Killian Flood BL

A High Court judge has delivered a strong judgment regarding the practice in the personal injuries list of making consent orders which determine the amount of recoverable benefits to be paid by tortfeasors. Mr Justice Kevin Cross held that it was a “universal practice” in personal injuri

The Court of Appeal of Northern Ireland has dismissed an appeal from the Department of Justice against a finding that it had discriminated against a female employee on the grounds of sex. The claimant alleged that she had been employed with the DOJ and had intermittently performed the functions of a

The Court of Appeal has dismissed the appeal of a man against an order for his surrender to the United Kingdom to face charges of sexual abuse of a young girl. The appellant argued that his surrender would be incompatible with his right to family and private life under Article 8 of the European Conv

The Court of Appeal has allowed an application by a man convicted of manslaughter for an extension of time to appeal his sentence. However, the court refused the man’s application to extend time to appeal his conviction. Delivering judgment in the case, Mr Justice George Birmingham (President)

The High Court has dismissed two legal challenges brought by several high-profile unionist politicians to the EU Withdrawal Protocol and the Withdrawal Acts and Regulations. The applicants claimed that Northern Ireland had been placed on a different constitutional footing than the other parts of the

The High Court has allowed an appeal against a Circuit Court ruling that a personal injuries claim was statute-barred against a set of defendants. The principal issue in the case was whether the plaintiff’s application under section 46(3) of the Personal Injuries Assessment Board Act 2003 to a

The Supreme Court has ordered Quinn Insurance Limited to provide €5 million in “interim security” for PricewaterhouseCoopers in order to avoid a stay on its proceedings. The ruling arose from a previous Supreme Court decision that QIL has to provide security for costs to PwC. It was

The High Court has allowed a judicial review application for a man who challenged the State’s entitlement to return him before the Circuit Court for offences which occurred during a suspended sentence period. The accused had previously been convicted of drugs offences and was given a three-yea

The Court of Appeal has rejected an appeal against conviction brought by a man who murdered Keith Walker with a submachine gun while dressed as a woman. Although there were numerous grounds of appeal that were formulated, the court held that none of the points raised were sufficient to overturn the

The Court of Appeal has allowed an appeal against a spousal maintenance order made in the High Court, which provided only €800 per month to the former wife of a farmer and expired after four years. The court considered section 16 of the Family Law Act 1995 and held that the maintenance order fa

The High Court has rejected an application to amend a case stated from the Tax Appeal Commissioners on a point of law. The application sought to introduce further questions of law regarding the jurisdiction of the Commissioner and his conduct in proceedings. Delivering judgment in the case, Ms Justi

The High Court has ruled that the Revenue Commissioners were not entitled to full legal costs despite being “entirely successful” in case stated proceedings. The court held that 20 per cent of the hearing was taken up by submissions which had no probability of success and therefore only

The Supreme Court has quashed a recommendation by the Labour Court for a Sectoral Employment Order setting minimum conditions for electrical workers’ pay because it failed to provide adequate reasoning for the decision. The SEO was recommended under the procedure set out in Chapter 3 of Indust

The High Court has struck out a claim against Clare County Council in which the plaintiff failed to produce a statement of claim for 22 months after the plenary summons had issued. In reaching this decision, the court applied Comcast International Holdings Incorporated & Ors. v. Minister for Pub

The High Court has held that the Labour Court was incorrect in law when it refused a claim by a HSE employee under the Protection of Employees (Fixed-Term Work) Act 2003 on the basis that he was not a fixed-term employee. The court said that the Labour Court had mistakenly decided that a person coul