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Courts Service · 2005-11-30 · courts

High Court raises counsel’s fees after finding costs ruling unjust to medical negligence plaintiff

high court raises counsel’s fees after finding costs ruling unjust to medical negligence plaintiff the reviewed taxing master’s allowance for legal and increased senior counsel brief fee €37,500 junior €25,000. [2005] iehc 399 allowed michelle quinn that master had undervalued pre-trial work in her

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Courts Service · 2005-11-29 · courts

High Court says respondent entitled to copy of Lithuanian warrant in surrender case

high court says respondent entitled to copy of lithuanian warrant in surrender case the ruling treated access underlying as a fair-procedures entitlement, while recasting request something other than an application for discovery. [2005] iehc 409 european arrest is domestic if he asks it, has ruled.

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Courts Service · 2005-11-29 · courts

High Court confirms nurse’s removal from register after appeal

high court confirms nurse’s removal from register after appeal the found professional misconduct proved and upheld fitness to practice committee’s decision erase gloria perez’s name of nurses. 2005 iehc 400 has confirmed a nurses, hearing her against findings misconduct. in judgment delivered on 29

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Courts Service · 2005-11-29 · courts

High Court finds Agnews own Blackwater fishery and grants relief

high court finds agnews own blackwater fishery and grants relief the upheld agnews’ title to several fishery, found interference with their fishing access rights, rejected estate’s abandonment prescription claims. 2005 iehc 414 ruled that ian georgina agnew had established a good on part of river in

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Courts Service · 2005-11-29 · courts

High Court rejects default permission claim over Kildare housing scheme

high court rejects default permission claim over kildare housing scheme the held that a late request for further information was invalid, but found application could not receive by because it open consideration under development plan. [2005] iehc 480 rejected abbeydrive developments limited’s judici

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Courts Service · 2005-11-25 · courts

Criminal Appeal Court refuses leave to appeal to Supreme Court

criminal appeal court refuses leave to supreme the dismissed an application certify three proposed legal questions, finding none met statutory test for a further appeal. of has yu jie’s court, that questions qualified certification under section 29 courts justice act 1924. judgment, delivered by mr

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Courts Service · 2005-11-25 · courts

High Court rules oil buyer’s insolvency occurred during insurance policy period

high court rules oil buyer’s insolvency occurred during insurance policy period the resolved a preliminary issue for emo oil, holding that liquidation when its winding-up petition was presented. ruling did not determine company’s wider claim an indemnity. [2005] iehc 474 has ruled of distributor’s b

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Courts Service · 2005-11-25 · courts

High Court rejects challenge to Cork County Council’s removal of two buses

high court rejects challenge to cork county council’s removal of two buses the refused quash decision remove from a public road, finding it had authority under 1983 regulations. found no destroy or dispose them, and applicant’s request adjourn his damages claim. [2005] iehc 420 has michael grimes’s

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Courts Service · 2005-11-24 · courts

High Court refuses challenge to South Dublin retail planning permission

high court refuses challenge to south dublin retail planning permission the found that shopkeeper who brought judicial review lacked a substantial interest and had not shown good sufficient reasons for participating in process. it also council applied wrong development plan when granting permission.

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Courts Service · 2005-11-24 · courts

High Court grants leave to challenge refugee appeal credibility decision

high court grants leave to challenge refugee appeal credibility decision the found arguable grounds that tribunal’s assessment may have relied on peripheral matters and personal conjecture. it also granted an extension of time; did not decide substantive challenge. [2005] iehc 395 applicant a appeal

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Courts Service · 2005-11-23 · courts

Supreme Court judgment upholds John Gilligan drug convictions over protected-witness evidence

supreme court judgment upholds john gilligan drug convictions over protected-witness evidence [2005] iesc 33 by daniel keane a has upheld gilligan's and ruled that from people in the state witness protection programme can lawfully be used criminal trials, subject to safeguards designed ensure fairne

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Courts Service · 2005-11-23 · courts

High Court refuses discovery bid in European arrest warrant case

high court refuses discovery bid in european arrest warrant case a judge said documents sought by robert francis stapleton were not shown to be reasonably necessary for his objections surrender the uk. [2005] iehc 386 has refused stapleton’s application proceedings over uk request face trial on 30 a

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Courts Service · 2005-11-22 · courts

