Case Reports

Permanent TSB plc has successfully appealed a finding which held that the Circuit Court did not have jurisdiction to make possession orders in relation to 6 properties on which mortgage payments had been defaulted. Giving the unanimous judgment of the five-judge Supreme Court, Chief Justice Clarke h

A 22-year-old woman seeking damages from her grandparents for sexual assaults she suffered at the hands of her grandfather while in their care has been granted an application for discovery of his psychiatric records. The woman has also been granted discovery of conveyancing documents for three prope

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year, the Court of Justice of the European Union has ruled. A Colombian national, who was granted a long-term r

A man who sought to claim damages of up to €60,000 for personal injuries in a case that was described “at best an exaggerated claim and at worst an opportunistic attempt to manufacture a personal injury claim against an innocent motorist”, has had his appeal to the High Court dismissed. Agreei

A 66-year-old man who was employed as a machine operator for Gallaher Limited from October 1998 until its Ballymena factory closed this year claimed he was discriminated on the grounds of his age. Rejecting the argument put forward by Gallaher Ltd that the means adopted were proportionate and necess

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon and this does not, in principle, go beyond what is necessary to preserve the luxury image of the goods. Coty Germany sells luxury cosmetic goods in Germany.

A man who was convicted of two counts of sexual assault on a child under 13 contrary to Article 14 of the Sexual Offences (Northern Ireland) Order 2008 has successfully appealed his conviction. Giving the judgment of the three-judge Court, Stephens LJ stated that there was a failure on the part of t

A man described as someone who worked in manual labouring jobs all his life, and who broke his ankle on the front porch of a house he rented from Sligo County Council, has been awarded €105,650 in damages. Mr Justice Barr accepted the evidence of the man’s engineer that the tiles used on the fro

A solicitor who applied to the High Court for an injunction restraining ByrneWallace from dismissing him from his position as an associate solicitor, and for an order that ByrneWallace continue to pay his salary and other emoluments pending the trial of the action, has had his application rejected b

A woman who was awarded €121k for injuries sustained when another driver backed into the side of her car has had her award of damages reduced to €69k in the Court of Appeal. Delivering the judgment of the Court, Ms Justice Irvine found that the amount awarded was excessive to the point that it m

A man accused of breaching the terms of his contract with his former employer, by “assisting recruitment” and supplying confidential information to the company he moved to, has been ordered to make discovery of all documents “reasonably available to him by means of a data subject access reques

that bears only a passing resemblance to understandable English” was invariably against the defendant’s interests. Citing Tracey v Burton IESC 16, Justice Noonan also noted that “the days of reading things into the record, if they ever existed, have long since passed”.

In a dispute over a “set-off arrangement” to which Dunnes Stores was a party, the High Court has held that Dunnes has failed to establish a “strong case” in order to be granted injunctions pending the substantive proceedings. The lease

The High Court has suggested referring questions regarding repossession orders to the Court of Appeal, in a case which could potentially impact “many hundreds of other cases” and was therefore of considerable public importance. Proposing four questions which could be considered, Mr Justice Noona

A man who exercised his right to remain silent while being interrogated for murder in 2007 has successfully challenged the constitutionality of s. 9(1)(b) of the Offences Against the State (Amendment) Act 1998 – with which he was charged for failing to disclose information regarding the murder for