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Courts Service · 2005-06-30 · courts

High Court refuses Cityjet challenge over aircraft certificate

high court refuses cityjet challenge over aircraft certificate the held that irish aviation authority could rely on national rules when it refused an individual of airworthiness for a leased jet. also found cityjet’s judicial review application was out time. 2005 [iehc] 206 has limited’s to authorit

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Courts Service · 2005-06-29 · courts

High Court declares Cherby director failed to act responsibly

high court declares cherby director failed to act responsibly the granted liquidator’s application under section 150 of companies 1990, finding that john cooke’s conduct contributed limited’s insolvency and asset shortfall. 2005 iehc 219 has declared cooke in affairs limited, which went into liquida

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Courts Service · 2005-06-29 · courts

High Court restricts Cooke from company roles for five years

high court restricts cooke from company roles for five years the found that john cooke’s handling of insolvent café showed incompetence amounting to irresponsibility. it dismissed case against co-director debbie byrne. 2005 iehc 225 has restricted acting as a director or secretary, taking part in fo

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Courts Service · 2005-06-29 · courts

Court refuses to revisit retrial order for Dermot Laide

court refuses to revisit retrial order for dermot laide the of criminal appeal rejected a bid remove direction and said it had no jurisdiction issue section 29 certificate after quashing conviction ordering retrial. has refused reconsider its earlier directing laide, ruled that certify point law sup

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Courts Service · 2005-06-28 · courts

High Court rejects Caldwell’s challenge to Mahon Tribunal inquiry as out of time

high court rejects caldwell’s challenge to mahon tribunal inquiry as out of time the held that could investigate carrickmines ii module and related land issues, found judicial review proceedings were brought after applicable limit. it deferred judgment on privacy claim pending further submissions. 2

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Courts Service · 2005-06-28 · courts

High Court rejects Italian company’s challenge to Irish jurisdiction in €345,224 and $1.1m goods claim

high court rejects italian company’s challenge to irish jurisdiction in €345,224 and $1.1m goods claim the dismissed defendant’s application set aside service, finding that under 22 invoiced sales were delivered galway for purposes of eu rules. 2005 iehc 223 court, commercial has an service proceedi

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Courts Service · 2005-06-24 · courts

High Court rejects defamation claim after finding qualified privilege applied

high court rejects defamation claim after finding qualified privilege applied the found statements oliver canty made about adrian doyle were defamatory and untrue, but dismissed because letters protected by had not proved actual malice. 2005 iehc 234 doyle’s action against canty, that in canty’s unt

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Courts Service · 2005-06-24 · courts

High Court grants limited leave to challenge refugee refusal over alleged error on police protection

high court grants limited leave to challenge refugee refusal over alleged error on police protection the allowed a proceed two narrow grounds concerning credibility and state protection, but did not decide whether was lawful. 2005 iehc 220 has granted decision refusing status woman her minor childre

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Courts Service · 2005-06-24 · courts

Criminal Appeal Court allows copyright conviction appeal over defective search warrant

criminal appeal court allows copyright conviction over defective search warrant the found that errors in and supporting information made them misleading unclear, meant statutory requirements were not strictly met. of allowed david mcgoldrick’s against four infringement convictions after finding used

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Courts Service · 2005-06-23 · courts

High Court quashes refugee recommendations over undisclosed country information

high court quashes refugee recommendations over undisclosed country information the found that two applicants had no fair chance to answer used undermine their credibility. it did not decide whether they qualified for status. [2005] iehc 218 has quashed refugee-status against a nigerian man and his

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Courts Service · 2005-06-22 · courts

Supreme Court bars trial over decades-old indecent assault allegations

supreme court bars trial over decades-old indecent assault allegations the allowed an appeal and prohibited on charges concerning two complainants, finding no sufficient explanation for long delay in reporting. it did not decide or consider prosecutorial delay. has of appellant after that reporting

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Courts Service · 2005-06-22 · courts

