Case Reports

Solidarity-People Before Profit TDs have been granted leave to apply for judicial review of a decision of the Ceann Comhairle, which will be dealt with in an expedited hearing before the end of the year. Noting the need to approach cases involving Parliament with a degree of caution, Mr Justice Garr

A man living with his severely disabled partner in a two-bedroom council house should receive full housing benefit because applying the so-called "bedroom tax" breaches his human rights, the UK Supreme Court has ruled. The ruling in favour of "RR" has implications for at least 155 other partners of

A man who objected to his surrender to Poland on the basis of systemic breaches to the rule of law which would impact his fair trial rights has had his appeal dismissed by the Supreme Court. Delivering the leading judgment, Mr Justice Donal O’Donnell said that the CJEU had made it clear that f

A man facing extradition to Poland under a European Arrest Warrant has had arguments based on Article 3 of the European Convention on Human Rights rejected in the High Court. Referring to a recent report regarding prison conditions, Mr Justice Donald Binchy said that 3m² of floor space per pris

A pilot who is being sued for making defamatory statements online has been granted an order requiring Ryanair to provide an unredacted investigation report which had been almost completely redacted when first provided. Finding that the report was relevant and necessary to the issues at trial, Mr Jus

A man who pleaded guilty to the murder of his mother must serve eight years' imprisonment before being considered for release on licence. Commenting that the case was clearly “close to the borderline between murder and manslaughter”, Mr Justice Adrian Colton said the evidence “over

The prosecution of a registered nurse who allegedly provided Botox treatments without a prescription can proceed after the High Court ruled that evidence central to the case against her is admissible. Satisfied that the samples of Botox had not been seized illegally, Mr Justice Michael MacGrath did

The Northern Ireland Court of Appeal has found that the Executive Office can exercise the prerogative power to set up an ex gratia redress scheme for the victims of historical institutional abuse, and that the Secretary of State for Northern Ireland should consider giving a direction to the Executiv

Galway County Council has been ordered to pay €2,000 in damages to the owner of a horse which it destroyed in April 2018. The High Court previously found that the Council had acted ultra vires in destroying the horse, and Mr Justice Garrett Simons urged the parties to reach an agreement on dama

The Supreme Court has said that the Court of Appeal erred in reversing a non-party costs order made against the principal shareholder of a company who was found to be solely responsible for directing and overseeing a fraudulent claim issued by his insolvent company. Emphasising “the need to pr

An evangelical Christian who alleged that he had been discriminated against by University College Dublin due to his religious beliefs has lost his complaint to the Workplace Relations Commission. The man alleged that the discrimination led to him withdrawing from his course at UCD, and sought redres

A man who was “caught red-handed” at the scene of a largescale drugs distribution unit where over €4.1 million worth of cannabis and diamorphine was seized by gardaí, has had his sentence increased to 10 years in the Court of Appeal. Quashing the sentence of seven years impos

A vulture fund must pay the costs of a debtor who was successful in overturning an order for possession in respect of his home in Clontarf. The fund contended that the High Court should depart from the normal rule that costs follow the event, arguing that, inter alia, the debtor owed a significant s

A man who was given a five-year custodial sentence for assault causing serious harm has had his sentence reduced on appeal to just over two years in custody. Mr Justice George Birmingham, president of the Court of Appeal, said it was appropriate to take into consideration the Fitzgibbon sentencing g

The president of the High Court, Mr Justice Peter Kelly, has determined that a hospital can proceed with intensive curative intent treatment recommended by the consultant oncologist in charge of treating a five-year-old boy with very high-risk neuroblastoma. Describing the case as “harrow