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Courts Service · 2005-12-21 · courts

High Court restricts Club Tivoli director for five years over company’s financial management

high court restricts club tivoli director for five years over company’s financial management the declared paul davis subject to a five-year restriction after finding he had failed act responsibly while limited traded insolvent. it rejected liquidator’s separate allegations that co-operate. [2005] ie

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Courts Service · 2005-12-21 · courts

High Court declines to bar use of company records seized under disputed warrant

high court declines to bar use of company records seized under disputed warrant the said material also covered by a demand could still be used in connected director disqualification proceedings, but left warrant’s overall validity unresolved as moot this judicial review. [2005] iehc 433 declined exc

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Courts Service · 2005-12-21 · courts

High Court sends Rogers search-seizure damages dispute to plenary hearing

high court sends rogers search-seizure damages dispute to plenary hearing the said remaining issues require oral evidence and cannot be decided in judicial review proceedings. it made no finding on alleged seizure or any loss. [2005] iehc 440 has remitted a case brought by trevor rogers, jason barnm

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Courts Service · 2005-12-21 · courts

High Court restricts Capital Auto Group director over conduct before liquidation

high court restricts capital auto group director over conduct before liquidation the found that paul swords had not shown he acted honestly and responsibly in company’s affairs. a separate restriction order against gary chambers already been made by consent. [2005] iehc 434 swords, of limited, after

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Courts Service · 2005-12-21 · courts

Court rejects Michael Boyce appeal over convictions for repeated attacks on woman at rural home

court rejects michael boyce appeal over convictions for repeated attacks on woman at rural home of criminal the has rejected boyce’s attempt to overturn arising from sexual a in her more than decade. complainant, who was 55 when first attack occurred 1983, lived alone an isolated house. she describe

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Courts Service · 2005-12-21 · courts

High Court rejects Denis O’Brien’s challenges to Moriarty Tribunal procedures

high court rejects denis o’brien’s challenges to moriarty tribunal procedures the refused relief over expert advice, disclosure, witness evidence and a delayed cross-examination, finding no breach of rights on before it. 2005 iehc 457 has rejected judicial review challenge tribunal, refusing declara

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Courts Service · 2005-12-21 · courts

High Court refuses bid to stop ten forgery charges proceeding

high court refuses bid to stop ten forgery charges proceeding the rejected a solicitor’s application for prohibition, finding that his grounds did not justify stopping prosecution. it determine themselves. 2005 iehc 454 has refused an by solicitor patrick enright prohibit director of public prosecut

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Courts Service · 2005-12-21 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the accepted a seven-day delay in bringing judicial review application but found no error principle warranting leave. [2005] iehc 441 refused an for seek of appeals tribunal refusing cameroonian applicant status. applicant’s explanation s

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Courts Service · 2005-12-21 · courts

High Court refuses leave for judicial review of Nigerian woman’s refugee appeal decision

high court refuses leave for judicial review of nigerian woman’s refugee appeal decision the rejected a late challenge to classification application and found appeals tribunal’s was reasonable view evidence. refused. 2005 iehc 423 refused an seek refusing status. in judgment delivered on 21 december

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Courts Service · 2005-12-21 · courts

High Court says hedge surveillance footage did not breach accused’s privacy rights

high court says hedge surveillance footage did not breach accused’s privacy rights in a consultative case stated, the held that filming and visible front of neighbouring home was neither unconstitutional nor unlawful. it decide whether admissible at trial. [2005] iehc 429 has ruled video recorded to

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Courts Service · 2005-12-21 · courts

Appeal court grants access to remaining file in separate case

appeal court grants access to remaining file in separate case the of criminal allowed counsel for a man convicted murder see balance concerning martin dunne. state said it would preserve material, so did not need decide preservation application. [2005] iecca 142 has inspect file, citing particular c

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Courts Service · 2005-12-21 · courts

High Court quashes Competition Authority rule restricting choice of lawyer

high court quashes competition authority rule restricting choice of lawyer [2005] iehc 455 the has quashed a policy which generally barred one from representing more than person in same investigation. law society ireland challenged notice published by august 2004. under policy, would normally refuse

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Courts Service · 2005-12-21 · courts

High Court orders disclosure of two Woori Bank reports and six conversation records

high court orders disclosure of two woori bank reports and six conversation records the ruling rejected privilege claims over specified documents in a discovery dispute, while preserving other disclosed to korean prosecutors, subject possible reopening. [2005] iehc 451 court, commercial has ordered

