The High Court has refused to grant an interlocutory injunction restraining a company from selling a generic version of a previously patented drug on the basis that the taxpayer would save €8 million. The drug was used to treat multiple sclerosis and was the subject of a patent which expired in
Killian Flood BL
The High Court has refused an application by a woman for a declaration that she was a qualified cohabitant of a deceased man who was married to another woman. The woman claimed to have been in a committed, exclusive relationship with the man for several years and therefore sought orders for property
The Supreme Court has rejected an appeal from an accused who claimed that he was entitled to be interviewed by gardaí during the investigation stage of alleged crimes. It was said that the accused was entitled to have his defence placed on the record while being questioned by gardaí an
The Court of Appeal has dismissed an application brought by a man seeking to quash convictions for murder, burglary and false imprisonment on the ground that a newly-discovered fact showed there had been a miscarriage of justice. The man relied on medical expert evidence which stated that he was in
The High Court has granted a declaration that certain monies owed by defendants to a plaintiff on foot of a mortgage loan were well-charged against a property despite the court not being satisfied that adequate particularisation of the underlying debt had been provided. On the evidence in the case,
The High Court has struck out a plaintiff’s personal injuries claim for damages arising from bullying and harassment in the workplace on the basis that the proceedings were statute-barred. The plaintiff had lodged a PIAB application 10 months outside the two-year limitation period but claimed
The High Court has quashed a decision by the International Protection Appeals Tribunal (IPAT) which refused international protection to a Muslim man who claimed to be persecuted for working in the beef trade in India. The man was previously attacked by cow vigilantes who wanted him to stop his work
The Court of Appeal has dismissed an appeal which was brought by a solicitor purporting to act on behalf of a ward of court. The court held that the legal practitioners did not have any lawful authority to pursue the appeal after the man had been brought into wardship, which related to the costs of
High Court: PIA approved for debtors despite claims from creditor that arrangement was unsustainable
The High Court has approved a personal insolvency arrangement for a couple despite objections from a creditor that the PIA was unsustainable. It was argued that the debtors’ total income under the arrangement would not be sufficient to maintain a reasonable standard of living for themselves an
The High Court has dismissed an appeal from an insurance provider against a decision of the Financial Services and Pensions Ombudsman (FSPO) that it acted unreasonably by declining to cover losses to a business arising from the Covid-19 pandemic. Hiscox SA had brought a statutory appeal claiming tha
The High Court has ruled that a plaintiff company must provide security for costs in proceedings which were estimated to cost the defendants €3 million. The court held that there were no special circumstances which existed to justify refusing the application for security for costs and that each
The High Court has ruled that the Dublin Circuit Court was wrong to refuse to hear a divorce application on the basis that the husband, a solicitor, did not carry on his profession in the county. The couple lived outside Dublin and the husband was based in the south-west of the State. As such, the m
The High Court has ruled that the provisions of the Children First Act 2015 require HSE counsellors to report child abuse claims made by adult service users to Tusla. A 2019 policy published by the HSE required certain “mandated persons” to pass on information to Tusla where there were r
The High Court has refused an application for well-charging relief by a company seeking to rely on a registered lien as security for loans advanced after 31 December 2009. In so ruling, the court held that the present case was “indistinguishable” from the judgment in Promontoria (Oyster)
The High Court has awarded €75,000 in damages to a man who was injured by a bull at a cattle market. The man was an experienced farmer who had been asked to assist in driving cattle into the auction area when he was attacked by a startled cow. Delivering judgment in the case, Mr Justice Cian Fe