Case Reports

A five-judge Supreme Court has unanimously ruled that a claim for damages for alleged medical negligence brought by a woman against a Dublin hospital did not survive her death, as per section 7(2) of the Civil Liability Act 1961. Background

The Supreme Court has ruled that, by failing to give adequate reasons for his decision to summarily dismiss a Sergeant in 2013, the Commissioner of An Garda Síochána acted contrary to his implied duty under Regulation 39 of the Garda Síochána (Discipline) Regulations 2007 and in breach of the pr

of third parties. The body must be prepared within a very short time of death, ideally within minutes and at most within a few hours. Arrangements then have to be made for it to be transported by a registered funeral director to the premises in the United States where it is to be stored. “Evident

The Court of Appeal in Northern Ireland has ruled against a man who had a quantity of 63 tablets known as legal highs seized by the police in 2014 and sought their return under the Police (Northern Ireland) Act 1998. Delivering the judgment of the three-judge Court of Appeal, Lord Justice Weatherup

An Iraqi national facing deportation who appealed against a decision of the Court of Appeal to remit an appeal to the Upper Tribunal has had his appeal dismissed by judges in the UK Supreme Court on the basis the Upper Tribunal failed to take into account the Immigration Rules and his immigration st

A woman who was crashed into as she drove home from her job as a carer has been awarded €493,786 in the High Court. Mr Justice Kevin Cross was satisfied that the woman was a genuine witness, and a hard worker who would have been able to continue working full time had it not been for the injuries s

in the competition was that candidates should be under 35 years of age. In the view of M. Salaberria Sorondo, who was more than 35 years old when he participated in the competition, there were no reasonable grounds for the age limit imposed by the notice restricting access to the public service. Mr

A Tunisian man has had his article 8 appeal against a deportation order unanimously dismissed by judges in the Supreme Court because the material available to the Home Secretary could admit of no conclusion other than it was unlikely in the extreme that he would develop a relationship with his child

A man convicted of raping his mother has had his appeal dismissed by judges in the Supreme Court, who ruled that the trial judge’s directions to the jury in the rape trial had broadened the defence available to the accused rapist beyond what the law proscribed. Delivering the judgment of the seven

The cost of a call to an after-sales telephone number must not exceed the cost of a standard call, according to an Advocate General of the Court of Justice of the European Union. The German company comtech GmbH markets electrical and electronic equipment. On its website, it displays the telephone nu

The Court of Appeal has ruled that the Guerin Report into the handling of allegations of Garda misconduct contained conclusions that that were damaging to the former Minister for Justice and Equality, Mr Alan Shatter, and that the defective procedure adopted in publishing the report amounted to a br

The lending of an electronic book (e-book) may, under certain conditions, be treated in the same way as the lending of a traditional book. In such a situation, the public lending exception, which provides inter alia for the fair remuneration of authors, is applicable, the Court of Justice of the Eur

In the Court of Appeal, the purchaser of a commercial unit lost his appeal against a High Court order for specific performance of a contract for the purchase of a commercial unit. The purchaser had argued that he was entitled to repudiate his contract with the vendor company due to the presence of a

The Rubik’s Cube shape is not an EU trademark and its non-visible functional elements including its rotating ability should have been considered when it was registered, the Court of Justice of the European Union (CJEU) has ruled. At the request of Seven Towers, a UK company which manages, inter al

Sitting as a Coroner at the inquest into the death of a 22-year-old man in 1992, Mr Justice Horner said it was impossible with the passage to time to say with any certainty what happened. In his judgment, the Coroner criticised the PSNI for creating obstacles and difficulties that prevented progress