Supreme Court prohibits trial after finding extreme delay unexplained

supreme court prohibits trial after finding extreme delay unexplained justice fennelly agreed that the appellant was entitled to an order prohibiting prosecution because respondents’ explanations for very were insufficient. prohibited of anonymised appellant, t. s., in case unexplained. a judgment d

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Courts Service · 2005-06-22 · courts

Supreme Court justice explains test for fair trial after long delay

supreme court justice explains test for fair trial after long delay in a separate judgment concurring with the proposed order, mr hardiman said combined lack of other information could create serious risk prejudice, even without demonstrated actual prejudice. [2005] iesc 43 has discussed how courts

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Courts Service · 2005-06-22 · courts

High Court awards €88,000 over sexual abuse of Donegal teenager

high court awards €88,000 over sexual abuse of donegal teenager the assessed damages after defendant consented to judgment. it awarded €85,000 in compensatory and €3,000 aggravated damages, but refused exemplary made no award for future pain suffering. [2005] iehc 216 a man who was sexually abused b

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Courts Service · 2005-06-21 · courts

High Court refuses leave to challenge refusal of Kildare house plans

high court refuses leave to challenge refusal of kildare house plans the said a one planning ground could not benefit applicants while separate remained in place. 2005 iehc 215 refused james and margaret talbot seek judicial review an bord pleanála’s their application build ancillary works at gorman

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Courts Service · 2005-06-21 · courts

High Court assesses €98,056 in damages after woman’s fatal road collision

high court assesses €98,056 in damages after woman’s fatal road collision the awarded a fatal-accident claim, including sums for mental distress and her fiancé’s loss of financial support household services. [2005] iehc 214 assessed €98,056.25 claim brought by francis quinn, father personal represen

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Courts Service · 2005-06-21 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found no demonstrable error in appeals tribunal’s and declined for judicial review. [2005] iehc 476 refused an applicant bring review proceedings challenging handling outcome of his appeal, finding principle that would justify court’s

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Courts Service · 2005-06-20 · courts

Supreme Court dismisses appeal over refusal to revoke deportation order

supreme court dismisses appeal over refusal to revoke deportation order the held that minister could consider length of couple’s cohabitation when weighing application, and found no basis overturn decision on grounds argued. dismissed tracy cirpaci aurel cirpaci’s affirmed high refusing quash minist

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Courts Service · 2005-06-17 · courts

High Court affirms €83,014 in costs allowed against James Kenny

high court affirms €83,014 in costs allowed against james kenny quirke j. rejected kenny’s challenge to a taxing master’s assessment of awarded trinity college and supreme proceedings. [2005] iehc 203 the has affirmed decision allowing €83,014.74 kenny, rejecting his application review assessment. j

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Courts Service · 2005-06-17 · courts

High Court refuses bid to stop retrial over missing fingerprint evidence

high court refuses bid to stop retrial over missing fingerprint evidence quirke j. found the applicant had not shown that unavailable and palm-mark created a real risk of an unfair on drug charges. [2005] iehc 185 refused application prohibit john kelly two charges, finding he proved trial. in judgm

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Courts Service · 2005-06-17 · courts

High Court quashes refusal of Lusitania diving licence application

high court quashes refusal of lusitania diving licence application the found minister’s 2001 unlawful, but did not grant a or decide merits proposed exploration. [2005] iehc 207 has ruled that minister for arts, heritage, gaeltacht and islands acted unlawfully in refusing f. gregg bemis’s to dive, s

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Courts Service · 2005-06-17 · courts

High Court refuses to halt dangerous-driving prosecution over truck inspection

high court refuses to halt dangerous-driving prosecution over truck inspection the found applicant had not shown that trailer evidence was material his defence or its absence risked an unfair trial. [2005] iehc 193 has refused application prohibit further of a man charged with dangerous driving caus

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Courts Service · 2005-06-17 · courts

