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Courts Service · 2005-05-31 · courts

Supreme Court majority rejects appeal over mackerel licensing order

supreme court majority rejects appeal over mackerel licensing order justice fennelly dissented, saying the minister had power to make 1999 under section 223a. high declaration that it was ultra vires therefore remained in place. dismissed an by attorney general and for marine natural resources (lice

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Courts Service · 2005-05-31 · courts

Supreme Court dismisses appeal over mackerel licensing order

supreme court dismisses appeal over mackerel licensing order the upheld a high declaration that 1999 was ultra vires because it used to implement community fisheries rules under domestic statutory power. dismissed an by attorney general and minister for marine natural resources, leaving in place (li

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Courts Service · 2005-05-31 · courts

High Court set Carrick House freehold price at €30,000, subject to constitutional challenge

high court set carrick house freehold price at €30,000, subject to constitutional challenge on rehearing an appeal under ground-rent legislation, the held that tenant met statutory conditions acquire fee simple and fixed price. it said its findings remained a be heard separately. [2005] iehc 168 for

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Courts Service · 2005-05-30 · courts

Supreme Court dismisses appeal over access to school inspectors’ reports

supreme court dismisses appeal over access to school inspectors’ reports the upheld information commissioner’s decision that were not exempt under education act provision relied on refuse disclosure. dismissed barney sheedy’s primary reports, leaving in place from disclosure section 32(1)(a) of free

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Courts Service · 2005-05-30 · courts

Supreme Court allows appeal over release of primary school inspection report

supreme court allows appeal over release of primary school inspection report the held that section 53 education act 1998 covered redacted reports could support comparisons schools’ academic performance. it dismissed separate appeals on freedom information exemptions for management effects and confid

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Courts Service · 2005-05-27 · courts

High Court orders surrender to Spain in homicide case

high court orders surrender to spain in homicide case the rejected objections based on alleged abuse of process, delay, rights and warrant’s purpose, said it would order respondent’s surrender. [2005] iehc 222 has ordered that michael dermot mcardle be surrendered under a european arrest warrant rel

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Courts Service · 2005-05-27 · courts

High Court refuses to halt father’s claim over son’s Roaccutane-linked death

high court refuses to halt father’s claim over son’s roaccutane-linked death the rejected five defendants’ bid stay proceedings, holding that a sufficient tender would not remove plaintiff’s right pursue liability ruling. [2005] iehc 161 has refused an application by roche-related defendants allegin

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Courts Service · 2005-05-27 · courts

High Court grants leave on two grounds in Nigerian asylum challenge

high court grants leave on two grounds in nigerian asylum challenge the allowed mabel imafu to proceed with parts of her judicial review a refugee appeals tribunal decision, but rejected credibility and did not decide itself. 2005 iehc 182 granted pursue decision refusing status. it tribunal’s basic

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Courts Service · 2005-05-27 · courts

Supreme Court allows appeal and strikes out asbestos injury claim

supreme court allows appeal and strikes out asbestos injury claim the held claims against a successor company former directors could not proceed, including because pleaded facts did establish personal duties or basis for liability over winding-up. allowed an by tegral pipes limited six named individ

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Courts Service · 2005-05-27 · courts

High Court finds radio licence challenge costs agreement breached

high court finds radio licence challenge costs agreement breached the found gerard madden had agreed to cover two applicants’ and their former solicitors were negligent. it reserved a final order pending hearing on damages. [2005] iehc 162 that indemnify michael richardson wendi ferris-richardson fo

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Courts Service · 2005-05-27 · courts

Appeal court upholds life sentence for teenager convicted of murder

appeal court upholds life sentence for teenager convicted of murder the criminal refused application to challenge sentence, including order a review in 2014. an by d.g. imposed 14-year-old darragh conroy. it held that trial judge had exercised his sentencing discretion correctly, ordering was 15 whe

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Courts Service · 2005-05-27 · courts

High Court refuses surgeon’s bid to return to hospital without 18 conditions

high court refuses surgeon’s bid to return hospital without 18 conditions at the interlocutory stage, declined let a suspended surgeon resume work cavan general first accepting proposed by health service executive, citing patient-safety concerns that it said could not resolve factually stage. 2005 i

