A woman has been awarded €189,000 in damages by the High Court after a road traffic accident involving two cars resulted in a broken ankle, leaving her permanently disabled. The court accepted that the woman went to the assistance of a driver whose car had crashed into a ditch, and that while doin
Case Reports
A man who was convicted of raping a pregnant woman as she slept alone in her bedroom has successfully appealed the severity of his sentence, having had his sentence of seven-and-a-half years’ imprisonment quashed, and varied by the Court of Appeal to six years’ imprisonment. Delivering the judgm
of the member states as the provisions of the agreement relating to non-direct foreign investment and to dispute settlement between investors and states do not fall within the exclusive competence of the European Union, the Court of Justice of the European Union has ruled. On 20 September 2013, the
Allied Irish Bank Plc has successfully appealed a finding of the High Court that it did not have a right-of-way to gain access to apartments through a common area held by a management company, which was based upon an erroneous understanding of a court-ordered deed. Mr Justice Sean Ryan, President of
An asbestos consultancy firm which was granted a contract with the Northern Ireland Housing Executive in 2013 has been ordered by the High Court to provide all timesheets in relation to the contract in an ongoing dispute over compensation for the agreed works. Mr Justice Deeny criticised the consult
An air carrier which is unable to prove that a passenger was informed of the cancellation of his flight more than two weeks before the scheduled time of departure is required to pay compensation to that passenger – this applies not only when the contract for carriage was concluded directly between
A company who successfully argued that there had been a breach of its registered trademark, has been awarded €35k in damages for the breach, having been refused an Account of Profits by the High Court in circumstances where their ‘reprehensible behaviour’ towards the defendant company ‘was s
The District Court has extended an Interim Care Order granted to TUSLA Child and Family Agency, in circumstances where the child was illegally removed from another Member State by his mother, and was now in kinship foster care with his maternal uncle. Finding that the father of the child had acquies
The new Judicial Appointments Bill will come before the Cabinet for approval next Tuesday. The bill is expected to provide for the creation of a new Judicial Appointments Commission with a lay majority and chair, despite criticism from parts of the legal profession.
A third-country national may, as the parent of a minor child who is an EU citizen, rely on a derived right of residence in the EU, the Court of Justice of the European Union has ruled. The fact that the other parent, an EU citizen, could assume sole responsibility for the primary day-to-day care of
A third-country national may, as the parent of a minor child who is an EU citizen, rely on a derived right of residence in the EU, the Court of Justice of the European Union has ruled. The fact that the other parent, an EU citizen, could assume sole responsibility for the primary day-to-day care of
A solicitor who successfully brought a case against TV3 for “unintentionally” defaming him in the course of a 9-second broadcast in 2013, has had his award of damages reduced from €140,000 to €36,000 by the Court of Appeal. Delivering the judgment of the three-judge Court, Mr Justice Gerard
Two Assistant Censors at the Irish Film Censor's Office have failed to secure injunctions preventing Justice Minister Frances Fitzgerald from dismissing them until High Court proceedings which have been brought have been determined. The applications were brought by Olga Bennett, a former Fianna Fái
A general and absolute prohibition of any advertising for the provision of oral and dental care services is incompatible with EU law but objectives relating to the protection of public health and of the dignity of the profession of dentistry may, nevertheless, justify supervision of the form and man
A woman who was denied leave to remain in the UK after overstaying her six-month visa for almost seven years has had her application for judicial review dismissed in the High Court. The woman argued that the Home Office decision maker had erred in not allowing her case to go to a Tribunal, and that