Case Reports

The Court of Appeal have dismissed an appeal brought by a road haulage company against the severity of a €1 million fine imposed on it following its plea of guilty on 18th December 2012 to an offence contrary to ss. 12 and 77(9) of the Safety Health and Welfare at Work Act 2005. The particulars of

An asylum appeal is to be re-heard after the High Court found that the introduction to the Refugee Asylum Tribunal’s decision had incorrectly stated that the Refugees Application Commission had found no or minimal basis for the application. The applicant had been born in Nigeria, and his claim of

A man has had his sentence for rape reduced by the Court of Appeal after the Court found that the Crown Court incorrectly found that he represented a significant risk of serious harm from similar offending. Mr Lukasz Artur Kubik had been found guilty of raping a woman who approached him and a group

The Governor of Mountjoy Prison has won an appeal against an order releasing a prisoner, following an inaccurate certificate being issued for his detention. The Court of Appeal ordered the issue to be remitted to theHigh Court, allowing the Governor to apply to have the certificate amended. Mr Patri

A man has lost his appeal against the High Court’s dismissal of his negligence claim against the Minister for Defence, after the Supreme Court reaffirmed the High Court’s position that there had been inordinate and inexcusable delay. The appellant Peter McGarry’s claim had been that he had suf

The High Court has declined to make an order finding that an airline should be awarded costs for a discovery-related application that had been rendered moot by circumstance, and which would potentially result in the State being liable to it for a substantial sum. The application was brought by Ryana

The High Court has found that the Minister for Social Protection erred in law and breached fair procedures, natural and constitutional justice, by failing to properly consider all of the evidence furnished by the applicant that her child was a “qualified child” under the Social Welfare Consolida

The UK Supreme Court has ruled a company’s VAT repayments, made after it overpaid VAT, are liable to corporation tax. The appellant, Shop Direct Group (SDG), is a company in the Littlewoods corporate group (the Group).

. The claim of battery was dismissed, with the Judge citing McMahon & Binchy ‘Law of Torts’ under the heading ‘Consent to Medical Procedures’ and Walsh v. Family Planning Services 1 I.R. 496, which found that failure to advise was not an assault, but a possible breach of duty of care.

The Supreme Court has upheld a decision of the High Court, in which it found that a trial could proceed on proof of due notice to the person accused of the offence, but that if a judge was considering a substantial prison term as punishment on conviction that a bench warrant should be issued to comp

A woman has been awarded €40,615 in damages after a portion of the ceiling in her rented accommodation in Clonmel, Co. Tipperary, fell on her head and back. The defendant, Eamon Clohessy, was the landlord of plaintiff Ms Concepta Collery and accepted that there was a duty to keep the premises in g

A man has failed in his attempt to have his dismissal from the Permanent Defence Forces (PFD) quashed. Mr Christopher Maher had been dismissed following a controlled random drug test, which he failed after the two samples he gave tested positive for cocaine.

The Supreme Court has ordered for the votes in the May 2014 local election in Listowel, Kerry to be counted afresh, following a challenge to the result by an unsuccessful candidate. Dan Kiely had challenged the legality of how the returning officer in charge of the running of the election had conduc

The Northern Ireland High Court of Justice has refused an application by the representative of a man shot by soldiers in 1987 relating to a delay in the Chief Constable of the Police Service of Northern Ireland (PSNI)’s disclosure of documents in a separate civil case. The personal representative

The Member of Parliament for Fermanagh and South Tyrone has been awarded £48,750.00 after a Sinn Féin politician posted a defamatory statement about him on Twitter in May 2014. Philip Flanagan, a Sinn Féin MLA, published a tweet about Thomas Elliot MP, a member of the Ulster Unionist Party.