Court orders investigation of Cork landfill site after finding continuing pollution risk

court orders investigation of cork landfill site after finding continuing pollution risk the high directed landowner and company operating at weir island to commission pay for a investigation. it left any further remediation later consideration. [2005] iehc 208 has ordered louis o’regan aggregate su

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Courts Service · 2005-06-17 · courts

High Court rules Kildare compensation notice was late in Abbeydrive planning case

high court rules kildare compensation notice was late in abbeydrive planning case the answered two questions a special stated by an arbitrator, finding council’s invalid and that none of bord pleanála’s refusal reasons excluded under provisions considered. [2005] iehc 209 ruled served county council

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Courts Service · 2005-06-16 · courts

High Court rules €256,044 transfer after winding-up petition caught by company law

high court rules €256,044 transfer after winding-up petition caught by company law the treated company’s bank and its parent as disponees of a payment made was deemed to begin, leaving any application validate for later consideration. [2005] iehc 189 ruled that both worldport ireland limited were €2

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Courts Service · 2005-06-16 · courts

Supreme Court dismisses doctor’s appeal over discretionary medical defence assistance

supreme court dismisses doctor’s appeal over discretionary medical defence assistance the held that union was not contractually bound to indemnify doctor and had lawfully declined after seeking his cooperation information. has dismissed general practitioner james m. barry’s against dismissal of acti

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Courts Service · 2005-06-15 · courts

High Court grants leave to challenge Monaghan bypass spur decision

high court grants leave to challenge monaghan bypass spur decision the allowed a judicial review proceed on limited grounds concerning possible fifth arm at n2/n12 roundabout. it did not decide whether council had promised build it. 2005 iehc 191 has granted aughey enterprises and barry pursue from

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Courts Service · 2005-06-15 · courts

High Court rejects bid for mandatory order over autistic boy’s education

high court rejects bid for mandatory order over autistic boy’s education the held that an undertaking to provide educational and care programme at woodlawn was objectively adequate, provided its concrete arrangements were maintained. it made no finding on adequacy of earlier education. 2005 iehc 296

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Courts Service · 2005-06-15 · courts

High Court refuses to stop historic sexual assault trial despite allegations dating to 1970s

high court refuses to stop historic sexual assault trial despite allegations dating 1970s [2005] iehc 204 by ruth mercer the has refused prosecution of an elderly man on 20 offence charges arising from said have occurred in county dublin between 1976 and 1984. m.m. faced 19 counts indecent one count

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Courts Service · 2005-06-15 · courts

High Court allows Goatstown robbery and firearms prosecution to continue after fresh charges

high court allows goatstown robbery and firearms prosecution to continue after fresh charges [2005] iehc 383 by tom arden the has allowed of frank ward larry cummins over an alleged assault in car park goat grill goatstown, dublin 14, despite earlier being discontinued restarted. two men had been ch

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Courts Service · 2005-06-14 · courts

High Court rules Wexford summons was sought within six months

high court rules wexford summons was sought within six months the held that application for a over alleged dangerous driving made in time, applying pre-1937 rule calculating six-month limit. 2005 iehc 187 ruled an against simon stafford and associated offences applicable time judgment delivered on 1

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Courts Service · 2005-06-14 · courts

High Court transfers Dundalk planning challenge to Commercial List

high court transfers dundalk planning challenge to commercial list the allowed coverfield developments’ application for transfer, finding substantial aspects proposed outlet centre. underlying judicial review had not yet been decided. [2005] iehc 188 court, transferred a permission large factory cen

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Courts Service · 2005-06-14 · courts

High Court rules Gama labour investigation report was prepared without authority

high court rules gama labour investigation report was prepared without authority the found intended for general publication outside inspector’s statutory powers and proposed an order restraining its circulation or publication. it did not determine underlying employment allegations. 2005 iehc 210 rul

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Courts Service · 2005-06-10 · courts

