Case Reports

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the UK Supreme Court has ruled. Ms Moreno is a UK resident. In May 2011, whilst on holiday in Greece, she was hit by a car. The car was registered in Greece and drive

The High Court held that NHS England erred in law by refusing to consider the funding of an anti-retroviral drug that would ultimately save the health service money by reducing the occurrence of HIV and AIDS by upwards of seventy-five per cent. The National Aids Trust (NAT), a charity specialising i

ry orders in relation to future proceedings. Justice Hogan therefore dismissed the appeal brought by UPC, subject the deletion of provisions concerning future proceedings.

The Court of Appeal has ruled that Mrs Mary O’Donnell, wife of retired solicitor Brian O’Donnell, is entitled to challenge an injunction that prevents trespassing on or interfering with the Official Assignee’s right to dispose of their property – a substantial house at Gorse Hill, Killiney,

The Supreme Court has ruled that the scope of the injunction placed on a racing company, Tipperary Raceway, could not be sustained either on the basis of claims of planning or nuisance brought by Tullamaine Castle Stud, a company running a nearby equine stud farm. Mr Justice Clarke ruled that the sc

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation. The respondent, Mr Hayward, suffered an inj

The High Court has held that Mr Barry White, a retired High Court judge, can return to practice as a barrister acting as an advocate in the Circuit Court – thereby breaching the tradition that retired barristers-turned-judges who return to practice as barrister-advocates, do not appear before a c

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter. Lor

The article 3 and 5 rights of a Kyrgyz national detained in Russia for more than a year and threatened with extradition were violated, the European Court of Human Rights has ruled. The applicant, Mr U.N., is a Kyrgyzstan national who was born in 1991 and lives in Vladivostok in Russia. The case conc

A solicitor who has appeared in the Solicitors Disciplinary List on more occasions than any other practitioner, and who continues to have a bad record, has lost his case against the Law Society of Ireland in which he sought to have his practising certificate issued to him without conditions. Mr Cond

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