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Courts Service · 2005-12-21 · courts

Two Dublin Sports Café directors restricted for five years

two dublin sports café directors restricted for five years the high court found had acted honestly but was not satisfied they responsibly, citing inadequate records company’s cash-based lap-dancing business and failures to file accounts annual returns. [2005] iehc 458 has ordered david long gerry wr

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Courts Service · 2005-12-21 · courts

High Court disqualifies two directors for five years over company conduct

high court disqualifies two directors for five years over company conduct the found serious failures involving records, an undisclosed bank account and use of funds, ordered both respondents disqualified from management. [2005] iehc 443 has patrick rogers paul management after finding in their as ba

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Courts Service · 2005-12-21 · courts

Supreme Court holds Special Criminal Court lacked power to make confiscation order

supreme court holds special criminal lacked power to make confiscation order the dismissed an appeal by state and affirmed a high ruling that had no jurisdiction under section 4 of justice act 1994 order. has attorney general director public prosecutions, affirming 1994, as amended. judgment, delive

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Courts Service · 2005-12-20 · courts

Supreme Court removes four-year limit on Aer Lingus workers’ employment guarantees

supreme court removes four-year limit on aer lingus workers’ employment guarantees the allowed an appeal by workers who returned to after sale of team, holding that preserving their status and seniority were not time-limited. 042/04 has maintenance engineering workers, removing a they would retain e

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Courts Service · 2005-12-20 · courts

Court increases sentence for second rape to 10 years

court increases sentence for second rape to 10 years the of criminal appeal allowed director public prosecutions’ review a six-year sentence, finding that respondent had not established past head injury reduced his moral guilt. separate assault was under review. [2005] iecca 141 increased paul moore

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Courts Service · 2005-12-20 · courts

Supreme Court restores order requiring TD to disclose tribunal records

supreme court restores order requiring td to disclose tribunal records the allowed an appeal against a high decision that had quashed discovery order, and dismissed brendan howlin’s notice vary. by sole member of inquiry into complaints concerning some gardaí donegal division restored tribunal’s how

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Courts Service · 2005-12-20 · courts

High Court bars retrial after finding delay excessive and unexplained

high court bars retrial after finding delay excessive and unexplained the ruled that deprived ivor sweetman of his right to an expeditious trial granted order prohibiting retrial. [2005] iehc 435 sweetman’s application prohibit retrial, was him trial. in a judgment delivered on 20 december 2005, mr

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Courts Service · 2005-12-20 · courts

Supreme Court allows appeal over discovery order in Donegal Garda tribunal inquiry

supreme court allows appeal over discovery order in donegal garda tribunal inquiry the refused relief brendan howlin had obtained high court, finding that dáil’s procedures committee not expressly invoked its constitutional power to protect his private papers. [2005] iesc 85 of ireland on 20 decembe

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Courts Service · 2005-12-20 · courts

High Court grants bail on €5,000 bond and independent surety conditions

high court grants bail on €5,000 bond and independent surety conditions a lithuanian national facing surrender application may be released while it is heard, but only if he meets the court’s specified requirements. [2005] iehc 427 granted robert ostrovskij pending hearing an to him lithuania, subjec

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Courts Service · 2005-12-19 · courts

Supreme Court rejects automatic release claim over European arrest warrant deadline

supreme court rejects automatic release claim over european arrest warrant deadline the held that expiry of 60-day period did not end duty to execute or entitle appellant release. it dismissed his appeal from refusal habeas corpus relief. kenneth dundon’s continued detention under a warrant, ruling

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Courts Service · 2005-12-19 · courts

Supreme Court rejects challenge to detention under European arrest warrant time limits

supreme court rejects challenge to detention under european arrest warrant time limits the held that exceeding pre-order 60- and 90-day periods did not make appellant’s custody unlawful, dismissed his appeal. it said surrender deadlines after a final order were at issue. s.c. no. 171 of 2005 kenneth

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Courts Service · 2005-12-19 · courts

High Court orders limited discovery in prosecution-delay judicial review

high court orders limited discovery in prosecution-delay judicial review the allowed of documents two categories concerning communications with blood transfusion service board and dr. yap, but refused broader linked to investigation dpp’s decision prosecute. [2005] iehc 438 part cecily cunningham’s

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Courts Service · 2005-12-19 · courts

Supreme Court rejects bid for release after 60-day European Arrest Warrant period

supreme court rejects bid for release after 60-day european arrest warrant period the dismissed kenneth dundon’s appeal, finding that did not give him a right to release. justice fennelly said other rights protections remain available in appropriate cases. appeal against his continued detention unde

