Case Reports

The High Court has imposed a costs order for judicial review proceedings against Cork City Council, the notice party, on the basis that it “actively invoked, exploited and endorsed an unlawful system of taxation of costs” drawn up by the Cork County Registrar. The applicant had challenge

The High Court has acceded to an application brought by a defendant to have a case heard in Hong Kong pursuant to an exclusive jurisdiction clause. The court determined that a sea waybill produced by the defendant was “excellent evidence of contractual terms” and that no proper controver

The Crown Court has determined that interview evidence gathered by the Historical Enquiries Team cannot be used against two paratroopers charged with the murder of Joe McCann in 1972. The ruling led to the collapse of the murder trial for Soldier A and Soldier C because the interview evidence was th

The Supreme Court has upheld the admissibility of certain surveillance evidence which was used to convict members and associates of the IRA. In so ruling, the court determined that section 10 of the Criminal Justice (Surveillance) Act 2009 did not require the Minister for Justice to individually aut

The High Court has quashed a decision by the International Protection Appeals Tribunal (IPAT) which refused protection for two Albanian nationals claiming to be the victims of political violence. The court held that the IPAT decision was flawed for several reasons, including that certain findings re

The High Court has quashed the refusal of an international protection application brought by a woman who claimed that she would be subjected to female genital mutilation if returned to Sierra Leone. The court determined that the International Protections Appeal Tribunal did not provide adequate reas

The Court of Appeal has rejected a defendant’s application to adduce further grounds of appeal relating to the particularisation of the debt in summary judgment proceedings. The defendant attempted to adduce new grounds of appeal based on the important decisions in Bank of Ireland Mortgage Ban

The High Court has delivered a further judgment in the landmark FBD case involving publicans claiming insurance cover for losses arising from the pandemic. In this second case, the court outlined that cover would be available for partial closures of the pubs’ premises due to the pandemic, rath

The Court of Appeal in Northern Ireland has allowed an appeal against a decision by the High Court to adjourn a case arising from the Renewable Heat Initiative (RHI) scheme. The case had previously been adjourned to allow for further legislation to be enacted which might have disposed of the applica

The High Court has decided to refer a point of EU law to the CJEU regarding an access to information claim brought by the information activist group Right To Know CLG (RTK) against the Taoiseach. Specifically, it was claimed that the applicant was entitled to certain greenhouse emissions information

The High Court has ruled that a hotel is not covered for losses from the Covid-19 pandemic under a policy of insurance. The court was asked to interpret an AXA policy which provided certain indemnities for closures resulting from specified diseases and sanitary requirements. The plaintiff also argue

The Court of Appeal has overturned a €56,000 award for a damaged finger on the basis that the plaintiff failed to prove the case that was pleaded and presented to the trial judge. The court said that the “essential basis upon which the trial judge held the defendants to be negligent was n

The Court of Appeal has dismissed an appeal brought by the Commissioner of An Garda Síochána against an award of damages for false imprisonment, rejecting arguments that damages for unlawful detention could not be awarded where the plaintiff would have been lawfully detained if correct

The Court of Appeal has overturned an €80,000 award in damages for psychiatric injury for an electrician who avoided being electrocuted when trying to repair a street light. The court ruled that the plaintiff failed to properly satisfy the test set out in Kelly v. Hennessy [1995] 3 IR 253 becau

The Supreme Court has confirmed the final orders in the recent landmark decision regarding the constitutionality of the Workplace Relations Commission procedures. The court determined that the applicant was entitled to the full costs in both the Supreme Court and High Court. In making the decision,