Courts Service · 2005-03-23 · courts
high court backs agrichem challenge over withdrawal of three sugar beet weedkiller authorisations [2005] iehc 99 the has upheld a central by dutch agrochemical company bv to irish for weed-control products used in farming. had distributed ireland containing active substance ethofumesate. one been so
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Courts Service · 2005-03-18 · courts
high court allows tipperary farmer's challenge to land sale settlement continue [2005] iehc 74 by owen reid the has allowed proceedings farmer john o'sullivan challenging a transaction and subsequent with ronald stuart weisz continue. had asked vacate lis pendens registered over disputed property, a
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Courts Service · 2005-03-18 · courts
high court allows liquidator to seek investigation costs in tipperary fresh foods case [2005] iehc 96 the has ruled that official of ltd can recovery under company legislation introduced after company's liquidation began. william o'riordan was appointed by on march 26th, 2001. he later brought proce
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Courts Service · 2005-03-18 · courts
unsuccessful challenge to monuments law wins plaintiff costs the high court ruled that public importance of case justified departing from usual rule follow outcome. an appeal over substantive decision was pending. [2005] iehc 79 has ordered defendants pay a in which dominic dunne unsuccessfully chal
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Courts Service · 2005-03-18 · courts
supreme court dismisses fire officer’s appeal, leaving employment appeal tribunal to hear dismissal dispute the held that county council’s decision was reviewable in public law, but ruled appropriate forum determine dispute. dismissed patrick o’donnell’s over his as station officer at clonmel statio
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Courts Service · 2005-03-18 · courts
high court orders cpi cap added to crc pension rule the rectified a 1993 that provided for 5% annual compound increases, adding limit tied consumer price index. it did not need decide plaintiff’s alternative claims. [2005] iehc 87 court, commercial ordered index (cpi) be governing increases under ce
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Courts Service · 2005-03-18 · courts
high court orders revenue to refund €9.1m despite pending tax appeal the held that an commissioners’ decision in taxpayer’s favour required repayment while revenue’s case stated was pending, though could recover any later found due. [2005] iehc 81 ruled commissioners must €9,136,776.59 a taxpayer wh
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Courts Service · 2005-03-18 · courts
supreme court dismisses construction federation’s appeal over standing the ruled that industry federation lacked sufficient interest to challenge dublin city council’s development contribution scheme. it did not decide scheme’s substantive legality. dismissed an by federation, ruling unincorporated
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Courts Service · 2005-03-18 · courts
high court dismisses constitutional challenge as abuse of process the ruled that a to section 62 could reasonably have been raised during earlier judicial review proceedings. it did not decide question itself. [2005] iehc 102 dismissed proceedings brought by stephen mitchell challenging constitution
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Courts Service · 2005-03-18 · courts
high court refuses bid to set aside debtor examination order the declined discharge or narrow an for in aid of execution, finding existing already defined relevant documents. [2005] iehc 91 has refused application by brian cunningham allowing clifford honniball examine him about debts, property and
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Courts Service · 2005-03-18 · courts
high court refuses late judicial review bid over refugee appeal the declined to extend filing deadline and refused leave challenge a appeals tribunal decision, finding no sufficient reason for delay substantial grounds quash decision. [2005] iehc 78 ukrainian family’s application seek of declining t
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Courts Service · 2005-03-18 · courts
high court finds dundalk planning enforcement notice invalid over soldiers point works [2005] iehc 73 the has ruled that a issued by town council at point, lower road, was because its requirements were not stated with sufficient clarity. served on bill lawlor october 21st, 2003 in relation to unauth
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Courts Service · 2005-03-18 · courts
high court quashes tax appeal adjournment decision but refuses injunction the sent application back to commissioner, finding he had not considered taxpayer’s constitutional submissions. it declined halt appeals pending criminal proceedings. [2005] iehc 121 quashed an commissioner’s refusal adjourn a
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Courts Service · 2005-03-18 · courts
high court allows dublin bus to be added 1997 injury claim the permitted defendant substituted after limitation period had expired, while leaving any defence for plead. [2005] iehc 95 has allowed átha cliath, also known as bus, joined a in personal action arising from an alleged collision dublin. di
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Courts Service · 2005-03-18 · courts
