Killian Flood BL

The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence. The court held that it was “surprising and unfortunate” that the trial judge failed to recognise that

The High Court has decided to quash a planning decision relating to an incinerator in Cork based on a finding of objective bias in the planning process before An Bord Pleanála. The court decided that an order of certiorari would be granted in the case, but refused to quash the decision simpli

The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injurie

The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000. While the court agreed that the accident in the proceedings was “horrendous”, the court held that the

The Supreme Court has determined that an accused man was entitled to €5,000 in compensation from the State as a result of “systematic delays” in the appeal process which delayed his hearing. The man’s appeal had been adjourned on five occasions between 2011 and 2013 in the Cou

The High Court has set aside a bankruptcy summons where the respondent claimed to have suffered a “bombardment of calls” to his work by a Middle Eastern bank. The court held that the debtor had raised an arguable defence that the bank had harassed him after threatening to imprison him fo

The High Court has rejected a constitutional challenge to the Comprehensive Economic Trade Agreement (CETA) made between the EU and Canada. The action was brought by Mr Patrick Costello, a Green Party TD, who claimed that CETA would adversely affect the State’s ability to make environmental re

The Supreme Court has ruled that a prison was not liable in damages to an inmate who went on hunger strike following complaints about his living conditions. The inmate had been granted €5,000 in damages by the High Court after it was held that the prison had taken six weeks to make a decision o

The Supreme Court has allowed an appeal brought by a solicitor who had been found guilty of misconduct by the Solicitors Disciplinary Tribunal. The solicitor previously had appeals rejected in the High Court and Court of Appeal, where it was held that the matters which the solicitor wished to raise

The Supreme Court has dismissed an appeal in proceedings which sought to compel the State to establish an inquiry into the handling of a Garda investigation of a murder from 1976. Delivering judgment in the case, Chief Justice Mr Justice Frank Clarke held that there was no obligation on the State to

The Supreme Court has ruled that an expert witness retained by a plaintiff in competition proceedings should be excluded from the case on the basis that he had previously provided advise to the defendant in separate proceedings. The court held that the expert would have received confidential and pri

The High Court has granted an injunction to allow a tenant to remain in occupation of his rented property until the determination of his appeal from a decision of the Residential Tenancies Board. The court held that the Residential Tenancies Act 2004 provided that a landlord could not terminate a Pa

The High Court has sharply criticised a company which obtained an interim injunction that was “completely unnecessary” and in breach of the principle of full disclosure. The court said that the ex parte application gave the “false impression” that certain action needed to be

The High Court has granted an order for the possession of a house after the defendants had failed to make payments on the mortgage since 2017. Delivering judgment in the case, Mr Justice Max Barrett commented that the defendants seemed to have been assisted by “unregulated charlatans.”

The High Court has quashed a decision by the Minister for Justice and Equality to refuse a visa extension for a Canadian national whose husband was studying in Ireland. Delivering judgment in the case, Mr Justice Max Barrett held that the Minister had failed to provide adequate reasons for the decis