High Court refuses bid to delay private Burnfoot Tribunal hearing

high court refuses bid to delay private burnfoot tribunal hearing the rejected arguments that inquiry module would prejudice a pending firearm prosecution, and said judicial review application should have been brought earlier. [2005] iehc 391 refused an applicant’s request stop from proceeding while

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Courts Service · 2005-11-22 · courts

High Court awards €39,282.75 after finding pedestrian 35% contributorily negligent

high court awards €39,282.75 after finding pedestrian 35% contributorily negligent the found driver for failing to keep a sufficient lookout, while plaintiff’s failure look before crossing contributed collision. damages were assessed at €60,435 deduction. 2005 iehc 394 awarded gerard connolly in him

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Courts Service · 2005-11-21 · courts

Supreme Court dismisses appeal to halt rape trial over unnamed witnesses

supreme court dismisses appeal to halt rape trial over unnamed witnesses the upheld refusal of leave seek judicial review, finding no arguable case a serious risk an unfair trial. questions about evidence and cross-examination remain for judge. has dismissed d.c.’s against let him review stop his on

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Courts Service · 2005-11-17 · courts

High Court sets conditions for possible Derg Marina sale approval

high court sets conditions for possible derg marina sale approval the declined to validate a at this stage, but said it would consider after transparent open-market process aimed securing commercially advantageous terms and reducing risk of liquidation. 2005 iehc 392 has declined, now, approve by we

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Courts Service · 2005-11-16 · courts

High Court certifies planning judicial review questions for Supreme Court appeal

high court certifies planning judicial review questions for supreme appeal the granted leave to and certified two about refusing where it considers applicant would gain no benefit. [2006] iehc 202 james margaret talbot in a case, certifying as matters of exceptional public importance. judgment deliv

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Courts Service · 2005-11-16 · courts

High Court refuses leave to challenge deportation order over intended marriage

high court refuses leave to challenge deportation order over intended marriage the found no substantial grounds or minister’s refusal revoke it, while leaving undecided whether applicants could amend their case target that refusal. [2005 iehc 393] refused bring judicial review proceedings challengin

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Courts Service · 2005-11-16 · courts

High Court refuses challenge to immigration document demand

high court refuses challenge to immigration document demand the held an asylum claim did not exempt applicant from a produce identity documents or explain their absence. it refused judicial review relief sought. [2005] iehc 369 application by wei sung jiang quash for made under act 2004, holding tha

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Courts Service · 2005-11-16 · courts

High Court halts former curate’s indecent assault prosecution over lengthy reporting delay

high court halts former curate’s indecent assault prosecution over lengthy reporting delay [2005] iehc 382 court, judicial review the has halted of an anonymised curate on two charges arising from alleged incident involving a youth in january 1988. applicant, identified as jf, denied allegations. co

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Courts Service · 2005-11-16 · courts

High Court rules 20-minute breath-test observation did not make detention unlawful

high court rules 20-minute breath-test observation did not make detention unlawful quirke j answered the district court’s case-stated questions in negative, finding it was open to judge rule that paul o’connor’s on evidence. [2005] iehc 371 ruled a find while gardaí observed him before taking statut

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Courts Service · 2005-11-16 · courts

High Court rules Ballyfermot bail restrictions unlawful

high court rules ballyfermot bail restrictions unlawful the found a district judge exceeded his jurisdiction by imposing 16-hour daily curfew and confining man to without evidence or proper legal basis. judgment says order should be quashed. [2005] iehc 370 ruled that conditions home for 16 hours ea

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Courts Service · 2005-11-16 · courts

Liquidator ordered to pay costs after directors defeat restriction applications

liquidator ordered to pay costs after directors defeat restriction applications the high court awarded mairin colleary, gerard connolly and sta refusing orders against of usit limited world plc. [2005] iehc 481 plc respondents who had successfully resisted restrict them as directors. judgment did no

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Courts Service · 2005-11-15 · courts

High Court refuses surrender of Tralee man to UK over delay and severe heart disease

high court refuses surrender of tralee man to uk over delay and severe heart disease [2005] iehc 377 by ciaran vale the has refused a 66-year-old living in united kingdom face three alleged indecent assaults on his granddaughter, citing both prosecutorial disease. man, identified as s.r., was sought

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Courts Service · 2005-11-14 · courts

High Court restores advertising company to register so shareholder can pursue separate proceedings

high court restores advertising company to register so shareholder can pursue separate proceedings the ordered george mcnulty file outstanding annual returns within three months, but made no direction about tax returns. 2006 iehc 19 new ad limited restored of companies, allowing vincent kelly concer

