Case Reports

The High Court has answered a case stated concerning service outside the jurisdiction and the effect of defective service on the District Court’s jurisdiction. Delivering judgment for the High Court, Mr Justice Barry O'Donnell opined that “the manner in which the attendance of an accused

The High Court has struck out 2015 debt recovery proceedings brought by Everyday Finance DAC for want of prosecution where 4 years of apparent inactivity had occurred. Delivering judgment for the High Court, Mr Justice Barry O’Donnell explained that “when one considers the close emphasis

The Court of Appeal has granted leave to apply for judicial review of the Circuit Court’s refusal to allow a disabled litigant in person time to prepare her case by adjourning her criminal appeal hearing. Delivering judgment for the Court of Appeal in March, Ms Justice Nuala Butler explained:

Northern Ireland’s Crown Court has imposed a custodial sentence on a man whose DNA was found on pipe bombs which were deployed at three residential properties. Delivering judgment for the Crown Court, Mr Justice Stephen Fowler concluded: “Anyone handling such devices, particularly with a

The Supreme Court has determined that the Court of Appeal erred in directing a retrial on an indictment which had subsequently been amended by the Special Criminal Court at trial. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly explained that “the jurisdiction of the Cour

The Supreme Court has granted leave to appeal on the proper construction of a standard interest variation clause in Bank of Ireland commercial loan agreements. Granting leave to appeal, the Supreme Court determined: “Given that this is a standard term, it remains important to construe the rang

The High Court has dismissed the claim of a RCSI student who suffered personal injuries while indoor wall climbing at a facility in Sandyford. Delivering judgment for the High Court, Mr Justice Paul Coffey expressed that while the court had “every sympathy for the plaintiff”, the plainti

The High Court has refused to extend time for the widow of a deceased man to bring defamation proceedings against parties including the HSE, the Mater Hospital and two medical professionals. Delivering judgment for the High Court, Ms Justice Siobhán Phelan explained that “the Deceased w

The High Court has determined that Enoch Burke was lawfully transferred from Mountjoy to Castlerea Prison. Delivering judgment for the High Court, Mr Justice Brian Cregan determined that the transfer occurred for reasons which were neither arbitrary, capricious nor unjust and reiterated that “

The Court of Appeal has dismissed an appeal against the refusal of the High Court to strike out a land dispute for delay, notwithstanding very significant delays in the proceedings. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland determined that “despite the very great del

The Court of Appeal has upheld the decisions of the High Court finding that Ireland is the most appropriate forum for hearing Declan Ganley’s defamation proceedings and refusing to strike out the proceedings against two defendants. Delivering judgment for the Court of Appeal, Mr Justice Denis

Northern Ireland’s Court of Appeal has upheld orders of the High Court quashing decisions providing for the early release on licence of Robert Clarke. Delivering judgment for the Court of Appeal, Lord Justice Adrian Colton explained: “It would be an absurdity for a declaration of eligibi

In its first written judgment on the application of s.50 of the Land and Conveyancing Law Reform Act 2009, the High Court has granted orders discharging a restrictive covenant over a plot of land in Co Limerick. Delivering judgment for the High Court, Mr Justice David Nolan concluded: “In my o

The High Court has set aside an order granting leave to serve proceedings outside of the jurisdiction in circumstances where the moving party had failed to disclose that it was litigating proceedings concerning the same dispute in Tripoli. Delivering judgment for the High Court, Mr Justice David Nol

The High Court has refused to grant leave to challenge a decision of the Ombudsman upholding a refusal of civil legal aid by the Legal Aid Board. Delivering judgment for the High Court, Mr Justice Anthony Barr determined that the applicant had not made out an arguable or stateable case that the resp