Case Reports

In a claim involving a student who suffered catastrophic brain injuries after being hit by a bus in 2004, Bus Éireann has had its application to dismiss the claim for want of prosecution refused in the High Court. Finding that delay on behalf of the plaintiff was both inordinate and inexcusable, Mr

A woman who reported her former tenants to Tusla and to the Early Intervention Team at the HSE has successfully defended a defamation action against her, which was brought by her former tenants after an investigation into alleged violent behaviour towards their children was concluded in their favour

A woman who had a swab left in situ after giving birth in Cavan General Hospital has been awarded €40,160 in the High Court. The woman alleged to have suffered physical and psychiatric injuries as a result of the hospital’s mistake, which caused her to be unwell at a time when her new-born son w

A doctor who was convicted of indecent assault of a patient when she was a teenager in 1989 has had his conviction quashed by the Supreme Court. Delivering the judgment of the five-judge Court, Ms Justice Iseult O’Malley said that it was not possible to discount the real possibility that the jury

A member of An Garda Síochána who has been suspended from operational duties while on 90 per cent pay due to an incident involving a foreign national in custody has lost an appeal against the continuation of disciplinary proceedings against him. Finding that the Garda authorities were not preclude

An application brought by the Government of Ireland to revise the Ireland v United Kingdom ruling delivered in 1978 has been dismissed by the European Court of Human Rights. The request, based on two grounds of revision, was dismissed by 6-1, with Irish judge Síofra O’Leary providing a dissentin

The Supreme Court has held that in circumstances where an applicant seeking asylum has not provided an address, placing a deportation notice on file does not constitute “service by registered post at the last known address” for the purposes of the Immigration Act 1999. Criticising the applicant�

The High Court has referred two questions for determination to the CJEU, based on the finding that there has been a systemic breach to the rule of law in Poland. Stating that the recent legislative changes in Poland had an impact on fair trial rights, and were in breach of Article 2 of the Treaty on

A man who lodged a cheque to Danske Bank, which was dishonoured after he obtained a draft of €63,000 from the account in which he had lodged it, has lost an appeal against an order permitting the planitiff to amend their statement of claim to include an affidavit supporting damages for unjust enri

A company which was refused planning permission for one of the tallest windfarms in the country, has been unsuccessful in its application for judicial review of the decision of An Bord Pleanála. In the High Court, Mr Justice Twomey refused to grant the applicants an order for certiorari of the Boar

A man who was convicted of burglary has had his conviction quashed by the Supreme Court, on the basis that he had been deprived of a fair trial. Allowing the appeal, Justice Iseult O’Malley said that the defence was entitled to notice of the DPP’s evidence, and that “course taken by the prosec

A woman whose husband died over 30 years ago and has not had an Article 2 ECHR compliant investigation into his death has successfully argued that the decision of former First Minister, Arlene Foster, not to permit a paper on legacy inquests to go before the Executive Committee was unlawful. Directi

The Supreme Court has reversed the High Court’s finding that the unborn is a child for the purposes of Article 42A of the Constitution. Delivering a lengthy judgment from the seven-judge Court, Chief Justice Frank Clarke held that there was nothing in statute or common law to support the High Cour

DPD have successfully appealed a Court of Appeal ruling to the extent that the Supreme Court has substituted the award of €57,000 in interest payable to a former franchisee for a figure of €26,000. Writing in his judgment, Mr Justice O'Donnell endorsed the Court of Appeal of England and Wales de

The arbitration clause in the agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law as it removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law. In 1991 the former Cze