Case Reports

The Sunday Newspapers have lost an appeal to the Supreme Court, in which they argued that the case being brought against them by individuals involved in co-ordinating the Witness Protection Programme should be heard fully in public so as to give effect to the Constitution. Rejecting the newspaper’

A group of Irish Water protestors who had their charges for public order offences dismissed in the Dublin Metropolitan District Court have had their case reverted to the District judge after it was found in the High Court that the protestors should have been charged with offences under s. 8 of the C

A Commandant who was fined and had his salary reduced for prodding a superior officer in the chest with his finger, and for using insulting language against the same, has lost an appeal against his conviction. Delivering the judgment of the three-judge Court of Appeal, Mr Justice Edwards rejected al

The directors of a family business in Limerick were given three year suspended sentences when they were found to have deliberately made false tax returns, resulting in an estimated €0.25m loss to the Revenue. The Director of Public Prosecutions appealed contending that the fully suspended sentence

A man who was acquitted of blackmailing a local vet will not be retried for offences committed alongside former Senator Francis O’Brien. The Director of Public Prosecutions sought an order directing a retrial of the man on the basis that the trial judge erred in law in excluding compelling evidenc

A company which was found to have constructively dismissed a woman who had been employed as a manager for over 8 years, has had its appeal dismissed by the Court of Appeal in Belfast. Delivering the judgment of the three-judge Court, Lord Justice Reginald Weir stated that he was in agreement with th

The National Parks and Wildlife Service has successfully appealed a claim in negligence in which a woman was awarded €40,000 for tripping on a boardwalk provided by the service in Wicklow. In the judgment published yesterday, Mr Justice Michael White found that the service had not been negligent,

The decision of the Department for the Economy to publish the names of “natural persons” in receipt of Renewal Heat Incentive Scheme funding has been quashed by an order of certiorari, after the High Court found that the decision was in breach of the Data Protection Act 1998. The Department is,

A telephone subscriber’s consent to the publication of his data also covers its use in another member state, the Court of Justice of the European Union has ruled. The highly harmonised regulatory framework makes it possible to ensure throughout the EU the same respect for requirements relating to

A defaulting shareholder of the Blackrock Clinic has been ordered to pay another shareholding company almost €9 million in respect of the defaulted loans which the company purchased after the collapse of Anglo Irish Bank. In the leading judgment of the three-judge Court of Appeal, Ms Justice Finla

An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination, the Court of Justice of the European Union has ruled. However, in the absence of such a rule, the willingness of an employer to take acc

A solicitor who was found guilty of misconduct on numerous grounds by the Solicitors Disciplinary Tribunal of the Law Society of Ireland has been struck off the Roll of Solicitors. The man implored the Court to uphold the recommendation of the tribunal directing that he be allowed to continue to pra

A Turkish judge who was dismissed in the wake of last year’s attempted coup d’état has had her application to the European Court of Human Rights unanimously declared inadmissible on the basis domestic law provides a remedy. The case concerns the dismissal of Kadriye Çatal by the Supreme Counci

The High Court in Belfast granted Irish language organisation, Conradh Na Gaeilge, a declaration that the Executive Committee failed, in breach of its statutory duty the Northern Ireland Act 1998, to adopt a strategy setting out how it proposes to enhance and protect the development of the Irish lan

Member states may reserve to notaries the power to authenticate signatures appended to the documents necessary for the creation or transfer of rights to real property, the Court of Justice of the European Union has ruled. This requirement contributes to guaranteeing the legal certainty of real prope