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Courts Service · 2005-05-26 · courts

High Court vacates order forfeiting bail recognisances over notice and procedure

high court vacates order forfeiting bail recognisances over notice and procedure the set aside an october 2004 against jonathan kenny his surety, finding wrong statutory route had been used adequate not given. it said a fresh application could still be made. 2005 [iehc] 175 has vacated entered fathe

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Courts Service · 2005-05-26 · courts

High Court refuses defendant’s motion over service and jurisdiction in proceeds-of-crime case

high court refuses defendant’s motion over service and jurisdiction in proceeds-of-crime case the rejected challenge refused relief sought, finding that of summons was effective under order made for outside ireland. 2005 iehc 164 a challenging court’s proceedings brought proceeds crime act 1996. jud

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Courts Service · 2005-05-25 · courts

High Court orders restrictions on two SPH directors over company financial controls

high court orders restrictions on two sph directors over company financial controls [2005] iehc 152 by aisling byrne the ordered restriction declarations against of insolvent construction limited after finding that they failed to show had acted responsibly in managing company's affairs. sean shanaha

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Courts Service · 2005-05-12 · courts

Leixlip assault conviction quashed after prosecution declined to call witness who supported accused

leixlip assault conviction quashed after prosecution declined to call witness who supported accused court of criminal appeal the has mark lacy’s for causing harm following an altercation outside a nightclub in leixlip, co kildare, finding that prosecution’s treatment key was unfair. lacy had been co

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Courts Service · 2005-05-12 · courts

Supreme Court stays €3.5m Leo Laboratories claim after finding Dutch courts have exclusive jurisdiction

supreme court stays €3.5m leo laboratories claim after finding dutch courts have exclusive jurisdiction the has stayed an irish pharmaceutical company’s approximately €3.5 million damages action against a supplier that their trading relationship included clause giving to at haarlem in netherlands. l

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Courts Service · 2005-05-12 · courts

Court rejects Christopher O’Callaghan appeal over Limerick murder conviction

court rejects christopher o’callaghan appeal over limerick murder conviction of criminal the has refused leave to his for 19-year-old michael fitzpatrick in limerick. was convicted by a central jury on july 26, 2002. prosecution case concerned fatal stabbing outside pub roxboro road, where witnesses

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Courts Service · 2005-05-12 · courts

High Court refuses to halt Cork assault prosecution over lost nightclub video

high court refuses to halt cork assault prosecution over lost nightclub video [2005] iehc 134 the has refused stop of gerard hegarty on an causing harm charge arising from alleged incident after he left a in newmarket, county cork. mr sought order prohibiting his further because two videotapes conne

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Courts Service · 2005-05-12 · courts

Antiques dealer awarded £111,533 after stolen Lord Roden bookcase sale

antiques dealer awarded £111,533 after stolen lord roden bookcase sale [2005] iehc 131 high court the has a uk company stg£111,533 it bought and restored queen anne bureau that was later identified as property from roden’s estate in county down. mallett son (antiques) limited agreed january 2000 to

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Courts Service · 2005-05-12 · courts

Court of Criminal Appeal upholds eight life sentences for rape of children

court of criminal appeal upholds eight life sentences for rape children the has upheld concurrent imposed on a man during an extended period sexual abuse involving his daughters and nieces. appellant, identified as r mcc, had been indicted 43 counts rape, attempted assault six female victims. he ple

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Courts Service · 2005-05-12 · courts

Supreme Court rules 2003 human rights law did not apply to Ballymun possession case already under way

supreme court rules 2003 human rights law did not apply to ballymun possession case already under way the has ruled that ireland’s legislation could retrospectively alter proceedings brought by dublin city council against a tenant. jeanette fennell had rented dwelling at 146 balbutcher lane, ballymu

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Courts Service · 2005-05-12 · courts

