Case Reports

The High Court has found that changes made to a will to retract a gift of a valuable South Circular Road property were invalid as having likely been made after execution and not in compliance with s.86 of the Succession Act 1965. Delivering judgment for the High Court, Ms Justice Siobhán Stac

The Supreme Court has found that Irish public policy considerations concerning champerty were outweighed by public policy in favour of recognising a judgment of an EU member state. Delivering his judgment for the Supreme Court, Mr Justice Hogan stated: “Article 52 of the Brussels 1 recast prec

The High Court has rejected an application by a party to a dispute concerning a share purchase agreement in circumstances where the terms thereof required the parties to engage in an expert determination process and where that process had yet to commence. Delivering judgment for the High Court, Mr J

The High Court has determined that while the Residential Tenancies Board incorrectly interpreted the term “room” in the context of an exemption to Rent Pressure Zone rules, an appellant landlord could not avail of the exemption by converting a space previously unlawfully let as a bedroom

The Court of Appeal has quashed a determination of the Waterford County Registrar where there was no evidence that the principles in s.141 of the Legal Services Regulation Act 2015 were applied. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland found: “Section 141 is unambig

The High Court has confirmed that where a determination order of the Residential Tenancies Board is not issued at the same time to all parties to a dispute, the statutory time limit for appeal runs from the latest date that the order was sent to any one party. Delivering judgment for the High Court,

Northern Ireland’s High Court has remitted a “special case” for reconsideration by the Law Society of Northern Ireland in circumstances where its appellate committee did not apply the correct legal test in relation to a legal secretary’s application for registration as a stud

The High Court has refused an application to extend the one-year limitation period for defamation actions in respect of allegedly defamatory publications about a Jack and Jill Foundation board member. Delivering judgment for the High Court, Mr Justice Oisín Quinn found that the plaintiff coul

The Supreme Court has determined that section 1 of the Courts (No.3) Act 1986 does not require that a natural person apply for the issue of a summons in criminal matters. Delivering his judgment for the Supreme Court, Mr Justice Peter Charleton determined: "A firm of solicitors may apply for the iss

The Supreme Court has allowed the appeal of a company shareholder and has discharged an injunction secured in 2010 by a receiver in respect of a commercial property in Wexford. Delivering his judgment for the Supreme Court, Chief Justice O’Donnell confirmed that there “is an onus on the

The High Court has adjourned summary proceedings to plenary hearing in light of the defendant’s claims of non est factum and misrepresentation. Delivering judgment for the High Court, Mr Justice Micheál O’Higgins determined that “the defendant has raised sufficient facts on

The Supreme Court has dismissed appeals against the High Court’s refusal to prohibit the trial of three “aged out” defendants and against the “Gilchrist order” made to protect their anonymity. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Malley f

Northern Ireland’s High Court has dismissed a woman’s challenge to her exclusion from receipt of Cost of Living Payments (COLPs) during a period when she was housed in temporary accommodation and was in receipt of Housing Benefit. Delivering judgment for the High Court, Mr Justice David

The High Court has granted orders recognising the entering into administration of a Northern Irish company and the powers of its joint administrators. Delivering judgment for the High Court, Mr Justice Michael Quinn considered that there was a legitimate purpose for seeking recognition and added: "A

The Supreme Court has delivered a judgment concerning the rights of victims in proceedings for sexual offences and the impact of the non-disclosure of a particular counselling record on the safety of the appellant’s conviction for sexual assault on a child. Delivering judgment for the Supreme