Case Reports

A former soldier who has been indicted on two counts for his involvement in the killing of an unarmed man who was running away from soldiers in 1974 has had his application to stay his prosecution refused in Belfast Crown Court. Satisfied that a fair trial would be possible, Mr Justice Colton reject

The discovery of two categories of document sought by Celltrion in patent infringement proceedings initiated by Biogen have been ordered in the High Court. Granting one of the categories on Celltrion’s terms, and another on terms offered by Biogen; Mr Justice Max Barrett explained that the princip

A plenary summons served on the King’s Inns by a solicitor claiming for breach of contract, has been set aside in the High Court, due to the fact that it was served outside of the 12-month period prescribed by Order 8, Rule 1 of the Rules of the Superior Courts. Also discharging an unqualified app

Clones Credit Union have been granted summary judgment for the principle sum owed by members who borrowed in excess of €212,000 in 2008. Finding that the defendants had failed to satisfy the low hurdle needed to send the matter to plenary hearing (as per Aer Rianta and Harrisrange), Mr Justice Max

Facebook Ireland Ltd has been unsuccessful in applying for a stay to enable it to appeal an order for reference to the Court of Justice of the European Union made by the High Court. Refusing to grant the stay sought, and ordering that the reference be delivered immediately to the Court of Justice, M

A loan management company and its bankruptcy receivers have lost an appeal against a declaration granted to a farmer that he is entitled to be registered as full beneficial owner of lands by virtue of his adverse possession. ACC Loan Management Ltd and bankruptcy receivers Declan Taite and John Coul

A man employed by Ulster University until 2003 has been unsuccessful in bringing claims in contract and in tort against the university. The man argued that the university had a continuing obligation to “review, regrade, and refund” him in regards to regrading his post. The university had assured

A former employee of An Post who was bullied and harassed by her co-workers after an incident in which another colleague was disciplined for aggressive behaviour towards her has been awarded over €161,000 in damages. In a judgment published yesterday, Mr Justice McDermott accepted that negligence

The High Court has directed that legislative changes must be made in order to address a “lacuna” in the Medical Practitioners Act 2007, which meant that the Medical Council of Ireland was unable to intervene in the Health Service Executive regularly appointing consultants who were not registered

A man who was involuntarily detained in a psychiatric unit for 16 months, despite his consultant psychiatrist expressing the view that he had recovered sufficiently to be discharged after 6 months, has been granted a declaration that the section of the Mental Health Act 2001 used to authorise his co

Property developers who borrowed €3,896,000 from Anglo Irish Bank in 2005, have been unsuccessful in challenging the summary judgment sought by Promontoria, which acquired the loan from National Asset Management Ltd in 2017. The primary defence submitted on behalf of one of the defendants was that

A couple who fraudulently claimed over £140,000 in benefits since 1990 have lost their appeal to the UK Supreme Court, which delivered its judgment sitting in Belfast. It was submitted on behalf of the appellants that confiscation orders made pursuant to the Proceeds of Crime Act 2002 did not apply

A Garda informant who was arrested in France in 2000 on drug trafficking charges has been successful in his application to use sensitive documents in challenging his surrender to France on foot of a European Arrest Warrant. Discovery of the documents had been granted in a case brought by the informa

The High Court has declined to make a final determination on the surrender of a man to Poland on foot of a European Arrest Warrant. Stating that the outcome of questions referred to the Court of Justice of the European Union (CJEU) by the High Court in March 2018 could have an impact on the present

A former CEO of Irish Nationwide Building Society who was refused an order of certiorari of a notice of inquiry into suspected contraventions under the Central Bank Act 1942, has had his appeal dismissed on all grounds by the Court of Appeal. In two judgments from the Court, Ms Justice Finlay Geoghe