Supreme Court allows Denis O’Brien challenge to Moriarty Tribunal’s Doncaster Rovers inquiry

supreme court allows denis o’brien challenge to moriarty tribunal’s doncaster rovers inquiry the granted businessman leave decision hold public hearings into purchase of football club and an alleged connection with michael lowry. mr justice fennelly held on may 12, 2005 that had established two argu

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Courts Service · 2005-05-12 · courts

High Court rejects bid to block extradition over alleged counterfeit dollar conspiracy

high court rejects bid to block extradition over alleged counterfeit dollar conspiracy [2005] iehc 129 the has refused christopher corcoran’s attempt prevent his england and wales an distribute us $100 notes. mr corcoran had been arrested in ireland on 6 september 2001 foot of four english warrants.

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Courts Service · 2005-05-12 · courts

High Court rejects Clonshaugh worker’s stress and bullying damages claim

high court rejects clonshaugh worker’s stress and bullying damages claim [2005] iehc 130 the has dismissed a by former jabil global services employee michael maher for over psychological injury which he said arose from stress, pressure his treatment at company’s operation. mr worked as supervisor be

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Courts Service · 2005-05-12 · courts

Denis O’Brien wins leave to challenge Moriarty Tribunal over Doncaster inquiry

denis o’brien wins leave to challenge moriarty tribunal over doncaster inquiry supreme court established an arguable case before the that may have exceeded its terms of reference by investigating rovers transaction, which arose after was in 1997. mr challenged tribunal’s decision hold public hearing

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Courts Service · 2005-05-12 · courts

High Court rules birth certificates can prove minors' ages in liquor sale prosecutions

high court rules birth certificates can prove minors' ages in liquor sale prosecutions [2005] iehc 132 the has ruled that a duly certified certificate be used to minor's age over alleged of intoxicating an underage person, even where offence predates evidential provision relied upon. mr justice mich

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Courts Service · 2005-05-11 · courts

Court quashes sexual assault convictions after late disclosure; no retrial ordered

court quashes sexual assault convictions after late disclosure; no retrial ordered the of criminal appeal found trial unsafe and unsatisfactory because material requested months earlier reached defence minutes before began. c.c.a. no. 64 2004 quashed a.c.’s finding that relevant to complainant’s cre

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Courts Service · 2005-05-11 · courts

High Court dismisses lorry driver’s injury claim over Longford crash

high court dismisses lorry driver’s injury claim over longford crash [2005] iehc 151 the has dismissed a personal arising from collision between two lorries on narrow bend road kilashee towards lanesboro in co longford. mr justice michael peart found that plaintiff joseph dempsey had failed to prove

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Courts Service · 2005-05-10 · courts

High Court overturns wide discovery order in Martin McDonagh libel case against Sunday World

high court overturns wide discovery order in martin mcdonagh libel case against sunday world [2005] iehc 183 the has overturned an requiring to disclose extensive personal, financial and police-related records a action arising from front-page article published september 1999. newspaper story identif

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Courts Service · 2005-05-10 · courts

High Court finds untraced driver negligent over oil spill that caused Donegal crash

high court finds untraced driver negligent over oil spill that caused donegal crash the rejected motor insurers bureau’s application to dismiss claim, found unidentified and attributed 15% contributory negligence plaintiff for not wearing a seat belt. damages were left undetermined. [2005] iehc 184

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Courts Service · 2005-05-05 · courts

High Court disallows liquidator’s investigation time from costs claim

high court disallows liquidator’s investigation time from costs claim the ruled that own and colleagues’ was not recoverable under relevant provision, while allowing legal in principle. [2005] iehc 153 has disallowed a for official of two colleagues spent investigating company, finding related were

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Courts Service · 2005-05-05 · courts

Court of Criminal Appeal dismisses Michael Murphy’s murder conviction appeal

court of criminal appeal dismisses michael murphy’s murder conviction the found serious unfairness in admissions linked to a 2 november 2001 interview, but concluded their exclusion would not have affected jury’s verdict. has dismissed against his for murdering german tourist bettina poeschel, despi

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Courts Service · 2005-05-05 · courts

High Court rejects liquidator’s claim for investigation remuneration

high court rejects liquidator’s claim for investigation remuneration the ruled that section 150(4b) did not allow liquidator to recover his own and colleagues’ from directors. 2005 iehc 160 has a could investigating company restriction application as “costs incurred by applicant” under of companies

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Courts Service · 2005-05-05 · courts

Supreme Court made no costs order after reducing sexual assault damages award

supreme court made no costs order after reducing sexual assault damages award the cut a high from €600,000 to €350,000 and declined either side pay other’s appeal costs. for of in €350,000. concerned assessment only. defendant, identified judgment as s. m., sought his appeal. counsel plaintiff, m.n.