high court declares motorcycle passenger insurance regulation invalid the held that a 1962 excluding pillion from compulsory cover was unconstitutional and beyond minister’s powers. it also mibi had no duty to meet her earlier judgment. [2005] iehc 94 declared excluded cover, holding minister exceed
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Courts Service · 2005-03-18 · courts
supreme court cuts €600,000 abuse damages award to €350,000 the allowed an appeal against a high jury’s award, finding it disproportionate, and substituted in general for teenager abused over five years. has reduced civil case involving repeated sexual of years, culminating rape. judgment delivered
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Courts Service · 2005-03-18 · courts
mib not liable for car damage after notice missed 12-month deadline, high court rules the held that of an intention to claim property compensation had be sent motor insurers bureau ireland within a year accident. [2005] iehc 90 on circuit, south-western county clare ruled (mibi) was involved in 1996
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Courts Service · 2005-03-16 · courts
supreme court dismisses appeal over reassignment of two refugee cases the upheld orders requiring a appeals tribunal member to decide he had heard, after finding no lawful basis for transferring them on evidence before high court. [2004 no. 416 jr] and 417 dismissed an against heard quashing their o
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Courts Service · 2005-03-16 · courts
supreme court dismisses insurers’ appeal over wafer damage at limerick plant the upheld a high ruling that two insurers were liable under their policies for losses caused by an employee’s maintenance error, finding policy exclusions did not apply. has dismissed zurich insurance company and american
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Courts Service · 2005-03-16 · courts
high court refuses appeal certificate in deportation case involving irish-born child the refused leave to its earlier refusal of judicial-review leave, finding proposed points did not meet statutory test for a supreme appeal. [2005] iehc 75 has an application by ovidiu erno gritto, andreea daniela m
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Courts Service · 2005-03-16 · courts
supreme court dismisses appeal against surrender order in european arrest warrant case the held that undertakings attached to a certificate from issuing judicial authority met irish statutory requirements, and confirmed high court’s order. dismissed kenneth dundon’s surrendering him united kingdom f
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Courts Service · 2005-03-16 · courts
high court refuses cathal mcgrath surrender to uk over identity doubts in arrest warrant [2005] iehc 116 the has refused an application united kingdom after finding that identification material accompanying a european left substantial doubt about whether he was person being sought. authorities sough
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Courts Service · 2005-03-16 · courts
high court finds prison officers were wrongly denied lawyers at disciplinary hearing the held that denial of legal representation made process fatally flawed. it left form order for a further hearing. [2005] iehc 76 has ruled two castlerea entitled to over their escort prisoner hospital, and refusin
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Courts Service · 2005-03-16 · courts
supreme court upholds reassignment of two refugee appeals after prolonged delays the held that tribunal chairperson had power to reassign cases, while recognising delay put and/or original member in breach duty before reassignment. 416/04; 417/04 allowed by officials judicial review cases and dismis
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Courts Service · 2005-03-16 · courts
supreme court rejects payroll removal of clonakilty civil servants during industrial action the dismissed ministers’ appeal, holding that partial withdrawal duties by staff who remained physically present at work was not unauthorised absence under section 16. has an appeal ministers for agriculture
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Courts Service · 2005-03-16 · courts
supreme court dismisses appeal over unavailable service-station cctv the found challenge to prosecution was brought too late and claimed value of missing footage theoretical on evidence before it. [2005] iesc 11 dismissed michael scully’s against refusal judicial review relief that would have stoppe
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Courts Service · 2005-03-16 · courts
high court orders pension trustees to disclose transfer calculations scheme members the granted a special-summons application for information about 1995 and proposed additional payment, while limiting its order relevant methodology calculations. [2005] iehc 118 ordered of irish express cargo staff r
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Courts Service · 2005-03-16 · courts
high court dismisses foxhunter owners’ challenge to median opening closure the found that south dublin county council’s 1983 correspondence did not promise road would remain indefinitely. it dismissed claims and discharged an earlier undertaking, without assessing feared business losses. [2005] iehc
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Courts Service · 2005-03-16 · courts
high court rules evidence did not justify dismissing breath-test charge the answered a case stated from district court, finding prosecution’s statutory presumption had been rebutted by about garda observation practice. [2005] iehc 77 ruled that justice was justified in drink-driving because prosecut
