Case Reports

The High Court has determined that a woman who was handed an envelope containing a P45 without any explanation whilst on sick leave during her pregnancy was the subject of discrimination and did not have to make further enquiries as to whether this constituted a dismissal. Delivering judgment for th

The Supreme Court has determined that a participant in a joint enterprise which resulted in a serious assault and robbery failed to take steps to withdraw which were sufficiently proportionate to his role in planning the crime. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Mal

The High Court has determined that there is no inconsistency in loan terms which provide for the end of the agreement on a particular date and the accrual of interest thereafter. Delivering judgment for the High Court, Mr Justice Rory Mulcahy determined: “In circumstances where the terms of th

The High Court has made findings of actual undue influence and unconscionability and has ordered the repayment of misappropriated funds in a case where a deceased woman's son took advantage of her dementia for his own benefit. Delivering judgment for the High Court, Mr Justice Brian Cregan determine

The UK Supreme Court has unanimously dismissed an appeal by an airline against a decision that the cancellation of a flight caused by a pilot falling ill did not constitute “extraordinary circumstances” under which it was not required to pay compensation to air passengers. Kenneth and Li

The High Court has determined that St James's Hospital has no liability for a widow's psychiatric injury which arose from witnessing her late husband's declining health from terminal lung cancer, where his diagnosis was initially missed by the hospital's radiologist. Delivering judgment for the High

The High Court has upheld a decision of the minister for social protection concerning the suspension of disability allowance of a former prisoner, and has refused to strike down s.210(1) of the Social Welfare Consolidation Act 2005 as unconstitutional. Delivering judgment for the High Court, Ms Just

The High Court has refused the trial of a preliminary issue as to whether the exercise of the executive power concerning external security and external relations was justiciable by the courts. Delivering an ex tempore judgment for the High Court, Mr Justice Brian Cregan considered inter alia that th

The High Court has determined on a habeas corpus application that both the application form and admission order for the involuntary detention of the applicant were deficient and that the respondent could not "mend its hand" after the fact. Delivering an ex tempore judgment for the High Court, Mr Jus

Northern Ireland’s High Court has confirmed that it can issue letters of request for documentation to a foreign court by reference to the Evidence (Proceedings in Other Jurisdictions) Act 1975. Delivering judgment for the High Court, Mr Justice Adrian Colton determined that as the Judicature (

The High Court has determined that Revenue and the Tax Appeals Commission erred in determining that debt forgiveness granted to a company should be treated as a trade receipt pursuant to s.87(1) of the Taxes Consolidation Act 1997. Delivering judgment for the High Court, Mr Justice Oisín Quin

The High Court has determined that there is no entitlement arising from EU law permitting the child of a migrant worker who has exercised their right of free movement to apply for Irish child benefit in their own capacity. Delivering judgment for the High Court, Ms Justice Marguerite Bolger confirme

The High Court has determined that express authorisation from local authority elected members must be given to the authority's chief executive prior to taking any step to prepare for and/or to conduct litigation relating to the manner in which they have exercised or performed their reserved function

The High Court has determined that a plaintiff’s claim against Alstom Transport Ireland Ltd is not statute-barred despite her former solicitors having initially identified the company in a pre-litigation letter in 2018. Delivering judgment for the High Court, Mr Justice Anthony Barr confirmed

The Court of Appeal has dismissed an appeal by Joint Stock Company from a High Court order declaring void pledge agreements it made with Irish subsidiaries​Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan condemned the appeal at a preliminary hearing of objections raised by th