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Courts Service · 2006-01-31 · courts

High Court says no extra warning was needed before 20-minute breath-test observation

high court says no extra warning was needed before 20-minute breath-test observation the ruled on a point of law in case stated after district judge dismissed drink-driving charge. it held that period formed part detention following arrest and separate required. [2006] iehc 11 has not required ahead

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Courts Service · 2006-01-31 · courts

High Court orders publication of adoption judgment with redactions

high court orders publication of adoption judgment with redactions the ruled that its earlier should be published in part, while protecting a child’s rights and interests people who were not represented. [2006] iehc 65 ordered concerning tristan dowse, subject to protect other people’s interests. mr

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Courts Service · 2006-01-31 · courts

High Court rejects restaurant tenant’s roof leak damages claim

high court rejects restaurant tenant’s roof leak damages claim the found that leaks had caused damage and inconvenience, but did not meet lease’s threshold for landlord’s repair liability. 2006 iehc 18 dismissed a over persistent leaks, finding their effects materially affect carrying on of business

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Courts Service · 2006-01-31 · courts

High Court dismisses appeal over legal aid records

high court dismisses appeal over legal aid records the upheld information commissioner’s refusal to release financial documents submitted in support of a application, finding exempt under 1997 freedom act. 2006 iehc 17 dismissed harold j. gannon’s against decision refuse access another person’s appl

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Courts Service · 2006-01-31 · courts

High Court refuses judicial review challenge to deportation orders

high court refuses judicial review challenge to deportation orders the declined relief after finding substantial delay, acquiescence and credibility concerns. ruling concerned 2004 decisions; an earlier interlocutory injunction had separately restrained pending review. [2006 iehc 166] has refused a

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Courts Service · 2006-01-31 · courts

High Court makes no order on prison release-date application

high court makes no order on prison release-date application the accepted that a human error led to an incorrect release date being given, but found service’s calculation method consistent with law and made application. 2006 iehc 9 concerning of prisoner at st patrick’s institution, finding for calc

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Courts Service · 2006-01-31 · courts

High Court refuses sale of jointly owned Cork farmland to enforce judgment mortgages

high court refuses sale of jointly owned cork farmland to enforce judgment mortgages the held it had no jurisdiction order a in lieu partition where affected only one co-owner’s interest registered land. 2006 iehc 25 has refused remaining relief sought by creditor who asked for be sold against inter

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Courts Service · 2006-01-31 · courts

High Court refuses summary judgment in Corbalton Hall building dispute

high court refuses summary judgment in corbalton hall building dispute a contractor’s claim for €2.8 million will proceed to plenary hearing after the found defendants had shown real and bona fide defence two portions put forward judgment. [2006] iehc 20 court, commercial has refused application aga

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Courts Service · 2006-01-28 · courts

High Court dismisses warehouse sale dispute over refused lease consents

high court dismisses warehouse sale dispute over refused lease consents ochre ridge limited’s conditional purchase contract ended when it did not complete by the agreed deadline, found. judge dismissed its claims against vendor and landlord. [2006] iehc 107 court, dublin arising from a failed agreem

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Courts Service · 2006-01-27 · courts

High Court rejects time-bar motion over 1995 road crash claim

high court rejects time-bar motion over 1995 road crash claim the found that insurer’s conduct had induced plaintiff’s solicitors to delay issuing proceedings, making reliance on limitation defence unconscionable. it declined defendant’s request have action ruled time-barred. [2006 iehc 47] has a pe

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Courts Service · 2006-01-26 · courts

High Court refuses challenge to Nigerian asylum appeal decision

high court refuses challenge to nigerian asylum appeal decision the judicial review was confined whether refugee appeals tribunal had evidence support its view that state protection would be available. found not established and refused relief. [2006] iehc 23 has relief in a brought by national chall

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Courts Service · 2006-01-26 · courts

Supreme Court bars prison disciplinary inquiry after officer’s acquittal

supreme court bars prison disciplinary inquiry after officer’s acquittal the allowed alan garvey’s appeal, finding that on particular facts, reopening same allegations through proceedings would be unfair. it left exact form of order for discussion with counsel. has a appeal against high refusal judi

