Case Reports

Four part-time judges have succeeded against the Ministry of Justice in an appeal to the Supreme Court over their rights to a pension. The Supreme Court unanimously allows the appeals. Lord Carnwath gives the sole judgments, with which Lady Hale (President), Lord Reed (Deputy President) and Lord Wil

Planning permission for eleven wind turbines in Cork, granted by An Bord Pleanála, has been quashed in the Supreme Court. Emphasising the need for decision-making institutions to provide proper reasoning for decisions, Mr Justice Donal O’Donnell said that the Inspector who reported to t

A man who was ordered to get off the Luas despite having a valid ticket has been awarded €500 in the High Court. Finding that the man had been defamed by the security guard who tried to put him off the train, Mr Justice Anthony Barr said that the “fleeting defamation” was “alm

In a matrimonial rape case involving a pattern of abuse, threats to kill, and a violent attack with a hammer after the rape, the Supreme Court has set out the sentencing principles which must be observed when dealing with a pattern of violent and abusive behaviour. Finding that the Court of Appeal w

A woman who worked as a school principal in a small national school for twenty years has been granted an order of certiorari, quashing the decision of the Board of Management to dismiss her. Finding that the Board had failed to give adequate reasons for their decision, Mr Justice Anthony Barr also c

Clonmel Healthcare have been granted a declaration that a Supplementary Protection Certificate held by Merck Sharp & Dohme Corp for a combination therapy for cholesterol was invalid. Merck brought infringement proceedings against Clonmel for marketing a generic competitor; however, considering C

Two men challenging their surrender to Northern Ireland to face trial for the attempted murder of two PSNI officers have had their applications for discovery of evidence gathered by gardaí dismissed in the High Court. Describing the applications as a fishing expedition, Mr Justice Donald Binc

Martin Foley, known as “the Viper”, has lost an appeal against the finding that he was liable for €738,449 interest on a tax bill of €178,510 which has been due since the early 2000s. Mr Foley argued that the Criminal Assets Bureau was guilty of inordinate and inexcusable delay

A man who appealed against the High Court’s decision to grant summary judgment of €221,000 to Bank of Ireland Mortgage Bank has successfully argued that the bank provided insufficient details to be entitled to its claim. Chief Justice Frank Clarke said the obligation that “a defenda

A company seeking to develop a wind farm in Cork has lost an application for judicial review of a decision by An Bord Pleanála to refuse planning permission based on the “cumulative impact on landscape and visual amenity”. Dismissing the application, Mr Justice Garrett Simons said

Brothers who committed several aggravated burglaries around Northern Ireland have lost an appeal against the severity of their sentences. Upholding the sentences of seven years in custody and seven on licence, Lord Justice Ben Stephens said that the “stiff sentences” were not “mani

The Commissioner of An Garda Síochána has lost an appeal against an order quashing the decision to request the resignation of a Garda accused of sexual assault. Finding that the Commissioner was deficient in responding to the assertion that the Garda had pleaded guilty only on the basis of recei

The former Director of the Garda Juvenile Diversion Programme was “operating under an incorrect interpretation” of the Children Act 2001 in applying a blanket policy that once a juvenile offender reached the age of majority, they could not be admitted to the Diversion Programme irrespect

The Court of Appeal in Northern Ireland has refused to quash a sentence which it found to be unduly lenient because the Director of Public Prosecutions sought to advance an entirely new case on appeal – amounting to “conspicuous unfairness” to the respondent and to the trial judge.

The new statutory scheme providing for periodic payment orders (PPO) for plaintiffs with catastrophic injuries has been described as “a dead letter” in the High Court. Noting that the Courts did not have discretion to fix an increase other than that specified in the Harmonised Index