Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court: Newspapers refused application for judicial review of order imposing reporting restrictions

High Court: Newspapers refused application for judicial review of order imposing reporting restrictions

A group of newspaper companies have had their application for judicial review of a court order imposing reporting restrictions on a sexual assault case refused in the High Court. Finding that the 2014 order was lawfully made, but that there was no lawful basis for it to continue after the accused had been convicted and […]

High Court: Employee who slipped in Tesco warehouse toilets awarded €65k

High Court: Employee who slipped in Tesco warehouse toilets awarded €65k

An employee who fractured his wrist and elbow while using the toilet at the Tesco warehouse in Dublin has been awarded €65,000 in the High Court. Finding that Tesco was liable for the man’s injuries, Mr Justice Anthony Barr found that the floor was in a dangerous and unsafe condition due to the fact that […]

High Court: Drafts of article allegedly defaming solicitor are covered by journalistic privilege

High Court: Drafts of article allegedly defaming solicitor are covered by journalistic privilege

The High Court has ruled that two emails which were sent by a journalist to the newsdesk at the Irish Daily Star, described as earlier drafts of an article which is now the subject of defamation proceedings, are covered by journalistic privilege. Accepting evidence on behalf of the newspaper which stated that the deleted portions […]

Supreme Court: Damages awarded in negligence claim against LK Shields reduced to €5.2m

Supreme Court: Damages awarded in negligence claim against LK Shields reduced to €5.2m

Damages awarded to a company who sued LK Shields for negligence in a conveyancing transaction have been reduced from €11 million to €5.2 million by the Supreme Court. Substituting the award of the High Court, Mr Justice Donal O’Donnell said that the title issue which the firm was at fault for had been cured by […]

Belfast Crown Court: Man sentenced to 12 years for murder which went ‘well beyond’ self-defence

Belfast Crown Court: Man sentenced to 12 years for murder which went ‘well beyond’ self-defence

A man who pleaded guilty to the murder of another in September 2016 has been sentenced to 12 years in prison at Belfast Crown Court. Allowing a two-and-a-half-year reduction in the sentence for the man’s guilty plea before the trial, Mr Justice Colton accepted that his actions were initially in self-defence, but went “well beyond […]

AG Wathelet: EUIPO must re-examine Kit Kat 4 fingers trade mark

AG Wathelet: EUIPO must re-examine Kit Kat 4 fingers trade mark

According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark. He proposes that the appeals brought by Nestlé, EUIPO and Mondelez be dismissed and states that Nestle did not adduce sufficient evidence to show that its trade mark […]

High Court: Modular trial ordered in ongoing Blackrock Clinic proceedings

High Court: Modular trial ordered in ongoing Blackrock Clinic proceedings

A modular trial format has been ordered in the ongoing Blackrock Clinic shareholder dispute which commenced in 2014. Finding that the extensive use of court resources in this private dispute, and the recusal of a judge previously hearing the case amounted to “special or unusual circumstances”; Mr Justice Michael Twomey said that it was in […]

High Court: 18-year-old facing rape charges refused order of prohibition sought due to delay

High Court: 18-year-old facing rape charges refused order of prohibition sought due to delay

An 18-year-old man who is facing rape charges has been declined orders for various reliefs sought on the basis that there was culpable delay in the advancement of the investigation. It was argued that the effect of the delay was that the man, who was 16 at the time of the alleged offence, had lost the protections […]

High Court: Employee’s mental health records to be sealed to avoid ‘unfair advantage’

High Court: Employee’s mental health records to be sealed to avoid ‘unfair advantage’

Mental health records sought by an employer in proceedings brought by a suspended employee have been “sealed and placed on the court file” for use by the court in determining the appropriate remedy if the employee’s claim is successful. The order was also made to ensure that the employer, the National Museum of Ireland (NMI), […]

High Court: Adoption order granted in case of child with special needs despite birth mother’s objections

High Court: Adoption order granted in case of child with special needs despite birth mother’s objections

The Child and Family Agency has been granted orders authorising the Adoption Agency of Ireland to make an adoption order in favour of the foster parents who have cared for the child since 2010. Making an order dispensing of the consent of the birth mother to the making of the adoption order, Ms Justice Reynolds […]