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Courts Service · 2005-11-11 · courts

High Court grants leave to challenge refugee refusal over Mungiki assessment

high court grants leave to challenge refugee refusal over mungiki assessment the found arguable grounds concerning tribunal’s treatment of country information, state protection and mungiki’s character. it did not decide whether applicant qualified for status. 2005 iehc 363 has granted victor muia se

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Courts Service · 2005-11-11 · courts

High Court rejects Garda sergeant’s challenge to 1998 disciplinary finding

high court rejects garda sergeant’s challenge to 1998 disciplinary finding the refused judicial review, application was brought too late and, alternatively, that claimed interference with tribunal hearing not substantiated. [2005] iehc 373 has a former overturn required him resign, ruling his review

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Courts Service · 2005-11-11 · courts

High Court refuses leave to challenge planning permission for Kerry dwelling

high court refuses leave to challenge planning permission for kerry dwelling the held that an bord pleanála had considered site’s history and traffic safety conditions, refused seek judicial review. [2005] iehc 372 maurice fitzgerald review of pleanála’s decision grant a at charraig, baile na ngall,

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Courts Service · 2005-11-10 · courts

High Court dismisses claim over child’s Erb’s palsy after birth

high court dismisses claim over child’s erb’s palsy after birth the judge found plaintiff had not proved, on balance of probabilities, that shoulder dystocia went undetected and untreated during delivery. [2005] iehc 359 dismissed a alleging negligence his caused an injury, finding evidence did esta

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Courts Service · 2005-11-09 · courts

High Court strikes out claim over uncle’s farm promise

high court strikes out claim over uncle’s farm promise the action could not proceed because defendant was deceased’s personal representative when summons issued. did decide whether time-barred. [2005] iehc 367 struck a by padraig gaffney services he said provided to his uncle in return for that woul

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Courts Service · 2005-11-09 · courts

High Court declines review of Mayo drink-driving conviction

high court declines review of mayo drink-driving conviction the found insufficient evidence that prosecution knowingly relied on inaccurate testimony or was obtained through perjury concealment. [2005] iehc 472 declined michael gordon’s application for judicial his district conviction, finding he ha

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Courts Service · 2005-11-09 · courts

High Court rules daughter must elect between life policy proceeds and will bequest

high court rules daughter must elect between life policy proceeds and will bequest the found was intended in part satisfaction of an earlier trust provision, rejected widow’s claim to a beneficial interest house. 2005 iehc 365 has ruled that minor late john hickey held for her under his will. it als

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Courts Service · 2005-11-09 · courts

High Court orders child welfare report in dispute over proposed move from Ireland

high court orders child welfare report in dispute over proposed move from ireland the rejected arguments that father’s application was barred or abusive, but judgment did not decide whether could be taken out of jurisdiction. [2005] iehc 385 has directed a obtained on child’s proceedings concerning

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Courts Service · 2005-11-09 · courts

High Court awards €38,780 after ladder fall, with 30% deduction for contributory negligence

high court awards €38,780 after ladder fall, with 30% deduction for contributory negligence the found defendant negligent over an unstable and failure to warn, while also finding plaintiff partly responsible his own safety. 2005 iehc 362 awarded juan vega that he was injured when a moved as descende

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Courts Service · 2005-11-09 · courts

High Court refuses challenge to deportation order after failed asylum claim

high court refuses challenge to deportation order after failed asylum claim the said minister had considered applicant’s representations, including material about cameroon, and found no basis interfere. separate refugee appeals tribunal decision was not before court. [2005] iehc 380 refused an appli

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Courts Service · 2005-11-09 · courts

High Court dismisses negligence claim over 1996 go-cart collision

high court dismisses negligence claim over 1996 go-cart collision the found caused a serious leg injury but said evidence did not establish, on balance of probabilities, that driver had been negligent. [2005] iehc 357 dismissed arising from between car and 13-year-old riding home-made near his famil

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Courts Service · 2005-11-08 · courts

High Court grants leave to challenge refugee appeal decision on grounds of narrow assessment

high court grants leave to challenge refugee appeal decision on grounds of narrow assessment the found it substantially arguable that tribunal focused immediate reason for a woman’s flight without adequately considering her wider account and country information. did not decide whether she qualified

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Courts Service · 2005-11-04 · courts

