Courts Service · 2005-07-29 · courts
supreme court dismisses challenge to refusal of extradition document disclosure the appeal concerned a request pause proceedings and obtain documents. upheld high court’s stay most requested disclosure, while confirming that some documents could be inspected. has dismissed shane egan’s against rulin
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Courts Service · 2005-07-29 · courts
supreme court says jason brady should have had notice before evidence-gathering hearing the has criticised how irish authorities handled an international request concerning brady, finding that he been notified of a district in particular circumstances case. proceedings concerned system mutual assist
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Courts Service · 2005-07-29 · courts
high court allows nigerian family to challenge refusal of refugee status over fgm and sickle cell claims [2005] iehc 270 the has given a mother three minors permission their applications for after finding an arguable case that assessment process may have been unfair. gladys ayoka ogunlade arrived in
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Courts Service · 2005-07-29 · courts
high court refuses to restrict directors of failed construction company [2005] iehc 346 the has refused three former camoate limited despite finding that an €87,500 payment connected with purchase shares breached companies act. liquidators simon coyle and ken fennell sought restriction orders agains
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Courts Service · 2005-07-29 · courts
high court removes arbitrator from moyne community school promotion dispute [2005] iehc 271 the has removed barrister michael macnamee proceedings arising a disputed process at school, holding that he was immune being sued for negligence over his work as arbitrator. patrick redahan had been selected
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Courts Service · 2005-07-29 · courts
supreme court judge raises fair-procedure concerns over uk evidence request involving jason brady a has raised significant the handling in ireland of british for concerning following fatal incident birmingham. appeal arose from december 2001 by crown prosecution service west midlands under internati
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Courts Service · 2005-07-29 · courts
high court orders wider disclosure of tom gilmartin material to owen o’callaghan [2005] iehc 265 court, judicial review the has ruled that o’callaghan’s legal team must receive a range from statements made by tribunal inquiry into certain planning matters and payments. decision concerned how an earl
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Courts Service · 2005-07-29 · courts
supreme court upholds most of order assisting english murder investigation, bars transfer phone the dismissed grounds in jason brady’s appeal over an irish mutual assistance process, but declared that his mobile could not be sent to police and accepted undertaking medical evidence would remain irela
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Courts Service · 2005-07-29 · courts
bulmers loses high court appeal over rating of cider tanks at clonmel plant 2005 iehc 260 the has upheld a ruling that and vats used in production limited's dowd's lane can be included property's rateable valuation. dispute concerned 56 or interconnected by pipework pumps. argued vessels should trea
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Courts Service · 2005-07-29 · courts
high court grants nullity petition over petitioner’s incapacity to sustain marriage the found that serious mental illness and its effects on his personality left him incapable of sustaining a normal marital relationship. it rejected separate claim he lacked capacity consent wedding. [2005] iehc 384
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Courts Service · 2005-07-29 · courts
dundalk solicitor’s beneficial interest claim survives dispute over former reynolds and boyne motor sites [2005] iehc 268 high court the has ruled that solicitor declan mccourt may continue to a in properties at hill street marsh’s upper, while rejecting his legal ownership lands. concerns electroni
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Courts Service · 2005-07-29 · courts
supreme court judgment calls for retrial in john diver murder case over garda interview and witness evidence errors [2005] iesc 57 a has concluded that diver’s conviction the of his wife geraldine should be quashed ordered because serious concerning interviews attributed to couple’s children. was st
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Courts Service · 2005-07-29 · courts
supreme court allows killeek developer to argue bungalow was exempt from planning permission [2005] iesc 55 by tom arden the has ruled that william p. keeling & sons limited can a partially completed at lane, killeek, county dublin, requirement for permission, despite having previously applied three
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Courts Service · 2005-07-28 · courts
high court rejects challenge to special criminal jurisdiction the held that barry o’brien was lawfully brought before after his re-arrest and trial could proceed. [2005] iehc 297 rejected o’brien’s judicial review court’s jurisdiction, ruling he it face a charge of membership an unlawful organisatio
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Courts Service · 2005-07-28 · courts
supreme court rules limerick garda’s arrest lawful, upholds woman’s damages award the allowed state’s appeal over anselm walshe’s 1991 arrest, setting aside his €175,000 award, but dismissed concerning kay bedford’s and €100,000 award. ruled that of garda walshe was overturning a high ruling it bedf
