The Supreme Court has determined that where the time period for bringing judicial review proceedings under s.50(6) of the Planning and Development Act 2000 (as amended) expires on a day that the Central Office is closed, the time limit is extended to the next day on which the court offices are open.
Gillian O'Hanlon BL
NI High Court: Solicitors’ Disciplinary Tribunal decision absolving solicitor of wrongdoing reversed
Northern Ireland's High Court has determined that a decision of the Solicitors' Disciplinary Tribunal should be reversed and that a penalty of admonishment should be applied in respect of a solicitor. Delivering judgment in November, Lady Chief Justice Siobhan Keegan opined that to the respondent's
The Court of Appeal has determined that once a complaint is made to the Workplace Relations Commission, it operates as a complete bar to seeking redress in tort under s.13(1) of the Protected Disclosures Act 2014. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland confirmed: &
The High Court has stayed part of a claim against the Attorney General arising from a receiver sale dispute in circumstances where the plaintiffs claimed that improper safeguards of the plaintiffs’ constitutional rights were in place. Delivering judgment for the High Court in November, Mr Just
The High Court has made an order pursuant to the Adoption Act 2010 authorising the adoption of a teenage girl by her foster parent despite opposition from her birth parents. Delivering judgment for the High Court in November, Ms Justice Nuala Jackson reasoned that “while I appreciate that ther
The High Court has granted orders recognising a decree of nullity granted in the United States for the first time. Delivering judgment for the High Court in October, Mr Justice John Jordan highlighted: “There is no known judgment of the Superior Courts concerning an application for a declarati
The Court of Appeal has allowed an appeal against a finding of invalidity of a drug patent, noting that in the High Court’s 900+ page judgment the trial judge failed to "a very large extent" to make essential findings of fact. Delivering judgment for the Court of Appeal, Ms Justice Caroline Co
The Court of Appeal has determined that Revenue failed to adequately particularise its claim in accordance with O. 4, r. 4 RSC as discussed in Bank of Ireland Mortgage Bank v O’Malley [2019] IESC 84, but that fresh evidence admitted on appeal explained the discrepancies in the sums notified to
The Supreme Court has determined that prior to the amendments introduced by s.13 of the Road Traffic Act 2024, the Road Traffic Act 2010 still required drivers to wait at checkpoints pending the outcome of a roadside drug test. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Mal
High Court: Order in favour of a dealership which ‘clocked up’ 13,500km on couple’s car is set aside
The High Court has set aside an order of the Circuit Court summarily ordering the return of a ‘courtesy car’ to a dealership, finding that a plenary trial should take place instead before the High Court. Delivering judgment for the High Court, Mr Justice Garrett Simons determined that th
The High Court has granted an order pursuant to s.3 of the Legal Practitioners (Ireland) Act 1876 to James Lucey & Company in respect of outstanding counsels’ fees due to a former client. Delivering judgment for the High Court, Mr Justice Oisin Quinn determined that “there is no clos
The High Court has awarded €17,500 in general damages to a cleaner who gradually developed contact dermatitis on her hands through exposure to chemical cleaning substances at work. Delivering judgment for the High Court, Ms Justice Nuala Jackson determined that “the dermatitis in this ins
The High Court has acceded to an application made by a defendant solicitor seeking to dismiss 2010 professional negligence proceedings against him on grounds of delay, the solicitor’s first such application having failed before the High Court in 2021. Delivering judgment for the High Court, Ms
The Supreme Court has determined that the District Court could, at the case-management stage, refuse to accept jurisdiction of criminal cases in respect of which it had previously accepted jurisdiction. Delivering judgment for the Supreme Court, Mr Justice Peter Charleton determined: “If a col
A coroner in Northern Ireland has determined that the use of lethal force by British Army soldiers which led to the shooting and subsequent death of Francis Bradley in 1986 was justified, reasonable and appropriate. Delivering judgment for the High Court, His Honour Judge Peter Irvine KC highlighted