High Court rejects rescission bid over embezzlement, orders damages and share sale to proceed

high court rejects rescission bid over embezzlement, orders damages and share sale to proceed the found breaches of financial warranties in a purchase agreement but held that was unavailable. it ordered €457,000 restored company, an audit contribution further damages, while directing specific perfor

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Courts Service · 2005-06-10 · courts

High Court dismisses Bula claims over Navan allegations as abuse of process

high court dismisses bula claims over navan allegations as abuse of process the dismissed proceedings and required plaintiffs to obtain leave before bringing any further against defendant. 2005 iehc 212 brought by limited (in receivership), holdings, richard wood michael wymes, ruling that they amou

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Courts Service · 2005-06-10 · courts

High Court rejects bid for access to Midland Health Board file at deposition stage

high court rejects bid for access to midland health board file at deposition stage the refused judicial review of a district ruling that denied confidential health-board records sought by defendant facing sexual-offence charges. [2005] iehc 198 has rejected application j. f. over held during hearing

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Courts Service · 2005-06-10 · courts

High Court allows autism care claim amendment and expands discovery order

high court allows autism care claim amendment and expands discovery order the permitted a under european convention on human rights act to be added ongoing proceedings varied directions. it did not decide underlying allegations or settle costs. [2005] iehc 288 has allowed alan clifford, suing throug

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Courts Service · 2005-06-10 · courts

Supreme Court sends equal pay dispute back to Labour Court

supreme court sends equal pay dispute back to labour the found an error of law in how assessed whether reasons other than sex explained different for security staff and two job-sharing switchboard operators. has sent a over alleged discrimination court, finding that it had not properly considered ci

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Courts Service · 2005-06-09 · courts

High Court finds sale contract void over missing spouse consent; damages remain undecided

high court finds sale contract void over missing spouse consent; damages remain undecided the said purchaser could have relied on contract’s terms about shell agreements, but ruled that whole was because vendor’s wife had not given prior written consent. it reserved question for further submissions.

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Courts Service · 2005-06-09 · courts

High Court rules interest on solicitors’ pooled client funds belonged to clients

high court rules interest on solicitors’ pooled client funds belonged to clients the answered a case stated about tax earned in 1991–92, holding that clients’ money and its remained theirs were held trust. 2005 iehc 179 (revenue) general deposit account was not income of solicitors liable at 52%. ru

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Courts Service · 2005-06-09 · courts

Supreme Court quashes committee appointment and suspension of surgeon

supreme court quashes committee appointment and suspension of surgeon the held that no proposal to remove consultant had been made support a statutory committee, his without pay was invalid. [2005] iesc 39 quashed consider removing pawan rajpal from office also decision suspend him pay. judgment, de

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Courts Service · 2005-06-08 · courts

Court rules DPP’s sentence review application was in time

court rules dpp’s sentence review application was in time the of criminal appeal rejected john mccabe’s time-limit objection and said it would fix a hearing date for application. ruled that by director public prosecutions lodged time, rejecting an had missed statutory deadline. to hear application;

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Courts Service · 2005-06-08 · courts

High Court rules foreign patent representations inadmissible in discovery dispute

high court rules foreign patent representations inadmissible in discovery dispute the ruling addressed admissibility only a construction case; it did not decide whether requested documents should be discovered. 2005 iehc 178 ruled that by patentee or its representatives about what means are to help

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Courts Service · 2005-06-08 · courts

High Court refused to block RTÉ nursing home programme but barred further trespass

high court refused to block rté nursing home programme but barred further trespass the declined restrain planned broadcast at interlocutory stage, citing programme’s significant public interest. it separately ordered not again on premises pending trial. [2005] iehc 180 applications by a director and

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Courts Service · 2005-06-07 · courts

High Court refuses habeas corpus application over warrant’s mistaken statutory reference

high court refuses habeas corpus application over warrant’s mistaken statutory reference the held that an incorrect to a subsection in surrender warrant did not make man’s detention unlawful. it left any correction of for separate application. [2005] iehc 195 refused by man at cloverhill prison pend

