Case Reports

EU law does not preclude an increase in the share capital of a bank without the agreement of the general meeting of the shareholders in a situation where there is a serious disturbance of the economy and the financial system of a member state, the Court of Justice of the European Union (CJEU) has ru

A three-judge Court of Appeal has awarded a convicted rapist €17,225 after he sued the State for assault, negligence and breach of constitutional rights arising from an assault while he was a prisoner in Castlerea Prison. Overturning the finding of a High Court jury that had initially awarded the

The Court of Appeal has rejected two complaints from the Director of Public Prosecutions regarding a finding by the Central Criminal Court that an accused rapist was unfit to be tried. Rejecting the argument that the man should have been committed to the Central Mental Hospital; Justice Edwards stat

The High Court has refused a man’s application to access sworn information related to a search warrant on his premise. The sworn information sought by the man contained such facts as would permit the identification of confidential informants, and after weighing the public interest in producing evi

The High Court has dismissed an application brought by the Irish Health Service Executive for an order to force a pregnant woman to have a caesarean section against her will, in order to vindicate the right to life of her unborn child. Mr Justice Michael Twomey found that the right to life of the un

The Court of Appeal has dismissed a case against a solicitors' firm, brought by a man who was dissatisfied with the personal injury award he received over 15 years ago. The man alleged that his solicitors were professionally negligent and had failed to properly put his case to the Court, however Jus

In the High Court in Belfast, Justice Maguire dismissed two judicial review challenges in Northern Ireland to the way the Government intends to invoke Article 50 of the Treaty on European Union to trigger withdrawal from the EU. In August 2016, two applications for judicial review of the Government&

The extension of the period of validity of existing state aid must be regarded as the alteration of that aid and, therefore, as new aid, the Court of Justice of the Europen Union has held. In 1960, DEI, a public electricity company, entered into a contract with Alouminion, a Greek company specialise

In a unanimous decision, the Supreme Court has held that Northern Ireland fishing vessels cannot legally fish or harvest mussel seed in the territorial waters of the State. Despite the acquiescence of State authorities for a number of decades, and the reciprocity afforded to Irish vessels in NI wate

A drunk driver has successfully appealed against the severity of the sentence imposed upon him for causing the death of a four-year-old boy and causing serious injuries to the boy’s mother in 2014. The Court of Appeal found that the sentencing judge was not objective in his decision, and had faile

The Northern Ireland Court of Appeal (NICA) refused to re-open the appeals of six individuals previously sentenced in joint enterprise murder convictions, advising that the Criminal Cases Review Commission (CCRC) was the more appropriate route to follow where the NICA had already dismissed the appea

Intel’s appeal against the imposition of a €1.06 billion fine for abuse of its dominant position should be upheld and the case should be referred back to the General Court for a fresh review in the Opinion of an Advocate General of the Court of Justice of the European Union. By decision of 13 Ma

The Court of Appeal has granted an application for defamation proceedings to be held in camera, as sought by the Commissioner of An Garda Síochána. The civil proceedings were brought by two private individuals against the Sunday World Newspapers Ltd, but were in connection with a previous case con

The Court of Appeal has found that, by refusing to make a cake supporting same sex marriage, Ashers Baking Company directly discriminated against a man on the grounds of sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006 and on the grounds of religious and pol

The Court of Justice of the European Union (CJEU) has ruled that a 15-day time limit imposed on failed refugee applicants to apply to the Minister for Justice and Equality for subsidiary protection, compromises the ability of applicants to avail themselves of the rights conferred on them by EU law,