Case Reports

The European Court of Human Rights (ECtHR) has ruled the article 6 right to a fair trial of a German man was not violated after he complained that evidence found coincidentally during an unlawful house search had been admitted in criminal proceedings against him. The applicant, Hans-Otto Prade, is a

The case between Ewaen Fred Ogieriakhi and the Minister for Justice and Equality, Ireland, the Attorney General and An Post had spanned ten years, and been before a number of High Court judges, the Supreme Court, the European Court of Justice and finally the Court of Appeal. In essence, it concerned

The President of the High Court Mr Justice Kelly has made an order of costs in respect of a number of backdated practising certificates, in which he criticized the Law Society for claiming an entitlement to seek €350 in costs from each solicitor who applies to have their practising certificate bac

, the Court found that the criteria did not amount to a policy, as it emerged from a consideration of the current political landscape. Thus, the Court concluded that the criteria adopted are sufficiently reasonable and impartial and that they are proportionate to the needs of the political debate an

A man convicted of murder and the possession of a firearm with intent to endanger life has been granted a Certificate pursuant to s. 29 of the Courts of Justice Act 1924, to the effect that the decision of the Court of Criminal Appeal raised an issue of exceptional public concern, and that it was in

The Court of Appeal have dismissed an appeal brought by a road haulage company against the severity of a €1 million fine imposed on it following its plea of guilty on 18th December 2012 to an offence contrary to ss. 12 and 77(9) of the Safety Health and Welfare at Work Act 2005. The particulars of

An asylum appeal is to be re-heard after the High Court found that the introduction to the Refugee Asylum Tribunal’s decision had incorrectly stated that the Refugees Application Commission had found no or minimal basis for the application. The applicant had been born in Nigeria, and his claim of

A man has had his sentence for rape reduced by the Court of Appeal after the Court found that the Crown Court incorrectly found that he represented a significant risk of serious harm from similar offending. Mr Lukasz Artur Kubik had been found guilty of raping a woman who approached him and a group

The Governor of Mountjoy Prison has won an appeal against an order releasing a prisoner, following an inaccurate certificate being issued for his detention. The Court of Appeal ordered the issue to be remitted to theHigh Court, allowing the Governor to apply to have the certificate amended. Mr Patri

A man has lost his appeal against the High Court’s dismissal of his negligence claim against the Minister for Defence, after the Supreme Court reaffirmed the High Court’s position that there had been inordinate and inexcusable delay. The appellant Peter McGarry’s claim had been that he had suf

The High Court has declined to make an order finding that an airline should be awarded costs for a discovery-related application that had been rendered moot by circumstance, and which would potentially result in the State being liable to it for a substantial sum. The application was brought by Ryana

The High Court has found that the Minister for Social Protection erred in law and breached fair procedures, natural and constitutional justice, by failing to properly consider all of the evidence furnished by the applicant that her child was a “qualified child” under the Social Welfare Consolida

The UK Supreme Court has ruled a company’s VAT repayments, made after it overpaid VAT, are liable to corporation tax. The appellant, Shop Direct Group (SDG), is a company in the Littlewoods corporate group (the Group).

. The claim of battery was dismissed, with the Judge citing McMahon & Binchy ‘Law of Torts’ under the heading ‘Consent to Medical Procedures’ and Walsh v. Family Planning Services 1 I.R. 496, which found that failure to advise was not an assault, but a possible breach of duty of care.

The Supreme Court has upheld a decision of the High Court, in which it found that a trial could proceed on proof of due notice to the person accused of the offence, but that if a judge was considering a substantial prison term as punishment on conviction that a bench warrant should be issued to comp