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Courts Service · 2006-02-28 · courts

High Court upholds student’s expectation of summer Back to Education Allowance

high court upholds student’s expectation of summer back to education allowance the found change payments breached first applicant’s legitimate expectation, but declined quash decision and deferred amount form restitution. [2006] iehc 170 that minister for social family affairs one by ending during u

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Courts Service · 2006-02-27 · courts

High Court dismisses challenge to refusal to let man withdraw guilty pleas

high court dismisses challenge to refusal let man withdraw guilty pleas the held that a trial judge had discretion over request and found acted within jurisdiction with due regard applicant’s fair-trial rights. 2006 iehc 72 has dismissed judicial review by eamonn dunne circuit criminal judge’s him c

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Courts Service · 2006-02-24 · courts

High Court dismisses apartment buyers’ claim against Smithfield Market developer

high court dismisses apartment buyers’ claim against smithfield market developer the said buyers had not established entitlement to relief, leaving unresolved whether a completion notice was effective and rejecting their concierge misrepresentation claim. [2006] iehc 54 dismissed by two purchasers o

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Courts Service · 2006-02-23 · courts

High Court refused bid to stop assault prosecution over missing CCTV

high court refused bid to stop assault prosecution over missing cctv the found gardaí failed preserve recordings from two cameras, but ruled their absence would not materially disadvantage applicants’ defence. [2006] iehc 42 court, dublin an application prohibit criminal proceedings against people c

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Courts Service · 2006-02-23 · courts

High Court finds three defendants liable for €530,000 water damage to adjoining Dublin property

high court finds three defendants liable for €530,000 water damage to adjoining dublin property the found former owners and city council negligent in allowing ingress from a damaged roof. it also split contribution between them equally, while reserving precise form of that order further submissions.

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Courts Service · 2006-02-23 · courts

High Court dismisses Haier petition to wind up Mares Associates

high court dismisses haier petition to wind up mares associates the found that had raised a bona fide dispute on substantial grounds over alleged debt, which was being litigated in italy. [2006] iehc 73 dismissed by electrical appliances company limited limited, finding debt disputed and already jud

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Courts Service · 2006-02-22 · courts

High Court rejects bid to halt Irish family proceedings over Dutch divorce

high court rejects bid to halt irish family proceedings over dutch divorce the refused respondent’s motion make ireland decline jurisdiction, ruling that 1994 and maintenance order did not trigger cited lis pendens rules. [2006] iehc 98 has a by respondent in law stop case from continuing on basis o

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Courts Service · 2006-02-22 · courts

High Court rejects priority status for legal fees incurred before Compustore liquidation

high court rejects priority status for legal fees incurred before compustore liquidation the ruled that advice given voluntary winding-up resolution were not expenses in winding up under section 281 of companies act 1963. [2006] iehc 52 dismissed an application by solicitors who advised limited its

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Courts Service · 2006-02-21 · courts

High Court dismisses ESB appeal over meter readers’ employment status

high court dismisses esb appeal over meter readers’ employment status the left in place an appeals officer’s decision that six contract readers were engaged under contracts of service for social welfare purposes. [2006] iehc 59 has dismissed electricity supply board (esb) against a ruling leaves cla

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Courts Service · 2006-02-21 · courts

High Court refuses UK surrender of Robert Stapleton over 1978-82 fraud allegations

high court refuses uk surrender of robert stapleton over 1978-82 fraud allegations [2006] iehc 43 the has refused to irish citizen francis united kingdom face 30 fraud-related charges arising from events alleged have occurred between 1978 and 1982. european arrest warrant, issued at bow street magis

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Courts Service · 2006-02-17 · courts

High Court says common-law breach of the peace can be prosecuted in District Court

high court says common-law breach of the peace can be prosecuted in district answering a judge’s case stated, said offence is known to irish law and may tried summarily, with any penalty subject court’s sentencing limits. [2006] iehc 319 has ruled that contrary common an court. following conviction

