Case Reports

A resident of Short Strand has succeeded in their appeal against the Chief Constable of Police Service of Northern Ireland (PSNI) after Justices in the UK Supreme Court unanimously ruled that the PSNI misconstrued their legal powers to stop parades passing through or adjacent to the Short Strand are

Thomas “Slab” Murphy has been unsuccessful in challenging his conviction for failing to make Income Tax returns, with the Court of Appeal dismissing all 53 of his grounds of appeal in its lengthy judgment. Delivering the judgment of the three-judge Court, Mr Justice Seán Ryan, President of the

A man who was adjudicated bankrupt in December 2015 has had his bankruptcy extended by five years due to his “complete failure to co-operate with the bankruptcy process”. Ms Justice Caroline Costello ruled that the man, who would have been automatically discharged from bankruptcy in December 201

A man who was given a lifelong ban from driving has had his disqualification reduced to one of forty years in the Court of Appeal. The man also challenged the severity of the two-year custodial sentence imposed upon him in the Dublin Circuit Criminal Court, arguing that the sentencing judge made an

A solicitor who was struck off the Roll of Solicitors amidst several allegations of misconduct, has had his application to be restored to the Roll refused in the High Court. Mr Justice Kelly, President of the High Court, stated that the man had been dishonest and had demonstrated a lack of candour,

A solicitor who was sentenced to a year’s imprisonment for stealing €250,000 from her client account has successfully appealed the severity of her sentence, with the Court of Appeal halving her custodial sentence to one of six months. Delivering the judgment of the three-judge Court, Mr Justice

in the decision making process”. As such, the Directive should not be construed in the most onerous manner possible, and that the Courts should be “astute to ensure the objectives of the Directive are met but not in an overly pedantic way”.

Justices in the Supreme Court have held that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union, dismissing the appeal of the Secretary of State for Exiting the European Union by a majority of 8 to 3. On the devolution

A man who complained to the Law Society about the conduct of a solicitor in a failed property transaction has been unsuccessful in his bid to appeal the decision of the Solicitors’ Disciplinary Tribunal. The tribunal found that there was no prima facie case against the solicitor, and the man faile

A man who was ordered to move out of the family home where he was residing with two of his children, in order for his wife to move in and take custody, has been successful in his appeal. In the Court of Appeal, the husband appealed against the decision of Ms Justice Bronagh O’Hanlon in the High Co

For the purposes of the freedom to provide services, Gibraltar and the UK are to be treated as one entity, according to an Opinion of an Advocate General in the Court of Justice of the European Union. The Gibraltar Betting and Gaming Association (“the GBGA”) is a trade association whose members

A gang member serving life for the murder of a man in Limerick in 2008 has lost the appeal against his sentence in the Supreme Court. The man contended that his confession was inadmissible on three distinct grounds, however the Court was satisfied that the appeal must fail on all issues considered,

A man remanded into custody as a result of breaking the conditions of his suspended sentence has lost a constitutional challenge to his sentence in the Court of Appeal. The man had argued that since subsections 99 (9) and (10) of the Criminal Justice Act 2006 had been declared unconstitutional in Mo

A disabled man who was unable to board a bus because a mother with a buggy refused to vacate the space has had his appeal unanimously allowed, albeit to a limited extent, by judges in the UK Supreme Court. The appeal concerns the lawfulness of a bus company’s policy in relation to the use of the s

A man who broke into a house and murdered a couple and their son before raping their daughter suffered no violation of his article 3 right – prohibition of inhuman or degrading treatment – judges in the European Court of Human Rights have ruled by 14 votes to 3. The case concerned a complaint by