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Courts Service · 2005-07-28 · courts
supreme court allows anselm walshe appeal and clarifies garda arrest suspicion requirement the has allowed an concerning joseph while dismissing separate arising from case of kay bedford, in proceedings involving use powers under section 30 offences against state act 1939. chief justice john l. murr
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Courts Service · 2005-07-28 · courts
supreme court says breath-test instructions form part of legal requirement the answered a circuit court’s first question in affirmative, ruling that failure to provide breath specimens manner gardaí indicate can amount an offence. it did not decide whether defendant was guilty. has ruled person requ
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Courts Service · 2005-07-28 · courts
supreme court: breath-test manner alone did not create an offence in a case stated under road traffic legislation, the court answered that failing to follow garda’s indicated of exhaling was itself section 13(2). it said two breath specimens had allow alcohol concentration be determined. ruled perso
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Courts Service · 2005-07-28 · courts
high court restricts three directors for five years over irish company’s collapse the granted restriction orders against raymond kelly, declan kelly and brian harnett. it dismissed application tim patrick o’flaherty, finding evidence did not establish that statutory test applied to them. 2005 iehc 4
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Courts Service · 2005-07-28 · courts
high court dismisses mary cuddy injury claim over fall on clonaslee footpath [2005] iehc 279 the has dismissed an 84-year-old woman’s personal arising from a main street in clonaslee, co laois. claimed she tripped raised rim of manhole cover while walking to mass may 16, 2004. public improvement wor
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Courts Service · 2005-07-28 · courts
high court extends time for appeal over €172,000 property award the allowed susan evans more to a circuit order awarding thomas gannon 40% of net proceeds from house sale. it left costs and any security requirement further hearing. 2005 iehc 379 has extended file an against requiring her pay did not
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Courts Service · 2005-07-28 · courts
high court awards €85,000 property payment after nullified marriage [2005] iehc 484 the has ordered a man to pay his former wife in return for her transferring interest jointly owned following nullification of their marriage. e.g. and j.g. married july 1993 separated december 1996. they had no child
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Courts Service · 2005-07-28 · courts
high court refuses leave to challenge refugee appeal decision the found no substantial grounds for judicial review of a tribunal affirming refusal status, while stressing that its ruling concerned bring challenge. [2005] iehc 470 refused an applicant seek appeals affirmed recommend status. held she
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Courts Service · 2005-07-28 · courts
supreme court finds arrest of anselm walshe under offences against state act was lawful the has overturned a high judgment in favour joseph after finding that his section 30 1939 lawful. and kay bedford had been arrested limerick before being taken to bridewell garda station dublin. detective inspec
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Courts Service · 2005-07-28 · courts
court removes suspended jail term for careless driver after fatal carrick-on-suir crash [2005] iecca 94 of criminal appeal the has removed a prison sentence imposed on peter o’dwyer driving following road collision near carrick-on-suir, co tipperary. mr had originally been charged with dangerous cau
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Courts Service · 2005-07-28 · courts
court refuses leave to appeal in double-murder case the of criminal rejected challenges interview evidence, interpreter, photographs, a witness’s evidence and exhibits. 70/03 refused yu jie his conviction on two counts murder, finding no basis disturb trial judge’s rulings issues raised. court’s jud
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Courts Service · 2005-07-28 · courts
supreme court quashes conviction under breath-test charge as framed the held that failing to follow a garda’s instructions on how provide breath specimens was not, by itself, an offence provision charged. it also said specimen must allow alcohol concentration be measured count compliance. has ruled
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Courts Service · 2005-07-27 · courts
high court quashes findings in review of former officer’s retirement the found that withholding defence forces files deprived applicant a fair chance to make informed representations. 1969 decision itself remains unaffected. 2005 iehc 273 has ruled was conducted unfairly, quashing and conclusions ju
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Courts Service · 2005-07-27 · courts
high court refuses extradition of priest to arizona over 1978 child sex allegations [2005] iehc 289 the has refused extradite an anonymised roman catholic face sexually abusing a ten-year-old altar boy in 1978. priest, identified proceedings as p.o.c., was accused three incidents involving alleged o
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Courts Service · 2005-07-27 · courts
