A man has failed in his attempt to have section 3(2) of the Offences Against the State (Amendment) Act 1972 declared unconstitutional. The provision allows as evidence the belief of a Chief Superintendent of An Garda Síochána that a person accused of the criminal offence of membership of the Irish
Case Reports
The Supreme Court has upheld the High Court’s decision to allow an affidavit by the Senior Relationship Manager with the Global Restructuring Group of Ulster Bank as sufficient evidence of a loan which had been defaulted on by Messrs Rory O’Brien, Danny O’Brien and Michael McDermott, as to jus
The Court of Appeal has allowed an appeal by the Board of Management of St. Anne’s School, which challenged the awarding of €255,276 in damages to Ms Una Ruffley on foot of her claim for bullying and harassment during her employment as a special needs assistant at St. Anne’s School. The case c
The High Court has granted a non-suit in a case where infringement of copyright was alleged in sound recordings played in the Savoy Nightclub and Theatre in Cork City. The court found in favour of the second defendant, Mr Jonathan Bourke, in the case brought by Phonographic Performance (Ireland) Ltd
An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”. A judge in the Court of Session in Edinburgh ruled that the Secretary of State fo
The High Court has found that the detention of a father for contempt of court, arising due to non-payment of child maintenance, is unlawful. The father, identified as Mr B, was placed in detention on the 3rd of December by the Circuit Court, for a period of three months or until he paid the sum of
in complex and lengthy mediation, meant that an Order was in this case inappropriate.
Louis Maguire has lost his appeal against his conviction for murder and arson with intent to endanger life, after arguing that he had not received a fair trial, due in part to being unrepresented for a large part of the trial. Mr Maguire was found guilty in 2006 of the murder of Mr David Barnes, and
The Court of Appeal has allowed a case concerning contaminated horse feed to proceed to trial despite the inordinate and inexcusable delay of the plaintiff, finding that the balance of justice did not favour the dismissal of the proceedings. The plaintiff company, William Connolly and Sons Ltd Tradi
of the Respondent at this time”. When the judicial review proceedings arrived, it emerged that the District Judge had made a number of additional orders when granting the license, including placing a ‘warning note’ on the file, warning other judges about Mr Kilty’s role in the proceedings,
The High Court has lifted an automatic suspension which had prevented the National Treasury Management Agency and Minister for Education and Skills from concluding a contract for the construction of a new DIT campus at Grangegorman. The automatic suspension had resulted from judicial review proceedi
A young woman suffering from a borderline emotionally unstable personality disorder has been found to have legal capacity to make decisions about her own care and is to be released from involuntary detention in a heath facility in Scotland and returned to Ireland. The woman, identified as KW, has a
A woman who sought judicial review of a decision of the Refugee Applications Commissioner on the grounds the Commissioner did not have regard to her status as a victim of human trafficking has had her application refused. The woman, identified as C.C., is a native of Nigeria. She holds that she left
A woman convicted of the murder of two individuals has had her application to nullify the abandonment of her appeal in respect of one of the murders rejected. The applicant, Mrs Hazel Stewart, was convicted of the murder of her former husband Mr Trevor Buchanan, and the wife of her former partner,Le
The High Court in Northern Ireland has found that the outright ban on abortion breaches Article 8 of the European Convention on Human Rights, in that it denies women and girls who are victims of rape and incest, as well as those suffering from fatal foetal abnormalities access to legal abortions. Th