Case Reports

The Attorney General, with the support of the Department of Justice, successfully appealed an order of the High Court which declared the abortion legislation in NI to be incompatible with the UK’s obligations under the Human Rights Act 1998 in the circumstances where the foetus was diagnosed with

A seven-judge Supreme Court has unanimously found that that the Court of Appeal was incorrect to overturn a High Court jury’s finding of fact in a defamation case against the Sunday World. In 2008, after a 5-day trial, a jury had found that the defendant Newspaper had not proved that the defamed p

of the possibility of JM suffering either a respiratory or clinical deterioration. Should either or both of those events happen, the court is asked to make an order which would permit, but not compel, JM’s treating doctors, in the exercise of their clinical judgment, to withhold an increase in hi

The Director of Public Prosecutions has successfully appealed the suspended sentence given to a man who split open the head of a shop-worker during a robbery in Blanchardstown in 2015. The Court of Appeal found that there had been an error in principle in the leniency of the original sentence, and a

The ‘lenient’ decision of the Medical Council to sanction a consultant anaesthetist who was found to have fallen below expected professional standards in the care of a man who suffered catastrophic brain injury has been confirmed by the High Court. The GP who made the original complaint had not

A man who was granted asylum in 2008, but had his asylum status revoked upon being found guilty of false imprisonment and sexual assault; has had his application for leave to apply for judicial review decisions regarding his deportation order refused in the High Court of Justice in Northern Ireland.

Advocate General Sharpston has clarified the criteria for determining an "emanation of the state" for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law. The concept of

A man who married two women in Lebanon, before seeking asylum in Ireland, has been granted a declaration that the marriage to his first wife in 1975 was valid as of the date of its inception. The issue regarding the first marriage arose because the man’s second wife was granted asylum on the basis

A woman who has commenced personal injury proceedings against the Health Service Executive and a pharmaceutical company responsible for distributing a swine flu vaccine in Ireland has had the majority of her categories of discovery refused pursuant to the principles established in Framus v. CRH plc

of industrial tribunal proceedings in 2007 was not made out - there was no causative link between the “protected act” and the detriment claimed and the appeal against that finding was dismissed. Further, in determining the claim for discrimination because of his political opinion, the Tribunal

Legislation in Russia banning the promotion of homosexuality breaches freedom of expression and is discriminatory, the European Court of Human Rights has ruled. Three gay rights activists complained about legislation in Russia banning the promotion of homosexuality, also known as the “gay propagan

A woman who lost one eye when the glass panel of a door shattered, and a shard went into her eye, has been awarded €200,000 in the Court of Appeal. The issue before the Court was an assessment of the duty of care owed by an occupier of premises to a visitor where they personally take on the task o

A Rossport resident and co-owner of land which Shell was prohibited from entering pursuant to a District Court Order made in 2007, has successfully appealed the High Court finding that the company's acquisition of a 1/62nd share of the land rendered the Prohibition Order moot. Concluding that Shell

Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright because the operators of that platform play an essential role in making those works available, the Court of Justice of the European Union

A man given a suspended sentence after pleading guilty to one count of causing grievous bodily harm by driving a motor car without due care and attention has had his application for leave to appeal refused by the Court of Appeal, after it was found the injuries other than the paralysis amounted to �