Killian Flood BL

The High Court has ruled that the HSE was required to provide an assessment of need for a disabled child who required a diagnosis to access appropriate schooling and education services. The applicant had significant learning difficulties but the HSE had not assessed him for several years. Delivering

The Court of Appeal has increased the sentence for a man who stabbed his partner and mother of his infant child in the back four times as she attempted to flee from him. The man had originally been sentenced to three years' imprisonment but the court held that this was too lenient. Delivering judgme

The High Court has allowed an appeal against an order striking out a plaintiff’s proceedings on the basis that the proceedings did not offend the rule in Henderson v. Henderson (1843) 3 Hare 100. The plaintiff had issued a previous set of proceedings arising from the same incident and the Circ

The Court of Appeal has allowed an appeal to dismiss a personal injuries action in which the plaintiff slipped on ice outside his own apartment. The plaintiff sued the management company for damages, claiming that it had been negligent by not gritting the landing, not maintaining nosing strips on th

The High Court has granted an order of certiorari quashing the entirety of an indicative road route which ran through the applicants’ lands. In so ruling, the court considered whether the applicants were entitled to their full legal costs despite not having won every legal point in the court&r

The Court of Appeal has allowed an appeal against the dismissal of two personal injuries claims for women who claimed to be injured while riding a swing in a playground with toddlers. A central feature of the case was a dispute between experts as to the minimum height clearance of the swing from the

The Supreme Court has granted a leapfrog appeal to the HSE regarding the jurisdiction of a Complaints Officer to direct the delivery of services to disabled children. The High Court had previously held that an Complaints Officer and a Disability Appeals Officer may direct the delivery of services to

The Court of Appeal has dismissed an appeal against conviction brought by a man who sexually abused his niece between 1981 and 1989. The main point of appeal related to the unavailability of certain documentary evidence of counselling records for the complainant. Delivering judgment in the case, Mr

The High Court has quashed a decision of the Minister of Justice and Equality to refuse a naturalisation application for a Somali woman on the grounds that she was not of good character pursuant to the Irish Nationality and Citizenship Act 1956. The applicant had submitted a false passport with the

The High Court has held that insurance companies are not entitled to recover monies under the Recovery of Benefits and Assistance Scheme where they have settled personal injuries cases outside of court. It was held that a “consent settlement order” was not an “order of the court&rd

The Supreme Court has determined that the proposed ratification of an EU-Canada trade deal by the State is unconstitutional because the trade deal would compromise judicial sovereignty in Ireland. The trade deal, known as CETA, provided for an investor tribunal which had powers to make binding and e

The Court of Appeal has dismissed an appeal brought by a defendant in a personal injuries action in which the High Court rejected an application to dismiss the proceedings pursuant to section 26 of the Civil Liability and Courts Act 2004. The High Court had determined that the defendant had improper

The High Court has dismissed an appeal in a personal injuries action where the plaintiffs were exposed to toxic chemicals following the installation of spray foam insulation. In reaching this decision, the court was highly critical of expert evidence which was led by the defendant. Mr Justice Seamus

The High Court has determined that a will which was revoked by a testator should be admitted to probate because it was only destroyed on foot of incorrect legal advice. The deceased had been told by his solicitor that the destruction of his will would revive a prior will. Delivering judgment in the

The High Court has ruled that the verdict of unlawful killing will be open to the jury in the Stardust inquest following a challenge from the former manager of the nightclub. It was claimed that the Coroner could not consider issues of criminal or civil liability in an inquest and that a verdict of