News & Insights
Revenue fee arrangement with solicitor not champertous
The Court of Appeal has dismissed an appeal concerning an allegedly champertous contingency fee arrangement between Revenue and its solicitors. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy agreed with the respondent that its fee arrangements were not champertous, that costs do not form part of the “proceeds” of litigation and that […]
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Court of Appeal: Ryanair loses appeal concerning dismissal of its proceedings against Italian competition authority
The Court of Appeal has dismissed Ryanair’s appeal of an order dismissing its proceedings against the Italian competition authority which arose out of an investigation of its offices in March 2024. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen determined that Ryanair’s claims were claims “in respect of the liability of the […]
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Court of Appeal upholds extension of Isaac Wunder Orders to Statutory Tribunals and Administrative Bodies
On 14 January 2025, the Court of Appeal delivered a significant judgment in relation to two appeals brought by a litigant-in-person (the “Appellant”), against her former employer, the Kildare and Wicklow Education and Training Board (the “Board”), and the Minister for Education and Skills (the “Minister”). Eversheds Sutherland LLP represented the Board in these proceedings. […]
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A Case Analysis: Raymond Nhembo v. Ulster University
The recent judgment in Raymond Nhembo v. Ulster University ([2024] NIKB 95) delves into the intricacies of legal jurisdiction and the procedural limitations imposed by statutory frameworks in Northern Ireland. This case, which revolves around allegations of racial discrimination in the academic context, provides a detailed exploration of the boundaries of judicial authority and the avenues available […]
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Catriona Crumlish v Health Service Executive – Court of Appeal
On Oct. 15th, The Court of Appeal upheld the High Court decision against Caitriona Crumlish in her claim against Letterkenny University hospital. The plaintiff alleged that there was a failure to detect and diagnose breast cancer in May 2017 resulting in an alleged delay in diagnosis of five months. The plaintiff sought in excess of […]
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Court of Appeal: Ulster Bank wins appeal against FSPO concerning borrowers’ entitlement to revert to tracker interest rate
The Court of Appeal has set aside two decisions of the Financial Services and Pension Ombudsman (FSPO) which found that borrowers were entitled to revert to their tracker interest rates having moved to fixed interest rates. Delivering judgment for the Court of Appeal, Mr Justice Charles Meenan recognised the incentive for mortgagors to move to […]
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Court of Appeal Reduces Personal Injury Award with No Order for Costs
In Collins v Parm & Ors IECA 150, the Court of Appeal adjusted a damages award for personal injuries, citing disproportionality and lack of adherence to guidelines.
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Court of Appeal slashes insurance award to comply with injury guidelines
Court of Appeal reduces damages award due to error of law. Guidelines for personal injury not followed. Detailed breakdown of case and final ruling provided.
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Court cuts €96k award for man’s injuries from truck rear-ending to €55k
Last November, Ms Justice Carmel Stewart awarded him €96,758. The award included €75,000 in general damages in relation to a shoulder injury he suffered and the judge “uplifted”, or increased, this by €15,000 for additional injuries. A further €6,758 was awarded in special damages for him to obtain orthopaedic surgery.
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Court of Appeal: Hotel appeal against wedding slip and fall award dismissed
The Court of Appeal has dismissed a Cork hotel’s appeal against a €91,000 general damages award to wedding guest who slipped and fell on a wet dancefloor.
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Court of Appeal Quashes PIAB Assessment due to Inadequate Information
In Wolfe v PIAB and Mater Misericordiae Hospital the Court of Appeal, overturning a High Court decision, has quashed an assessment made by PIAB and referred the matter back to it for re-consideration.
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Court of Appeal: Appeal from grant of summary judgment dismissed
The Court of Appeal has dismissed an appeal from orders granting summary judgment in which the appellant belatedly attempted to rely upon the O’Malley judgment. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy determined that whilst the appellant was entitled to apply to introduce a new ground of appeal based on Bank of […]
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