Killian Flood BL

The High Court has refused an application by Enoch Burke to stay the case management of High Court proceedings pending the determination of his appeals to the Court of Appeal. In October 2022, the court decided that it would case manage the High Court proceedings and made directions for the delivery

The High Court has held that a solicitor acted in a “grossly negligent fashion” in a fraudulent property transaction perpetrated by a daughter against her parents’ home. Although the home had been valued at €250,000, the daughter procured the transfer of the property to her fo

The Court of Appeal has dismissed an appeal by the DPP against a sentence of three years and three months' imprisonment for a young woman convicted of gross negligence manslaughter of her infant child. The final three years of the sentence were suspended by the trial judge and the DPP argued that th

The Circuit Court has granted a stay on a plaintiff’s proceedings against Fastway Couriers for damages arising from a GDPR breach until the determination of preliminary references by the Court of Justice of the European Union (CJEU). The defendants brought the application claiming that the pre

The High Court has ruled that Enoch Burke will be fined €700 per day if he continues to defy a court order requiring him to stay away from his former school. Mr Burke had been released from prison for contempt of court in December 2022 but began attending his former place of work in January onc

The Court of Appeal has increased the sentence for a Romanian national who repeatedly raped a young woman in 2018. The man was previously sentenced to 10 years' imprisonment by the Central Criminal Court, with the final three-and-a-half years suspended due to the accused not speaking English and not

The High Court has awarded €63,000 to a bus driver who was injured in an assault by an unidentified assailant during the course of his employment. The driver brought personal injuries proceedings against Bus Éireann claiming that the bus company failed to provide him with a safe place of

The High Court has determined that Merck Sharp & Dohme was entitled to an interlocutory injunction preventing a competitor from selling a generic version of a patented drug prior to the expiry of an SPC in April 2023. The competitor, Mylan Ireland Limited, had claimed that the SPC was invalid an

The Supreme Court has held that the victims of crime may not generally influence the sentence imposed by a trial judge on a convicted criminal, but stated that a court may take into account a plea for leniency when making a final determination on the appropriate sentence. The decision arose from an

The Court of Appeal has held that the sentence for a man who impeded the investigation and apprehension of the murderer of Thomas Farnan was too lenient. The sentence was initially set by the trial judge at four years with the final 18 months suspended but the Court of Appeal held that the appropria

The High Court has determined that a defendant was entitled to discovery of a plaintiff’s post-accident medical records in a personal injuries case. It was held that post-accident records were clearly relevant to the proceedings and there was no reason why they should not be discovered. Delive

The High Court has determined that a mother had wrongfully removed her two children to Ireland and ordered that they should be returned to Sweden under the Hague Convention. The eldest child claimed that she would self-harm if she was returned to Sweden but the court held that there were not strong

The High Court has dismissed a personal injury claim brought by a university student who fell from a bucking horse at an equestrian centre. The plaintiff suffered a significant back injury in the fall and brought proceedings against the equestrian centre and the university which organised the horse-

The High Court has refused an application by a plaintiff for well-charging relief against a deceased’s estate on the basis that the monies had become payable in September 2008. It was held that the plaintiff’s claim was statute-barred as no proceedings had issued within two years of the

The High Court has quashed a sentence for burglary on the basis that the trial judge erred by refusing to allow counsel an opportunity to take instructions from their client. The defendant had pleaded guilty to stealing €5,000 from a house in at a hearing in 2021. Delivering judgment in the cas