Case Reports

The Supreme Court has determined that the ministerial creation of the indictable offence of refusing to permit access by authorised officers to inspect private boglands was not an abdication of the Oireachtas’ legislative power. Delivering the lead judgment for the Supreme Court, Mr Justice Pe

The High Court has determined that Ireland is not the appropriate jurisdiction for a trademark infringement and passing off claim by easyJet Group against Cyprus-based Easy Forex. Delivering judgment for the High Court, Mr Justice Michael Twomey opined that “it seems to this Court that when on

The Court of Appeal has dismissed the appeal of a woman who claimed that she was required to undergo more extensive treatment than she otherwise would have required had her breast cancer been detected earlier by doctors at Letterkenny Hospital. Delivering the lead judgment for the Court of Appeal, M

The Supreme Court has determined that the common law defence to murder of “lawful use of force” as set out in The People (AG) v Dwyer [1972] IR 416 was abolished by s.22 of the Non-Fatal Offences Against the Person Act 1997 and that the test in s.18 of that Act now applies instead. Deliv

The Supreme Court has answered questions of law concerning the compulsory motor insurance requirement in favour of RSA Insurance Ireland DAC. Delivering judgment for the Supreme Court, Mr Justice Brian Murray pointed out that difficulties in implementing Directive 2009/103/EC have arisen as the Stat

Northern Ireland’s High Court has awarded £50,000 in damages against the Belfast Health and Social Care Trust and a consultant neurologist who negligently performed an unnecessary medical procedure. Delivering judgment for the High Court, Mr Justice Adrian Colton highlighted that “

The Supreme Court has referred four questions on the transposition and interpretation of Directive 2013/33/EU, the Reception Conditions Directive, to the Court of Justice of the European Union (CJEU). Delivering judgment for the Supreme Court, Ms Justice Elizabeth Dunne opined that it “seems t

The High Court has remitted a landlord and tenant dispute back to the Tenancy Tribunal for re-hearing, finding that the Residential Tenancies Act 2004 did not qualify the statutory duties of landlords to effect repairs by reference to any limitation on a landlord’s ability to do so arising fro

The Court of Appeal has determined that the official assignee did not disclaim his interest in High Court proceedings by failing to positively “claim” them during an appellant’s bankruptcy. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler remarked: “It mig

The High Court has refused to dismiss summary proceedings on grounds of delay where the applicants had consented to at least 19 adjournments during the periods of delay complained of. Delivering judgment for the High Court, Ms Justice Bolger found that the delay was excused inter alia “by reas

The High Court has dismissed proceedings brought by a woman who tripped and fell over an electricity cable at a caravan park in Co Kerry. Delivering judgment for the High Court, Mr Justice Paul Coffey opined: “I am satisfied that on any objective assessment, the danger complained of was a feat

The High Court has determined that a party seeking well charging relief pursuant to a judgment mortgage does not need to seek leave to issue execution and that the registration of a judgment mortgage in the name of a party is conclusive of its ownership thereof.  Delivering judgment for the Hig

The Court of Appeal has dismissed an appeal by Loc8 Code Ltd against the striking out of its proceedings alleging conspiracy in the Eircode tendering process and challenging the validity of the licence awarded. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen stated “It is p

The Court of Appeal has confirmed that no requirement for Revenue to reassess penalties imposed by the High Court arises by virtue of s.1077B of the Taxes Consolidation Act 1997 or otherwise. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen stated: “Leaving aside the fact th

The High Court has dismissed a minor’s personal injury proceedings against a gym for delay in circumstances where 10 years had passed since the issuing of her personal injury summons. Delivering judgment for the High Court, Ms Justice Marguerite Bolger found that the 10-year delay in progressi