high court refuses to halt prosecution in 93-count sexual-offence case the extended time for a father’s judicial review application but found reporting delay explicable and did not identify prejudice warranting prohibition of his trial. [2005] iehc 290 has refused an prohibit man facing 93 counts al
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Courts Service · 2005-07-27 · courts
high court rejects garda bid to move letterkenny burglary inquiry outside donegal [2005] iehc 269 by ciaran vale the has rejected an application tina fowley seeking have investigation of a at her home transferred away from gardaí connected with division. fowley’s was burgled on january 10, 2005. ite
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Courts Service · 2005-07-27 · courts
irish law to decide €502.7m air lib claim in flightlease liquidation [2005] iehc 274 high court the has ruled that a €502.7 million by liquidators of french airline winding-up ireland ltd must be assessed courts under insolvency law. mr justice murphy decided preliminary legal questions arising from
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Courts Service · 2005-07-26 · courts
high court refuses leave to challenge corrib gas terminal planning permission the found that martin harrington lacked required substantial interest and had not shown grounds for judicial review of an bord pleanála’s 2004 decision. 2005 iehc 344 court, commercial has refused bring proceedings challen
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Courts Service · 2005-07-26 · courts
high court rules uninsured-driver injury claim involving mibi must first go to piab [2005] iehc 266 the has ruled that a personal claimant seeking recovery through motor insurers bureau of ireland after an collision use injuries assessment board process before issuing proceedings. michael campbell's
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Courts Service · 2005-07-26 · courts
high court rejects challenge to nigerian man’s detention under deportation order the found immigration officer was entitled arrest man on information available at time. he had already been deported uk by agreement, and could no longer his release. [2005] iehc 483 rejected a an outstanding order, fin
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Courts Service · 2005-07-25 · courts
high court orders €3.3m for alternative home in judicial separation case the ordered annual maintenance of €240,000 respondent and €20,000 each dependent child, while leaving detailed security terms further discussion with counsel. [2005] iehc 276 has a husband to provide €3.3 million his wife’s acc
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Courts Service · 2005-07-22 · courts
high court refuses to add former director document imaging systems restriction case the has refused an application by limited joseph corcoran join proceedings seeking orders against three other directors of company. was ordered be wound up on april 3, 2000, when eamonn leahy appointed official liqui
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Courts Service · 2005-07-22 · courts
high court rules devlin valuation did not bind homeowner and builder the held that process resolve all issues parties had agreed to refer, expert gave no deadline before treating his report as final. 2005 iehc 248 a judge has ruled quantity surveyor’s solicitor james o’mahony patrick o’connor in the
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Courts Service · 2005-07-22 · courts
high court grants relief over lost note in dangerous-driving prosecution the found note’s loss left accused potentially unfairly handicapped defending charges pending before wicklow circuit criminal court. judgment does not specify form of granted. [2005] iehc 251 granted to a man facing for dangero
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Courts Service · 2005-07-22 · courts
high court restrains prosecution after repeated district delays the found that a delay of about two years and four months breached applicant’s right to an expeditious hearing, even without specific prejudice being shown. 2005 iehc 243 restrained further man charged with assault causing harm prevente
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Courts Service · 2005-07-22 · courts
high court awards fitter €252,000 after m50 collision liability had been conceded, leaving the to assess damages. judge accepted that caused plaintiff’s lumbar disc rupture but rejected his claim for future earnings loss as unproven. 2005 iehc 275 awarded a self-employed service in damages and costs
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Courts Service · 2005-07-22 · courts
high court refuses state bid to move tobacco legislation challenge out of commercial [2005] iehc 267 (commercial) by tom arden the has refused a application major tobacco-industry public health after more than year case management. proceedings were brought companies including pj carroll and company
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Courts Service · 2005-07-22 · courts
high court removes vhi from remaining bupa challenge to health insurance scheme [2005] iehc 291 the has ruled that voluntary board should no longer participate as a notice party in parts of ireland's risk equalisation arrangements. began judicial review proceedings after authority recommended on apr
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Courts Service · 2005-07-21 · courts
high court finds newspaper articles published before sentencing were contempt of [2005] iehc 353 court, judicial review by maeve rowan the has found that irish independent and sunday world a man convicted repeatedly sexually abusing his daughters amounted to court. c.d. pleaded guilty in central cri
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Courts Service · 2005-07-20 · courts
