Case Reports

The Supreme Court has reinstated the original sentence of 10 years' imprisonment imposed in a matrimonial rape case which involved a pattern of abuse, threats to kill, and a violent attack with a hammer. Rejecting the man’s argument that the Supreme Court did not have jurisdiction to review th

A man who was repeatedly stopped and searched under the Justice and Security (NI) Act 2007 has been granted a declaration that the PSNI, in failing to record the basis for searches carried out in 2013, acted in breach of the man’s right to respect for private and family life under Article 8 EC

A woman who was refused international protection in the International Protection Appeals Tribunal, in a decision which stated that she “worked as a prostitute and managed to sustain herself”, has been granted an order of certiorari in the High Court. Remitting the case back to the IPAT f

A vulture fund has been granted an injunction enabling them to take possession of a four-bedroom house in Blackrock, presumed to be rented by up to 15 people. Finding that the vulture fund, together with the receivers, had a “strong case” likely to succeed at trial, Mr Justice Mark Sanfe

A family who were refused international protection and subsequently lost an appeal to the International Protection Appeals Tribunal failed to provide any explanation which would warrant the grant of an extension of time to bring judicial review proceedings in the High Court. Commenting tha

The UK Supreme Court has found that it does not have jurisdiction to hear an appeal directly from the High Court in judicial review proceedings brought by the sister of one of Michael Stone’s victims. Agreeing with the Attorney General for Northern Ireland that the proper route of appeal was t

A solicitor who was constructively dismissed by the new owner of a firm she had worked in for over 10 years has been awarded €13,300 in the Workplace Relations Commission. The new owner sought to change the essential terms of the complainant’s employment contract, insisting that the offic

The Labour Court must reconsider a case involving a Tesco employee who was not paid in accordance with the terms of his contract. Remitting the case back to the Court for consideration, Mr Justice Michael MacGrath found that the Labour Court had fallen into error by failing to appropriately assess t

A man who argued that he was unfairly dismissed from his employment after making a “protected disclosure” has lost an appeal against the Labour Court’s finding that, in stating that his work was causing him pain, his communication was an expression of grievance and not a protected

A District Court judge’s decision to decline jurisdiction in respect of an assault charge in circumstances where the same judge had accepted jurisdiction at a previous hearing was reached in breach of fair procedures. Granting an order of certiorari quashing the decision, Ms Justice Miriam O&r

The owners of a commercial property in Cork city have been awarded €45,614 for damage caused by a former tenant who converted the ground floor of the property from an off-licence to a bar without their consent. Soon after the works were carried out, tenants on the first floor of the property co

A woman who failed to notify the lender in a “lifetime loan” mortgage agreement of her mother’s death has lost an appeal against the decision to refuse an extension of time to challenge the order for possession granted to the lender. Dismissing the appeal, Ms Justice Iseult O&rsquo

Proceedings seeking an order for possession of property mortgaged under a “lifetime loan”, which became payable upon death of the mortgagor, were not statute-barred as the proceedings were not subsisting at the date of death. Finding that the proceedings were not subject to the two-year

The Courts Service has lost an appeal against the Data Protection Commissioner’s finding that it breached pre-GDPR legislation by publishing the name of a notice party who had been granted anonymity. Dismissing the appeal, Judge Francis Comerford said the Courts Service was obviously a data co

The Ministry of Defence has lost an appeal against the award of £15,000 compensatory damages and aggravated damages to the widow of Bernard McGuigan, who was shot dead on Bloody Sunday. Dismissing the appeal, Lord Justice Bernard McCloskey said that Mr McGuigan was capable of being a victim of