Case Reports

in the decision making process”. As such, the Directive should not be construed in the most onerous manner possible, and that the Courts should be “astute to ensure the objectives of the Directive are met but not in an overly pedantic way”.

Justices in the Supreme Court have held that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union, dismissing the appeal of the Secretary of State for Exiting the European Union by a majority of 8 to 3. On the devolution

A man who complained to the Law Society about the conduct of a solicitor in a failed property transaction has been unsuccessful in his bid to appeal the decision of the Solicitors’ Disciplinary Tribunal. The tribunal found that there was no prima facie case against the solicitor, and the man faile

A man who was ordered to move out of the family home where he was residing with two of his children, in order for his wife to move in and take custody, has been successful in his appeal. In the Court of Appeal, the husband appealed against the decision of Ms Justice Bronagh O’Hanlon in the High Co

For the purposes of the freedom to provide services, Gibraltar and the UK are to be treated as one entity, according to an Opinion of an Advocate General in the Court of Justice of the European Union. The Gibraltar Betting and Gaming Association (“the GBGA”) is a trade association whose members

A gang member serving life for the murder of a man in Limerick in 2008 has lost the appeal against his sentence in the Supreme Court. The man contended that his confession was inadmissible on three distinct grounds, however the Court was satisfied that the appeal must fail on all issues considered,

A man remanded into custody as a result of breaking the conditions of his suspended sentence has lost a constitutional challenge to his sentence in the Court of Appeal. The man had argued that since subsections 99 (9) and (10) of the Criminal Justice Act 2006 had been declared unconstitutional in Mo

A disabled man who was unable to board a bus because a mother with a buggy refused to vacate the space has had his appeal unanimously allowed, albeit to a limited extent, by judges in the UK Supreme Court. The appeal concerns the lawfulness of a bus company’s policy in relation to the use of the s

A man who broke into a house and murdered a couple and their son before raping their daughter suffered no violation of his article 3 right – prohibition of inhuman or degrading treatment – judges in the European Court of Human Rights have ruled by 14 votes to 3. The case concerned a complaint by

Facebook has succeeded in its appeal against an award of £20,000 in compensation, which the High Court held it was liable to pay to a convicted sex offender for misuse of private information. In finding that Facebook could only be held liable for a limited 10-day period in which information about t

in the cartel during that period, the Commission considered that most of the proposed reductions were no longer appropriate for the period 1993-2004. The change in position of the Roullier group explains why it cannot rely on the principle of the protection of legitimate expectations regarding main

The drunk driver who killed Enda Dolan, the 18-year-old first-year architecture student at Queen's University, has had his sentence increased by two years after the Director of Public Prosecutions (DPP) challenged the overly generous mitigation in the man’s sentencing. In a reference by the DPP un

An official liquidator of a company must provide the Revenue, as a significant creditor of the company in liquidation, with the detailed breakdown of work done in order for there to be a determination on the reasonableness of those fees, the High Court has ruled. The Revenue had contended that the f

A 58-year-old man was successful in his negligence claim against the Health Service Executive, in which he was awarded over €700,000 for significant disability caused by an accidental tear in his ureter while removing a kidney stone in 1998. In the High Court, Mr Justice Cross accepted evidence fr

AIB has had its application for summary judgment against a farmer and his wife refused by the High Court. Delivering the judgment, Mr Justice Max Barrett stated EU rules on unfair contracts imposed a duty on the Court to assess whether a contractual term falling within the scope of directive was unf