high court awards €16,500 to prisoner injured in cork prison toilet fall the found authorities negligent over a wet, slippery floor, while accepting that their cleaning routine was sufficient and warning sign place. 2005 [iehc] 253 has awarded who when he slipped fell at february 2001. mr justice he
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Courts Service · 2005-07-20 · courts
high court refuses challenge to indictment for alleged bundoran assault the held that six-month limit applied summary route, which had expired, but did not prevent dpp from prosecuting on indictment. 2005 iehc 257 refused robert robinson’s application stop his prosecution an causing harm in bundoran
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Courts Service · 2005-07-19 · courts
high court orders man discharged from czech extradition process the ruled that republic’s 2004 request could not proceed under 1965 act after country was designated for european arrest warrant system. 2005 iehc 254 ordered discharge of ladislav klier a republic process, ruling obtained inappropriate
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Courts Service · 2005-07-19 · courts
court quashes teenager’s wicklow sexual assault convictions over jury direction on corroboration of criminal appeal the has quashed an anonymised applicant arising from and physical a 13-year-old girl in county august 1996. applicant, identified as m.k., was also 13 at time. he convicted by dublin c
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Courts Service · 2005-07-18 · courts
high court considers breath-test certificate error in drink-driving case a district judge referred two questions about an incorrectly completed to the court. supplied judgment extract ends before court’s answers. [2005] iehc 245 considered whether on could undermine prosecution for being drunk charg
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Courts Service · 2005-07-18 · courts
high court finds landlord liable for leaking roof at da pinos restaurant in dublin [2005] iehc 252 the has found that daniel morrissey is to operator manuel jiminez disrepair of a premises junction parliament street and cork hill city centre. mr operated under 33-year lease dating from december 1993
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Courts Service · 2005-07-18 · courts
supreme court rejects prison officer’s bid to stop disciplinary hearings the held that rules set no specific time limit for complaints made directly governor, while leaving delay arguments available as a defence at hearing. [2005] iesc 49 of ireland has dismissed appeal against high decision allowin
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Courts Service · 2005-07-18 · courts
high court refuses to halt historic artane abuse prosecution over delay [2005] iehc 262 court, judicial review by niamh ellis the has refused stop of a christian brother on 72 sexual-offence charges involving six complainants, including five former residents industrial school. s.a. faced eight bugge
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Courts Service · 2005-07-16 · courts
high court bars dangerous-driving trial after truck tyres were not preserved the found missing central to prosecution case and their loss created a real risk accused could receive fair trial. [2005] iehc 299 has prohibited of dennis ludlow on charges arising from fatal road collision finding that fa
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Courts Service · 2005-07-15 · courts
court refuses leave to appeal 12-year sentence for €2m-plus ecstasy haul the of criminal said was appropriate given scale drugs seizure, applicant’s record and absence exceptional circumstances. people (dpp) v. ducque, no. 186/04 refused jonathan ducque a prison possessing worth between €2.09 millio
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Courts Service · 2005-07-15 · courts
high court refuses angolan man's bid to challenge deportation order [2005] iehc 247 the has refused an man permission pursue judicial review of a order, finding that his application was out time and had not been properly grounded. mr justice murphy delivered judgment on july 15, 2005, in proceedings
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Courts Service · 2005-07-15 · courts
high court rejects challenge to transfer of bank ireland records for dutch tax investigation [2005] iehc 240 the has rejected a use in into alleged corporation evasion involving drinks company flugel n.v. prosecutors breda had requested evidence concerning payments allegedly made by an irish-registe
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Courts Service · 2005-07-14 · courts
high court rules disposable nappies were not grocery goods under 1987 order the granted dunnes stores’ application for a declaration after finding that order’s definition did clearly and unambiguously include nappies. 2005 iehc 242 declared included in of “grocery goods” restrictive practices (groce
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Courts Service · 2005-07-13 · courts
court rejects dpp bid to review suspended sentence for aggravated sexual assault the of criminal appeal said sentencing judge had erred by treating accepted compensation as a reason suspend sentence, but refused change four-year term in exceptional circumstances case. has director public prosecution
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Courts Service · 2005-07-13 · courts
court of criminal appeal imposes four-year sentence for rape, suspending three years the found an error principle in original suspended sentence, ruling that compensation could not by itself justify avoiding custody. [25cja/05] imposed a prison on john mclaughlin final years, after finding sentence.
