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Courts Service · 2004-12-21 · courts

High Court quashes Roscommon council refusal to extend planning permission

high court quashes roscommon council refusal to extend planning permission the found had relied on alleged non-compliance with permission, a matter outside statutory test. it did not decide whether development complied permission. [2004] iehc 396 has quashed county council’s after finding an imprope

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Courts Service · 2004-12-21 · courts

O’Donoghue awarded €8,991.60 over delay in receiving legal aid

o’donoghue awarded €8,991.60 over delay in receiving legal aid the high court found that a 25-month wait breached marie o’donoghue’s constitutional entitlements to effective access courts and fair procedures. it damages but rejected her statutory-duty negligence claims against board. [2004] iehc 413

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Courts Service · 2004-12-21 · courts

High Court grants limited leave to challenge deportation order’s missing destination

high court grants limited leave to challenge deportation order’s missing destination the rejected most grounds at stage, but allowed applicant pursue one challenge: that order did not specify a destination. [2004] iehc 400 has granted vasile lupascu order, based on failure refused other reliefs soug

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Courts Service · 2004-12-21 · courts

High Court quashes refusal to revoke father’s deportation order over failure to consider child’s rights

high court quashes refusal to revoke father’s deportation order over failure consider child’s rights the set aside concerning r.c. and ordered minister reconsider it, but declined separate challenge brought by a.c. t.c. [2004] iehc 399 quashed for justice’s r.c.’s because decision did not take accou

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Courts Service · 2004-12-21 · courts

High Court restricts four former directors of insolvent telecoms company

high court restricts four former directors of insolvent telecoms company the found had not shown they acted responsibly in managing 360atlantic (ireland) limited. it ordered five-year restrictions, which said were mandatory at this stage. [2004] iehc 410 imposed restrictions on limited, finding that

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Courts Service · 2004-12-21 · courts

High Court grants leave to challenge refusal of further asylum application

high court grants leave to challenge refusal of further asylum application the found arguable grounds concerning a south african woman’s hiv-related claims, an alleged error in earlier tribunal decision and evidence about rape prosecutions. it did not decide judicial review itself. [2004] iehc 398 g

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Courts Service · 2004-12-21 · courts

High Court finds hospital and surgeon negligent after tracheostomy displacement

high court finds hospital and surgeon negligent after tracheostomy displacement the found that no appropriately trained person was available to replace a displaced tube, held both defendants legally responsible. it made damages order in supplied judgment text. [2004] iehc 416 beaumont professor mich

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Courts Service · 2004-12-21 · courts

High Court restricts two former directors of 360networks Ireland

high court restricts two former directors of 360networks ireland the found had not shown they responsibly managed company’s affairs as a separate irish entity and made restriction declarations sought. [2004] iehc 412 declared patrick coughlan stephen lake restricted under section 150 companies act 1

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Courts Service · 2004-12-20 · courts

Supreme Court allows appeal over risk of unfair trial linked to missing desk

supreme court allows appeal over risk of unfair trial linked to missing desk geoghegan j. would prohibit the and bar further prosecution steps, relying solely on alleged inability produce where offending conduct was said have occurred. allowed pl’s substituted orders prohibiting her honour judge but

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Courts Service · 2004-12-20 · courts

High Court upholds service on one Ryan defendant but dismisses claim against his father

high court upholds service on one ryan defendant but dismisses claim against his father the ruled that leonard was sufficient after finding he had deliberately evaded it, set aside desmond ryan, who in canada, and dismissed proceedings him because limitation period expired. [2004] iehc 408 has a per

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Courts Service · 2004-12-20 · courts

High Court refuses challenge to Bord na gCon tote contract award

high court refuses challenge to bord na gcon tote contract award advanced totes argued that the procurement process was unfair. found board’s only decision before re-tender reject all tenderers’ pricing proposals, and refused relief sought. [2004] iehc 415 has limited’s application overturn gcon’s o

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Courts Service · 2004-12-20 · courts

Supreme Court stops trial over alleged school abuse dating back nearly four decades

supreme court stops trial over alleged school abuse dating back nearly four decades [2004] iesc 110 by clara finn the has stopped prosecution of a retired teacher on eight indecent assault charges arising from allegations said to date almost decades. p.l., then aged 76, was accused former pupil b.l.

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Courts Service · 2004-12-20 · courts

Supreme Court bars trial on charges tied to alleged 1960s abuse

supreme court bars trial on charges tied to alleged 1960s abuse the allowed an appeal by a former primary-school teacher, citing real risk fairness because disputed classroom desk was no longer available. judges differed whether delay alone also justified stopping case. p. l. and ordered that his re

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Courts Service · 2004-12-20 · courts

High Court refuses annulment petition over husband’s alleged deception and incapacity

high court refuses annulment petition over husband’s alleged deception and incapacity the found that petitioner’s difficult marriage her conduct did not establish grounds to annul marriage. [2004] iehc 409 (matrimonial) has refused a woman’s marriage, ruling evidence husband lacked capacity marry or

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Courts Service · 2004-12-20 · courts

