Case Reports

The Court of Appeal has on appeal dismissed proceedings concerning the alleged mis-selling of a pension backed mortgage product as statute-barred. Delivering judgment for the Court of Appeal, Ms Justice Caroline Costello opined: “The damage the deceased suffered by entering into the transactio

The Court of Appeal has dismissed the government’s appeal against the High Court’s refusal to consider a preliminary issue as to whether the exercise of the executive power concerning the external security and relations of the State was justiciable. Delivering judgment for the High Court

The Supreme Court has allowed an appeal against sentence by an individual who was only 14 years of age when he murdered a mother-of-two at the International Financial Services Centre in 2021. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Malley determined: “A sentencing

The Supreme Court has determined that the anonymity rules in respect of child offenders under s.93 of the Children Act 2001 continue to apply where majority is attained during the criminal process and last beyond the conclusion of the proceedings. Delivering judgment for the Supreme Court, Ms Justic

The High Court has declared that a prisoner suffering with paranoid delusions lacked capacity to decide to refuse food, water and medical treatment. Delivering judgment for the High Court, Mr Justice Mark Heslin found that the making of the orders sought “is both a necessary and a proportionat

The European Court of Justice (ECJ) has answered questions posed by the Irish High Court as the interpretation of Article 4(4)–(6) of Directive 2011/92 and the obligations arising where information received from third parties during the planning process raises doubt as to the potential environ

The High Court has allowed an appeal by Debenhams Retail (Ireland) Limited against findings made in favour of a former employee in her test case before the Labour Court. Delivering judgment for the High Court, Mr Justice Anthony Barr opined that although the notification by Debenhams’ parent c

The High Court has dismissed a cattle dealer's action alleging negligence and breach of contract against his former solicitor in relation to the handling of failed 2015 proceedings. Delivering judgment for the High Court, Mr Justice Alexander Owens determined that “Finbar Tolan has not proved

The High Court has refused a plaintiff’s application seeking liberty for a barrister to directly represent him in his proceedings. Delivering judgment for the High Court, Ms Justice Siobhán Stack opined: "The suggestion… that the plaintiff’s right to be represented has some

The High Court has refused to dismiss proceedings alleging liability for personal injuries arising from ruptured breast implants as disclosing no reasonable cause of action. Delivering judgment for the High Court, Ms Justice Marguerite Bolger explained: “Given the emphasis the plaintiff places

Lewis Silkin lawyers Ciara Fulton and Orla Bingham consider the employment law landscape in Northern Ireland. Proposals for the introduction of miscarriage leave and ‘safe leave’ for victims of domestic abuse have recently been announced in Great Britain. These rights have been pending i

The Court of Appeal has determined that where a person subject to a suspended sentence is convicted of a further offence within their period of suspension, the court passing sentence for the new offence must, in the same sitting, remand that person to the original court which imposed their suspended

Northern Ireland’s Court of Appeal has provided sentencing guidance on the new offence of "non-fatal strangulation" (NFS). Delivering judgment for the Court of Appeal, Lord Justice Seamus Treacy remarked that “it is the duty of sentencing judges in Northern Ireland to give effect to the

The High Court has granted an order of certiorari in respect of the decision to revoke the residence card of a Pakistani national alleged to have engaged in a ‘marriage of convenience’ with a Latvian national in the State. Delivering judgment for the High Court, Ms Justice Sara Phelan ex

The High Court has opined on the failure to implement reforms suggested in the 2020 Kelly report as it refused to order discovery of documents which were likely already in the possession of the applicant party, finding that discovery thereof would not be "necessary". Delivering judgment for the High