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Courts Service · 2005-12-19 · courts

High Court refuses Garda officer’s bid to stop disciplinary inquiry over alleged swimming-pool assault

high court refuses garda officer’s bid to stop disciplinary inquiry over alleged swimming-pool assault the found some delay in serving papers was not dealt with as soon practicable, but refused halt inquiry, citing contribution and lack of specific prejudice. [2005] iehc 439 a application into alleg

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Courts Service · 2005-12-16 · courts

High Court rules suspension of Iraqi asylum applications unlawful

high court rules suspension of iraqi asylum applications unlawful the held that commissioner could not indefinitely suspend an applicant’s case and said a recommendation must be completed using findings made in march 2003. it did grant refugee status this judgment. [2005] iehc 452 ruled acted outsid

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Courts Service · 2005-12-16 · courts

High Court orders return of Dundalk property title deeds

high court orders return of dundalk property title deeds the held that solicitor’s lien could not arise while he in trust for mortgage lender, and ordered their to his former client. [2005] iehc 450 has solicitor francis mc ardle kay conroy’s windwood lodge, also known as brighton villa, on carrick

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Courts Service · 2005-12-16 · courts

High Court restrains two historic abuse charges but allows others to proceed

high court restrains two historic abuse charges but allows others to proceed [2005] iehc 436 court, judicial review by owen reid the has restrained prosecution of sexual-offence allegations against t.c. involving one complainant, while rejecting his attempt prevent trial on made other related women.

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Courts Service · 2005-12-16 · courts

Court finds miscarriage of justice in Nora Wall conviction and grants certificate

court finds miscarriage of justice in nora wall conviction and grants certificate the criminal appeal said fabricated corroborative evidence, failures prosecution communication undisclosed material contributed to justice. it granted a under section 9 procedure act 1993. [2005] iecca 140 has certifie

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Courts Service · 2005-12-14 · courts

High Court grants limited leave to challenge immediate deportation on Article 8 grounds

high court grants limited leave to challenge immediate deportation on article 8 grounds the allowed a judicial review proceed only whether deporting bulgarian couple immediately after their son’s death and burial in ireland would disproportionately interfere with family-life rights. [2004] iehc 424

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Courts Service · 2005-12-14 · courts

High Court refuses bid to revive dismissed employment claim

high court refuses bid to revive dismissed employment claim the rejected a former diocesan secretary’s request for further hearing and reinstatement of interim relief while her appeal remained pending. it also restricted new applications without prior leave. 2005 iehc 419 has refused application reo

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Courts Service · 2005-12-14 · courts

High Court overturns ruling that DPP’s breath-test detention was unlawful

high court overturns ruling that dpp’s breath-test detention was unlawful the answered “no” to both questions in a case stated from tallaght district court, finding record did not show accused had challenged or prosecution been given focused opportunity justify its duration. [2005] iehc 422 has rule

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Courts Service · 2005-12-13 · courts

High Court refuses release bid in UK extradition case

high court refuses release bid in uk extradition case the rejected shane egan’s application under section 50 of act, finding no exceptional lapse time and that alleged conduct corresponded to conspiracy defraud irish law. 2005 iehc 413 has refused for from an order, a warrant mr justice michael pear

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Courts Service · 2005-12-13 · courts

High Court orders additional field transferred in divorce provision

high court orders additional field transferred in divorce provision the added a valued at €200,000 to respondent’s proposed financial provision, alongside land and payments for applicant. [2005] iehc 412 ordered transfer of an as part proceedings between anonymised couple. order supplemented proposa

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Courts Service · 2005-12-13 · courts

High Court rules detention lawful after a different judge imposed sentence

high court rules detention lawful after a different judge imposed sentence the refused an article 40 release application, finding district had jurisdiction to applicant another took his guilty pleas. [2005] iehc 430 application man from saint patrick’s institution, ruling that under 22-month was in

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Courts Service · 2005-12-13 · courts

High Court rejects challenge to Irish aircraft facilities linked to Afghanistan campaign

high court rejects challenge to irish aircraft facilities linked afghanistan campaign the found that applicant had not established a war in constitutional sense or state participation one, and separately ruled he brought judicial review too late. [2005] iehc 442 has rejected eoin dubsky’s decisions

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Courts Service · 2005-12-12 · courts

