Case Reports

Lewis Silkin lawyers Ciara Fulton and Orla Bingham consider the employment law landscape in Northern Ireland. Proposals for the introduction of miscarriage leave and ‘safe leave’ for victims of domestic abuse have recently been announced in Great Britain. These rights have been pending i

The Court of Appeal has determined that where a person subject to a suspended sentence is convicted of a further offence within their period of suspension, the court passing sentence for the new offence must, in the same sitting, remand that person to the original court which imposed their suspended

Northern Ireland’s Court of Appeal has provided sentencing guidance on the new offence of "non-fatal strangulation" (NFS). Delivering judgment for the Court of Appeal, Lord Justice Seamus Treacy remarked that “it is the duty of sentencing judges in Northern Ireland to give effect to the

The High Court has granted an order of certiorari in respect of the decision to revoke the residence card of a Pakistani national alleged to have engaged in a ‘marriage of convenience’ with a Latvian national in the State. Delivering judgment for the High Court, Ms Justice Sara Phelan ex

The High Court has opined on the failure to implement reforms suggested in the 2020 Kelly report as it refused to order discovery of documents which were likely already in the possession of the applicant party, finding that discovery thereof would not be "necessary". Delivering judgment for the High

The High Court has refused to grant leave for judicial review of a judge’s refusal to recuse herself due to allegations of bias and of an order lifting the in camera rule. Delivering judgment for the High Court, Ms Justice Mary Rose Gearty explained: “At its height, this is a case in whi

The High Court has granted a conditional order of garnishee against Enoch Burke’s salary to satisfy outstanding fines of €79,100 to the State. Delivering judgment for the High Court on Friday, Mr Justice David Nolan observed that “there is no reason in principle why the court cannot

The High Court has awarded damages of €83,563.97 to a man who suffered lumbar and leg injuries in a rear-ending collision in 2020. Delivering judgment for the High Court, Ms Justice Emily Egan found that the plaintiff’s refusal to undergo an epidural injection due to his fear of needles w

Northern Ireland’s High Court has declared that a man who was registered as the father of a child did not acquire parental responsibility of that child where he and the mother had perjured themselves. Delivering judgment for the High Court, Mr Justice David McFarland determined that “AB,

The High Court has made an order committing Oleksi Oleksiyovych Lytvynenko to prison to await his extradition to stand trial for his part in a ransomware conspiracy. Delivering judgment for the High Court, Mr Justice David Keane determined that the application met all of the proofs prescribed by s.2

The High Court has awarded €40,000 to a gas and plumbing company for defamatory reviews posted online by a disgruntled customer. Delivering an judgment for the High Court, Mr Justice Conleth Bradley remarked that the untrue words describing the company “as 'cowboys', 'gangsters', 'absolut

The Court of Appeal has imposed a custodial sentence on ex-Defence Forces member Cathal Crotty having quashed his suspended sentence for savagely attacking Natasha O’Brien in May 2022. Delivering an ex tempore judgment for the Court of Appeal in January, which was published online yesterday, M

The Supreme Court has dismissed a mother’s appeal against the refusal by the minister for foreign affairs to grant an Irish passport to her child born in Ireland in 2019. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly determined that while the appellant’s mother &l

The Supreme Court has dismissed an appeal concerning Mr Justice Charles Meenan’s refusal to recuse himself where fresh allegations of objective bias were made on the basis of his son’s employment in Arthur Cox LLP, the firm on record for the respondents. Delivering judgment for the Supre

The High Court has refused to stay Irish defamation proceedings against CNN on the basis that the plaintiffs should have issued proceedings in Washington DC, finding that the plaintiffs acted reasonably in issuing proceedings solely in Ireland. Delivering judgment for the High Court, Mr Justice Garr