Case Reports

A man who had his sentence reviewed from a wholly suspended sentence, to a five-year term of imprisonment pursuant s. 27A (8) of the Firearms Act 1964 has had his constitutional challenge to the legislation dismissed on appeal. Delivering the judgment of the three-judge Court, Mr Justice Birmingham

A prisoner who argued that the cessation of his state pension payments from the date of his detention was unconstitutional has successfully appealed his case in the Supreme Court. Finding that the statutory provision which disqualified prisoners from receiving such a benefit was contrary to the sepa

The Board of Management of a secondary school in Athenry have been granted an order of certiorari, quashing the decision of an appeals committee which had directed the school to admit a pupil contrary to its enrolment policies. Ms Justice Úna Ní Raifeartaigh found that the committee had erred in c

A woman who admitted liability and agreed damages at £200,000 for knocking down a school employee while collecting a child on school grounds has failed to prove in the High Court that the South-Eastern Education and Library Board was negligent in its failure to make the road safe for pedestrians. B

The High Court has refused to grant the wife of a bankrupt an order to cross-examine the official assignee of her husband’s estate, in relation to a mareva injunction against her. Ms Justice Costello found that the woman had failed to establish exceptional circumstances, and stated that there was

A woman who was attacked by two dogs during an evening walk in 2012 has been awarded €234,557 in the High Court. Finding the woman to be a credible witness in giving evidence, Mr Justice Barr was satisfied that she had suffered moderate PTSD as a result of the attack, and accepted evidence from he

A private medical clinic which was denied accreditation of a one-day course on cosmetic surgery has successfully appealed against the decision of the High Court to refuse its application for judicial review. Allowing the appeal, Mr Justice Sean Ryan, President of the Court of Appeal, found that the

A builder who sought orders to dismiss negligence proceedings brought against him by a family who had to move out of their home due to health concerns, has had his application refused by the High Court. According to Mr Justice Eagar, the builder himself had contributed to delay in the proceedings; a

The State has been granted an order dismissing proceedings brought by a man against various public bodies on the grounds that they were an abuse of process. In addition to a number of orders, Mr Justice Robert Eagar granted the State an Isaac Wunder Order – restraining the man from bringing any fu

An order for deportation of an Algerian man who arrived in Ireland under a false identity in 1997 after being convicted of terrorism in Algeria, and who has subsequently been convicted of terrorism offences throughout Europe, must be reconsidered by the Minister for Justice and Equality. The ministe

A man who sought to claim job-seeker’s allowance based on his employment as a casual labourer for two weeks in the State has had his appeal adjourned pending the outcome of the Court’s reference to the Court of Justice of the European Union. Finding that there were a variety of interpretations o

A woman who was awarded €75,000 after her finger was severed by a hydraulic door, has had her award overturned by the Court of Appeal. Ms Justice Irvine found that there was no legal basis for finding that the pub was liable for the woman’s injuries.

An order requiring employment tribunal claimants to pay a fee in order to bring a claim has been declared unlawful under both domestic and EU law as it prevents access to justice, the UK Supreme Court has ruled. Parliament has conferred statutory rights on employees, including through legislation gi

An employee of the Health Service Executive has been granted an injunction directing the HSE to restore her to her contractual position as Area Director of Nursing. The Court of Appeal had previously granted the woman a declaration to the effect that her unilateral reassignment was a breach of contr

A man who was convicted of murder based on DNA evidence which was found on items he discarded after shooting a man in Dublin, has had his appeal dismissed in the Supreme Court.In the joint judgment of Mr Justice Clarke, Ms Justice Dunne, and Ms Justice O'Malley, it was held that the man’s right to