Case Reports

The High Court has awarded €26,000 in general damages to a Spanish national whose visceral leishmaniasis was diagnosed within three days of admission to a Valencian hospital, but which remained undetected by St James’s Hospital during his 42-day admission there. Delivering judgment for th

The Supreme Court has determined that the compensation under s.53(5) of the Electricity (Supply) Act 1927 can include compensation for the depreciation of the value of an entire land holding where that depreciation is caused by the imposition of the burdensome rights provided for by s.53. Delivering

Northern Ireland’s Court of Appeal has dismissed the appeal of an unsuccessful candidate for a lecturing position at Queen’s University Belfast who repeatedly initiated proceedings alleging racism and discrimination on grounds of ethnicity and religion. Delivering judgment for the Court

The High Court has refused to stay defamation proceedings brought by media lawyer Paul Tweed against two companies responsible for the sale of a book alleged to contain defamatory material. Delivering judgment for the High Court, Mr Justice Anthony Barr confirmed that “the default position is

The Supreme Court has adjusted the ‘Primor’ test for the dismissal of claims for want of prosecution, finding that delay should be judged by reference to Order 122, rule 11 of the Rules of the Superior Courts. Delivering his judgment for the Supreme Court, Chief Justice Donal O’Don

The High Court has dismissed judicial review proceedings taken by a garda accused of entering into an inappropriate sexual relationship with a woman who made a complaint to gardaí of domestic abuse. Delivering judgment for the High Court, Mr Justice Garrett Simons found inter alia that while

The High Court has granted Norwich Pharmacal orders and Bankers Trust orders to a victim of fraud in order to assist the identification of the perpetrators and the tracing of his lost funds. Delivering judgment for the High Court, Mr Justice David Nolan was satisfied that "the court should take a re

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