The High Court has granted an order for post-accident discovery of a plaintiff’s medical records in a personal injuries action and reaffirmed the position that post-accident discovery may be granted in line with the usual rules of discovery. In making the order, the court clarified the decisio
Case Reports
The Court of Appeal has dismissed the appeal against conviction of a man who was found guilty of conspiracy to possess firearms, ammunition and explosives. The defendant, Mr Thomas Bates, was convicted in Clonmel Circuit Court after anonymous testimony was adduced from two Gardaí and a Federa
The Court of Appeal has rejected an appeal against the appointment of a receiver over a substantial property on the Dublin Quays. The defendant, Dengrove DAC, had appointed a receiver to sell the property after the plaintiffs, Mr Pat Ryan and Mr Phil Monaghan, failed to uphold the terms of a settlem
The Court of Appeal has upheld the validity of a homemade will despite the fact that several parts had not been properly executed by the testatrix. The deceased, Ms Mary McEnroe, had made her own will and had altered it before she died by scribbling out certain words so that they became illegible. T
The High Court has refused an application to remove the two inspectors appointed to investigate and report on the affairs of Independent News and Media plc. The proceedings were brought by Mr Leslie Buckley, a former director and executive chairman of the company. It had been contended that certain
The Supreme Court has dismissed an appeal brought by a convicted IRA member who claimed that his detention by gardaí was unconstitutional. The applicant, Mr Kevin Braney, had been arrested and detained by gardaí on suspicion of being a member of an unlawful organisation under the power
The High Court has ruled that a Commercial Court case will be heard using the remote hearing platform TrialView, despite objections from the defendant. The court considered the provisions of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which allows a court of its own motion to
A man who was found guilty of witness intimidation and assault has had his sentence increased by the Court of Appeal following an appeal by the Director of Public Prosecutions. The court said that it was satisfied that the four-and-a-half-year sentence imposed by the Circuit Court was unduly lenient
The Court of Appeal in Northern Ireland has dismissed the appeal of a man who tried to exclude a child rape acquittal from his Enhanced Criminal Record Certificate. The man, known as KC, applied to take up positions as a childcare assistant in a school and as a volunteer in a community organisation,
The Court of Appeal has allowed an appeal against a personal injuries award for a man who slipped and fell down set of steps at work. The plaintiff, Mr Terry Morgan, has been awarded €110,000 in the High Court for the accident. However, on Friday, the three-judge panel overturned the decision a
In a landmark judgment, the High Court has ruled in favour of four pub owners who claimed that FBD Insurance was required to cover their losses for the enforced closure of business during the coronavirus pandemic. Giving the judgment, Mr Justice Denis McDonald said that the proper interpretation of
The High Court has rejected an injunction application brought by a former Aer Lingus cabin crew member who was dismissed following a criminal charge for possession of cannabis and ecstasy. The plaintiff, Mr Lorcan Delaney, had failed to obtain a security authorisation card from the Dublin Airport Au
The Court of Appeal has ruled that a plaintiff can re-enter Commercial Court proceedings which were struck out on consent in 2011. The proceedings had been settled prior to trial under a written settlement agreement and included a clause that the case could be re-entered into the Commercial List if
The High Court has refused an application to grant An Bord Pleanála leave to appeal a decision to overturn a planning permission for high-rise accommodation in Finglas. The controversial development permission had previously been quashed in July 2020 by Mr Justice Denis McDonald, who had conc
The Court of Appeal has upheld a personal injuries award for a child who suffered lacerations to her hand while ice-skating at a seasonal pop-up ice rink. The child had been awarded €65,000 in the High Court after the judge determined that the ice rink had been overcrowded and poorly supervised