Case Reports

Northern Ireland’s High Court has determined that certain provisions of the Illegal Migration Act 2023 constitute a diminution of rights and are incompatible with the European Convention on Human Rights. Delivering judgment for the High Court, Mr Justice Michael Humphreys determined that, &ldq

The High Court has granted leave to apply for judicial review of the Legal Aid Board’s decision to revoke a legal aid certificate which had originally been granted in the context of intended proceedings to set aside a 1988 judgment. Delivering judgment for the High Court, Mr Justice Garrett Si

Northern Ireland’s Court of Appeal has determined that a minimum tariff of 20 years for the premeditated murder of the late Lu Na McKinney “signalled a permissible move towards higher tariffs to reflect the horrific elements of this crime”. Delivering judgment for the Court of Appe

The Supreme Court has directed that applicants seeking appointment as commissioners for oaths and any person supporting such applications must now include a statement that they are not aware of any matter relating to an applicant’s suitability for appointment, unless already specified in the a

The High Court has found that gardaí did not have adequate regard to the An Garda Siochána Code when attempting a ‘compliant stop’ of a civilian vehicle which resulted in a collision. Delivering judgment for the High Court, Mr Justice Tony O’ Connor stated that &ldquo

The Court of Appeal has upheld a two-and-a-half year prison sentence for an “elbow punch” attack which left the victim with an acquired brain injury. Delivering judgment for the Court of Appeal, Ms Justice Úna Ní Raifeartaigh considered that "a period of two-and-a-half year

Northern Ireland’s Court of Appeal has determined that while Northern Ireland's religious education curriculum was conveyed in breach of the “objectivity test” enunciated by the European Court of Human Rights, no breach of Article 2, Protocol 1 ECHR had occurred. Delivering judgmen

The High Court has confirmed that the imposition of District Court scale fees in Circuit Court personal injuries proceedings did not fall foul of the prohibition on scale fees in s.17(4) of the Courts Act 1981. Delivering judgment for the High Court, Mr Justice Anthony Barr considered: “At the

The High Court has entered judgment for nearly €12 million in favour of Everyday Finance DAC arising from guarantees executed under undue influence and without the benefit of adequate legal advice. Delivering judgment for the High Court, Ms Justice Siobhán Stack determined that the trans

The High Court has delivered its first written judgment confirming that the Circuit Court has jurisdiction to order examination and discovery in aid of execution of monetary judgment and that the conclusions reached in Aerospan Board Centre (Dublin) Ltd v. Dean Furniture Ltd (1989) 7 ILT 79 were err

The High Court has refused to determine whether South Dublin County Council would be liable for personal injuries resulting from the intrusion of tree roots into a footpath, but recognised that the judgments in UCC v ESB [2020] IESC 38 could have implications in such cases provided that a plaintiff

Northern Ireland’s Court of Appeal has quashed a man’s convictions for the murder of four British Army officers and membership of a proscribed organisation following its conclusion that the verdict reached in his 1976 trial was unsafe. Delivering judgment for the Court of Appeal, Lady Ch

The High Court has determined that a child’s right to equal treatment was not breached by the differing treatment of children and adults under the provisions of the Criminal Justice (Public Order) Act 1994 (as amended). Delivering judgment for the High Court, Mr Justice Anthony Barr determined

The High Court has agreed to inspect Bank of Ireland Group’s legally privileged documents following the successful reliance by its employee on the crime/fraud exception to legal privilege. Delivering judgment for the High Court, Ms Justice Nuala Jackson determined: “The present case come

The Court of Appeal has determined that GSOC is entitled to both types of DAR recordings in respect of investigating complaints arising from events which occurred both in the courtroom and its environs for the purpose of fulfilling its statutory duty. Delivering judgment for the Court of Appeal, Mr