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Courts Service · 2003-02-28 · courts

Supreme Court upholds ruling that driveway arrest was unlawful

supreme court upholds ruling that driveway arrest was unlawful the dismissed director of public prosecutions’ appeal in a case stated concerning road traffic act charge after finding unlawful. alan molloy on his driveway. mccracken j., delivering judgment 28 february 2003, held because garda’s impli

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Courts Service · 2003-02-24 · courts

Supreme Court allows MIBI appeal over Limerick crash claim

supreme court allows mibi appeal over limerick crash claim the held that proof of an oil spill did not establish negligence by unidentified driver, a condition bureau’s liability under its agreement. [2002] iesc 16 allowed motor insurers bureau ireland (mibi) and dismissed liam rothwell’s arising fr

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Courts Service · 2003-02-24 · courts

Supreme Court restrains work affecting Carrickmines Castle remains without statutory consent

supreme court restrains work affecting carrickmines castle remains without statutory consent the granted interlocutory relief pending trial, based on evidence then before it, while leaving monument’s legal status and need for unresolved. [2003] iesc 15 has restrained dún laoghaire-rathdown county co

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Courts Service · 2003-02-21 · courts

Supreme Court overturns damages award for asbestos-related anxiety

supreme court overturns damages award for asbestos-related anxiety the allowed an appeal by commissioners of public works, holding that employers should not owe a duty care against psychiatric injury arising from fear asbestos disease alone. ireland works in case brought stephen fletcher, setting as

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Courts Service · 2003-02-21 · courts

Supreme Court dismisses appeal over Dungarvan power station licence

supreme court dismisses appeal over dungarvan power station licence the held that planning authorities could consider pollution risks when deciding whether to require an environmental impact statement. it also rejected a challenge concerning habitat assessment. has dismissed by collette o’connell in

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Courts Service · 2003-02-21 · courts

Supreme Court dismisses asbestos-exposure worker’s psychiatric injury claim

supreme court dismisses asbestos-exposure worker’s psychiatric injury claim the ruled that damages were unavailable for illness arising from a medically assessed very remote disease risk, while leaving employer’s negligence findings undisturbed. allowed an appeal by commissioners of public works and

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Courts Service · 2003-02-20 · courts

Supreme Court cuts compensation to €10,000 in Merrion Square land dispute

supreme court cuts compensation to €10,000 in merrion square land dispute the upheld developers’ entitlement for a registry mapping error but ruled that they could not recover substantial costs of earlier litigation. has reduced £10,000 payable persian properties limited after left company without o

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Courts Service · 2003-02-19 · courts

Supreme Court says evidence did not justify delay before breath-test demand

supreme court says evidence did not justify delay before breath-test demand the answered a case stated on facts it, finding prosecution had shown that defendant’s detention remained lawful when breath specimen was required. [2003] iesc 11 ruled established lawfulness of michael finn’s gardaí require

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Courts Service · 2003-02-19 · courts

Supreme Court rules 20-minute breath-test wait made detention unlawful

supreme court rules 20-minute breath-test wait made detention unlawful the answered two legal questions in a case stated, finding prosecution had not shown that garda observation period was reasonably necessary. it held resulting evidence inadmissible on facts before it. requirement rendered michael

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Courts Service · 2003-02-13 · courts

Supreme Court dismisses three Bula appeals in long-running bank dispute

supreme court dismisses three bula appeals in long-running bank dispute the upheld high court’s ruling on limitation issues, finding receiver’s possession of bula’s assets was authorised under parties’ agreements. it also dismissed over proposed amendments and further discovery. has brought by limit

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Courts Service · 2003-02-06 · courts

Supreme Court dismisses DPP appeal over charge tied to alleged assault in England

supreme court dismisses dpp appeal over charge tied to alleged assault in england the held that did not identify a specific irish offence and accused was properly before circuit for trial. has dismissed an by director of public prosecutions decision quash return trial anonymised on arising from sexu

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Courts Service · 2003-02-06 · courts

Supreme Court halts prosecution of woman after motorcycle was dismantled

supreme court halts prosecution of woman after motorcycle was dismantled the found that losing access to deprived deirdre mcgrath a reasonable prospect evidence answer dangerous-driving charge. it upheld separate decision allow james bowes’s proceed. [2003] iesc 9 restrained further gardaí released

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Courts Service · 2003-02-05 · courts

Supreme Court dismisses appeal in cerebral palsy birth injury case

supreme court dismisses appeal in cerebral palsy birth injury case the upheld high court’s dismissal of a negligence claim arising from 1978 delivery, finding trial judge was entitled to prefer defence expert evidence on when occurred. has dismissed an by darren purdy proceedings alleging that care

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Courts Service · 2003-02-05 · courts

Supreme Court dismisses appeal over 1995 bankruptcy adjudication

supreme court dismisses appeal over 1995 bankruptcy adjudication the upheld refusal to annul john gill’s bankruptcy, finding that his application came years too late and proposed new evidence was neither nor relevant. dismissed against a high adjudication. it also refused introduce further evidence,

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