Case Reports

The question of vires has been remitted to the High Court for re-argument in judicial review proceedings. Finding that, although alluded to, the specific argument of vires had not been raised in the High Court, Mr Justice John MacMenamin said that the High Court judge’s determination that the

The managing director and principal shareholder of a fishing company has been unsuccessful in challenging the rule that, in the absence of exceptional circumstances or otherwise provided by statute, companies must be represented by lawyers with a right of audience in court proceedings. Dismissing th

A 21-year-old man who stabbed a victim in the eye at a New Year’s Eve party in 2014, and went on to assault another victim nine months later, has had his unduly lenient sentence increased in the Court of Appeal. Sending the man back to prison for a further twelve months, Mr Justice George Birm

A man who was refused payment of his legal fees under the Legal Aid Custody Issues Scheme has been granted an Order of certiorari, quashing the decision of the Legal Aid Board. Finding that the decision was ultra vires the scheme and ultra vires the Board’s powers under the scheme, Ms Justice

The mother of Patrick Pearse Jordan, who was 22 years old when he was fatally shot by a member the RUC in Belfast in 1992, has lost an appeal against the refusal to grant leave to apply for judicial review of the latest inquest into his death. Dismissing all six grounds for judicial review which wer

In response to three questions referred to the High Court in relation to the admissibility of an involuntary statement made pursuant to s. 107(4) of the Road Traffic Act 1961, Mr Justice Donald Binchy has concluded that a statement made by an accused person in response to a demand made by a garda pu

Six members of the Irish Countrywomen's Association (ICA) have been granted relief in the High Court in relation to serious procedural irregularities in its 2018 election which they said were in breach of the Constitution of the ICA. In a recently published judgment, Ms Justice Una Ní Raifear

A man whose surrender is sought by the United Kingdom on foot of a European Arrest Warrant has not shown that there is a substantial risk to his rights in view of Brexit. Stating that the Court of Justice of the European Union had already answered ‘almost identical’ questions of European

The Supreme Court has ruled that a bakery's refusal to supply a cake iced with the message ‘Support Gay Marriage’ was not discriminatory on the grounds of sexual orientation, as the refusal was based on the message and not to any particular person. The Court also held that the Fair Emplo

The Minister for Business, Enterprise and Innovation must reconsider an application to renew an employment permit which was refused because it had been submitted eight days after the previous year’s permit had lapsed. Granting an order of certiorari, quashing the decision, Mr Justice Seam

The directors of a construction company who, along with their wives, signed guarantees in respect of the indebtedness of their company to the Bank of Ireland, have lost their Supreme Court appeal against the €1 million summary judgment granted by the High Court in 2011. Finding that there was n

A retired Garda sergeant who suffered and sustained significant personal injuries in the course of restraining a prisoner has been granted an order of certiorari, quashing the refusal of the Minister for Justice and Equality to authorise his application for compensation. Remitting the matter to the

A woman who contended that the Flags (Northern Ireland) Regulations 2000 breached the Good Friday Agreement 1998, has had her application for judicial review dismissed in the High Court in Belfast. Finding that in introducing the Regulations, the Secretary of State for Northern Ireland had fulfille

A woman who worked nearly 60 hours per week, as evidenced by emails sent outside of her contracted hours of 40 hours per week, has been awarded €7,500 in compensation. Agreeing with the Workplace Relations Commission's finding that the employer was in breach of the Organisation of Working Time

AIB have been granted an Isaac Wunder Order, restraining a man from acting as a “McKenzie Friend”. Providing the relief sought by AIB, Mr Justice Robert Haughton granted, inter alia, a permanent injunction restraining the man ‘from advising, participating in, assisting or