Case Reports

The Court of Appeal has overturned a decision of the High Court permitting the registration of trademarks in Ireland by Diesel SpA, an Italian clothing manufacturer. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland concluded: "The position is clear: all parties accept there will

The Court of Appeal has dismissed the appeal of Oleksi Oleksiyovych Lytvynenko against his extradition to the USA to stand trial for ransomware conspiracy charges. Delivering judgment for the Court of Appeal, Ms Justice Tara Burns was satisfied inter alia that the fact that the appellant had acquire

The High Court has indicated that it will refer questions concerning the principle of equivalence and the legality of charges for time spent by public authority staff in answering environmental information requests to the CJEU. Delivering judgment for the High Court, Mr Justice Richard Humphreys ind

The Court of Appeal has confirmed that the court’s inherent jurisdiction to extend time for seeking leave to bring judicial review proceedings has been excluded by Order 84 RSC and has addressed, obiter, novel issues in relation to the 'Legal Aid – Custody Issues Scheme'. Delivering judg

The High Court has ordered a quarrying company to remediate unauthorised works carried out in breach of a court order near the home of a Carlow family. Delivering judgment for the High Court, Mr Justice David Nolan opined: “The development of a quarry adjacent to housing without any planning p

The High Court has prohibited the surrender of a man to the US for a “bail jumping” offence on the basis that he is immune from prosecution under s.18 of the Extradition Act 1965. Delivering judgment for the High Court, Mr Justice Patrick McGrath concluded: “The intention of s.18 w

The High Court has made orders suspending the registration of a doctor who is the subject of criminal charges for possession of child pornography in the UK. Delivering judgment for the High Court, Mr Justice David Barniville in making the orders sought was satisfied that "the need the ensure the pub

The Master of Northern Ireland’s High Court has assessed damages for defamation at £100,000 in favour of Peter Jackson, father of Paddy Jackson. Delivering judgment for the High Court, Master Mark Harvey highlighted: “The lesson for the defendant in this case, and frankly for those

The High Court has identified a lacuna in the Planning and Development Act 2000 arising where judicial review proceedings are brought following a grant of planning permission. Delivering judgment for the High Court, Mr Justice David Nolan noted: “It may well be that primary amending legislatio

Northern Ireland’s High Court has dismissed an application for judicial review arising from an inquest concerning the death of Anthony Doris in 1991. Delivering judgment for the High Court, Mr Justice Gerry McAlinden remarked that "it is somewhat ironic that the only soldier whose actions were

The High Court has quashed a decision of An Coimisiún Pleanála which refused a grant of planning permission for a dwelling in County Dublin to a local woman who operated a nearby hairdressing salon. Delivering judgment for the High Court, Mr Justice David Nolan remarked that it was &ld

The High Court has refused leave to renew a plenary summons in a case which alleged that the HSE failed to protect the plaintiff from sexual and physical abuse as a child. Delivering judgment for the High Court, Ms Justice Nessa Cahill emphasised: “The legal position is unambiguous: it is only

The High Court has answered two questions in the affirmative relating to the use of circumstantial evidence to convict for an offence under angling bye-laws. Delivering judgment for the High Court, Mr Justice Barry O’Donnell confirmed that while the bye-law prohibited the use of lures other th

The High Court has awarded €130,000 in general damages to a mother whose son was killed when he was struck by a vehicle in 2017. Delivering judgment for the High Court, Mr Justice Tony O’Connor found that “the plaintiff has suffered PTSD from the 'horrific experience that she had' i

The Court of Appeal has affirmed the answers of the High Court given in response to a case stated concerning whether fair procedures require Gardaí to warn of the ramifications of electing to provide a blood or urine sample pursuant to a request under s.12(1)(b) of the Road Traffic Act 2010.