Killian Flood BL

The High Court has refused an application to remove the two inspectors appointed to investigate and report on the affairs of Independent News and Media plc. The proceedings were brought by Mr Leslie Buckley, a former director and executive chairman of the company. It had been contended that certain

The Supreme Court has dismissed an appeal brought by a convicted IRA member who claimed that his detention by gardaí was unconstitutional. The applicant, Mr Kevin Braney, had been arrested and detained by gardaí on suspicion of being a member of an unlawful organisation under the power

The High Court has ruled that a Commercial Court case will be heard using the remote hearing platform TrialView, despite objections from the defendant. The court considered the provisions of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which allows a court of its own motion to

A man who was found guilty of witness intimidation and assault has had his sentence increased by the Court of Appeal following an appeal by the Director of Public Prosecutions. The court said that it was satisfied that the four-and-a-half-year sentence imposed by the Circuit Court was unduly lenient

The Court of Appeal in Northern Ireland has dismissed the appeal of a man who tried to exclude a child rape acquittal from his Enhanced Criminal Record Certificate. The man, known as KC, applied to take up positions as a childcare assistant in a school and as a volunteer in a community organisation,

In a landmark judgment, the High Court has ruled in favour of four pub owners who claimed that FBD Insurance was required to cover their losses for the enforced closure of business during the coronavirus pandemic. Giving the judgment, Mr Justice Denis McDonald said that the proper interpretation of

The High Court has allowed an appeal against a decision by the Solicitors Disciplinary Tribunal that dismissed claims of a solicitor witnessing forged documents. The court directed the Tribunal to hold an inquiry into whether the solicitor falsely witnessed the appellant’s signature and whethe

The Court of Appeal has ruled that a plaintiff can re-enter Commercial Court proceedings which were struck out on consent in 2011. The proceedings had been settled prior to trial under a written settlement agreement and included a clause that the case could be re-entered into the Commercial List if

The High Court has refused an application to grant An Bord Pleanála leave to appeal a decision to overturn a planning permission for high-rise accommodation in Finglas. The controversial development permission had previously been quashed in July 2020 by Mr Justice Denis McDonald, who had conc

A High Court judge has criticised the reasoning of the Minister for Justice and Equality in a decision refusing protection for an LGBT asylum seeker. The applicant, known as Mr X, was refused permission to remain in the State despite claiming that he was bisexual and that he would be subjected to pe

The High Court has struck out a plaintiff’s action for damages arising from the sale of a property for failing to comply with a court order. The court said that the plaintiff simply ignored the court order and that it was proportionate in all the circumstances to dismiss the action. Applying t

The Supreme Court has ruled that a hospital may withhold life-sustaining treatment for a catastrophically injured child against the wishes of his parents. In an important judgment regarding health decisions and family authority, the court considered that the best interests of the child did not requi

The Court of Appeal has overturned a Circuit Court decision to withdraw a case from a jury because the defendant was not questioned by gardaí about the alleged offences. The court said that the defendant had “no entitlement to be detained and questioned” by gardaí in order

The Court of Appeal has overturned a personal injuries award for a woman who was scalded by hot water after trying to make tea in a glass jug from Dunnes Stores. In the High Court, the plaintiff was awarded €56,000 after the trial judge held that the jug should have had a label to warn users no

The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. Howe