Case Reports

Section 17 of the Scottish Parliament's ‘Brexit Bill’ – which requires Scottish Ministers’ consent to certain subordinate legislation – is ultra vires of the Scotland Act, which it would modify, though the bill is not entirely outwith the devolved legislature's competen

Brothers who alleged "conspiracy, fraud and Masonic influence" in challenging the terms of a settlement agreement and their liability to pay a former partner over €650,000 on foot of the agreement perfected in the High Court in 2008 have been found liable to their former partner for the sum owe

A former school bus driver and youth club leader who was convicted of indecent assault and gross indecency with a child has lost an appeal against his conviction in the Court of Appeal. The victim, who was 11 when the abuse began, died before the case came to trial – however the prosecution re

A pharmacy group which sought to enter into a CPC Agreement with the Health Service Executive in respect of a new pharmacy in Dublin has had its application for judicial review refused in the High Court. Due to inspections carried out at two other pharmacies owned by the group which alleged, inter a

Stating that "the chilling effect on privacy and the rights of free expression and association by actual, feared and mandatory surveillance cannot be underestimated", Mr Justice Tony O’Connor has found that sections of the Communications (Retention of Data) Act 2011 are inconsistent with EU la

Two Athenry residents who object to the planning permission granted by An Bord Pleanála for development of an Apple data centre and associated grid connection have been permitted to argue both for the position adopted in the High Court that there is an obligation to carry out a full EIA on th

A woman who brought a personal injury claim against Dunnes Stores, where she worked as a sales assistant when she fell from the second step of a ladder in 2014, has had her claim dismissed in the High Court. Finding that the woman's testimony was "fundamentally undermined" by CCTV footage shown in C

A convicted murderer who argued that the judge in his trial should have given an accomplice warning to the jury in relation to evidence from one of the key prosecution witnesses has lost his appeal to the Supreme Court. Dismissing the appeal, Mr Justice Peter Charleton said that the decision no

A man who was convicted on several counts of serious offences including rape is entitled to receive €10,000 compensation after the statutory provision which allowed his state pension to be withheld was declared unconstitutional. The Supreme Court said that he was not automatically entitled to d

An application by two retired police officers challenging the Police Ombudsman’s report into the Loughinisland massacre has been dismissed in the High Court. Emphasising the independence of the office of the Police Ombudsman for Northern Ireland and its obligation to investigate, Mrs Justice S

Parents who lost custody of three of their children pursuant to wardship and return orders made in England and enforced by orders of the High Court have successfully appealed against a later decision which held that their right to appeal was out of time. Stating that purported service of the notice

A man who entered the state illegally in 2004, and made over €30,000 in false welfare claims prior to acquiring Romanian nationality in 2016, has had his application for judicial review refused in the High Court. Refusing to quash the removal and exclusion orders made against him, Mr Justice Ma

A 68-year-old man who was knocked off his bicycle when he attempted to enter an access road from a pedestrian pathway has had his claim for personal injuries dismissed. Concluding that the real and proximate cause of the accident was the man's use of the pedestrian pathway as a cycleway and his fail

A woman who had her application for criminal injury compensation refused due to the "same household rule" has succeeded in the Northern Ireland Court of Appeal. Dismissing the cross-appeal brought by the Department of Justice, the Court said that there was "no justifiable, rational or lawful ground

The Minister for Justice and Equality must reconsider a family reunification case after the High Court found six key administrative law deficiencies in the decision-making process. Two children, residing in Ethiopia with their elderly father, submitted applications for "join family" visas so that th