Case Reports

The Court of Appeal has found that the Circuit Court does not have jurisdiction in possession proceedings not otherwise falling within the exceptions created by the Land and Conveyancing Law Reform Acts of 2009 and 2013, and must therefore be commenced in the High Court rather than the Circuit Court

Justice Baker in the High Court exercised inherent jurisdiction to strike out the claim seeking damages for personal injuries arising from the damp condition of a house that was purchased under a warranty provided by limited company, HomeBond. Personal injury proceedings

A man claimed to have been in possession of a 3-acre field beside Clondalkin Railway Station from 1977 to 2007, however the Supreme Court held that use of the land was both sporadic and lacking in exclusivity, and that repairs carried out by the State corporation amounted to assertion of the origina

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the UK Supreme Court has ruled. Ms Moreno is a UK resident. In May 2011, whilst on holiday in Greece, she was hit by a car. The car was registered in Greece and drive

The High Court held that NHS England erred in law by refusing to consider the funding of an anti-retroviral drug that would ultimately save the health service money by reducing the occurrence of HIV and AIDS by upwards of seventy-five per cent. The National Aids Trust (NAT), a charity specialising i

ry orders in relation to future proceedings. Justice Hogan therefore dismissed the appeal brought by UPC, subject the deletion of provisions concerning future proceedings.

The Court of Appeal has ruled that Mrs Mary O’Donnell, wife of retired solicitor Brian O’Donnell, is entitled to challenge an injunction that prevents trespassing on or interfering with the Official Assignee’s right to dispose of their property – a substantial house at Gorse Hill, Killiney,

The Supreme Court has ruled that the scope of the injunction placed on a racing company, Tipperary Raceway, could not be sustained either on the basis of claims of planning or nuisance brought by Tullamaine Castle Stud, a company running a nearby equine stud farm. Mr Justice Clarke ruled that the sc

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation. The respondent, Mr Hayward, suffered an inj

The High Court has held that Mr Barry White, a retired High Court judge, can return to practice as a barrister acting as an advocate in the Circuit Court – thereby breaching the tradition that retired barristers-turned-judges who return to practice as barrister-advocates, do not appear before a c

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter. Lor

The article 3 and 5 rights of a Kyrgyz national detained in Russia for more than a year and threatened with extradition were violated, the European Court of Human Rights has ruled. The applicant, Mr U.N., is a Kyrgyzstan national who was born in 1991 and lives in Vladivostok in Russia. The case conc

A solicitor who has appeared in the Solicitors Disciplinary List on more occasions than any other practitioner, and who continues to have a bad record, has lost his case against the Law Society of Ireland in which he sought to have his practising certificate issued to him without conditions. Mr Cond

The Communication from the Commission on aid to the banking sector is valid, the Court of Justice of the European Union (CJEU) has ruled. In particular, burden-sharing by shareholders and subordinated creditors as a prerequisite for the authorisation, by the Commission, of state aid to a bank with a

The Minister for Justice, Equality and Law Reform has succeeded in his appeal against a High Court decision (N.M. v. Minister for Justice, Equality and Law Reform IEHC 638), with the Court of Appeal declaring that the trial judge had erred in concluding that the remedy of judicial review was in its