Case Reports

An investment fund which bought billions of euros worth of property loans in the State has been granted a summary judgment against former AIB bankers in “highly unusual circumstances” which involved the recusal of Mr Justice Max Barrett ex post facto due to his involvement with IBRC. Agreeing wi

Two objectors who unsuccessfully applied to the High Court for judicial review of the decision by An Bord Pleanála to grant planning permission for an Apple Data Centre in Athenry, have been refused leave to appeal. Rejecting all proposed points, Mr Justice McDermott held that the applicants sought

The decision by the PSNI to not take further steps to investigate the question of identifying and prosecuting those responsible for criminal acts during the interrogation of the Hooded Men, has been quashed in the High Court in Belfast. Delivering the judgment, Mr Justice McGuire found that the deci

A judge of the High Court in Dublin is seeking further information on the conditions in a Northern Ireland prison before deciding whether to extradite a Belfast man wanted there in connection with the murder of a mother-of-three. Raymond O’Neill is facing charges of murder and arson over the death

The Solicitors Disciplinary Tribunal (SDT) and the Law Society of Ireland successfully raised preliminary objections as to jurisdiction in respect of issues sought to be litigated by a solicitor as part of his appeal from a finding of misconduct by the SDT. Dismissing the solicitor’s appeal, Mr Ju

A man who was imprisoned for rape in 1995, and who went on to sexually assault the four daughters of a woman he entered into a relationship with after his release, has had his sentence of 12 years reduced to 9 on appeal. Mr Justice Hedigan found that the sentencing judge had erred in principle when

The Bank of Ireland has been granted judgment of €970,000 outstanding for a mortgage loan granted to a couple in 2006. In a heavily critical judgment, Mr Justice Noonan emphasised that there was no tort of reckless lending, and found that the couple had no bona fide defence.

A woman has been awarded over £20,000 in the Northern Ireland Fair Employment Tribunal after it was found that she was discriminated against and victimised on the grounds of her religious belief or political opinion. The woman had been working for the company for over four years when a dispute aros

A man alleged to have committed 51 offences of fraud in the United States has been unsuccessful in his challenge to an order for his extradition under s.15 of the Extradition Act 1965. The man contended that the State was prohibited from ordering his extradition in circumstances where his offences w

The Revenue Commissioners have won an appeal against a decision of the High Court in which it had been found that an annual charge paid by a taxpayer on his rental properties was a rate “levied by a local authority” and therefore deductible against rental income. Delivering the judgment of the C

A man who sought to challenge issues of his inheritance by way of judicial review has had his appeal to the Supreme Court dismissed. Patrick Reen argued that the public house which had been established by his great-grandfather in 1860 should have been inherited by him in turn, like his father and gr

A farmer who bought an action against the Minister for Agriculture, Fisheries and Food for breach of contract has been awarded €299,320 in the Supreme Court. The department had failed to return cattle which had been seized in March 2006, after an agreement with the farmer – and the original sum

The UK Supreme Court has allowed an appeal by the Director of Public Prosecutions against the finding of the High Court in Northern Ireland that the DPP’s decision not to remit dishonest witnesses for re-sentencing was contrary to the interests of justice. Overturning the High Court's finding that

A nurse summarily dismissed after using an inhaler she took from the medical cupboard on her ward has successfully appealed the finding that she was fairly dismissed. Delivering the majority judgment, Lord Justice Deeny held that her actions could not constitute “deliberate and wilful misconduct�

Irish businessman Denis O’Brien, who has been involved in a long-running legal battle with public relations firm Red Flag, has lost his appeal for the discovery of the firm’s client. Mr Justice Sean Ryan, president of the Court of Appeal, stated that Mr O’Brien would have had a remedy if Red F