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Courts Service · 2006-01-26 · courts

High Court refuses to halt bank disciplinary appeal over Portlaoise cash disappearance

high court refuses to halt bank disciplinary appeal over portlaoise cash disappearance the dismissed an employee’s application for interim relief, finding no fair issue try on alleged procedural flaws and saying was premature while two appeals remained available. 2006 iehc 3 has mary mcevoy’s stop o

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Courts Service · 2006-01-25 · courts

High Court orders children’s return to Massachusetts under five undertakings

high court orders children’s return to massachusetts under five undertakings the rejected mother’s consent, habitual-residence, acquiescence and grave-risk defences their return, while limiting its order arrangements supporting immediate return. [2006] iehc 10 has ordered two children hague conventi

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Courts Service · 2006-01-25 · courts

High Court orders return of three children to England after rejecting acquiescence defence

high court orders return of three children to england after rejecting acquiescence defence the found were wrongfully retained in ireland and that their mother had not accepted retention. it ordered return, with order stayed pending further submissions on timing undertakings. [2006] iehc 69 finding f

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Courts Service · 2006-01-25 · courts

High Court rules enterprise board grant records were not under department control

high court rules enterprise board grant records were not under department control the allowed minister’s appeal against information commissioner’s 2004 decision, finding that requested outside department’s for freedom of purposes. [2006] iehc 39 discharged decision enterprise, trade and employment h

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Courts Service · 2006-01-25 · courts

High Court refuses father’s request to return four children to Northern Ireland

high court refuses father’s request to return four children northern ireland the found father had acquiesced in remaining this jurisdiction and declined order their under hague convention. [2006] iehc 66 court, family law refused a application his convention, finding that he continued residence juri

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Courts Service · 2006-01-25 · courts

High Court refuses to halt Tallaght ram-raid prosecution over returned Opel Vectra

high court refuses to halt tallaght ram-raid prosecution over returned opel vectra [2006] iehc 153 the has refused stop of jason o’driscoll an alleged at extra vision store on greenhills road in tallaght, despite criticism decision return car allegedly used incident only two days later. was charged

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Courts Service · 2006-01-25 · courts

High Court refuses company director restriction order over missing audited accounts

high court refuses company director restriction order over missing audited accounts the found directors at fault for not resolving accounting issues promptly, but said failures did show enough irresponsibility to justify a five-year restriction. [2006] iehc 12 refused restrict two of ams i.t. consul

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Courts Service · 2006-01-24 · courts

High Court grants leave to challenge delay over deportation revocation request

high court grants leave to challenge delay over deportation revocation request the refused orders themselves but allowed family pursue a claim that minister had failed decide their revoke them. [2006] iehc 5 granted nigerian mother and her three children seek judicial review for justice’s failure or

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Courts Service · 2006-01-24 · courts

Supreme Court rejects ‘tangible evidence’ test in dispute over father’s access to daughter’s medical records

supreme court rejects ‘tangible evidence’ test in dispute over father’s access to daughter’s medical records the dismissed information commissioner’s appeal on legal test, but sent request back for reconsideration because daughter was nearing adulthood and her views had become relevant. a his hospit

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Courts Service · 2006-01-24 · courts

High Court orders son to indemnify estate over unpaid nursing home fees

high court orders son to indemnify estate over unpaid nursing home fees the found that gerard markey breached contractual and fiduciary duties while managing his late father’s pub, but reserved costs issue for a later hearing. 2006 iehc 24 (probate) pub ordered him €31,164.97 paid settle home, healt

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Courts Service · 2006-01-20 · courts

High Court rejects State liability claim over 1973 school assaults

high court rejects state liability claim over 1973 school assaults the ruled action was not time-barred and should proceed despite long delay, but found minister vicariously liable. plaintiff’s claims against second, third fourth defendants failed. [2006] iehc 13 rejected a woman’s for education sci

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Courts Service · 2006-01-18 · courts

