Case Reports

A man who was convicted of murdering another in Crumlin in 2001, has successfully appealed his conviction on the basis that the trial judge made impermissible comments to the jury that could have been construed as advocating the prosecution case. In the five-judge Supreme Court, the appeal was allow

The Minister for Health and Children has partially succeeded in an appeal to the Supreme Court, which was based on the statutory interpretation of the Hepatitis C Compensation Tribunal Acts 1997-2006. Delivering the unanimous decision of the five-judge Court, Mr Justice William McKechnie found the t

Price Waterhouse Cooper have been granted leave to appeal the decision of the Court of Appeal, which had limited the extent of particulars to be provided by Quinn Insurance Limited (Under Administration) in their action for damages. In proceedings involving an allegation of up to €800m in damages

State Authorities have lost an appeal against an order of certiorari, quashing a determination of the Sea Fisheries Authority, which had held that a fishing company had seriously infringed the regime established under the Common Fisheries Policy. In accordance with a companion case in which it was f

Permanent TSB plc has successfully appealed a finding which held that the Circuit Court did not have jurisdiction to make possession orders in relation to 6 properties on which mortgage payments had been defaulted. Giving the unanimous judgment of the five-judge Supreme Court, Chief Justice Clarke h

A 22-year-old woman seeking damages from her grandparents for sexual assaults she suffered at the hands of her grandfather while in their care has been granted an application for discovery of his psychiatric records. The woman has also been granted discovery of conveyancing documents for three prope

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year, the Court of Justice of the European Union has ruled. A Colombian national, who was granted a long-term r

A man who sought to claim damages of up to €60,000 for personal injuries in a case that was described “at best an exaggerated claim and at worst an opportunistic attempt to manufacture a personal injury claim against an innocent motorist”, has had his appeal to the High Court dismissed. Agreei

A 66-year-old man who was employed as a machine operator for Gallaher Limited from October 1998 until its Ballymena factory closed this year claimed he was discriminated on the grounds of his age. Rejecting the argument put forward by Gallaher Ltd that the means adopted were proportionate and necess

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon and this does not, in principle, go beyond what is necessary to preserve the luxury image of the goods. Coty Germany sells luxury cosmetic goods in Germany.

A man who was convicted of two counts of sexual assault on a child under 13 contrary to Article 14 of the Sexual Offences (Northern Ireland) Order 2008 has successfully appealed his conviction. Giving the judgment of the three-judge Court, Stephens LJ stated that there was a failure on the part of t

A man described as someone who worked in manual labouring jobs all his life, and who broke his ankle on the front porch of a house he rented from Sligo County Council, has been awarded €105,650 in damages. Mr Justice Barr accepted the evidence of the man’s engineer that the tiles used on the fro

A solicitor who applied to the High Court for an injunction restraining ByrneWallace from dismissing him from his position as an associate solicitor, and for an order that ByrneWallace continue to pay his salary and other emoluments pending the trial of the action, has had his application rejected b

A woman who was awarded €121k for injuries sustained when another driver backed into the side of her car has had her award of damages reduced to €69k in the Court of Appeal. Delivering the judgment of the Court, Ms Justice Irvine found that the amount awarded was excessive to the point that it m

A man accused of breaching the terms of his contract with his former employer, by “assisting recruitment” and supplying confidential information to the company he moved to, has been ordered to make discovery of all documents “reasonably available to him by means of a data subject access reques