Case Reports

A young woman suffering from a borderline emotionally unstable personality disorder has been found to have legal capacity to make decisions about her own care and is to be released from involuntary detention in a heath facility in Scotland and returned to Ireland. The woman, identified as KW, has a

A woman who sought judicial review of a decision of the Refugee Applications Commissioner on the grounds the Commissioner did not have regard to her status as a victim of human trafficking has had her application refused. The woman, identified as C.C., is a native of Nigeria. She holds that she left

A woman convicted of the murder of two individuals has had her application to nullify the abandonment of her appeal in respect of one of the murders rejected. The applicant, Mrs Hazel Stewart, was convicted of the murder of her former husband Mr Trevor Buchanan, and the wife of her former partner,Le

The High Court in Northern Ireland has found that the outright ban on abortion breaches Article 8 of the European Convention on Human Rights, in that it denies women and girls who are victims of rape and incest, as well as those suffering from fatal foetal abnormalities access to legal abortions. Th

A former employee of Guinness is to be allowed to continue with his case against the company – in which he claims certain assurances made about his pension arrangements have not been honoured. Mr Owen Traynor worked for Guinness for 35 years before accepting voluntary redundancy in 2002.

A man has lost his appeal to the Supreme Court against an order for his surrender to the United Kingdom authorities under the European Arrest Warrant procedure. Jason Buckley’s surrender is sought for the purpose of prosecution for a single offence of conspiracy to cause explosions.

The High Court has refused to grant a declaration sought by an applicant who had challenged s.27C(4) of the Firearms Act 1964 as unconstitutional, due to its precluding his temporary release from prison in order to pursue a course of study. The applicant, Keith Doyle, was sentenced in June 2013 to f

The High Court has found that an environmental impact assessment is required into the environmental effects of extracting peat as a fuel source for a thermal power plant, before planning permission can be granted for the plant. The case concerns a previously permitted peat and biomass co-fired power

The High Court in Dublin has found that Dunnes Stores’ application for the judicial review of a retention permission granted by An Bord Pleanála amounted to an ‘abuse of process’, as the primary aim of the application was not to challenge the permission’s legality, but to secure an advantag

The Court of Appeal has found that the High Court incorrectly granted itself jurisdiction under the Guardianship of Infants Act 1964 when ordering a father to make additional payments to the mother of his children to cover her legal fees in an ongoing legal dispute over the maintenance of their chil

The Court of Appeal has found that the initial sentence given to a Donegal man in respect of the most serious incident of dangerous driving in Ireland’s history was “unduly lenient”. Shaun Kelly had pled guilty in December 2014 to the offence of dangerous driving causing death, following a fat

The High Court has ruled that the establishment of fourteen drink driving checkpoints was valid, following a challenge from an individual charged with drink driving. The court found that a Mandatory Alcohol Testing authorisation, which allowed for the establishment of checkpoints from Monday 24th Ma

The High Court has ordered the disclosure of a number of documents relating to an ongoing dispute between a Sinn Féin councillor, his wife and a county council. Mr John Brady is a Sinn Féin politician recently re-elected a Wicklow county councillor. During the course of his political career, Mr Br

The Director of Public Prosecutions has won an appeal to proceed with the trial of Valeriu Sirbu, despite the loss of CCTV footage showing Sirbu committing the alleged crime, and despite the fact that the prosecution case now lies entirely on the statements of those who saw the CCTV footage. The Cou

The High Court has found the transfer of a family farm from a late father to his now-deceased son was not committed under duress or undue influence. A rescission had been sought by Sean Lynn’s son Michael Lynn, who had claimed that the transfer of the family home had been a result of duress and/or