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Courts Service · 2006-02-17 · courts

High Court refuses bid to stop insurance fraud charges proceeding in Dublin

high court refuses bid to stop insurance fraud charges proceeding in dublin the declined two linked judicial review applications, finding metropolitan district had jurisdiction because alleged offences were said have occurred there. [2006] iehc 165 has refused applications seeking prevent criminal p

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Courts Service · 2006-02-17 · courts

Criminal Appeal Court dismisses leave application over convictions on 32 counts

criminal appeal court dismisses leave application over convictions on 32 counts the found indictment should have given more detail about alleged incidents, but concluded applicant suffered no real prejudice and miscarriage of justice. dismissed e.d.’s for to his 16 indecent assault unlawful carnal k

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Courts Service · 2006-02-17 · courts

High Court freezes Dunnes Stores rate cuts to Whelan Frozen Foods

high court freezes dunnes stores rate cuts to whelan frozen foods an interlocutory injunction preserves specified food and textile distribution rates credit terms until the full action is heard. ruling does not decide underlying contractual dispute. [2006 iehc 171] has temporarily restrained from ap

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Courts Service · 2006-02-17 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found no substantial grounds review a tribunal that an applicant could relocate within nigeria obtain protection. [2006] iehc 46 refused seek judicial of appeals rejecting her claim for status. justice michael peart held she had not s

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Courts Service · 2006-02-17 · courts

High Court refuses broad restraint in Pulse dispute, orders return of company materials

high court refuses broad restraint in pulse dispute, orders return of company materials at the interlocutory stage, found arguable claims about conduct while ciaran o’reilly was still a director and employee, but said damages could address any proven historic loss. [2006] iehc 50 declined to restrai

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Courts Service · 2006-02-16 · courts

High Court refuses discovery bid in Fitzwilton payment judicial review

high court refuses discovery bid in fitzwilton payment judicial review the applicants sought records of tribunal’s decision to hold a public hearing and an unredacted list other matters. dismissed application, finding requested material unnecessary or irrelevant issues before it. [2006] iehc 48 appl

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Courts Service · 2006-02-16 · courts

High Court refuses to halt trial over delayed abuse complaints

high court refuses to halt trial over delayed abuse complaints the found inordinate delay but held that explanations for and prejudice shown did not make a fair impossible. [2006] iehc 44 has refused an application stop prosecution of g.c. on 16 counts alleged indecent assault involving two nieces,

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Courts Service · 2006-02-16 · courts

High Court dismisses challenge to retrospective sex-offender notification rules

high court dismisses challenge to retrospective sex-offender notification rules the followed an earlier ruling that reporting duties under sex offenders act 2001 did not amount a criminal penalty. it dismissed applicant’s claim, subject limit on one argument he had standing advance. [2006] iehc 40 p

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Courts Service · 2006-02-16 · courts

Supreme Court dismisses challenge to Moriarty Tribunal’s Doncaster hearings

supreme court dismisses challenge to moriarty tribunal’s doncaster hearings denis o’brien’s appeal over the authority examine rovers transaction and its decision hold public was dismissed. dismissed against a high ruling that allowed tribunal proceed on purchase of football club michael lowry’s purp

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Courts Service · 2006-02-16 · courts

Supreme Court dismisses mother’s appeal in child return case

supreme court dismisses mother’s appeal in child return case the upheld high court’s order for two children to m., u.s.a., with undertakings covering their immediate transition. has dismissed a against an requiring her where they had lived before travelling ireland january 2005. judgment, delivered

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Courts Service · 2006-02-16 · courts

Supreme Court majority rejects challenge to Moriarty Tribunal’s Doncaster inquiry

supreme court majority rejects challenge to moriarty tribunal’s doncaster inquiry the dismissed denis o’brien’s appeal against refusal of judicial review. justice hardiman dissented, saying terms did not cover later rovers transaction. over proposed public into acquisition football club. judgment de

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Courts Service · 2006-02-16 · courts

High Court upholds refusal to annul marriage after appeal

high court upholds refusal to annul marriage after appeal the found evidence did not establish that applicant lacked informed consent or respondent was incapable of sustaining a lifelong relationship when they married. [2006] iehc 127 court; from circuit has affirmed court’s grant decree nullity a.

