Case Reports

The UK's Secretary of State was not obligated, under the circumstances, to investigate the consequences of serving a foreign judgment on an Egyptian national. Mamdouh Ismail was the chairman of the board of a company whose ferry sank in the Red Sea in February 2006, resulting in more than 1,000 deat

The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology, the Court of Justice of the European Union (CJEU) has ruled. Since the royalty constitutes the price to be paid in order to protect the licensee against any infringement proceedings

The High Court has granted summary judgment in favour of the Collector General for the Revenue Commissioner, who sought a number of reliefs due to the failure of a couple to pay VAT of over €800,000.00. The Commissioner Michael Gladney sought (1) €822,765.41 due by the defendants George Raymond

The UK Supreme Court has ruled that the sole director of a company which failed to provide adequate insurance for its employees was not personally liable in damages to the appellant who suffered an injury while working. The appellant, Mr Campbell, was employed as an apprentice joiner by a company wh

The High Court has found that a local council breached the constitutional and European Convention rights of a family when it attempted to evict them for building an extension in their attic. John and Gayle Brady are joint tenants of a Wicklow Council house in Bray, where they live with their five ch

The General Court of the European Union has ruled that the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage. The Court today upheld the European

The Court of Appeal has dismissed an appeal brought by a man in respect of his conviction for sexual assault and other conduct to the prejudice good order and discipline under the Defence Act 1954. Ronan Donaghy had been in the Defence Forces for 21 years, and along with Ms C, was stationed at Aiken

in a procedure of this kind operates to create an estoppel against the party who elected to avail of that procedure” (Corrigan v. Irish Land Commission I.R. 317 and The State (Byrne) v. Frawley I.R. 326.) The appellant also argued that he should have been given a copy of the report compiled for

The Court of Appeal has found that a case brought by a man in respect of his wife under section 48 of the Civil Liability Act 1961 is statute barred. The case brought by Mr Joseph Hewitt concerned the death of Ms Dolores Hewitt. She had been receiving treatment for breast cancer since 2001 in Our La

The Supreme Court has ruled that two men accused of robbery and kidnapping can be put on trial for the third time, following two prior lengthy trials which had been discharged after juries were unable to agree as to the guilt or innocence of the accused. Niall Byrne and David Byrne had been listed f

A challenge to a 2008 decision endorsing a prohibition on settlement of the British Indian Ocean Territories has been dismissed by the UK Supreme Court. The Supreme Court dismissed the appeal by a majority of 3 to 2. Lord Mance gave the majority judgment, with which Lord Neuberger agreed. Lord Clark

The Supreme Court has dismissed an appeal against an order of the High Court which refused an applicant leave to judicially review legislation relating to the requirement that drivers wear safety belts, and the related punishments for breaches of those laws. The appeal concerned a number of convicti

The Northern Ireland High Court of Justice has found that the appropriate method for making a statement in court when the parties have agreed their dispute prior to the issuing of proceedings is for a summons to be issued. The procedural question was whether the parties had to issue proceedings, con

The Court of Appeal has overruled an award of damages made by the High Court, in respect of personal injuries suffered by a woman during a taxi ride in 2007, finding that the award in relation to pain and suffering was disproportionate. The defendants had appealed against the judgment and order of t

The article 10 right to freedom of expression of three journalists who intercepted radio communications between the carabinieri, one of Italy's armed forces, in order to arrive quickly at crime scenes and report on them were not violated, the European Court of Human Rights has unanimously ruled. Str