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Courts Service · 2005-02-28 · courts

High Court refuses leave to challenge rejection of Nigerian asylum claim

high court refuses leave to challenge rejection of nigerian asylum claim the said refugee appeals tribunal was entitled treat as manifestly unfounded, citing applicant’s lack credibility. it refused seek judicial review. [2005] iehc 42 an applicant review a decision that upheld his unfounded. ruling

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Courts Service · 2005-02-25 · courts

High Court rejects bid to dismiss injury claim over alleged false evidence

high court rejects bid to dismiss injury claim over alleged false evidence the judge found plaintiff had lied a prospective employer about her health but was not satisfied she gave or misleading court. damages of €43,050.17 were awarded. [2005] iehc 48 rejected an application woman’s personal under

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Courts Service · 2005-02-25 · courts

High Court grants Chadwicks €58,645.98 judgment, sends disputed deliveries to trial

high court grants chadwicks €58,645.98 judgment, sends disputed deliveries to trial the found no credible defence most of claim but held that a dispute over €30,681.85 in required plenary hearing. [2005] iehc 47 granted limited judgment for against p. byrne roofing and remitted remaining its company

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Courts Service · 2005-02-25 · courts

High Court discharges order freezing part of Kilkenny land-sale proceeds

high court discharges order freezing part of kilkenny land-sale proceeds the found a significant failure to disclose earlier discussions about retaining €50,000 and declined continue asset-freezing order. [2005] iehc 43 discharged an interim from sale land at kilbline, co kilkenny, after finding tha

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Courts Service · 2005-02-25 · courts

High Court limits Xerox discovery to similar DocuColor 2060 complaints in Ireland and UK

high court limits xerox discovery to similar docucolor 2060 complaints in ireland and uk on appeal from the master of court, mr justice clarke ordered a limited search for records that could bear whether alleged printer failures were due machine defects or how they operated. [2005] iehc 46 allowed v

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Courts Service · 2005-02-24 · courts

High Court dismisses bid to disqualify Wood Products directors

high court dismisses bid to disqualify wood products directors the found had acted irresponsibly over company and tax filings, but concluded disqualification was not necessary protect public. [2005] iehc 41 dismissed director of corporate enforcement’s application patrick mcgowan patricia from manag

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Courts Service · 2005-02-24 · courts

Brian Murphy case: manslaughter conviction quashed and retrial ordered for Dermot Laide

brian murphy case: manslaughter conviction quashed and retrial ordered for dermot laide court of criminal appeal the has laide’s over death following a fight outside burlington hotel in dublin, but that be retried on charge. separately overturned desmond ryan’s violent disorder no retrial, while lea

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Courts Service · 2005-02-23 · courts

Supreme Court dismisses two appeals over proceeds-of-crime freezing orders

supreme court dismisses two appeals over proceeds-of-crime freezing orders the upheld high court’s refusal to strike out proceedings, ruling that applications sought section 3 and were not time-barred. has dismissed concerning for under proceeds of crime act 1996, proceedings barred by time limits d

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Courts Service · 2005-02-23 · courts

High Court finds daughter needs greater financial security from father’s estate

high court finds daughter needs greater financial security from father’s estate the found that will left a projected €12,000 annual income shortfall after applicant receives her mother’s estate. it reserved form of further provision for submissions counsel. 2005 iehc 325 had shown need than provided

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Courts Service · 2005-02-23 · courts

High Court refuses leave to challenge rejection of Croatian asylum appeal

high court refuses leave to challenge rejection of croatian asylum appeal the found no substantial grounds permit judicial review refugee appeals tribunal’s decision. [2005] iehc 45 refused ilija pasic seek a decision rejecting his for status, finding that he had not shown challenge. mr justice mich

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Courts Service · 2005-02-23 · courts

High Court dismisses challenge to non-party candidate rules

high court dismisses challenge to non-party candidate rules the rejected a judicial review application challenging electoral qualification and description available candidates on ballot papers. [2005] iehc 44 has dismissed dennis riordan’s requiring obtain 30 assentors preventing them from being des

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Courts Service · 2005-02-21 · courts

