Case Reports

The High Court has answered a consultative case stated concerning the validity of a fixed charge notice in circumstances where certain particulars were omitted therefrom. Delivering judgment for the High Court, Ms Justice Miriam O’Regan highlighted that “by virtue of the FCN the defendan

Northern Ireland’s Court of Appeal last week determined that the refusal of the Secretary of State to hold a public inquiry into the 1997 murder of Sean Brown was unlawful. Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan remarked that “the United Kingdom ha

The High Court has vacated an order attaching Enoch Burke's bank account in the sum of €79,100 in circumstances where the monies in the bank account were paid into the court’s fines account. Delivering judgment for the High Court, Mr Justice David Nolan remarked: “It is noteworthy t

The High Court has refused leave to bring judicial review proceedings challenging the justice minister’s refoulement decision in circumstances where an alleged risk of female genital mutilation (FGM) was not raised in her leave to remain or refoulement representations to the minister. Deliveri

The High Court has dismissed judicial review proceedings in respect of a data breach which allegedly compromised personal data on the applicant’s work phone. Delivering judgment for the High Court, Mr Justice Barry O’Donnell was satisfied that the clear import of the applicant’s co

The Court of Justice of the European Union (CJEU) has determined that changes to the UK’s ‘release on licence’ regime did not amount to the retroactive imposition of a heavier penalty such as to preclude the surrender of a man alleged to have committed terrorist offences in Norther

The High Court has refused to certify questions for appeal following its quashing of An Bord Pleanála’s decision to grant planning permission for the development of 131 apartments in Clontarf. Delivering judgment for the High Court, Mr Justice David Holland considered inter alia that th

The High Court has answered an appeal by way of case stated concerning whether the Tax Appeals Commission was correct to find that a quarry business had not transferred to a company incorporated for the purpose of operating that quarry business. Delivering judgment for the High Court, Mr Justice Bri

The Court of Appeal has dismissed an appeal concerning an allegedly champertous contingency fee arrangement between Revenue and its solicitors. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy agreed with the respondent that its fee arrangements were not champertous, that costs

The High Court has granted an injunction restraining the minister for justice from implementing a decision to suspend applications made by him on behalf of high net worth parties under the Immigrant Investor Programme. Delivering judgment for the High Court, Mr Justice Anthony Barr emphasised: &ldqu

The High Court has refused leave to appeal an order of certiorari quashing planning permission for a strategic housing development in Heuston South Quarter. Delivering judgment for the High Court, Ms Justice Emily Farrell found that none of the points raised by the notice party in relation to pleadi

The Court of Appeal has dismissed an appeal against conviction in respect of a continuum of abuse perpetrated against five sisters between 1986 and 2001 Delivering judgment for the Court of Appeal, Mr Justice Patrick McCarthy was satisfied that the trial judge had properly refused to sever the indic

The High Court has made a differential costs order against a woman who was the subject of domestic violence in circumstances where, being unable to secure the attendance of her doctors at trial, she failed to remit the proceedings to the Circuit Court. Delivering judgment for the High Court, Ms Just

The Court of Appeal has on appeal dismissed proceedings concerning the alleged mis-selling of a pension backed mortgage product as statute-barred. Delivering judgment for the Court of Appeal, Ms Justice Caroline Costello opined: “The damage the deceased suffered by entering into the transactio

The Court of Appeal has dismissed the government’s appeal against the High Court’s refusal to consider a preliminary issue as to whether the exercise of the executive power concerning the external security and relations of the State was justiciable. Delivering judgment for the High Court