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Courts Service · 2006-02-15 · courts

High Court quashes order barring identification of man charged with image offences

high court quashes order barring identification of man charged with image offences the found district judge had wrongly refused to lift a blanket reporting restriction, which was unsupported by sufficient evidence real risk fair trial. [2006] iehc 62 has quashed preventing media from identifying pos

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Courts Service · 2006-02-15 · courts

High Court rejects Caldwell’s privacy challenge to tribunal inquiry

high court rejects caldwell’s privacy challenge to tribunal inquiry the held that public interest in of inquiry’s work outweighed any right caldwell had his business affairs, and found against him on privacy. it left its earlier order 84 ruling undisturbed. [2006] iehc 86 has john claim continuing i

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Courts Service · 2006-02-15 · courts

High Court rejects Lidia Cosma challenge to deportation after suicide-risk submissions

high court rejects lidia cosma challenge to deportation after suicide-risk submissions [2006] iehc 36 the has dismissed romanian national cosma's attempt overturn a decision allowing her proceed despite that she might take own life if returned romania. arrived in ireland on september 5, 1999 and app

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Courts Service · 2006-02-14 · courts

High Court rejects challenge to Planning Tribunal findings against Murphy engineering interests

high court rejects challenge to planning tribunal findings against murphy engineering interests [2006] iehc 75 the has rejected a by joseph murphy, frank reynolds and structural engineers ltd made them its refusal award costs. dispute arose from tribunal’s investigation into matters payments. second

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Courts Service · 2006-02-14 · courts

High Court orders Martin Stafford’s surrender to UK under European arrest warrant

high court orders martin stafford’s surrender to uk under european arrest warrant the rejected objections warrant’s description of alleged involvement and ordered section 16(1) 2003 act. [2006] iehc 63 an authorised united kingdom authority a covering six offences: unlawful wounding, kidnapping, fal

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Courts Service · 2006-02-13 · courts

High Court dismisses title claim over Barnane house brought by special summons

high court dismisses title claim over barnane house brought by special summons the recorded executor’s assent to estate’s interest in land devised samuel young, made no costs order against other defendants and dismissed his brother donal as procedurally unsuitable for a summons. [2006] iehc 49 young

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Courts Service · 2006-02-10 · courts

High Court refuses access to National Irish Bank investigation files

high court refuses access to national irish bank investigation files the rejected director of corporate enforcement’s requests for documents held by inspectors, finding their complete and requested review burdensome. [2006] iehc 35 has refused enforcement inspectors who investigated limited financia

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Courts Service · 2006-02-10 · courts

High Court rejects challenge to judge hearing child-care application

high court rejects challenge to judge hearing child-care application the held that a judge’s earlier interim access decision involving mother did not create reasonable apprehension of bias. [2006] iehc 33 has refused mother’s for judicial review district continue health service executive full care o

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Courts Service · 2006-02-10 · courts

High Court excludes discovery and 25 hearing days from costs award to DCC defendants

high court excludes discovery and 25 hearing days from costs award to dcc defendants the ordered receive of proceedings, with specified deductions tied unlawful-dealing issue. it did not reopen underlying judgment. [2006] iehc 32 in fyffes plc’s action but excluded 80% their days. related “dealing i

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Courts Service · 2006-02-09 · courts

Supreme Court keeps divorce financial orders but changes costs ruling

supreme court keeps divorce financial orders but changes costs ruling the upheld lump sum, maintenance and family home provisions for wife, ruled that each party should bear their own of first trial. main made a wife following proceedings, including €450,000 transfer annual €40,000. it changed order