High Court restricts two directors over oversight of insolvent Irish pharmaceutical group

high court restricts two directors over oversight of insolvent irish pharmaceutical group the found that had not shown they acted responsibly in supervising finances five companies. it did assess their conduct other miza [2005] iehc 63 declared jack kachkar and robert mcclellan carrigan restricted a

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Courts Service · 2005-02-18 · courts

Court rejects Brian Willoughby appeal over Templeogue murder conviction

court rejects brian willoughby appeal over templeogue murder conviction of criminal the has dismissed willoughby’s against his for 19-year-old mulvaney following a violent assault in templeogue, dublin. was convicted central on april 2, 2003. stephen aherne manslaughter and third accused, neill barb

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Courts Service · 2005-02-17 · courts

High Court dismisses cyclist’s claim over crash with parked refuse lorry

high court dismisses cyclist’s claim over crash with parked refuse lorry the judge found cyclist had not proved that an unidentified passing driver caused him to collide stationary truck. [2005] iehc 38 dismissed a against motor insurers bureau of ireland injuries sustained when he rode into back on

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Courts Service · 2005-02-17 · courts

High Court dismisses Eamonn Kirby negligence claim against former solicitors

high court dismisses eamonn kirby negligence claim against former solicitors [2005] iehc 36 the has dismissed a professional action brought by who represented him in settlement of earlier circuit litigation. mr sued giles j. kennedy and company over compromise reached on october 31st, 1996 proceedin

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Courts Service · 2005-02-16 · courts

Driver 80% liable after failing to see crossroads warning sign

driver 80% liable after failing to see crossroads warning sign the high court apportioned liability for a collision between car overtaking truck and at junction, then awarded plaintiff €41,600 costs contributory-negligence deduction. [2005] iehc 34 found crossroads, with 20% contributory negligence.

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Courts Service · 2005-02-16 · courts

High Court rules foreign companies can be treated as shadow directors under restriction law

high court rules foreign companies can be treated as shadow directors under restriction law the answered two preliminary legal questions in a worldport ireland liquidation case, leaving merits of liquidator’s application for later hearing. [2005] iehc 467 has ruled that corporate body, including one

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Courts Service · 2005-02-16 · courts

Supreme Court rejects retrospective validation of unlawful health charges

supreme court rejects retrospective validation of unlawful health charges the found bill’s provisions would unjustly extinguish patients’ property rights, while its proposed future charging scheme was compatible with constitution. has ruled that parts (amendment) (no. 2) bill 2004 were repugnant to

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Courts Service · 2005-02-16 · courts

Hotel liable after court finds nightclub patron assaulted in unstaffed car park

hotel liable after court finds nightclub patron assaulted in unstaffed car park the high found hotel’s security system was not operating front when david meagher attacked. it directed judgment for him €48,379.81. [2005] iehc 35 has €48,379.81 finding that a failed to take reasonable care protect fro

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Courts Service · 2005-02-15 · courts

Supreme Court dismisses solicitor’s appeals over freezing orders and disciplinary case

supreme court dismisses solicitor’s appeals over freezing orders and disciplinary case the upheld refusal to lift 1991 orders, extend deadline appeal a misconduct finding, or stop law society’s application strike solicitor off roll. has dismissed three by elio malocco concerning bank accounts, time

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Courts Service · 2005-02-15 · courts

Glass company fails to prove Dublin Port unreasonably refused warehouse-use request

glass company fails to prove dublin port unreasonably refused warehouse-use request the high court ruled that a strip of land in 1973 lease was not tenement and had supplied enough detail support its proposed change use. [2005] iehc 89 has irish bottle limited did establish right seek consent under

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Courts Service · 2005-02-11 · courts

High Court stops seven charges over alleged assaults on one complainant, allows two to proceed

high court stops seven charges over alleged assaults on one complainant, allows two to proceed the granted judicial review relief relating j.s.c., citing long delay and conflicts in accounts. it refused prohibit concerning j.g.c. [2005] iehc 97 r.c. respect of allegations by but stop a judgment date

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Courts Service · 2005-02-11 · courts

