Case Reports

A developer, who is the director or shareholder in a number of companies which brought proceedings against First Active Plc, has had his appeal against a costs order made against him dismissed by the Supreme Court. Finding that the High Court had jurisdiction to make the order pursuant to Order 15,

The High Court has found that a company which bought loans which were originally facilitated by Anglo Irish Bank in the early 2000s, appointed a receiver in February 2016 before it had taken the benefit of security interest in October 2016, by which it was entitled to so appoint. Awarding €20,0

A rural development partnership in Connemara, which was unsuccessful in its bid for a €1.2 million public contract, has had its appeal dismissed in the Court of Appeal. Finding that there was no legal basis to interfere with the High Court judge’s decision to refuse the application for ju

A woman who was hit by a car when she was crossing the street in Dublin in 2011 has been awarded €256,039 in the High Court. Describing the woman, who successfully presented her case as a lay litigant in Court, as a ‘woman of extraordinary intelligence and resilience’; Mr Justice Ba

Two applicants who sought to challenge the result of the abortion referendum have had their applications for leave to present a referendum petition refused in the High Court. Emphasising the size of the majority in favour of the result, Mr Justice Peter Kelly, President of the High Court was satisfi

The Director of Public Prosecutions has been granted an order lifting a stay on historical rape charges, which was imposed by the trial judge until the DPP conducted ‘a proper evaluation’ of evidence from the complainant identified by the judge as being inconsistent. In circumstances whe

An engineering firm and architect involved in the development of an apartment complex in Stepaside, Dublin, have been unsuccessful in their application to dismiss a personal injuries claim which was commenced in 2009. The woman, who bought an apartment in the development in 2005 alleges personal inj

A writer who alleged that his former solicitor was negligent when acting on his behalf in a dispute with Roddy Doyle and the Abbey Theatre, has had his appeal dismissed in the Court of Appeal. Considering the 37 grounds of appeal raised by the appellant, Ms Justice Máire Whelan found that non

An Bord Pleanála have been unsuccessful in appealing an order of certiorari granted by the High Court which quashed its decision to grant planning permission for a wind farm development in County Clare. Finding that the permission granted should be quashed “on much narrower grounds” than those

A man who broke into his neighbour’s home in Sneem, Co Kerry, and violently raped her has lost an appeal against the severity of his sentence. The man was sentenced to 13 years’ imprisonment, which he said was “out of kilter” with other cases involving “one off incidents of sexual offendin

The Supreme Court has, by a 3:2 majority, held that the adoption of two children by their aunt in their birth country may be recognisable in Ireland if “remedial measures” are taken by the Adoption Authority of Ireland and the Central Authority of the children’s birth country. Stating that any

A man who was convicted of rape and indecent assault of a girl in the 1970s has had his convictions quashed in the Court of Appeal following a referral by the Criminal Cases Review Commission. The man was convicted of both offences in 2006, and had his appeal dismissed in 2008. Submitting that there

The Minister for Defence has been successful in appealing an order for discovery of documents dating back to 1990, which it claimed was burdensome and would require 220 man hours to review. Varying the order of the High Court to limit the scope of discovery, Mr Justice Gerard Hogan said that the cas

The Supreme Court has held that plaintiffs in defamation proceedings, who have accepted an “offer of amends” pursuant to s.22 of the Defamation Act 2009, have the right to opt for a jury to assess the amount of damages in the event that the terms are not agreed upon. Considering appeals from “

fees. On 8 January 2009, it submitted a revised claim (iv) in which it asserted a right to claim overpaid VAT back to 1973 (i.e. before its incorporation in 1990) by relying on the 1990 Asset Transfer Agreement. After initially refusing all of Carlton’s claims, HMRC paid the sum claimed by Carlto