The Court of Appeal has rejected an appeal against the appointment of a receiver over a substantial property on the Dublin Quays. The defendant, Dengrove DAC, had appointed a receiver to sell the property after the plaintiffs, Mr Pat Ryan and Mr Phil Monaghan, failed to uphold the terms of a settlem
Killian Flood BL
The Court of Appeal has upheld the validity of a homemade will despite the fact that several parts had not been properly executed by the testatrix. The deceased, Ms Mary McEnroe, had made her own will and had altered it before she died by scribbling out certain words so that they became illegible. T
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