High Court blocks most historic sexual offence charges against 70-year-old man but allows nine to proceed

high court blocks most historic sexual offence charges against 70-year-old man but allows nine to proceed [2005] iehc 447 the has prohibited of facing a retired joiner, while allowing concerning allegations made by his daughter about events in 1988 proceed. anonymised applicant, d.(s.) c., faced fou

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Courts Service · 2005-02-11 · courts

High Court quashes return for trial but refuses to halt historic sexual offence prosecution

high court quashes return for trial but refuses to halt historic sexual offence prosecution [2005] iehc 446 the has quashed district order returning an anonymised man on charges, refused his attempt stop itself. mr justice macmenamin delivered judgment february 11, 2005, in proceedings brought by b.

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Courts Service · 2005-02-11 · courts

High Court stops part of historical sexual abuse prosecution against F.C. but allows remaining charges to proceed

high court stops part of historical sexual abuse prosecution against f.c. but allows remaining charges to proceed [2005] iehc 445 the has prohibited a while allowing involving six other complainants continue. f.c., retired builder, faced allegations from seven complainants, most them members his ext

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Courts Service · 2005-02-10 · courts

High Court dismisses claim against driver but awards €50,000 against motorcyclist

high court dismisses claim against driver but awards €50,000 motorcyclist the rejected plaintiff’s account of a 1998 collision and dismissed his car driver. it assessed damages at motorcyclist, who had already been found liable in default appearance. [2005] iehc 27 martin twomey’s over motorcycle co

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Courts Service · 2005-02-10 · courts

High Court grants leave to challenge deportation, refuses return injunction

high court grants leave to challenge deportation, refuses return injunction the found arguable grounds concerning access judicial review before but made no final ruling on substantive challenge. [2005] iehc 37 granted an applicant pursue specified reliefs over his deportation from ireland, extended

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Courts Service · 2005-02-10 · courts

High Court says disability allowance alone does not bar taxi licence

high court says disability allowance alone does not bar taxi licence the answered a district judge’s legal question in affirmative, while leaving decision to that assessment of evidence and regulatory criteria. [2005] iehc 29 has ruled person’s receipt inability work more than 20 hours week do not,

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Courts Service · 2005-02-10 · courts

High Court dismisses solicitor negligence claim over late mother’s estate

high court dismisses solicitor negligence claim over late mother’s estate the found plaintiff had no prospect of succeeding in a under section 117 succession act 1965, and held that her was not required to give unsolicited advice about such claim. [2005] iehc 28 dismissed vanessa rojack’s against so

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Courts Service · 2005-02-08 · courts

High Court grants divorce and orders €400,000 payment and ongoing maintenance

high court grants divorce and orders €400,000 payment ongoing maintenance on a full rehearing of the financial claims, treated 2000 settlement as relevant to family’s circumstances but not bar new orders. 2005 [iehc] 202 granted ordered husband pay his wife €2,000 month for her own benefit €600 each

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Courts Service · 2005-02-03 · courts

High Court awards €60,000 against health board over corroded surgical instrument

high court awards €60,000 against health board over corroded surgical instrument the found that corrosion from inadequate care and maintenance caused a forceps jaw to break during surgery at naas general hospital. claims surgeon, distributor manufacturer were dismissed. [2005] iehc 25 awarded patien

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Courts Service · 2005-02-02 · courts

High Court dismisses Bus Átha Cliath appeal over MIBI’s removal from injury case

high court dismisses bus átha cliath appeal over mibi’s removal from injury case the left in place circuit decision removing motor insurers’ bureau of ireland proceedings brought after an alleged injury. separate against remained extant. [2005] iehc 20 dismissed cliath’s a order (mibi) as defendant

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Courts Service · 2005-02-02 · courts

High Court grants leave to challenge refusal of Drimnagh Road advertising sign

high court grants leave to challenge refusal of drimnagh road advertising sign the allowed a judicial review proceed on limited grounds, including whether an bord pleanála adequately explained its change from earlier decisions. it rejected applicant’s res judicata, estoppel and legitimate expectatio

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