Killian Flood BL

In my previous life as case reporter for ILN, I had to digest some long judgments. The first decision in the landmark Covid-19 business interruption claims ran to 214 pages. The judgment in Facebook’s judicial review to the DPC’s own volition inquiry came out to 197 pages. And don’

When I was called to the Bar, my godfather congratulated me on my new life of “dignified poverty”. Had I known just how apt this description was, I may not have laughed so loudly.

On 8 September, Mr Justice Mark Heslin committed Enoch Burke to prison for his failure to comply with a court order restraining him from trespassing at Wilson’s Hospital School. Although Mr Burke had been ordered to stay away from his former place of work since September 2022, a permanent inj

The Court of Appeal has determined that the a party which is “entirely successful” in proceedings was not required to show that it had conducted litigation in the most cost-effective manner before being entitled to its full costs. The High Court had determined that the Minister for Publi

The High Court has refused an application by a plaintiff to strike out certain aspects of a defendant’s affidavit on the grounds that it exhibited without prejudice correspondence. The parties had previously engaged with a view to resolving a contractual dispute in advance of litigation and th

The High Court has ruled that debtors seeking to dismiss a bankruptcy summons in advance of trial must take the appropriate steps within the prescribed 14-day period pursuant to section 8(5) of the Bankruptcy Acts 1988 to 2015. In so ruling, the court determined that there was no jurisdiction to ext

The High Court has ruled that successful plaintiffs in a circuit appeal were entitled to the full legal costs of the hearing and rejected taking an “overly meticulous approach” to legal costs. The defendants had argued that the plaintiffs were not entitled to their legal costs because th

The Court of Appeal has dismissed an appeal by Jonathan Dowdall against the four-year sentence handed down to him for his involvement in the murder of David Byrne at the Regency Hotel. The court held that the sentence was “very lenient” and was within the available range open to the Spec

The High Court has refused to place a stay on a costs order obtained against litigants who had brought proceedings alleging that the Covid vaccine was a plan by Bill Gates to depopulate the Earth. The State successfully opposed a motion brought by the litigants for a protective costs order on the ba

The Court of Appeal has held that a fund was entitled to argue in the course of well-charging proceedings that the debtor created an equitable charge over the property. The High Court had determined that the plaintiff could not raise this argument because the plaintiff was not able to rely on a lien

The High Court has placed MAC Interiors into examinership despite the fact that the company was registered in Northern Ireland and therefore outside the European Union. The company had claimed that a combination of factors including the pandemic, losses in a Liverpool development and global supply c

The High Court has set aside judgment in default of defence obtained on foot of an unless order due to the very difficult personal circumstances experienced by counsel during the period in which a defence was to be delivered. The court held that special circumstances existed in the case to set aside

The Circuit Court has awarded €2,000 to an employee for non-material damage arising from a data breach by his employer. The plaintiff was identifiable in a training video relating to unacceptable work standards which was seen by management. Delivering judgment in the case, His Honour Judge John

The High Court has ruled that the Health Service Executive did not owe a duty of care to the parents of a woman who died from cervical cancer following an alleged misdiagnosis in the cancer screening process. The HSE had argued that the decision in Morrissey v. Health Service Executive and Ors. [201

The High Court has awarded €69,000 in damages to a delivery driver who suffered a knee injury after stepping into a pothole while alighting his vehicle. The defendant was Tipperary County Council which was the authority in charge of the road. Delivering an ex tempore judgment in the case, Mr Ju