Family law claim takes priority over ACC judgment mortgage, High Court rules

family law claim takes priority over acc judgment mortgage, high court rules the postponed further consideration of bank’s until separate judicial separation proceedings determine what interest, if any, mary casey will receive in home. [2005] iehc 437 has ruled that any interest may a home through w

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Courts Service · 2005-12-09 · courts

High Court allows Dunnes Stores appeal over service pay deductions

high court allows dunnes stores appeal over service pay deductions the found employment appeals tribunal erred in law by failing to determine what was properly payable two employees. it allowed under payment of wages act. 2005 iehc 417 (cornelscourt) limited’s against an determination concerning wee

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Courts Service · 2005-12-09 · courts

High Court refuses State bid for tobacco advertising documents

high court refuses state bid for tobacco advertising documents the found requested point of sale records neither relevant nor necessary to fair disposal companies’ challenge public health legislation. [2005] iehc 432 court, commercial has refused an application by defendants discovery about campaign

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Courts Service · 2005-12-09 · courts

Michael McKevitt loses appeal against 20-year sentence for directing Real IRA activities

michael mckevitt loses appeal against 20-year sentence for directing real ira activities court of criminal the has dismissed mckevitt’s challenge to his conviction ira, leaving prison in place. was convicted by special august 2003 after a 27-day trial. he found guilty membership an unlawful organisa

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Courts Service · 2005-12-08 · courts

High Court orders €30,000 payment in divorce appeal over home’s increased value

high court orders €30,000 payment in divorce appeal over home’s increased value the upheld circuit court’s order, requiring respondent to pay applicant by 1 april 2006 after considering family rise and parties’ 2000 consent order. [2005] iehc 456 ordered an about financial provision following divorc

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Courts Service · 2005-12-06 · courts

Supreme Court backs access to proposed witness statements before Offaly inquest

supreme court backs access to proposed witness statements before offaly inquest the allowed an appeal by deceased’s sister, finding that withholding could prejudice her participation. relief was limited those statements; left final form of its order for further submissions. sister james goonan, ruli

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Courts Service · 2005-12-05 · courts

High Court rules earlier liability apportionment does not bind Sligo council and waste firm

high court rules earlier liability apportionment does not bind sligo council and waste firm the held that disputes between defendants over contribution indemnity remained undecided, so issue estoppel did prevent those issues being determined in present proceedings. 2005 iehc 405 a previous finding d

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Courts Service · 2005-12-02 · courts

High Court awards Kay-el judgment on dishonoured bills, sends Musgrave claim to plenary hearing

high court awards kay-el judgment on dishonoured bills, sends musgrave claim to plenary hearing mr justice kelly ruled that musgrave’s disputed set-off could not prevent summary kay-el’s bills of exchange. separate €4.21 million was adjourned for a full hearing. 2005 iehc 418 court, commercial the g

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Courts Service · 2005-12-02 · courts

Supreme Court rejects patent correspondence as evidence in Ranbaxy appeal

supreme court rejects patent correspondence as evidence in ranbaxy appeal the dismissed an over whether letters submitted to european and danish offices could be admitted a dispute about scope of irish for lipitor. by laboratories limited, europe limited ireland with their warner lambert company. co

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Courts Service · 2005-12-02 · courts

Supreme Court restores VHI as notice party in BUPA health insurance challenge

supreme court restores vhi as notice party in bupa health insurance challenge the allowed vhi’s appeal, finding its interests and role disputed market made participation necessary. it did not decide underlying to risk equalisation scheme. has an appeal by voluntary board (vhi) restored a bupa’s judi

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Courts Service · 2005-12-02 · courts

High Court orders further €3.5m provision in judicial separation case

high court orders further €3.5m provision in judicial separation case the set payments to wife, including a pension contribution and annual maintenance, after limited rehearing on company fund extraction tax effects. [2005] iehc 407 ordered €3.5 million for wife proceedings, contribution, staged lum

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Courts Service · 2005-12-01 · courts

Supreme Court rejects Revenue appeal over €9.1m tax refund

supreme court rejects revenue appeal over €9.1m tax refund the held that had to give effect an commissioner’s determination and retained in excess, even while a case stated was pending. dismissed by representatives €9,136,776.59 refund, ruling commissioners could not retain disputed amount pursuing

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Courts Service · 2005-12-01 · courts

High Court rejects disclosure request for documents cited in expert reports

high court rejects disclosure request for documents cited in expert reports the ruled that order 39 did not require a third party to exchange under its expert-report rules. it left any privilege dispute unresolved. 2005 iehc 404 refused an application by north western health board compel provide ref

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