High Court backs full waste removal and land restoration at Knockacrin site

high court backs full waste removal and land restoration at knockacrin site the accepted laois county council’s remediation approach over a cheaper proposal, but left precise terms timetable of its order for further hearing. 2006 iehc 2 ruled that in knockacrin, timahoe, must be removed remediated l

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Courts Service · 2006-01-18 · courts

Arklow Holidays wins leave to challenge wastewater plant permission on three grounds

arklow holidays wins leave to challenge wastewater plant permission on three grounds the high court granted for a judicial review planning treatment works at seabank, while rejecting several other proposed this stage. [2006] iehc 15 court, commercial limited has secured from and associated infrastru

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Courts Service · 2006-01-17 · courts

High Court refuses bid to stop prosecution over historic sexual offence allegations

high court refuses bid to stop prosecution over historic sexual offence allegations murphy j. refused judicial review relief, finding the applicant had not shown a real risk of an unfair trial. remain for trial; did decide guilt. 2006 iehc 7 has 86-year-old priest’s application director public prose

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Courts Service · 2006-01-17 · courts

High Court refuses leave to challenge Garrynagree landfill approval

high court refuses leave to challenge garrynagree landfill approval the found none of four proposed grounds met substantial-grounds threshold for judicial review an bord pleanála’s 2004 approval. [2006] iehc 454 refused margaret power seek a waste management facility at garrynagree, near dungarvan,

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Courts Service · 2006-01-13 · courts

High Court orders financial support after finding breach of duty to adopted child

high court orders financial support after finding breach of duty to adopted child the directed cancellation irish registration an overseas adoption, ordered maintenance and other protections for child, set a six-month review. [2006] iehc 64 found that joseph n. dowse lala had breached their constitu

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Courts Service · 2006-01-13 · courts

High Court rules six-month limit did not apply to indictable charge against child

high court rules six-month limit did not apply to indictable charge against child a case stated asked whether time for summary complaints applied an offence that could be dealt with summarily in the children’s court. answered no. [2006] iehc 181 has ruled initiating proceedings robbery child, even t

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Courts Service · 2006-01-13 · courts

High Court refuses to halt Dublin endangerment trial over missing Honda Civic

high court refuses to halt dublin endangerment trial over missing honda civic [2006] iehc 1 the has refused prohibit prosecution of gareth molloy on four charges arising from alleged driving at separate locations in january 22, 2003. mr argued that he could not receive a fair because central case ha

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Courts Service · 2006-01-13 · courts

Supreme Court upholds security for costs order against Usk residents’ group

supreme court upholds security for costs order against usk residents’ group the found greenstar had shown an arguable defence to judicial review as a whole, while reserving high of application judge handling leave application. ireland has upheld requiring district residents association limited provi

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Courts Service · 2006-01-13 · courts

High Court dismisses judicial review over District Court time limit ruling

high court dismisses judicial review over district time limit ruling the rejected veronica lambe’s challenge to a determination that proceedings against her were not statute barred. [2006] iehc 167 dismissed concerning lambe sought declaration six-month in section 10(4) of petty sessions (ireland) a

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Courts Service · 2006-01-11 · courts

High Court rejects defendant’s bid to have Galway crash claim dismissed as time-barred

high court rejects defendant’s bid to have galway crash claim dismissed as time-barred the declined dismiss personal-injury proceedings or direct a preliminary trial on limitation, finding defence unconscionable in light of insurers’ representations and continued settlement activity. [2006] iehc 22

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Courts Service · 2006-01-11 · courts

High Court allows bank to rescind truck sale contract after £40,000 dispute

high court allows bank to rescind truck sale contract after £40,000 dispute the found that finance company had not obtained ownership and possession of three trucks it believed was financing. rescinded left damages costs for a later hearing. [2006] iehc 168 has allowed lombard ulster banking ltd its

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Courts Service · 2006-01-11 · courts

High Court prohibits trial in case involving decades-old sexual offence charges

high court prohibits trial in case involving decades-old sexual offence charges the found that complainant delay had impaired prospect of a fair and an unexplained period prosecutorial was excessive. [2006] iehc 21 prohibited man charged with rape indecent assault against two younger sisters, findin

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