Case Reports

The High Court has found that the Irish Aviation Authority correctly asserted legal privilege in relation to 39 documents listed in a defamation case, with five exceptions, which were ordered to be disclosed to the plaintiff. Paul McMahon was seeking damages or defamation in respect of statements m

The High Court has granted an employment injunction, finding that An Post had not sufficiently notified a man of the reasons for his dismissal. The plaintiff, Mr Finbarr O’Leary, sought to restrain An Post from dismissing him, and unusually, sought to restrain An Post from taking any further step

The High Court has dismissed Mr Charles Verschoyle-Greene’s appeal against a decision of the Financial Services Ombudsman, in which the FSO dismissed his complaint about the way the Bank of Ireland sold him a property investment. The appellant had been a client of the bank for a number of years, a

The UK Supreme Court has unanimously granted a celebrity permission to appeal the discharge of an interim injunction regarding his sexual encounters and, by a majority, has allowed the appeal. This case considered whether the publication overseas of the identity of PJS and details of PJS’s sexual

The Supreme Court has upheld a decision to surrender a man who had been sentenced in the UK to life imprisonment in 1984 for the murder of his neighbour back to the UK, finding that while the UK system with regards to life sentences would be unconstitutional in Ireland, it did not justify Ireland re

The Supreme Court has given leave for a respondent in an appeal to rely on additional grounds, despite not including them in the respondent notice, finding that a degree of latitude should be given in light of the Court being in a transitional phase. The judgment related to one set of issues arising

The Court of Appeal has found that Hedigan J should have recused himself in a case concerning contempt of court, as previous statements made by the judge satisfied the objective bias test. The case concerned an article published by the appellants, Penfield Enterprises Limited in The Phoenix magazine

The Supreme Court has found that evidence obtained as a result of the interception of a postal package in Germany was admissible in a case against the eventual recipient of the package. The case concerned the lawfulness of the gardaí taking custody in Germany, and opening in Dublin, a parcel contai

The Northern Ireland High Court of Justice Family Division has determined that it may hear an appeal against a decision not to revoke a freeing order on its merits, finding that such an approach is in line with a European Convention on Human Rights compatible interpretation of the Adoption (Northern

The UK Supreme Court has unanimously dismissed an appeal by the Northern Ireland Commissioner for Complaints against a ruling which found he had no power to recommend a consolatory payment or to lay a special report before MLAs in the case of a GP following a finding of maladministration. Judges Lor

The High Court has quashed a decision of the Commissioner of An Garda Síochána which upheld an original decision to transfer a woman to another Garda Station, on the grounds that the decision was contrary to fair procedures and in breach of natural and constitutional justice for failure to give re

The UK Supreme Court has dismissed a company’s appeal against HM Revenue and Customs’ (HMRC) contention the company was not entitled to deduct VAT on accountant’s fees as input tax under the contract. The Supreme Court dismissed Airtours Holidays Transport Ltd’s appeal by a majority of 3 to

The Supreme Court has upheld the High Court’s decision to refuse to grant leave to Harry Rea to apply for judicial review, following Mr Rea’s attempt to seek an order from the High Court that the result of the second Lisbon Treaty Referendum, taken on 2 October 2009, should be declared null and

The Court of Appeal has dismissed an appeal against a High Court decision, in which Kearns J held that the Personal Injuries Assessment Board (PIAB) could not issue a second authorisation allowing a claim for damages to be brought, in respect of the same facts and injury. The case began with an inci

The Court of Appeal has dismissed an appeal brought by Mr Damien Murphy, in which he challenged a finding of the High Court that his case seeking damages against Canada Life Assurance Ireland Limited and Irish Life Assurance Plc should be struck out on the grounds that the plaintiff disclosed no re