Case Reports

An appeal by the Commissioner of the Metropolitan Police over the nature of the duty to investigate ill-treatment amounting to a violation of article 3 of the ECHR has been unanimously dismissed by justices in the Supreme Court. Lord Kerr gives the main judgment, with which Lady Hale agrees. Lord Ne

A man from Cork who was convicted of murder by a unanimous jury verdict has had his conviction quashed on appeal. Finding that the trial judge had erred in law in allowing the jury to visit the rubbish chute that the man had pushed the deceased into, Mr Justice Mahon said it was of greater concern t

A former member of An Garda Síochána whose case against the Commissioner of An Garda Síochána was described as one of the saddest to come before the Court of Appeal since it was established, has lost her appeal against the order of the High Court dismissing her claim at the conclusion of her evi

The Minister for Arts, Heritage and the Gaeltacht has successfully appealed a decision of the High Court which designated certain streets and street alignments associated with the 1916 Rising as National Monuments for the purposes of the National Monuments Act 1930. Stating that such designations we

Gerry Adams has lost an appeal against his convictions in the 1970s, which he claimed were invalid due to the fact that they had been signed by the Minister of State for the Northern Ireland Office, and not the Secretary of State – which he contended was required by the legislation. Dismissing the

The State has successfully appealed orders of the High Court which overturned a Circuit Court decision regarding the interpretation of “ownership” under the Police Property Act 1897. Finding that the Circuit Court had correctly interpreted the statute, Mr Justice Sean Ryan, President of the Cour

A woman who petitioned for her own bankruptcy in 2016 has had her period of bankruptcy extended for nine months for failing to disclose assets of €8,000 which comprised loans and gifts given to her children. Stating that there was “grounds for disquiet” due to the extent of the woman’s discr

A couple who have been involved in various protracted proceedings against the State, which in this case include a further 21 named individuals, have lost their appeal against a 2010 High Court order. The couple submitted that the High Court judge was incorrect to strike out their motion for judgment

The Minister for Agriculture, Ireland, and the Attorney General have lost their appeal against a finding of liability for economic loss resulting from negligent advice given to commercial fishermen, which caused their arrest and a fine for engaging in commercial scallop fishing. Upholding the findin

The Garda Representative Association (GRA) have lost their appeal to the Supreme Court regarding the legality of sick leave Regulations introduced in 2014. The GRA argued that there was a legal entitlement to be consulted prior to the making of regulations which significantly reduced the level of re

The Pro Life Campaign have had their application to participate as an amicus curiae in an appeal involving Article 40.3.3 of the Constitution refused by the Supreme Court. Stating that the present action concerned a “pure issue of law” and that no “medical or social” issues were to be determ

A hospital in Cork subject to a personal injury claim from a man who contracted MRSA in 2005 has had its appeal dismissed in the Court of Appeal. The Hospital argued that the personal injury summons issued in 2008 was statute barred pursuant to the Statute of Limitations (Amendment) Act 1991, howeve

In a test case which impacts “some 400” pending cases, the High Court has ruled that debtors have a right to directly engage in the review by the Court of a proposed Personal Insolvency Arrangement (PIA). Finding that the Personal Insolvency Acts 2012 to 2015 did not envisage that the Personal I

A man who violently assaulted a two-year-old child by punching her in the head "with extreme force", has lost an appeal against the severity of his sentence. Finding that the starting-point of 16 years was "stiff but not manifestly excessive", Lord Chief Justice Morgan noted that the appellant had a

The Supreme Court has referred a question to the CJEU regarding the effect of Brexit on EU citizens who have been ordered for surrender to the UK. Delivering the judgment of the five-judge Court, Chief Justice Frank Clarke said that the issue raised by a man whose surrender had been ordered by the H