Case archive

High Court: Decision to amend waste discharge licence was ultra vires the powers of the Environmental Protection Agency

An environmental activist has been granted a declaration that the Environmental Protection Agency acted ultra vires its powers in 2017 when it granted Irish Water a technical amendment to a licence granted in 2012, which effectively allowed it to regularise ongoing breaches to the licence conditions.

High Court in Ireland — 19 February 2019

High Court: Damages for mental distress caused by wrongful death to be paid to surviving dependant only

Damages for mental distress in a case brought by the statutory dependants of a woman who died as a result of alleged negligence must be paid only to the sole surviving dependant in circumstances where the second dependant died since the proceedings commenced.

High Court in Ireland — 18 February 2019

High Court: Financial services company alleging pressure to mis-sell financial products granted injunction against EBS

A financial services company alleging that a Termination Notice of its Tied Agency Agreements with EBS was as a result of its refusal to succumb to “pressure” from EBS to “mis-sell financial products”, has been granted an injunction in the High Court.

High Court in Ireland — 15 February 2019

High Court: Man loses claim to the proceeds of his son’s unassigned mortgage protection policy

A man who argued that a resulting or constructive trust arose due to his payment of his son’s premium for a mortgage protection policy, which remained unassigned after the property they bought together was re-mortgaged, has lost his claim against his son’s estate.

High Court in Ireland — 14 February 2019

High Court: Accused was lawfully detained when giving urine sample two hours after drunk driving arrest

The lawfulness of a man’s detention was referred to the High Court by way of case stated, after a complaint was made regarding the two-hour delay in a doctor arriving at the Garda station for the purposes of taking a sample of urine.

High Court in Ireland — 13 February 2019

Labour Court: Nurses' strike called off after recommendation of enhanced salary scale

The nurses strike has been suspended following intervention by the Labour Court, which investigated the dispute in the exercise of its statutory powers under the Industrial Relations Act 1990.

Labour Court in Ireland — 12 February 2019

High Court: Application for third-party discovery of documents held by the Police Ombudsman is refused

An application for third-party discovery pursuant to section 32 of the Administration of Justice Act 1970 of documents held by the Police Ombudsman of Northern Ireland has been refused in the High Court in Belfast.

High Court in Northern Ireland — 11 February 2019

High Court: Garda awarded over €40,000 for finger broken by violent detainee

A member of An Garda Síochána has been awarded over €40,000 in damages for an injury to his finger caused by a detainee who became violent while being photographed and fingerprinted.

High Court in Ireland — 8 February 2019

High Court: Permanent TSB loses appeal against Personal Insolvency Arrangement

Permanent TSB (PTSB) has lost an appeal against a Personal Insolvency Arrangement (PIA) which was confirmed in the Circuit Court in 2017.

High Court in Ireland — 7 February 2019

Supreme Court: Royal College of Surgeons successfully overturns judicial review of CPD accreditation decision

The Royal College of Surgeons has successfully appealed the Court of Appeal’s decision to quash its refusal to grant CPD accreditation for a live plastic surgery event.

Supreme Court in Ireland — 6 February 2019

Belfast Crown Court: Man must serve a minimum of 10 years for the murder of his friend

A man who stabbed his friend to death must serve a minimum of ten years' imprisonment before he can be considered for release by the Parole Commissioners.

Crown Court in Northern Ireland — 5 February 2019

Court of Appeal: Man who sexually assaulted his two-year-old son loses appeal against conviction

A man who was convicted of sexually assaulting his two-year-old son while the child’s mother was at work has lost an appeal against his conviction.

Court of Appeal in Northern Ireland — 4 February 2019

High Court: Statutory fund must identify compensated clients in subrogation application

The Investor Compensation Company has lost an application to the High Court for directions which would enable it to be subrogated to the right of clients of a liquidated company to whom compensation has already been paid.

High Court in Ireland — 1 February 2019

Supreme Court: Man was made Ward of Court in lawful exercise of High Court’s wardship jurisdiction

A man who was made a Ward of Court four days before he was due to be released from the Central Mental Hospital (CMH) has lost his appeal to the Supreme Court.

Supreme Court in Ireland — 31 January 2019

Downpatrick Crown Court: Six people sentenced for involvement in Bangor murder with 'paramilitary overtones'

Four men have been given life sentences for the murder of a man who was shot in front of his three-year-old child in Bangor in 2017.

Crown Court in Northern Ireland — 30 January 2019