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Courts Service · 2005-07-12 · courts
supreme court judgment addresses mistake over age as defence to sexual offence charges [2005] iesc 48 by ruth mercer a has concluded that two men awaiting trial in dublin should be permitted rely on about complainant's charges. c.c. faced four of unlawful carnal knowledge girl under 15 arising from
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Courts Service · 2005-07-12 · courts
supreme court rules genuine mistake about age may be defence to sexual assault charge the has ruled that a complainant’s raised as assault, while reaching different conclusion in linked case involving statutory offence of unlawful carnal knowledge girl under 15. considered appeals by two anonymised
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Courts Service · 2005-07-12 · courts
supreme court strikes out ativan damages claim after years of unexplained delay the has struck a personal injuries action brought by joan bernadette keogh against manufacturers prescription anxiety drug proceedings remained unresolved for more than 16 years. began taking in 1979 it was prescribed he
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Courts Service · 2005-07-12 · courts
supreme court judge says genuine mistake about girl's age can be defence to sexual assault a has concluded that man facing sexual-assault charges involving 13-year-old girl rely on belief she was at least 15 as part of his defence. mr justice geoghegan reached conclusion in linked judicial review ap
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Courts Service · 2005-07-12 · courts
supreme court rules reasonable mistake about age can be defence in child sex offence cases the has ruled that two men awaiting trial dublin may rely on a complainant's as part of their to sexual charges. c.c. and p.g. were separately charged with offences involving same complainant. faced four count
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Courts Service · 2005-07-12 · courts
supreme court would dismiss appeal over age-mistake defence in 1935 act case justice fennelly concluded that the statute excluded a based on mistaken belief about complainant’s age, but said constitutional question might require further argument. an by c. interpretation of section 1(1) criminal law
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Courts Service · 2005-07-12 · courts
supreme court sends family assets back for fresh assessment, upholds contempt finding the ruled that land owned by husband’s father could not be treated as part of home or couple’s assets. it also dismissed wife’s appeal against a over changing children’s school. has sent family-law dispute to high
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Courts Service · 2005-07-12 · courts
high court directs release of man facing return to uk for sentencing the found that exceptional lapse time and other circumstances made it oppressive invidious applicant under an extradition order. 2005 iehc 246 directed a who faced rendition united kingdom on 1995 burglary conviction, finding his w
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Courts Service · 2005-07-08 · courts
high court rules petrol station operator was a commercial agent the decided preliminary issue in michael kenny’s claim against ireland roc limited, finding that his work at martello service made him under irish regulations. 2005 iehc 241 has ruled kenny of limited (iroc) for purposes agents regulati
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Courts Service · 2005-07-08 · courts
high court rejects adverse-possession claim over moore street site the found that a neighbouring car-park operator used former of 30 with owner’s permission. it reserved form order for further submissions. 2005 iehc 238 rejected shelbourne development limited’s had acquired street, dublin, by advers
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Courts Service · 2005-07-08 · courts
high court rules arbitrator appointment void in dispute over subcontract clause the found that a domestic subcontractor’s agreement did not include allowing it to use main contractor’s name arbitration proceedings against anglo irish banking corporation. 2005 iehc 239 declared an arbitrator’s after
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Courts Service · 2005-07-07 · courts
high court rejects challenge to donegal road-closure process and planning extension the held that county council could reconsider a proposed extinguishment of public right way. it also refused one-year permission, finding applicant had no standing bring part case. 2005 iehc 231 has kathleen coll’s a
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Courts Service · 2005-07-07 · courts
state ordered to pay appeal and retrial costs for dermot laide the court of criminal said defence had not contributed need retrial. it laide’s in full. has full retrial, despite his conviction violent disorder being upheld. a judgment delivered on 7 july 2005, was satisfied that new trial. complexit
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Courts Service · 2005-07-06 · courts
supreme court rejects pharmacies’ challenge to community pharmacy contract the upheld high court’s refusal of relief, finding was a permissible arrangement under health act and rejecting claims that its challenged terms were unreasonable or irrational. rejected an appeal by collooney ltd hollyhill a
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Courts Service · 2005-07-06 · courts
supreme court dismisses pharmacies’ challenge to health board contracts the upheld agreements as made under act 1970, but left an ambiguity about termination clauses undecided. dismissed appeals by collooney pharmacy ltd and holly hill ltd, holding that boards could require pharmacies enter a standa
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Courts Service · 2005-07-05 · courts
high court awards €247,488 after dublin taxi crash left woman unable to travel work the found driver liable for 2001 collision and rejected a claim that passenger’s failure wear seatbelt contributed her injuries. it awarded damages physical psychological harm, lost earnings expenses, deducting disab
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Courts Service · 2005-07-05 · courts
high court finds spanish divorce outcome unjust, but leaves financial relief to later hearing the refused set aside leave for a former wife seek and declined strike out her claim. it found 1996 unfair, made no final order pending further evidence submissions. [2005] iehc 228 has ruled that may proce
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Courts Service · 2005-07-05 · courts
high court strikes out superwood’s claim against state over security for costs the ruled that companies’ challenge to requirement disclosed no reasonable cause of action. it also dismissed their motion judgment in default defence. 2005 iehc 232 struck a by six superwood companies ireland and attorne
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Courts Service · 2005-07-05 · courts
high court awards sandra kelly €247,488 over dublin traffic accident the rejected a contributory-negligence argument and awarded damages for injuries, continuing anxiety symptoms lost earnings. [2005] iehc 229 in after finding that 2001 caused physical injuries psychological problems prevented her f
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Courts Service · 2005-07-04 · courts
high court grants proceeds of crime order over seized money the found reasonable grounds to accept that respondent controlled in 2002 and €40,000 a car 2003, granted plaintiff relief under act. 2005 iehc 205 an section 3 act 1996 after finding statutory test was met relation said be crime. proceedin
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