Case Reports

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

The Supreme Court has determined that section 1 of the Courts (No.3) Act 1986 does not require that a natural person apply for the issue of a summons in criminal matters. Delivering his judgment for the Supreme Court, Mr Justice Peter Charleton determined: "A firm of solicitors may apply for the iss

The Supreme Court has allowed the appeal of a company shareholder and has discharged an injunction secured in 2010 by a receiver in respect of a commercial property in Wexford. Delivering his judgment for the Supreme Court, Chief Justice O’Donnell confirmed that there “is an onus on the

The High Court has adjourned summary proceedings to plenary hearing in light of the defendant’s claims of non est factum and misrepresentation. Delivering judgment for the High Court, Mr Justice Micheál O’Higgins determined that “the defendant has raised sufficient facts on

The Supreme Court has dismissed appeals against the High Court’s refusal to prohibit the trial of three “aged out” defendants and against the “Gilchrist order” made to protect their anonymity. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Malley f

Northern Ireland’s High Court has dismissed a woman’s challenge to her exclusion from receipt of Cost of Living Payments (COLPs) during a period when she was housed in temporary accommodation and was in receipt of Housing Benefit. Delivering judgment for the High Court, Mr Justice David

The High Court has granted orders recognising the entering into administration of a Northern Irish company and the powers of its joint administrators. Delivering judgment for the High Court, Mr Justice Michael Quinn considered that there was a legitimate purpose for seeking recognition and added: "A

The Supreme Court has delivered a judgment concerning the rights of victims in proceedings for sexual offences and the impact of the non-disclosure of a particular counselling record on the safety of the appellant’s conviction for sexual assault on a child. Delivering judgment for the Supreme

The Supreme Court has clarified the circumstances in which public authorities may owe a duty of care in the exercise of their discretionary statutory powers. Delivering judgment for the Supreme Court in April, Mr Justice Brian Murray remarked that “by treating with the plaintiffs as they did,

The UK Supreme Court has considered, in a case originating from Northern Ireland, the question of whether the interpretation of defence statements in jury trials is a matter for the trial judge or jury. Delivering judgment for the Supreme Court, Lord Nicholas Hamblen stated: “In evidence the a

The Circuit Court has awarded €14,400 to a man whose daughter made defamatory statements about him during a baptism ceremony which was livestreamed on Facebook. Delivering judgment for the Circuit Court, His Honour Judge Meehan held that the statements amounted “to an assertion that the p

The High Court has made an order of certiorari quashing a decision refusing the grant of a taxi licence to a man who had been prosecuted for sexual assault. Delivering judgment for the High Court, Ms Justice Siobhán Phelan stated: "The level of concern remaining where an acquittal has occurre

The High Court has answered a consultative case stated concerning the validity of a fixed charge notice in circumstances where certain particulars were omitted therefrom. Delivering judgment for the High Court, Ms Justice Miriam O’Regan highlighted that “by virtue of the FCN the defendan

Northern Ireland’s Court of Appeal last week determined that the refusal of the Secretary of State to hold a public inquiry into the 1997 murder of Sean Brown was unlawful. Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan remarked that “the United Kingdom ha