Killian Flood BL

The High Court has determined that a garda inspector was entitled to have his promotion backdated after it was delayed due to a false complaint by a member of the public. The investigation of the complaint delayed the promotion by seven months, during which time the garda did not receive the higher

The Court of Appeal has ruled in favour of a journalist who had his mobile phone seized by gardaí with a view to obtaining information relating to a serious criminal incident. The journalist had refused to give the phone to gardaí on the basis of journalistic privilege. The court deter

On 31 March, justice minister Helen McEntee announced the introduction of the Judicial Appointments Commission Bill 2022, which aims to overhaul the current system for judicial appointments in Ireland. The legislative proposals arrived to much fanfare from the Department of Justice, with the bill be

The Court of Appeal has delivered a significant ruling on the operation of the Civil Liability Act 1961 and debt claims. The court determined that two sets of defendants could not be “concurrent wrongdoers” on the basis that an action for the recovery of debt was not an action for damage

The High Court has quashed a decision of the Circuit Court to dismiss an appeal brought by a lay litigant after the trial judge failed to let the man make submissions. The applicant had appealed a decision of the District Court which increased maintenance payments for his child from €60 to &eur

The Court of Appeal has determined that a prosecution may proceed against an accused despite culpable prosecutorial delay in investigating the offences. The applicant, who was 17 years old at the time of the alleged crimes, claimed that he had lost important protections under the Children Act 2001.

The Court of Appeal has dismissed an appeal by a defendant in medical negligence proceedings which sought to compel the plaintiff to deliver expert reports. The defendant argued that the plaintiff had not properly particularised her claims of negligence and that the expert reports were necessary for

The High Court has ruled that the Commissioner for An Garda Síochána acted unlawfully when he decided to dismiss a member after a statutory Appeal Board had determined that dismissal was disproportionate. The Commissioner sought to dismiss the member for discreditable conduct arising f

The High Court has determined that a hotel was not entitled to insurance cover for pandemic losses under an RSA policy of insurance. The policy required a notifiable disease to be “manifesting itself at the premises” for the policy to cover any losses. In a 94-page judgment, Mr Justice D

The Court of Appeal has held that the suspension of a consultant by the HSE should be lifted despite the fact that there was an ongoing investigation into alleged misconduct. The consultant had previously performed experiments on five women during hysteroscopy procedures without their knowledge or c

The High Court has refused an application by a plaintiff for her legal costs to be paid on account by the defendant in a settled swine flu vaccine case. The plaintiff sought an order pursuant to High Court Practice Direction 71 for the payment on account pending the determination of taxation. Howeve

The Court of Appeal has rejected an appeal against the severity of a sentence imposed on a man who raped a 17-year-old girl twice at the same party. The sentencing judge had determined that the offending warranted a headline sentence of 14 years’ imprisonment, with the final two years suspende

The Court of Appeal has upheld a costs order for an injunction despite claims by the defendant that the proceedings were prematurely issued by the plaintiff. The High Court had ordered costs in the cause of the action but the defendant sought for costs to be awarded in its favour. Delivering judgmen

The Court of Appeal has rejected an appeal brought by a father seeking the return of his three children to England after they had moved to the Ireland during the pandemic. The court determined that the children had obtained habitual residence in the state following their move in June 2020. Deliverin

The High Court has struck out a plaintiff's medical negligence proceedings for inordinate and inexcusable delay arising from a failure to progress the proceedings from their inception. The court held that the proceedings had not progressed from a “protective writ” issued in 2016. Althoug