Case Reports

An appeal brought against the Pensions Ombudsman by the Department of Public Expenditure and Reform, the Department of Education, and the Higher Education Authority with regards to the pension benefits granted to Michael Gleeson, who was granted permission to retire at 60 with full pension, has fail

A man who sought legal aid for counsel in an appeal against a driving conviction has failed to have a non-statutory legal aid scheme declared ultra vires because he had not proven any need for it. Mr Martin Ward attempted to have the Non-statutory District Court (Counsel) Scheme declared ultra vires

The Court of Appeal has upheld a judgment which found two property transfers from Mr Michael Quigley to his wife to be void, due to them being fraudulent attempts to protect the properties from being used to satisfy any judgment that might result from the plaintiff Dana Doherty’s allegations of se

Following his full judgment on 30 November, Horner J of the Northern Ireland High Court of Justice has found that it is not possible to read Northern Ireland’s abortion law in a way that is compatible with the European Convention on Human Rights. The Judge had invited further submissions on the is

A man has failed in his attempt to have section 3(2) of the Offences Against the State (Amendment) Act 1972 declared unconstitutional. The provision allows as evidence the belief of a Chief Superintendent of An Garda Síochána that a person accused of the criminal offence of membership of the Irish

The Supreme Court has upheld the High Court’s decision to allow an affidavit by the Senior Relationship Manager with the Global Restructuring Group of Ulster Bank as sufficient evidence of a loan which had been defaulted on by Messrs Rory O’Brien, Danny O’Brien and Michael McDermott, as to jus

The Court of Appeal has allowed an appeal by the Board of Management of St. Anne’s School, which challenged the awarding of €255,276 in damages to Ms Una Ruffley on foot of her claim for bullying and harassment during her employment as a special needs assistant at St. Anne’s School. The case c

The High Court has granted a non-suit in a case where infringement of copyright was alleged in sound recordings played in the Savoy Nightclub and Theatre in Cork City. The court found in favour of the second defendant, Mr Jonathan Bourke, in the case brought by Phonographic Performance (Ireland) Ltd

An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”. A judge in the Court of Session in Edinburgh ruled that the Secretary of State fo

The High Court has found that the detention of a father for contempt of court, arising due to non-payment of child maintenance, is unlawful. The father, identified as Mr B, was placed in detention on the 3rd of December by the Circuit Court, for a period of three months or until he paid the sum of �

in complex and lengthy mediation, meant that an Order was in this case inappropriate.

Louis Maguire has lost his appeal against his conviction for murder and arson with intent to endanger life, after arguing that he had not received a fair trial, due in part to being unrepresented for a large part of the trial. Mr Maguire was found guilty in 2006 of the murder of Mr David Barnes, and

The Court of Appeal has allowed a case concerning contaminated horse feed to proceed to trial despite the inordinate and inexcusable delay of the plaintiff, finding that the balance of justice did not favour the dismissal of the proceedings. The plaintiff company, William Connolly and Sons Ltd Tradi

of the Respondent at this time”. When the judicial review proceedings arrived, it emerged that the District Judge had made a number of additional orders when granting the license, including placing a ‘warning note’ on the file, warning other judges about Mr Kilty’s role in the proceedings,

The High Court has lifted an automatic suspension which had prevented the National Treasury Management Agency and Minister for Education and Skills from concluding a contract for the construction of a new DIT campus at Grangegorman. The automatic suspension had resulted from judicial review proceedi