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Courts Service · 2006-02-09 · courts

Supreme Court rules preliminary expert report must be disclosed

supreme court rules preliminary expert report must be disclosed the dismissed an appeal over disclosure in a medical negligence action, holding that reports containing any part of expert’s intended evidence produced, even if later develops evidence. has by david payne dispute whether earlier had to

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Courts Service · 2006-02-08 · courts

High Court rejects supermarket lease claim but finds no surrender of old Abbey Trinity interest

high court rejects supermarket lease claim but finds no surrender of old abbey trinity interest cosmoline trading limited failed to prove a concluded agreement for space in the redeveloped premises. also rejected landlords’ counterclaim that it had surrendered its interest. 2006 iehc 38 has company’

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Courts Service · 2006-02-08 · courts

Wicklow Council allowed to add Dean Waste and Samuel Stears to Whitestown pollution case

wicklow council allowed to add dean waste and samuel stears whitestown pollution case the high court dismissed against a1 environmental management company secretary john campbell, while leaving other party questions for later proceedings. [2006] iehc 265 county limited as defendants in proceedings c

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Courts Service · 2006-02-07 · courts

High Court quashes tribunal decision to transfer asylum applicant to Netherlands

high court quashes tribunal decision to transfer asylum applicant netherlands the found had relied on eu take-back provisions without first identifying which responsibility criteria applied. [2006] iehc 29 has quashed a refugee appeals upholding of sudanese netherlands, finding that not established

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Courts Service · 2006-02-03 · courts

High Court quashes conviction over summons inquiry, remits case to District Court

high court quashes conviction over summons inquiry, remits case to district the ruled that a judge should have investigated whether defect affected court’s jurisdiction before proceeding with criminal hearing. it sent matter back court. [2006] iehc 34 quashed robert payne’s after finding defects in

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Courts Service · 2006-02-02 · courts

Court of Criminal Appeal dismisses challenge to murder conviction

court of criminal appeal dismisses challenge to murder conviction the rejected arguments that jury was pressured during deliberations and upheld trial judge’s decisions on other grounds appeal. dismissed john james kelly’s against his conviction, finding no basis overturn jury’s verdict or order a r

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Courts Service · 2006-02-02 · courts

High Court says family reunification application must be decided

high court says family reunification application must be decided the found that a department letter led romanian man and his reasonably to believe visa was also an under refugee rules. it required minister decide application, while preserving minister’s power consider national security public policy

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Courts Service · 2006-02-02 · courts

Court of Criminal Appeal quashes teacher’s indecent assault convictions and orders retrial

court of criminal appeal quashes teacher’s indecent assault convictions and orders retrial the ruled that jury had not received an adequate warning about difficulties age allegations posed for defence. has quashed conviction anonymised former teacher on 180 counts directed a retrial, finding been ad

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Courts Service · 2006-02-02 · courts

High Court refuses leave to challenge DPP’s refusal to withdraw prosecution

high court refuses leave to challenge dpp’s refusal withdraw prosecution the held that applicant had not shown substantial grounds for judicial review, after finding no enforceable right have his request under refugee convention considered. 2006 iehc 26 refused an seek review of director public pros

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Courts Service · 2006-02-01 · courts

High Court grants leave to challenge asylum age assessment and related decisions

high court grants leave to challenge asylum age assessment and related decisions the found substantial grounds hear a that aminat shola odunbaku was an adult, refugee decisions. it did not decide underlying challenges. [2006] iehc 28 granted for in her process, finding full hearing. ruling, delivere

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Courts Service · 2006-02-01 · courts

High Court allows delayed medical negligence case to proceed

high court allows delayed medical negligence case to proceed the dismissed both defendants’ applications strike out claim, finding that balance of justice favoured a hearing despite inordinate and inexcusable delay. [2006] iehc 58 has two woman’s allowing action after hearing. in judgment delivered

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