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Courts Service · 2005-03-15 · courts
high court disqualifies directors in three company strike-off cases finlay geoghegan j made five-year orders two and one-year the third, while limiting costs applications. [2005] iehc 85 disqualified six after finding that director of corporate enforcement had established statutory basis for applica
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Courts Service · 2005-03-15 · courts
supreme court dismisses appeal in former client’s claim against deceased barrister’s estate the rejected claims arising from evidence an earlier negligence case and refused to admit a letter relied on allege conspiracy. costs were left for later consideration. of ireland dismissed michael mcmullen’s
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Courts Service · 2005-03-15 · courts
high court rejects challenge to o’connell street compulsory purchase order the refused applicant’s constitutional and rejected his remaining grounds against order, but held that an bord pleanála acted outside its powers by deferring a costs decision. it left appropriate on be settled. [2005] 1ehc 84
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Courts Service · 2005-03-14 · courts
high court affirms dismissal of claim over car fire despite finding electrical fault most likely the judge found an was more cause fire, but said evidence did not establish that seller or garage responsible. [2005] 1 ehc 83 has affirmed a circuit decision against woman who sued ford focus destroyed
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Courts Service · 2005-03-11 · courts
high court awards joan bracken €236,020 over residence and support rights the ordered payments against two defendants after finding it unreasonable for to continue exercising granted under a 1967 deed. rejected her alternative claim enforce an agreement site. [2005] iehc 80 awarded loss of live in r
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Courts Service · 2005-03-11 · courts
high court stops 1982 sexual assault prosecution over risk of unfair trial [2005] iehc 103 the has stopped a former primary school teacher on allegation dating from after finding that passage time created serious he could not receive fair trial. anonymised applicant, p. o'c., faced one count allegin
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Courts Service · 2005-03-11 · courts
high court limits declaration on personal injuries assessment board correspondence to the case before it set terms of its and costs order after parties could not agree a draft. declined rule other issues or make broader about procedures in cases. [2005] iehc 101 declared that acted breach section 7
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Courts Service · 2005-03-10 · courts
high court finds unauthorised basement use at dublin venue, but not nightclub elsewhere city council proved that the of spirit was being used as permitted museum space. satisfied rest premises had been proved. [2005] iehc 82 found venue in without planning authorisation, ruled a nightclub. judgment
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Courts Service · 2005-03-10 · courts
high court grants leave to challenge defence forces summary process an applicant facing absence-without-leave charge may pursue judicial review arguments over representation, a public hearing and of awards. the did not decide those claims directed parties refine grounds relief sought. [2005] iehc 72
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Courts Service · 2005-03-09 · courts
supreme court rejects tribunal appeal over access to witness’s prior statements the affirmed a high order requiring material relevant cross-examining tom gilmartin, whose public evidence included serious allegations against owen o’callaghan. [2005] iesc 9 has dismissed an by members of inquiry into
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Courts Service · 2005-03-09 · courts
high court bars prosecution on nephew’s complaints but allows niece’s case to proceed the found passage of time presumed a risk accused’s ability defend himself against complaints. it barred those charges, said admissions demonstrated capacity recall events relating allegations and declined stop tha
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Courts Service · 2005-03-09 · courts
high court finds employer liable for workplace bullying that caused psychiatric injury the found employee’s harassment claim was separate from his earlier unfair dismissal case, barred a overlapping lost earnings, and allowed €773.94 medical expenses. [2005] iehc 71 complex tooling moulding breached
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Courts Service · 2005-03-09 · courts
supreme court dismisses tribunal appeal over materials sought for cross-examination in a separate judgment, justice geoghegan said the applied its procedures too rigidly and infringed constitutional rights refusing material essential to fair cross-examination. [2005] iesc 9 dismissed an by members o
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Courts Service · 2005-03-08 · courts
high court awards €5,000 in tommy hilfiger clothing dispute the found copyright infringement and passing off sold by defendants, ordered restrictions on first third defendants. it set out a conditional higher damages figure tied to outcome of trademark application. [2005] iehc 66 awarded europe inc.
