Case Reports

The functions of the Charity Commission for Northern Ireland cannot lawfully be discharged by the staff of the Commission acting alone, the High Court in Belfast has ruled. Rejecting the Commission’s contention that there was express provision to delegate its functions as it found necessary, M

A man who was given a five-year custodial sentence for possession of a firearm has been granted a declaration that s.27A(8) of the Firearms Act 1964, which imposes a mandatory minimum sentence of five years, is repugnant to the Constitution. Concluding that the section should be struck down as uncon

A woman who objected to the Union Flag being flown at Omagh Courthouse on prescribed days has lost her appeal against the decision that the legislation did not breach the guarantee of parity of esteem under the Good Friday Agreement. Concluding that the legislation was not discriminatory, Mr Justice

A man who was convicted of sexually assaulting a six-year-old girl who attended his religious education class has had his sentence increased after the Director of Public Prosecutions appealed the sentence on grounds of undue leniency. Increasing the 14-month sentence to one of four-and-a-half years,

A man who was convicted of rape and indecent assault in 1996 has lost a challenge to the mechanism for reviewing notification requirements. Rejecting the application, Mrs Justice Siobhan Keegan was satisfied that the review mechanism was compatible with the European Convention of Human Rights, and t

A farmer who has had a receiver appointed over his payments from the EU under the Farm Single Payment Scheme since 2011 and its successor, the Basic Payment Scheme, since 2015 has lost his appeal to the Supreme Court. Finding that the farmer had not shown evidence of how the appointment of the recei

A man who brought proceedings against the State for negligence arising out of erroneous statements made in Sligo District Court by a member of An Garda Síochána can proceed with his claim. Finding that it was not clear that the State’s defence would prevail on the grounds of immu

The Court of Appeal has found that a High Court judge who struck out proceedings on the ground that they had been improperly constituted pursuant to the Rules of the Superior Courts was wrong in law to do so. Stating that it was clear from Order 84, rule 22(2A) that the presiding judge must not be n

The licence holder for a hotel in Toomebridge was entitled to apply for an occasional licence for a function room which had been de-licensed for under-age events, the Court of Appeal has ruled. In a case stated to the court, Lord Justice Seamus Treacy concluded that the Recorder of Londonderry was i

The Irish Bank Resolution Corporation (IBRC) has had its application for the trial of a preliminary issue of law refused in the High Court. IBRC contended that a woman's claim for damages in relation to alleged negligent investment advice was statute-barred. However, Mr Justice Senan Allen said the

The Court of Appeal in Northern Ireland has held that a District Judge in the Magistrates’ Courts was not correct in refusing to hear an application made by the Public Prosecution Service (PPS) asserting public interest immunity of a document sought for disclosure. Delivering the judgment of t

A former teacher awaiting prosecution for historic sexual offences against one of his pupils has lost his appeal to the Supreme Court in which he argued that his prosecution under section 11 of the Criminal Law Amendment Act 1885 was unconstitutional. By a narrow majority, Mr Justice Donal O’D

A man who was sentenced to twelve years' imprisonment for raping and sexually abusing his step-daughter over a period of seven years has lost an appeal against his conviction. Dismissing all five grounds raised by the man, Mr Justice Patrick McCarthy found, inter alia, that the trial judge had not e

The Court of Appeal has ruled that a District Judge of the Magistrates' Court did not have the power to refuse jurisdiction and commit an accused who had already pleaded guilty to the Crown Court. Lord Justice Seamus Treacy stated that, in circumstances where the accused had already elected for summ

A former lecturer at Trinity College Dublin who was made redundant at the beginning of the 2018/2019 academic year has been awarded €6,144 after it was found that he was unfairly dismissed. Finding that the lecturer had made an almost irresistible connection between the public outcry he created