Case Reports

Northern Ireland’s High Court has dismissed a judicial review application where the original proceedings were still ongoing, and where the applicant failed to mount a case for early release or mercy. This was an application for leave to apply for judicial review where the applicant was seeking

The High Court has refused an application to dismiss a plaintiff’s personal injuries action on the grounds that it was bound to fail. The defendants argued that the plaintiff could not succeed because she had signed a waiver agreement which waived any right of action against the defendants. Ho

The Court of Appeal has upheld an award of €85,000 for psychiatric damage caused to a woman who witnessed the aftermath of a fatal car accident. The woman was the first person on the scene and suffered post-traumatic stress disorder after seeing the deceased driver. The defendant’s insure

Northern Ireland’s Court of Appeal has rejected a conviction for hate speech where the trial judge failed to examine the context of the speech and failed to justify the interference with the appellant’s freedom of expression. This appeal questioned whether the leaflets involved could be

The High Court has refused to admit the copy of a deceased’s will to probate despite the fact that most of the next of kin consented and none actively opposed the application. The court held that there was simply no evidence to show that the original will was still in existence or that it was

The Supreme Court has ruled that Clare County Council was not entitled to a mandatory interlocutory injunction removing Irish travellers from Council lands. It was held that both the Court of Appeal had failed to adequately consider the constitutional rights of the defendants in granting the applica

The High Court of Northern Ireland has dismissed an application alleging cross-cutting from ministers who challenged a decision of the Police Service of Northern Ireland (PSNI) in relation to bonfires in Belfast. The ongoing bonfire dispute, which was previously covered by Irish Legal News here, was

The High Court has ruled that FBD Insurance plc must pay publicans for losses arising from the early closures of premises which occurred from 10 August 2020 due to the Covid-19 pandemic. In a 201-page judgment, Mr Justice Denis McDonald held that the early closing requirement was a government-impose

The Court of Appeal has rejected an appeal against a decision by the High Court to refuse an Article 40.4 application arising from the conviction of the appellant. It was stated that the application was “totally misconceived” and that the issues should have been raised in an appeal. The

The Court of Appeal has dismissed an appeal against the severity of a three-year sentence for the cultivation of €39,000 worth of cannabis plants. The final year of the sentence had also been suspended by the sentencing judge. The appellant argued that the sentence was excessive having regard t

The Supreme Court has held that the decision of the Minister for Education to exclude certain home-schooled students from the calculated grades scheme in the 2020 Leaving Certificate was invalid. It was held that the Minister’s decision was an unlawful interference with the constitutional righ

The High Court has acceded to an application appointing the aunt of a ward of court as his joint committee in addition to the General Solicitor. The General Solicitor opposed the appointment, arguing that the aunt’s disagreement with the treating doctors could undermine the ward’s treatm

Northern Ireland’s Court of Appeal has rejected a declaration of parentage for a same-sex couple’s child conceived through private artificial insemination, citing public policy grounds. The judges did not consider that this affected the upbringing of the child. A woman known as A appeale

The Court of Appeal has dismissed an appeal against a murder conviction which claimed that the appellant’s trial was rendered unfair after the main prosecution witness gave evidence via video link. It was also claimed that the witness should not have been permitted to give evidence with the as

The High Court has rejected an application to amend a statement of grounds in a planning case involving the protection of bats under the Habitats Directive. The applicants had submitted, inter alia, that An Bord Pleanála had failed to comply with the provisions of the Directive and sought to