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Courts Service · 2005-03-08 · courts
high court rules it has no jurisdiction over claim against german motorcycle seller the granted seller’s motion in a dispute an allegedly broken helmet visor, while manufacturer was not determined by this ruling. [2005] iehc 68 ruled that to determine patrick burke’s motorrad taf gmbh. decision conc
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Courts Service · 2005-03-07 · courts
high court quashes minister’s orders over imported maize gluten the ruled that minister lacked legal authority under provisions cited to order recalls and detain two consignments. it did not decide applicant’s remaining claims. [2005] iehc 65 (commercial) (judicial review) has quashed instructions s
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Courts Service · 2005-03-04 · courts
high court refuses judicial review after applicant was granted bail the said challenge to a district refusal moot because had since been admitted bail; it declined grant relief. [2005] iehc 60 refused relief in judge’s of bail, ruling that case become later application. judgment delivered on 4 march
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Courts Service · 2005-03-04 · courts
high court rejects licence-impossibility defence in gaming machine case the answered “yes” to whether companies could be convicted where local authorities’ decisions made it impossible apply for a licence, but left broader status of an impossibility unresolved. [2005] iehc 56 has ruled that inabilit
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Courts Service · 2005-03-04 · courts
high court restricts careca director after finding he failed to act responsibly the order followed findings about inadequate company records, a payment and delay in winding up insolvent company. [2005] iehc 62 has ordered restrictions under section 150 of companies 1990 against leo coady, investment
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Courts Service · 2005-03-04 · courts
high court restricts two former cmc directors for five years the found that three aspects of directors’ conduct during company’s winding-up made restriction orders just and equitable, while rejecting a separate allegation about company debtors. [2005] iehc 59 has ordered gary carolan niall cosgrove
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Courts Service · 2005-03-04 · courts
court refuses leave to appeal convictions after unraised ira suppression challenge the of criminal dismissed liam campbell’s applications for appeal, finding that order issue had not been raised or supported by evidence at trial. two membership an unlawful organisation, central point he sought raise
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Courts Service · 2005-03-04 · courts
high court refuses solicitor’s bid to halt disciplinary referral the ruled that law society could pursue its process after obtaining an earlier order requiring compliance with solicitors’ accounts rules. it also declined rule in advance on whether accountants’ reports be used as evidence. [2005] ieh
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Courts Service · 2005-03-03 · courts
high court upholds detention order for fishing vessel carvida the refused judicial review of a district detaining vessel, finding that 48-hour period and later under separate statutory power operated independently. [2005] iehc 52 has challenge to an carvida, ruling had make even though it was issued
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Courts Service · 2005-03-03 · courts
high court rules arbitration award under byrne shareholders’ agreement is binding the answered “yes” to an arbitrator’s case stated, finding that would bind parties if was chosen or imposed their agreement. [2005] iehc 55 has ruled a 1995 between kevin and edward over mediation, when cannot agree tw
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Courts Service · 2005-03-03 · courts
high court sends laois construction arbitration award back for reconsideration the found a legal error in setting off parties’ unassessed damages claims, but did not rule on merits of either claim. [2005] iehc 53 has sent an dispute between g.l.c. limited and county council to arbitrator reconsidera
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Courts Service · 2005-03-03 · courts
high court refuses mid-trial bid to halt cavan motoring prosecution the said judicial review was premature because district had not yet ruled on accused’s application dismiss charge. [2005] iehc 54 refused an stop a summary prosecution, ruling that while decide whether in judgment delivered 3 march
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Courts Service · 2005-03-02 · courts
high court rules minister may cross-examine claimant in compensation appeal the decided a procedural question hepatitis c tribunal appeal. it did not determine refused carer-compensation claim. [2005] iehc 58 ruled that for health and children could d.s. an from tribunal. decision addressed minister
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Courts Service · 2005-03-02 · courts
supreme court stops firearms prosecution after excessive delay in darren blood case the has stopped of bernard on charges dating from 1994 finding that later delays bringing to trial breached his right reasonable expedition. faced two alleging that, during april at 27 dunamore crescent, tallaght, he
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Courts Service · 2005-03-02 · courts
high court rejects claims over bus crash after driver’s sudden blackout the found that a previously unknown heart condition caused him to lose consciousness, and neither he nor dublin could reasonably have known of risk. [2005] iehc 51 dismissed negligence brought by michael kathleen counihan tour c
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Courts Service · 2005-03-02 · courts
high court grants divorce and increases maintenance in long-running case the raised applicant’s to a net €38,000 year ordered arrangements secure payments if respondent dies first. it left existing for children place. 2005 iehc 326 granted m.p. a.p. increased after reviewing their 1992 separation se
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Courts Service · 2005-03-02 · courts
high court appeal fails over stalled hepatitis c compensation claim the said tribunal must hear widow’s argument that an earlier ruling settled c’s role in her husband’s death, but held judicial review—not this statutory appeal—was appropriate route. [2005] iehc 57 has ruled a widow is entitled to h
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Courts Service · 2005-03-01 · courts
high court directs preliminary issue on effect of building valuation the ordered a determination whether 2002 binds parties and limits claims for remedial works or consequential loss, without deciding those questions their merits. [2005] iehc 49 has directed in dispute over contract, to determine an
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