Case Reports

The Court of Appeal has upheld the dismissal of a clinical negligence claim in circumstances where no expert report had been obtained by the plaintiff’s solicitors almost eight years after the proceedings had issued. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan denounc

The Supreme Court has quashed a decision of the Minister for Social Protection to refuse to grant a widower’s contributory pension to a widowed father of three children and has declared s.124 of the Social Welfare Consolidation Act 2005 (as amended) unconstitutional in respect of its exclusion

The High Court has granted a decree of divorce to a couple who will continue to live together in the family home under the terms of their settlement agreement. Delivering judgment for the High Court, Mr Justice John Jordan determined that “if a couple can be considered as living apart from one

The High Court has determined that a garda who collided with a driver who pulled out in front of him is entitled to €85,000 in general damages. Delivering judgment for the High Court, Mr Justice Paul Coffey had particular regard to the fact that the man’s “main injuries were to diff

The High Court has determined that a challenge to a grant of planning permission was, in reality, a “collateral challenge” to the underlying decision of the planning authority. Delivering judgment for the High Court, Mr Justice Garrett Simons warned that “a litigant cannot use proc

The High Court has refused injunctive relief restraining the payment of $1.65 million to a Chinese company alleged to have committed fraud. Delivering judgment for the High Court, Mr Justice Rory Mulcahy emphasised that “the test for an injunction to restrain payment on foot of a letter of cre

The High Court has granted an order of certiorari in respect of an IPAT decision refusing refugee status and subsidiary protection to a citizen of Sierra Leone who claimed that he would likely be imprisoned, tortured and killed if returned to his home country. Delivering judgment for the High Court,

Northern Ireland’s High Court has refused an application to transfer child welfare proceedings to Northern Ireland, determining that it was in no better position than the courts of the Republic of Ireland to assess the best interests of a young child and that the child was habitually resident

The High Court has determined that a woman’s signature was forged on mortgage documents purporting to charge her Wexford holiday home of which she was the sole owner, and that the evidence of her handwriting expert was uncontroverted by the defendants. Delivering judgment for the High Court, M

The Supreme Court has referred two questions about the interaction of Latvian law with Ireland's European Arrest Warrant legislation to the Court of Justice of the European Union (CJEU). The questions concern whether the discretionary conversion of a supervisory sentence to a custodial sentence

The High Court has refused to appoint an administrator ad litem to defend challenge to a will where the executrix and main beneficiary seemingly lacked capacity. Delivering judgment for the High Court, Ms Justice Siobhán Stack stated that “the appointment of the proposed person pursuant

The High Court has refused the appeal of a firefighter from a Labour Court decision upholding the adjudicating officer’s decision that the firefighter was not working during his ‘on standby’ periods. Delivering judgment for the High Court, Mr Justice Anthony Barr found that the Lab

The High Court has refused to grant injunctive relief restraining the dismissal of a recruit prison officer arising from a discovery of plastic bags which tested positive for cocaine in his training accommodation. Delivering judgment for the High Court, Mr Justice Rory Mulcahy determined: “Com

Northern Ireland’s High Court has refused to appoint a McKenzie friend in family law proceedings on the basis that she attempted to inappropriately influence the court and lacked a basic understanding of practice and procedure. Delivering judgment for the High Court, Mr Justice David McFarland

The High Court has refused leave to furnish to actor Dany Boon’s Monégasque lawyers unopened affidavits filed in his Irish fraud proceedings, which were intended for transmission to the instructing judge in a related criminal investigation in Monaco. Delivering judgment for the High Cou