Case Reports

The Supreme Court has dismissed an appeal brought by a convicted IRA member who claimed that his detention by gardaí was unconstitutional. The applicant, Mr Kevin Braney, had been arrested and detained by gardaí on suspicion of being a member of an unlawful organisation under the power

The High Court has ruled that a Commercial Court case will be heard using the remote hearing platform TrialView, despite objections from the defendant. The court considered the provisions of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which allows a court of its own motion to

A man who was found guilty of witness intimidation and assault has had his sentence increased by the Court of Appeal following an appeal by the Director of Public Prosecutions. The court said that it was satisfied that the four-and-a-half-year sentence imposed by the Circuit Court was unduly lenient

The Court of Appeal in Northern Ireland has dismissed the appeal of a man who tried to exclude a child rape acquittal from his Enhanced Criminal Record Certificate. The man, known as KC, applied to take up positions as a childcare assistant in a school and as a volunteer in a community organisation,

The Court of Appeal has allowed an appeal against a personal injuries award for a man who slipped and fell down set of steps at work. The plaintiff, Mr Terry Morgan, has been awarded €110,000 in the High Court for the accident. However, on Friday, the three-judge panel overturned the decision a

In a landmark judgment, the High Court has ruled in favour of four pub owners who claimed that FBD Insurance was required to cover their losses for the enforced closure of business during the coronavirus pandemic. Giving the judgment, Mr Justice Denis McDonald said that the proper interpretation of

The High Court has rejected an injunction application brought by a former Aer Lingus cabin crew member who was dismissed following a criminal charge for possession of cannabis and ecstasy. The plaintiff, Mr Lorcan Delaney, had failed to obtain a security authorisation card from the Dublin Airport Au

The Court of Appeal has ruled that a plaintiff can re-enter Commercial Court proceedings which were struck out on consent in 2011. The proceedings had been settled prior to trial under a written settlement agreement and included a clause that the case could be re-entered into the Commercial List if

The High Court has refused an application to grant An Bord Pleanála leave to appeal a decision to overturn a planning permission for high-rise accommodation in Finglas. The controversial development permission had previously been quashed in July 2020 by Mr Justice Denis McDonald, who had conc

The Court of Appeal has upheld a personal injuries award for a child who suffered lacerations to her hand while ice-skating at a seasonal pop-up ice rink. The child had been awarded €65,000 in the High Court after the judge determined that the ice rink had been overcrowded and poorly supervised

The High Court has refused to grant an interlocutory injunction to allow the Irish Coursing Club (ICC) to hold races during Level 5 lockdown. The court said that it did not have jurisdiction to grant to injunction because the court would be directing the Minister for Health to legislate in prescribe

A High Court judge has criticised the reasoning of the Minister for Justice and Equality in a decision refusing protection for an LGBT asylum seeker. The applicant, known as Mr X, was refused permission to remain in the State despite claiming that he was bisexual and that he would be subjected to pe

The High Court has struck out a plaintiff’s action for damages arising from the sale of a property for failing to comply with a court order. The court said that the plaintiff simply ignored the court order and that it was proportionate in all the circumstances to dismiss the action. Applying t

The Court of Appeal has overturned a personal injuries award for a woman who was scalded by hot water after trying to make tea in a glass jug from Dunnes Stores. In the High Court, the plaintiff was awarded €56,000 after the trial judge held that the jug should have had a label to warn users no

The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. Howe