High Court proposes five-year restriction orders over payment to investors

high court proposes five-year restriction orders over payment to investors the found from swanpool business expansion scheme left companies unable meet all their debts. it proposed against both directors, while describing conduct as at lower end of seriousness scale. 2005 iehc 341 raymond lannen and

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Courts Service · 2005-11-04 · courts

High Court dismisses barman’s claim over armed raid at Sligo pub

high court dismisses barman’s claim over armed raid at sligo pub the accepted that employee suffered psychological injury after masked raiders entered pub, but found he had not established his employer’s alleged failures caused or were negligent. 2005 iehc 358 dismissed a for damages against employe

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Courts Service · 2005-11-04 · courts

Minister and State respondents awarded costs after defeating judicial review

minister and state respondents awarded costs after defeating judicial review the high court rejected applicants’ arguments against a order of proceedings. 2005 iehc 350 has failed review, finding no reason to depart from usual rule that follow outcome. mr justice herbert’s decision, delivered on 4 n

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Courts Service · 2005-11-04 · courts

High Court quashes arrest warrant issued after drink-driving case was struck out

high court quashes arrest warrant issued after drink-driving case was struck out the found without sworn grounds showing it necessary, and ordered quashed. did not decide separate challenge to district rules. 2005 iehc 366 has quashing of an a against aaron judge when prosecuting garda could attend

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Courts Service · 2005-11-04 · courts

Supreme Court amends surrender order and dismisses appeal in Spain homicide case

supreme court amends surrender order and dismisses appeal in spain homicide case the corrected a statutory reference high upheld its decision to michael dermot mcardle for prosecution trial. amended mcardle’s spain, correcting wrong subsection of european arrest warrant act, 2003. it dismissed his a

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Courts Service · 2005-11-02 · courts

Supreme Court dismisses appeal over refusal to order discovery in prosecution challenge

supreme court dismisses appeal over refusal to order discovery in prosecution challenge the held that alleged difference treatment between two girls did not provide even a prima facie suggestion of impropriety sufficient support discovery. [2005] iesc 75 dismissed sabrina dunphy’s against her judici

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Courts Service · 2005-11-02 · courts

High Court grants four tenant households a declaration over maisonette purchase prices

high court grants four tenant households a declaration over maisonette purchase prices the found legitimate expectation to buy at valuation reflecting 1995 scheme period, subject tenants meeting usual conditions. it did not order an immediate sale or decide statutory-duty claim. 2005 iehc 381 declar

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Courts Service · 2005-11-01 · courts

High Court awards costs after Cork planning register error misled objectors

high court awards costs after cork planning register error misled objectors the found that a misdated application was missing from public computer listing, misleading nearby residents who sought to make observations. it no contempt and awarded both developer against county council. 2005 iehc 352 an

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Courts Service · 2005-11-01 · courts

High Court refuses Zed FM challenge to Phantom FM Dublin licence

high court refuses zed fm challenge to phantom dublin licence the rejected judicial review broadcasting commission of ireland’s award, while criticising its handling a change winning bid’s advertising agent. [2005] iehc 355 has refused application by scrollside limited, trading as fm, challenging aw

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Courts Service · 2005-11-01 · courts

High Court refuses Limerick City Council’s challenge to construction arbitration award

high court refuses limerick city council’s challenge to construction arbitration award the found none of grounds justified setting aside or remitting disputed parts an interim award. a separate, largely contingent proceeding was left for later consideration. [2005] iehc 347 court, commercial has ref

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Courts Service · 2005-11-01 · courts

High Court allows corporate enforcement director to join restriction relief case

high court allows corporate enforcement director to join restriction relief case the order concerns who may take part in directors’ application for relief; it does not decide whether should be granted. [2005] iehc 340 has allowed of an by two former directors cmc (ireland) limited seeking from compa

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Courts Service · 2005-11-01 · courts

High Court refuses bid to block completed Kilkenny stormwater outfall

high court refuses bid to block completed kilkenny stormwater outfall the dismissed a section 160 application after finding works were covered by an unrevoked planning permission. it said requested order system was outside available relief and would create nuisance. 2005 iehc 351 refused stop use of

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Courts Service · 2005-11-01 · courts

High Court quashes appeal decision in teacher’s assistant principal dispute

high court quashes appeal decision in teacher’s assistant principal dispute the found that process failed to address contested evidence fairly and interview board had not been properly constituted because its chair was on approved list. 2005 iehc 376 quashed a rejecting over her non-appointment two

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