High Court awards plaintiff most costs after rejecting late €300,000 settlement offer as basis for costs penalty

high court awards plaintiff most costs after rejecting late €300,000 settlement offer as basis for penalty in a judgment, the said came too and left uncertain. was awarded proceedings’ costs, subject to specific exceptions. [2004] iehc 406 has denis murnaghan of his proceedings against markland hold

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Courts Service · 2004-12-17 · courts

Supreme Court dismisses appeal over €845,786 bank judgment

supreme court dismisses appeal over €845,786 bank judgment the upheld a high order for anglo irish against liam madden, finding that his indemnity created stand-alone obligation and grounds did not alter it. has dismissed madden’s ordering him to pay corporation plc €845,786.25, plus costs. affirmed

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Courts Service · 2004-12-17 · courts

Supreme Court rules former Foynes harbour master was not validly removed from employment

supreme court rules former foynes harbour master was not validly removed from employment the allowed senan histon’s appeal and declared that he remained in office, finding ministerial sanction required for his removal. it granted no other relief. against dismissal of high action, declaring had been

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Courts Service · 2004-12-17 · courts

Supreme Court awards €50,000 aggravated damages over altered clinical note

supreme court awards €50,000 aggravated damages over altered clinical note the found that a doctor record and his legal advisers failed to disclose change before trial. it added compensation awarded for underlying negligence claim. david philp in after finding doctor’s award was additional compensat

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Courts Service · 2004-12-17 · courts

High Court rules dependants can appeal hepatitis compensation awards despite widow’s acceptance

high court rules dependants can appeal hepatitis compensation awards despite widow’s acceptance o’neill j. decided a preliminary issue in an over following n.c.’s death. the ruling allows appellants to challenge both general damages amount and its division among dependants; it does not decide on tho

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Courts Service · 2004-12-17 · courts

High Court refuses firearms dealer’s challenge to .470 rifle import refusal

high court refuses firearms dealer’s challenge to .470 rifle import refusal the held minister could apply a general policy and dismissed judicial review application, while finding that certificate was not relevant prerequisite for this dealer. [2004] iehc 405 has refused application quash justice’s

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Courts Service · 2004-12-17 · courts

Supreme Court raises prostate cancer misdiagnosis damages to €100,000

supreme court raises prostate cancer misdiagnosis damages to €100,000 the rejected hospital defendants’ appeal against and allowed patient’s cross-appeal, adding compensation for lost treatment opportunity aggravated damage. has increased david philp from €45,000 after finding that he receive timely

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Courts Service · 2004-12-17 · courts

High Court awards €40,000 to former pupil injured by schoolyard kerb

high court awards €40,000 to former pupil injured by schoolyard kerb the found that rough, sharp-edged breeze blocks created a danger at school and caused pupil’s kidney injury. it awarded general damages after finding he had recovered was unlikely suffer future consequences. [2004] iehc 401 has in

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Courts Service · 2004-12-17 · courts

Supreme Court dismisses Dublin’s appeal over replacement of Inns Quay hoarding

supreme court dismisses dublin’s appeal over replacement of inns quay hoarding the held that replacing an advertising attached to a dublin gable wall was exempt development and dismissed corporation’s against refusal removal order. has seeking at 3 quay, 7, holding its under planning legislation the

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Courts Service · 2004-12-17 · courts

Supreme Court dismisses appeal over shareholder’s claim against Anglo Irish Bank

supreme court dismisses appeal over shareholder’s claim against anglo irish bank the held that liam madden’s pleaded damages reflected alleged loss to a company and could not be pursued by him personally. it dismissed his from high court’s orders striking out claim. decision strike corporation plc w

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Courts Service · 2004-12-17 · courts

High Court orders disclosure of preliminary medical report in negligence action

high court orders disclosure of preliminary medical report in negligence action the refused plaintiff’s request to withhold a neurologist’s 2001 report, finding it fell within expert-report rules. left open whether later comments on defence reports would also need disclosure. [2004] iehc 430 has by

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Courts Service · 2004-12-17 · courts

High Court rules Part M exemption applies dwelling by dwelling

high court rules part m exemption applies dwelling by the answered an agreed legal question in a dispute over 1,520-home development, holding that substantial work had to be completed on each dwelling, not across development as whole. [2004] iehc 397 court, commercial has ruled from disability-acces

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Courts Service · 2004-12-17 · courts

High Court rules 1963 covenant did not affect Tudor Homes lands

high court rules 1963 covenant did not affect tudor homes lands the found deed ambiguous and, after considering later transactions and surrounding geography, answered no to whether affected developer’s lands. it deferred formal order costs. [2004] iehc 438 court, dublin ruled that a restrictive in c

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Courts Service · 2004-12-16 · courts

Supreme Court overturns striking out of company returns prosecution

supreme court overturns striking out of company returns prosecution the held that late filing fees did not amount to a prior criminal process for double jeopardy purposes and directed district hear determine two summonses. allowed registrar companies’ appeal set aside judge’s decision strike summons

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Courts Service · 2004-12-16 · courts

