Case Reports

The High Court has refused to grant an interlocutory injunction to allow the Irish Coursing Club (ICC) to hold races during Level 5 lockdown. The court said that it did not have jurisdiction to grant to injunction because the court would be directing the Minister for Health to legislate in prescribe

A High Court judge has criticised the reasoning of the Minister for Justice and Equality in a decision refusing protection for an LGBT asylum seeker. The applicant, known as Mr X, was refused permission to remain in the State despite claiming that he was bisexual and that he would be subjected to pe

The High Court has struck out a plaintiff’s action for damages arising from the sale of a property for failing to comply with a court order. The court said that the plaintiff simply ignored the court order and that it was proportionate in all the circumstances to dismiss the action. Applying t

The Court of Appeal has overturned a personal injuries award for a woman who was scalded by hot water after trying to make tea in a glass jug from Dunnes Stores. In the High Court, the plaintiff was awarded €56,000 after the trial judge held that the jug should have had a label to warn users no

The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. Howe

The High Court has found that a couple have established that there is a fair question to be tried as to the correct interpretation of a charge over their lands. Mr Justice Senan Allen heard an application by the registered owners of lands for an interlocutory injunction restraining the registered ow

The Court of Appeal has upheld a six-year sentence, with the final two suspended, handed down to a juvenile for dangerous driving that left a two-year-old with life-changing injuries. The judges adjusted another sentence handed down, and reduced the period of disqualification. Background

The Court of Appeal has dismissed an appeal against the renewal of a personal injuries summons and has confirmed the proper legal test for the renewal of a summons under the recent amendment to Order 8 of the Superior Court Rules in 2018. In a High Court application to renew a summons, it will be su

The High Court has granted summary judgment summary judgment against a defendant despite the defendant asserting a counterclaim for damages for breach of contract. The court described the defendant’s claim as “simply too vague” to stay the judgment and ordered that the defendant pa

The High Court has refused a renewed application for leave to apply for judicial review by a man, Dermot O’Callaghan, representing himself, who made the application by way of a written application submitted to the Central Office of the High Court. He is currently detained in Mountjoy Prison. B

The Court of Appeal has upheld the judgment of the High Court granting certiorari of refusal of a residence card. The appeal was from the judgment of Mr Justice Max Barrett who granted an order of certiorari in favour of Md. Jabed Miah referring his application for an EU residence card back to the M

The High Court has found that two plaintiffs are entitled to the costs of an interlocutory application. However, as there is ongoing litigation between the parties, the judge held that they would hear submissions, and was prepared to stay the execution of that order pending the trial. Background

The High Court has granted an order for full costs despite the applicants only being partially successful in their judicial review proceedings. The court considered the case to be one of “general public importance”, raising significant issues regarding journalistic privilege and freedom

The Court of Appeal has dismissed an appeal against a rape conviction in which the defendant claimed that the trial judge had erred by allowing more than one “recent complaint” witness. Giving the judgment of the Court, Mr Justice John Edwards described the situation as “somewhat u

In an “unhappy case in which a family has relocated from a non-EU/EEA state to Ireland, where things have not gone well thus far”, the High Court has held that it is not within its jurisdiction to vary a barring order ordered by the District Court in the manner sought by the man subject