Case Reports

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

The High Court has directed a modular trial in a “slopping out” case which is prima facie out of time, the events complained of having occurred 16 years prior to the institution of proceedings. Delivering judgment for the High Court, Mr Justice Garrett Simons determined that: “It w

The Court of Appeal has determined that a wholly exculpatory statement made by the accused to his solicitor on the first day of his trial should not have been admitted into evidence by the trial judge Delivering judgment for the Court of Appeal, Ms Justice Isobel Kennedy explained that “the re

The Court of Appeal has determined that the full suspension of two sentences for robbery and burglary to facilitate the continuance of the respondent’s rehabilitation was not unduly lenient. Delivering judgment for the Court of Appeal, Ms Justice Úna Ní Raifeartaigh commented tha

The High Court has refused an application for leave to proceed by way of judicial review that was brought out of time by a woman whose complaint to GSOC was refused as being inadmissible for delay. Delivering judgment for the High Court, Ms Justice Siobhán Phelan determined that the applicant

The Supreme Court has determined that An Bord Pleanála failed to give adequate reasons for its decision to grant planning permission for a 1,592-apartment strategic housing development and failed to take relevant considerations into account. Delivering judgment for the Supreme Court, Mr Justi

The Supreme Court has determined that pursuant to s.50A(9A) of the Planning and Development Act 2000, the occasions on which the High Court can refuse remittal will be “rare and exceptional”. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly opined that “the Oir

A majority of the Supreme Court has determined that s.7(2)(g) of the Judicial Council Act 2019 which required the adoption by the Judicial Council of the 2021 Personal Injuries Guidelines is unconstitutional, but that the Guidelines remain in force in law being that were subsequently ratified by the

The High Court has determined that the minister of justice's designation of the UK as a ‘safe third country’ was unlawful and ultra vires her powers due to the absence of certain safeguards required by EU law. Delivering judgment for the High Court, Ms Justice Siobhán Phelan deter

The High Court has referred questions to the Court of Justice of the European Union (CJEU) concerning the State’s obligation to compensate victims of crime for their pain and suffering and the nature of “fair and appropriate” compensation under Council Directive 2004/80/EC of 29 Ap

A refusal by Poland's Constitutional Court to disclose two judges' meeting diaries to an NGO breached its right to freedom of expression, the European Court of Human Rights (ECtHR) has ruled. The NGO had submitted requests for information in the context of media speculation over whether the two judg

The High Court has determined that it was reasonable for applicants to issue proceedings seeking leave for judicial review where the minister for justice had indicated her intention to deport the infant applicant. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated that the a

The Court of Appeal has determined that Iconic Newspapers Ltd could not rely on the defence of qualified privilege in respect of a publication which erroneously stated that the respondent featured on Revenue’s ‘tax defaulters list’. Delivering judgment for the Court of Appeal, Mr J