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Courts Service · 2005-06-07 · courts

Supreme Court overturns order requiring company to secure defendants’ costs

supreme court overturns order requiring company to secure defendants’ costs the allowed an appeal over a security-for-costs order, citing year-long delay and conduct during litigation. has overturned hidden ireland heritage holidays limited provide security for legal of two defendants if they won th

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Courts Service · 2005-06-03 · courts

Supreme Court overturns preliminary ruling on delay in criminal case

supreme court overturns preliminary ruling on delay in criminal case the held that an accused person’s seeking judicial review should not have been considered isolation from alleged prosecutorial and wider circumstances. [2005] iesc 37 has set aside a high order barring anonymised applicant pursuing

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Courts Service · 2005-06-03 · courts

High Court rejects challenge to Derrybrien wind farm tree felling

high court rejects challenge to derrybrien wind farm tree felling the was not satisfied that proposed removal of forestry unauthorised development, finding permissions covered change from use. [2005] iehc 485 rejected an application by cooperative society limited stop for a at derrybrien, co galway.

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Courts Service · 2005-06-03 · courts

High Court declines jurisdiction in Irish family proceedings after French divorce case began first

high court declines jurisdiction in irish family proceedings after french divorce case began first the said applicant was precluded from making her constitutional challenge and declared that it had no jurisdiction, concluding courts under eu regulations. 2002 iehc 335 a found to have been seised of

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Courts Service · 2005-06-03 · courts

High Court restrains hospital inquiry over reliance on flawed bullying report

high court restrains hospital inquiry over reliance on flawed bullying report the granted an interlocutory injunction against proposed in its existing form, finding arguable case that it could rely a prepared without warning employee of possible adverse findings. [2005] iehc 170 has restrained mercy

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Courts Service · 2005-06-03 · courts

High Court splits National Aquatic Centre lease dispute between arbitration and expert review

high court splits national aquatic centre lease dispute between arbitration and expert review the stayed claims over disputed vat repair obligations for separate processes, but refused a stay on rent other matters where it found no relevant dispute. [2005] iehc 201 court, commercial has parts of so

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Courts Service · 2005-06-03 · courts

High Court prohibits prosecution on most counts in delayed abuse case

high court prohibits prosecution on most counts in delayed abuse case the barred further complaints by five complainants, but allowed 13 of 34 charges to proceed. [2005] iehc 166 has prohibited director public prosecutions from pursuing 21 against an anonymised applicant accused assaults at industri

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Courts Service · 2005-06-03 · courts

High Court dismisses musician’s negligence claim over eye surgery

high court dismisses musician’s negligence claim over eye surgery the was not satisfied that surgeon failed to warn patient about risk of double vision before elective surgery. [2005] iehc 479 has dismissed a against hospital nominee surgery, finding he had proved him vision. judgment, delivered by

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Courts Service · 2005-06-03 · courts

High Court refuses challenge to refugee tribunal decision

high court refuses challenge to refugee tribunal decision the found there was relevant material supporting tribunal’s credibility assessment and declined quash its decision. [2005] iehc 469 has refused an application for judicial review challenging a that woman from cameroon should not be declared r

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Courts Service · 2005-06-02 · courts

High Court refuses leave to challenge rejection of Chinese man’s asylum appeal

high court refuses leave to challenge rejection of chinese man’s asylum appeal the found applicant had not shown substantial grounds for judicial review refugee appeals tribunal’s refusal his appeal. [2005] iehc 167 refused an application bring proceedings against a status claim. in judgment deliver

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Courts Service · 2005-06-01 · courts

High Court rules patent agent’s 12-month non-compete clause unenforceable

high court rules patent agent’s 12-month non-compete clause unenforceable the found remained part of barry purdy’s employment terms, but its ban on all competition went further than needed to protect his former employer’s customers. 2005 iehc 159 has ruled that a non-competition in service agreement

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