Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court: National school in enrolment policy row granted application for judicial review

High Court: National school in enrolment policy row granted application for judicial review

The Board of Management of a National School in Dublin has been granted orders of certiorari quashing decisions which effectively directed the school to enrol a child in an oversubscribed class. Stating that this was “manifestly unfair” to the other unsuccessful pupils, Mr Justice Coffey agreed that there was no effective policy for dealing with […]

High Court: Dunnes Stores ordered to pay over €15m in settlement dispute

High Court: Dunnes Stores ordered to pay over €15m in settlement dispute

Receivers appointed to a development company that had agreed with Dunnes Stores that it would be the “anchor” store in a Dublin development have successfully argued that they complied with the requirements of an agreement which obliged Dunnes to pay over €15 million plus interest. Criticising Dunnes for overstating the requirements of the disputed agreement, […]

Scotland: Minimum unit pricing prevails as UKSC dismisses Scotch Whisky Association appeal

Scotland: Minimum unit pricing prevails as UKSC dismisses Scotch Whisky Association appeal

The Scotch Whisky Association’s appeal against the legality of Scotland’s minimum pricing regime has been unanimously dismissed by justices in the Supreme Court who found its enabling legislation does not breach EU law and that it is a proportionate means of achieving a legitimate aim. The Scottish Parliament decided to address the health and social […]

High Court: Excessive post-adoption contact plan was not in the interests of children

High Court: Excessive post-adoption contact plan was not in the interests of children

A Trust in Northern Ireland which agreed to a post-adoption care plan consisting of twice-yearly direct contact, and twice-yearly indirect contact, has been criticised for agreeing to an “excessive” amount of contact granted to parents guilty of child cruel and neglect, and for “the manner and speed” at which this was reduced “before the children […]

High Court: Shatter successfully appeals decision regarding Prime Time comments

High Court: Shatter successfully appeals decision regarding Prime Time comments

Former Justice Minister Alan Shatter has been successful in appealing the decision of the Data Protection Commissioner, who found that the former TD had breached the Data Protection Acts when he alleged that Mick Wallace TD had dodged penalty points for using his phone while driving. Mr Justice Meenan found that the Commissioner had not […]

Court of Appeal: Statute gives DOJ broad discretion in Police Ombudsman funding decisions

Court of Appeal: Statute gives DOJ broad discretion in Police Ombudsman funding decisions

A finding of the High Court that the the Department of Justice (DOJ) had failed to provide sufficient funding to the Office of the Police Ombudsman for Northern Ireland (PONI) has been overturned on appeal. Emphasising that the Police (NI) Act 1998 provided the DOJ with the discretion to provide sums “as appear to be […]

High Court: Perpetual injunction against disaffected former Scientologist is lifted

High Court: Perpetual injunction against disaffected former Scientologist is lifted

A “disaffected” former member of the Church of Scientology has successfully had a perpetual injunction against him dissolved in the High Court. Considering Szabo, Justice Noonan held that the man’s behaviour did not amount to a substantial risk – and that in any event, the plaintiff was not entitled to such equitable relief where she […]

High Court: Man who alleged his father ‘robbed’ his compensation told ‘blatant and brazen lies’

High Court: Man who alleged his father ‘robbed’ his compensation told ‘blatant and brazen lies’

A man who argued that he was the true owner of premises his father had mortgaged, and over which the bank had appointed a receiver, has lost his application to the High Court for possession. Finding that the plaintiff had perjured himself in claiming that he had paid his father for an ownership interest in […]

High Court: UK must provide further details on conditions in Maghaberry before man is surrendered

High Court: UK must provide further details on conditions in Maghaberry before man is surrendered

A man arrested in Ireland on foot of two European Arrest Warrants has successfully objected to his surrender to the UK, due to the risk of him being subjected to inhumane and degrading treatment in Maghaberry Prison. Directing the Minister for Justice and Equality to seek further information regarding the treatment of vulnerable prisoners in […]

High Court: Investment fund awarded €8m against former AIB bankers who invested in property

High Court: Investment fund awarded €8m against former AIB bankers who invested in property

An investment fund which bought billions of euros worth of property loans in the State has been granted a summary judgment against former AIB bankers in “highly unusual circumstances” which involved the recusal of Mr Justice Max Barrett ex post facto due to his involvement with IBRC. Agreeing with the findings made by Justice Barrett […]