Case Reports

The Court of Appeal has ruled that Aer Arann must pay more than €3.2 million to the State arising from a finding of unlawful State aid. The EU Commission had previously determined that an air travel tax imposed by the State conferred a competitive advantage to Aer Arann in contravention of Art

Northern Ireland's High Court has directed that an investigation into the 1998 Omagh bombing that is compliant with Article 2 of the European Convention on Human Rights should be carried out following a judicial review. The application for judicial review was brought in 2013 by Michael Gallagher, th

The High Court has held that an executor of a will was entitled to his costs after a plaintiff brought legal proceedings seeking his removal. The plaintiff had claimed that the defendant, who was a solicitor, had delayed in administering the estate and had failed to properly manage the assets. On th

The Court of Appeal has allowed an appeal against conviction for a man accused of an offence contrary to s.15 of the Misuse of Drugs Act 1977. The court held that the jury had not been properly charged in relation to the inference-drawing provisions of the Criminal Justice Act 1984 in circumstances

The High Court has determined that the legal costs of an employment injunction application should be costs in the cause after the motion was rendered unnecessary. The plaintiff had sought to be reinstated by his employer following his suspension on full pay during an ongoing investigation. However,

The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence. The court held that it was “surprising and unfortunate” that the trial judge failed to recognise that

The High Court has decided to quash a planning decision relating to an incinerator in Cork based on a finding of objective bias in the planning process before An Bord Pleanála. The court decided that an order of certiorari would be granted in the case, but refused to quash the decision simpli

Northern Ireland's High Court has rejected an application to stay civil claims against an alleged Provisional IRA member and informer until after a one-million-page report into criminal activity is published, ruling that “stagnation is not an option”. The interlocutory application querie

The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injurie

Certain provisions of bills passed by the Scottish Parliament are outside its legislative competence, the UK Supreme Court has ruled. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC) and the European Charter of Local Self-Government (Incorporation) (Sc

The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000. While the court agreed that the accident in the proceedings was “horrendous”, the court held that the

The Supreme Court has determined that an accused man was entitled to €5,000 in compensation from the State as a result of “systematic delays” in the appeal process which delayed his hearing. The man’s appeal had been adjourned on five occasions between 2011 and 2013 in the Cou

Northern Ireland's High Court has dismissed an application to strip away a father’s parental responsibility towards his daughter despite evidence of domestic and sexual abuse towards her mother in the child's presence. An application was brought by the child, RE’s, mother under Article 7

The UK Supreme Court has dismissed an appeal by a Vietnamese asylum seeker challenging a decision of an immigration tribunal under fast-track procedure rules that were found to be structurally unfair to refuse her application. The appeal on behalf of TN challenged the validity of a decision made und

The English Intellectual Property Enterprise Court has rejected a claim for trade mark infringement by a self-described “spiritual and holistic therapist” who claimed that another holistic therapist had been using her mark to market online courses and upheld a counterclaim of passing off