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Courts Service · 2005-05-05 · courts

Supreme Court dismisses appeal over statements made after solicitor consultation

supreme court dismisses appeal over statements made after solicitor consultation the held that appellant consulted a were admissible, although earlier had been excluded because of breach his constitutional right to timely legal advice. dismissed thomas anthony o’brien’s appeal, ruling he consulting

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Courts Service · 2005-05-04 · courts

High Court limits family law rehearing to issues remitted by Supreme Court

high court limits family law rehearing to issues remitted by supreme the ruled that it would use existing €10 million business and €1 family-home valuations while considering relevant current company finances home in making proper provision. 2005 iehc 154 has set for a further hearing judicial separ

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Courts Service · 2005-05-04 · courts

High Court refuses application to place €3.2m settlement in proposed trust

high court refuses application to place €3.2m settlement in proposed trust the judge said did not establish that adult plaintiff could set up trust, and raised concerns about its terms. a wardship declaration remained for later consideration. 2005 iehc 149 refused an €3.2 million personal injury int

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Courts Service · 2005-05-04 · courts

High Court refuses Hygeia challenge to suspension of sheep-dip authorisations

high court refuses hygeia challenge to suspension of sheep-dip authorisations the upheld irish medicines board’s decision suspend for two organophosphate sheep dips, finding risk-based proportionate. it refused judicial-review relief but left final order, including any withdrawal timetable, later ar

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Courts Service · 2005-05-03 · courts

Supreme Court dismisses appeal over late amendments to asylum judicial review

supreme court dismisses appeal over late amendments to asylum judicial review the upheld refusal extend time for new claims challenging decisions, finding no sufficient reason delay. dismissed an by s. m. against a high decision refusing in her of and deportation decisions. it affirmed order. concer

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Courts Service · 2005-05-03 · courts

High Court rejects bid for release over delay in European arrest warrant proceedings

high court rejects bid for release over delay in european arrest warrant proceedings the held that missing 60- or 90-day period before a final decision did not entitle applicant to immediate release. it found his detention lawful and said surrender could proceed, subject right of appeal. [2005] iehc

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Courts Service · 2005-05-03 · courts

Supreme Court quashes conviction after finding no evidence of suspicion behind arrest

supreme court quashes conviction after finding no evidence of suspicion behind arrest the held that under section 30 offences against state act could be proved by direct or indirect evidence, but circumstances here did not support an inference arresting officer had required suspicion. allowed michae

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Courts Service · 2005-05-03 · courts

High Court refuses DPP contempt application over newspaper reports

high court refuses dpp contempt application over newspaper reports the found articles concerning a pending murder trial did not establish beyond reasonable doubt real risk of prejudice. [2005] iehc 128 refused director public prosecutions to commit or attach company and two individuals for published

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Courts Service · 2005-05-03 · courts

Supreme Court allows State to present evidence on tobacco law proportionality

supreme court allows state to present evidence on tobacco law proportionality the set aside a high case-management order that had barred certain evidence, while leaving trial judge free rule particular later. has allowed oral whether restrictions are proportionate, setting facts admitted in pleading

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Courts Service · 2005-05-03 · courts

Appeal court quashes Daniel Cleary’s drug-supply conviction over unproved regulations

appeal court quashes daniel cleary’s drug-supply conviction over unproved regulations the of criminal set aside and sentence on supply count, without ordering a retrial. it upheld his separate possession after rejecting challenge to fingerprint evidence. quashed for possessing cocaine prosecution fa

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