Case Reports

The Communication from the Commission on aid to the banking sector is valid, the Court of Justice of the European Union (CJEU) has ruled. In particular, burden-sharing by shareholders and subordinated creditors as a prerequisite for the authorisation, by the Commission, of state aid to a bank with a

The Minister for Justice, Equality and Law Reform has succeeded in his appeal against a High Court decision (N.M. v. Minister for Justice, Equality and Law Reform IEHC 638), with the Court of Appeal declaring that the trial judge had erred in concluding that the remedy of judicial review was in its

When a worker puts an end to their employment relationship they are entitled to an allowance if they could not use up all or part of their right to paid annual leave, the Court of Justice of the European Union has ruled. Hans Maschek, a civil servant of the city of Vienna, retired, at his own reques

The father of three children aged 13, 10 and 9, who were born in the jurisdiction of England and Wales, has succeeded in his application to the High Court for their return pursuant to Article 12 of the Hague Convention on the Civil Aspects of Child Abduction 1980. In April 2016, the three children w

Malicious prosecution can exist in civil proceedings as between private individuals, the UK Supreme Court has ruled. Mr Gubay controlled a leisure company, Langstone, of which Mr Willers was a director. Mr Willers was later dismissed as director of Langstone and in 2010 Langstone sued Mr Willers for

Although the State’s appeal was ultimately dismissed due to the absence of any substantive effect flowing from the decision, the Supreme Court has unanimously agreed with the State that legislation should not amount to legitimate expectation that can be breached and therefore result in the pursuan

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkhead

The State has lost a case in the three-judge Supreme Court over whether committal warrants issued due to a woman's failure to pay road traffic fines were properly reissued. The primary question was whether District Judge Hamill and the Superintendent of An Garda Síochána of Lucan Garda Station had

An Advocate General of the Court of Justice of the European Union (CJEU) has stated in an Opinion that a general obligation to retain data imposed by a member state on providers of electronic communication services may be compatible with EU law but that it is imperative that that obligation be circu

A man who retained money given to him under a contract for an illegal purpose has had his appeal – that illegality prevents the operation of the unjust enrichment rules – dismissed by judges in the UK Supreme Court. Mr Patel gave Mr Mirza £620,000 to place bets on a bank’s share prices with t

A man found guilty of murder almost twenty years ago has failed in his application to the High Court alleging unlawful detention. The convicted murderer, who is serving a life sentence in Portlaoise prison, made an application in an informal letter to the High Court alleging that he is being unlawfu

The Supreme Court has unanimously dismissed a businessman's claim that the Moriarty Tribunal of Inquiry into Payments to Charles Haughey and Michael Lowry had incorrectly restricted the cross-examination of a key witness at its public hearings. The five-judge Supreme Court unanimously dismissed the

An Advocate General of the Court of Justice of the European Union (CJEU) has found that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination and that an entirely neutral dress code policy may also constitute in

The Court of Appeal has found that making an order directing the sale of jointly owned family homes, to enable the discharge of a judgment debt obtained by a credit union against one of the spouses, would be to direct the sale of the family home over the wishes of an innocent spouse not a party to a

The Supreme Court, in a four-three majority, has dismissed the State’s appeal over the release of three dissident republicans in 2014, having served just 12 years of their 28-year sentence for terrorist offences. Fintan O’Farrell, Declan Rafferty, and Michael McDonald, all from Louth, had travel