Killian Flood BL

The High Court has refused an application by an environmental group for the attachment of the chief executive for Roscommon County Council. The group claimed that the County Council had breached a court order by restarting work on a flooding relief program. However, Mr Justice Garrett Simons held th

The Supreme Court has ruled that a medical certificate of injuries allegedly sustained by a victim of assault was inadmissible evidence because the certifying doctor had not examined the victim. It was held that section 25 of the Non-Fatal Offences Against the State Act 1997 required a doctor issuin

The High Court has refused an appeal for a personal insolvency arrangement (PIA) after it was held that the debtor’s income had not been “assessed and verified by the PIP in such a manner as would give confidence as to its accuracy”. The court held that the PIA left “no room

The Court of Appeal has rejected an appeal by the Health Service Executive (HSE) to dismiss a plaintiff’s claim for personal injuries arising from the circumstances of her birth. The HSE sought to strike out the proceedings which issued 41 years after the birth of the plaintiff, arguing that i

The High Court has ruled that a scratch golfer who lost his index finger while assisting his golf club was entitled to €100,000 in damages arising from the accident. In so finding, the court held that the plaintiff was not a member of the club at the time and was therefore entitled to pursue th

The Court of Appeal has ruled that the Health Service Executive (HSE) was required to carry out assessments of children with suspected disabilities on a chronological and nationwide basis. In so ruling, the Court rejected a submission that the HSE could carry out such assessments of need on a region

The High Court has granted an injunction against the DPP restraining the prosecution of a man of a drug-driving charge due to a breach of fair procedures. The court held that the wrong charge had been preferred by the DPP and that the DPP had made representations to the District Court that the charg

The Court of Appeal has upheld a conviction of a man who sexually abused his nephew between 1989 and 1991. In so ruling, the court rejected the submission that the non-availability of his deceased mother as a witness should have led to the withdrawal of the case from the jury. The court applied the

The Court of Appeal has increased a damages award for a man who had his constitutional right to earn a livelihood infringed by a trade union. The man had received €15,000 from the High Court in the quantum hearing. However, the Court of Appeal held that the trial judge had erred in a number of

The High Court has determined that a motor insurer must provide cover for a man who was badly injured when the lifting mechanism of a lorry failed and dropped a large bin on him. The dispute came before the court as a special case pursuant to Order 34 RSC, in circumstances where two insurers could n

The Court of Appeal has upheld an appeal by Clare County Council against a €113,000 damages award for personal injuries sustained in a highway accident. The plaintiff had successfully litigated in the High Court after he had fallen off his bike due to a defective ramp on a highway maintained by

The Court of Appeal has ruled that Aer Arann must pay more than €3.2 million to the State arising from a finding of unlawful State aid. The EU Commission had previously determined that an air travel tax imposed by the State conferred a competitive advantage to Aer Arann in contravention of Art

The High Court has held that an executor of a will was entitled to his costs after a plaintiff brought legal proceedings seeking his removal. The plaintiff had claimed that the defendant, who was a solicitor, had delayed in administering the estate and had failed to properly manage the assets. On th

The Court of Appeal has allowed an appeal against conviction for a man accused of an offence contrary to s.15 of the Misuse of Drugs Act 1977. The court held that the jury had not been properly charged in relation to the inference-drawing provisions of the Criminal Justice Act 1984 in circumstances

The High Court has determined that the legal costs of an employment injunction application should be costs in the cause after the motion was rendered unnecessary. The plaintiff had sought to be reinstated by his employer following his suspension on full pay during an ongoing investigation. However,