Case Reports

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

A woman has been awarded €40,615 in damages after a portion of the ceiling in her rented accommodation in Clonmel, Co. Tipperary, fell on her head and back. The defendant, Eamon Clohessy, was the landlord of plaintiff Ms Concepta Collery and accepted that there was a duty to keep the premises in g

A man has failed in his attempt to have his dismissal from the Permanent Defence Forces (PFD) quashed. Mr Christopher Maher had been dismissed following a controlled random drug test, which he failed after the two samples he gave tested positive for cocaine.

The Supreme Court has ordered for the votes in the May 2014 local election in Listowel, Kerry to be counted afresh, following a challenge to the result by an unsuccessful candidate. Dan Kiely had challenged the legality of how the returning officer in charge of the running of the election had conduc

The Northern Ireland High Court of Justice has refused an application by the representative of a man shot by soldiers in 1987 relating to a delay in the Chief Constable of the Police Service of Northern Ireland (PSNI)’s disclosure of documents in a separate civil case. The personal representative

The Member of Parliament for Fermanagh and South Tyrone has been awarded £48,750.00 after a Sinn Féin politician posted a defamatory statement about him on Twitter in May 2014. Philip Flanagan, a Sinn Féin MLA, published a tweet about Thomas Elliot MP, a member of the Ulster Unionist Party.

The High Court has refused an application from a man who sought an order of certiorarior declaration in relation to an order made following an appeal against his conviction for harassing his ex-wife. Sean Carraher claimed that the hearing had been fundamentally flawed on the grounds that Garda witne

A woman has been found to have been legally detained under a motion for attachment and committal issued for her failure to comply with an order for possession over her family home. A motion for attachment and committal was issued on 8 December 2015 after Ms Claire Knowles failed to comply with an an

A man has lost an appeal against a court order which struck out his claims against a bank and two statutory receivers appointed over property to which he claimed to have an entitlement to possess. Mr Joseph Delaney argued in the Court of Appeal against the High Court order, which struck out his clai

An ex-farmer who subsequently trained as a barrister has lost his appeal to amend his Statement of Claim in a case concerning the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1978 (S.I. 256/78) and his alleged right to compensation for the loss of cows which had tested

The Court of Appeal has refused a man’s appeal against the High Court’s decision to set aside an order renewing a plenary summons. Desmond Monahan, sought damages from his former solicitors, Kevin Byrne and Shane Coyle, for breach of contract, breach of fiduciary duty and misrepresentation.