Case Reports

A non-EU national living in Northern Ireland should not have been refused benefits on the basis that she did not have "comprehensive sickness insurance" as she had access to the NHS, the Court of Justice of the European Union (CJEU) has ruled. In yesterday's judgment, the Fifth Chamber provided insi

The Court of Appeal has increased the sentence for a woman convicted of making a false statement to gardaí about a sexual assault. The woman was initially sentenced to two years' imprisonment which was fully suspended. However, the Court of Appeal held that the offending was so serious that i

The High Court has granted an interlocutory injunction against a couple for trespassing on their former home within 90 minutes of being dispossessed by Start Mortagages DAC. An order for possession had previously been granted in the Circuit Court and affirmed in the High Court. In granting the order

Northern Ireland’s High Court has upheld an anonymity order where there were allegations that the shield was being used to advance Sinn Féin's political aims. The court found that the possible threat of violence to the applicant, should his name be revealed, was sufficient to surmount t

Northern Ireland’s Health and Safety Tribunal has upheld a decision to withhold a petroleum license where the risk to pedestrians and local residents was deemed to be too great, despite the appellant’s clean record. The appellant, Anita Byrne, trading as DAY TODAY, appealed against an Or

The High Court has granted an interlocutory injunction restraining a fund from selling a mortgagor’s lands while he was still in possession. The sale was advertised three weeks prior to an online auction and where the plaintiff complained that it was never previously suggested that the lands w

The High Court has awarded €30,000 to a plaintiff injured in a motor accident despite allegations that he fraudulently exaggerated his claim. The Motor Insurers’ Bureau of Ireland had made an application under section 26 of the Civil Liability and Courts Act 2004 to dismiss the proceeding

The High Court has granted an application to amend pleadings in a personal injuries case to expand the potential scope of liability for the MIBI, despite a significant delay by the plaintiff in bringing the motion. The court said that there were very unusual circumstances in the case which justified

The High Court has determined that applicants taking environmental challenges are not liable to pay for the costs of unsuccessful applications for the special costs regime. The ruling came after An Taisce brought proceedings against the State seeking to clarify that it was not required to pay for un

The High Court has refused an application by J & E Davy for particulars of allegations of fraud made against the company. It was held by the court that a prima facie case of fraud had already been particularised in the statement of claim and that, accordingly, Davy had a “reasonable pictur

Northern Ireland’s Court of Appeal has rejected a challenge to the decision to refuse to set aside a subpoena ad testificandum issued by the High Court pursuant to section 67(1) of the Judicature (Northern Ireland) Act 1978, in the context of an ongoing coroner inquest. The court found that th

The High Court has refused an application by Cabot Financial Ireland (Limited) to execute a judgment obtained in 2010 against a debtor. In so ruling, the court was required to consider the provisions of Order 42 Rule 24 RSC which relates to the execution of judgments that are outstanding for more th

The High Court has awarded €8,500 for injuries sustained to a child after he was cut by a ceiling fan after his father lifted him up. The child received a small but permanent scar behind his ear. The father claimed that he had twice complained to hotel staff about the low ceiling fan but was no

Northern Ireland’s High Court has dismissed an application for judicial review of the Covid-Status certification scheme, finding that the regulations introduced had been a legal, legitimate, necessary and proportionate response to the pandemic emergency. This decision was one of a series surro

Northern Ireland’s High Court has dismissed an application for judicial review arguing that so-called "vaccine passports" breached GDPR and data protection laws, finding that the unvaccinated applicant had insufficient standing for such a claim. This decision was one of a series surrounding re