Case Reports

The Ministry of Defence has lost an appeal against the award of £15,000 compensatory damages and aggravated damages to the widow of Bernard McGuigan, who was shot dead on Bloody Sunday. Dismissing the appeal, Lord Justice Bernard McCloskey said that Mr McGuigan was capable of being a victim of

A man who was refused a short-term tenancy for a residential property has had his appeal to the High Court dismissed. Finding that the Circuit Court had not erred on a point of law, Mr Justice Garrett Simons said that the complainant was dissatisfied with the findings of fact made with regards his d

The UK Supreme Court has refused to accept an application from the Attorney General for Northern Ireland to refer what he said was a “devolution issue” under the Northern Ireland Act 1998. The Attorney General submitted that, by providing postcode lists to the Secretary of State, Norther

A woman who claims that the mortgage on her family home was executed without her knowledge or consent has successfully appealed an order for possession granted to Bank of Ireland Mortgage Bank. Finding that BOI had failed to establish that the woman was indebted to it in circumstances where she made

The State has successfully appealed against a finding of liability in a trip and fall case which resulted in an award of over €158,000 in general and special damages. Overturning the High Court’s finding that the State was liable due to movement in concrete slabs which created a trip haza

The decision taken by An Bord Pleanála to overturn planning permission granted to a Scientology-linked group for a drug rehab facility has been quashed in the High Court. Finding that the board’s decision was a collateral attack on an earlier decision made by Meath County Council, Mr Ju

A 22-year-old man has been given a six-year sentence for the “single-punch” manslaughter of a vulnerable man in Newcastle, County Down. Mr Justice Adrian Colton followed the sentencing guidelines in R v Quinn. Two other men who witnessed the incident were sentenced for related offences,

Dunne Stores have lost an appeal against the grant of a stay halting proceedings issued against a developer until the dispute between the parties is determined by an independent expert pursuant to the Development Agreement. Stating that Dunnes’ decision to challenge the role of the independent

A man who was convicted of raping his stepdaughter when she was a teenager has lost an application to appeal against his conviction. Dismissing the appeal, Lord Justice Ben Stephens said that the grounds of appeal, both individually and cumulatively, did not render the verdicts unsafe or engender a

A man who was dismissed from his position at a call centre in Cork has been awarded €20,000 in the Labour Court. Overturning the decision of the Workplace Relations Commission to dismiss the man’s claim, Chairman Alan Haugh found several issues with the disciplinary procedure which led to

A man who was employed as the manager of a supermarket has been awarded €19,000 in the Workplace Relations Commission after it was found that his employer showed no regard for the principles of fair procedures and natural justice in dismissing him after years of service. The employer sought to

A pharmaceutical company seeking to challenge the decision to grant marketing authorisation to a generic product nearly thirty years after its originator product entered the market, has had its judicial review proceedings dismissed in their entirety. Concluding that the relevant date for calculation

A group of companies seeking costs on the “solicitor and client” basis have had their application refused in the High Court. After setting out the legal principles that Courts should follow in considering the form of a costs order, Mr Justice David Barniville said the defendant’s r

A man who brought personal injuries proceedings against a motorist who drove into the back of his vehicle has lost a claim for aggravated damages which he said were necessary to show the Court’s disapproval for the conduct of the defence. Commenting that the “sting” of the “e

An application for the surrender of a man sought by Romania under a European Arrest Warrant has been refused in the High Court. Calling for modification of the European Arrest Warrant Act 2003, Mr Justice Donald Binchy said the man was benefitting from the Romanian Court’s decision to grant hi