Supreme Court dismisses appeal over share valuation arbitration

supreme court dismisses appeal over share valuation arbitration the found no misconduct in arbitrator’s handling of and declined to remit award. has dismissed john mccarthy’s an that set value his shareholding eireann international finance brokers limited. by arbitrator rejected request have award s

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Courts Service · 2004-12-16 · courts

Supreme Court allows prosecution to proceed over late company returns

supreme court allows prosecution to proceed over late company returns the ruled that increased filing fees were administrative charges, not criminal punishment, and quashed district order striking out two charges. court; high also referenced allowed registrar of companies’ appeal ordered prosecution

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Courts Service · 2004-12-15 · courts

High Court refuses father’s application for declaration over child’s removal to Germany

high court refuses father’s application for declaration over child’s removal to germany the found father had not proved, on balance of probabilities, that he was married mother and therefore custody rights purpose his application. [2004] iehc 419 refused a from ireland wrongful under hague conventio

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Courts Service · 2004-12-15 · courts

High Court dismisses challenge over refusal of legal aid

high court dismisses challenge over refusal of legal aid ms justice dunne dismissed patrick keena’s claim against the board, finding no stateable cause action in pleadings. board had agreed to reconsider his position, but indicated that an application on same basis was unlikely change its view. [200

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Courts Service · 2004-12-15 · courts

Supreme Court rules Wyeth owed no notice over packaging relationship

supreme court rules wyeth owed no notice over packaging relationship the allowed wyeth’s appeal, holding that agreement existed beyond individual orders for goods. it left other issues, including an alleged misrepresentation claim, high court. appeal by ahp manufacturing bv, trading as medica irelan

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Courts Service · 2004-12-14 · courts

Court of Criminal Appeal dismisses murder conviction appeals by Raymond and Anthony Casey

court of criminal appeal dismisses murder conviction appeals by raymond and anthony casey the rejected both men’s challenges to their convictions for 1997 noel pyper, including evidence jury directions. dismissed against murdering pyper in limerick august 1997. a judgment delivered on 14 december 20

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Courts Service · 2004-12-10 · courts

Court of Criminal Appeal quashes robbery conviction and orders retrial over identification warning

court of criminal appeal quashes robbery conviction and orders retrial over identification warning the found that jury’s about visual was not adequately tied to case facts weakened by an unsupported remark gardaí as “trained observers.” [2004] iecca 48 has quashed keith o’donovan’s convictions arisi

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Courts Service · 2004-12-08 · courts

Supreme Court sends €4m separation payment back for tax and extraction findings

supreme court sends €4m separation payment back for tax and extraction findings the set aside high court’s lump sum costs contribution orders, leaving judicial decree untouched remitting issues further findings. [2004] iesc 101 has two financial orders made as part of a separation, directing to reco

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Courts Service · 2004-12-07 · courts

High Court declares Mental Treatment Act provision unconstitutional

high court declares mental treatment act provision unconstitutional the held that restriction on bringing civil proceedings interfered impermissibly with judicial domain and administration of justice. [2004] iehc 374 declared a 1945 restricted over acts purportedly done under to cases where was sati

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Courts Service · 2004-12-06 · courts

Supreme Court allows extradition appeal over specialty rule

supreme court allows extradition appeal over specialty rule the held that evidence before district did not satisfy it united states would protect appellant from being penalised for conduct tied to charges included in request. of ireland allowed robert burns’s on specialty, holding establish him offe

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Courts Service · 2004-12-06 · courts

Supreme Court remits extradition dispute over drug supply warrants

supreme court remits extradition dispute over drug supply warrants the allowed attorney general’s appeal and sent three uk back to high consider relevant irish regulations. has in an case remitted for a further inquiry into law. judgment delivered on 6 december 2004, denham j said had refused rendit

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Courts Service · 2004-12-06 · courts

Supreme Court sends three extradition charges back for further consideration

supreme court sends three extradition charges back for further consideration the held that high judge should have investigated whether irish regulations created corresponding offences, and remitted issue determination. has allowed attorney general’s appeal over in an application sent proceedings to

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Courts Service · 2004-12-03 · courts

Supreme Court gives personal injuries plaintiff one week to file claim after years of delay

supreme court gives personal injuries plaintiff one week to file claim after years of delay the allowed an appeal against dismissal for want prosecution, but warned that further put action at serious risk. [2004] iesc 98 a plaintiff’s his giving him statement claim. any would expose “very risk” dism

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Courts Service · 2004-12-03 · courts

Appeal court orders retrial after judges failed to consider adjournment request

appeal court orders retrial after judges failed to consider adjournment request the of criminal set aside mark desmond’s firearms convictions because refusal his for time obtain new legal representation prevented a fair trial. it did not decide that had be granted. 18/03 has ordered finding desmond

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Courts Service · 2004-12-01 · courts

High Court awards €238,909.90 over damage from adjoining Dublin building works

high court awards €238,909.90 over damage from adjoining dublin building works the found developers responsible for to a mews house, including failure separate buildings’ foundations. it rejected former owner’s claim full cost of rebuilding. [2004] iehc 432 has ordered markland holdings limited and

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