Courts Service · 2006-04-28 · courts
high court refuses late bid to halt trial over missing cctv footage the refused an application for judicial review seeking prohibit a robbery trial, finding delay unjustified and no serious risk of unfair established. [2006] iehc 151 has david fagan’s his on robbery-related charges, that was brought
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Courts Service · 2006-04-28 · courts
court rejects mark costigan’s application for leave to appeal murder conviction the of criminal found no legal error in admitting his blood sample or trial judge’s handling jury directions. it rejected appeal. christine quinn, finding either admission decision not discharge jury. costigan was convic
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Courts Service · 2006-04-28 · courts
high court declines challenge to expired barring order the refused judicial review of a 2001 order, citing delay, waiver and absence sufficient evidence. it did not quash or rule invalid. [2006] iehc 147 has declined that had more than two years before application was brought. c.c. sought have quash
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Courts Service · 2006-04-28 · courts
high court rejects preferential status for uk agencies’ bell lines claims the agencies may claim repayment in liquidation payments to employees, but ruled they cannot rank ahead of other unsecured creditors. [2006] iehc 188 has refused give english insolvency service and northern ireland’s departmen
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Courts Service · 2006-04-27 · courts
court refuses fresh medical evidence in o’regan appeal the of criminal rejected a motion to introduce two experts’ evidence, finding it could have been obtained before trial and that defence had made considered tactical choice. has refused an application by thomas at his hearing. ruled expert delibe
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Courts Service · 2006-04-27 · courts
high court rules solicitor had no lien over former partner’s home sale proceeds the found title deeds were held subject to a building society trust, so solicitor’s claimed did not attach or money. 2006 iehc 124 ruled that susan martin partner niall p. colfer’s family home, from its sale. decision co
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Courts Service · 2006-04-26 · courts
high court bars trial after finding real and serious risk of unfairness the prohibited prosecution 14 charges weighing lengthy delays, unavailable witnesses complexity complainant’s allegations. [2006] iehc 128 has a man on alleging sexual offences against child in 1982 1983, that allowing to procee
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Courts Service · 2006-04-26 · courts
high court orders six superwood companies to provide security for insurers’ costs the order concerns companies’ application review taxation of their earlier legal costs. was stayed until master fixes and it is furnished. [2006] iehc 123 ireland has ordered three insurer defendants in a taxing master
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Courts Service · 2006-04-26 · courts
high court allows limited discovery in pending judicial review the ordered disclosure of specified existing records concerning refugee appeal procedures, while excluding an irrelevant request and declining to require respondents create statistics or lists. [2006] iehc 152 has a brought by leonid pop
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Courts Service · 2006-04-25 · courts
high court dismisses soldier’s ptsd claim against state the accepted that francis corbett had linked to traumatic experiences on overseas tours, but found army’s response and support were not deficient evidence. [2006] iehc 460 dismissed corbett’s ireland, attorney general minister for defence, find
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Courts Service · 2006-04-13 · courts
high court rejects damages claim over garda search after finding warrant defect did not establish liability the found for ann osbourne’s apartment technically invalid, but concluded it was sought and executed in good faith. satisfied that she injured manner described. [2006] iehc 117 has rejected ar
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Courts Service · 2006-04-13 · courts
high court refuses injunction to halt teacher’s disciplinary process mr justice clarke declined stop an investigation into secret recordings, finding that the case had not reached clear threshold for intervention. he left open possibility of a renewed application if circumstances changed. 2006 [iehc
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Courts Service · 2006-04-07 · courts
weight watchers vat exemption appeal rejected by high court the answered a stated question of law in revenue commissioners’ favour, finding that circuit judge could reasonably deny company’s claim to an educational-services exemption. [2006] iehc 446 has upheld court’s determination denross limited,
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Courts Service · 2006-04-07 · courts
court refuses application to quash conviction in historic sexual assault case the of criminal appeal found that applicant had not established grounds for relief under section 2 procedure act 1993. has refused an by m. s. his convictions, finding he was convicted high on 11 december 2000 six counts i
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Courts Service · 2006-04-07 · courts
high court awards former soldier €36,395.77 over early discharge the found defence forces breached a two-year service extension by discharging before it ended, and awarded ver scheme gratuity with 8% annual interest. 2006 iehc 114 of ireland james mcgrath €36,395.77, plus interest at year, after fin
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Courts Service · 2006-04-07 · courts
high court declines further punishment after rossport contempt committals the held it had power to punish serious civil contempt, but decided that five people previously imprisoned for 94 days would receive no additional penalty in this case. 2006 iehc 108 has declined impose any on who spent prison
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Courts Service · 2006-04-07 · courts
high court refuses challenge to drink-driving conviction after certificate amendment the judge agreed district had no power amend a breath-test certificate, but held error did not invalidate prosecution because it was inconsequential and caused prejudice. [2006] iehc 146 has refused judicial review
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Courts Service · 2006-04-07 · courts
appeal court sets aside 14-year drug sentence, then imposes the same term of criminal found it was unclear whether admissions about earlier importations had influenced original sentence. resentenced patrick long to 14 years for importation offence, excluding those from its calculation. set long’s se
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Courts Service · 2006-04-07 · courts
high court quashes nigerian woman’s rejected asylum appeal the found that refugee appeals tribunal had relied on a significant credibility conclusion without giving applicant chance to respond, and relevant information not been disclosed. 2006 iehc 113 has quashed decision rejecting for status, find
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Courts Service · 2006-04-06 · courts
high court strikes out delayed medical negligence case against surgeon the found delay unexplained and said a fair trial could no longer take place without retired surgeon, who was wholly incapacitated. [2006] iehc 453 court, dublin struck proceedings joseph hanley, any claim that north western heal
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Courts Service · 2006-04-06 · courts
supreme court restores jury trial in sexual assault damages appeal the held that plaintiff’s combined and negligence claims fell within an exception to statutory bar on trials for personal injury actions. it dismissed motion transfer case a non-jury list. has allowed over whether civil claim arising
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Courts Service · 2006-04-06 · courts
high court extends time for appeal over hepatitis c compensation claim the allowed a late to proceed, finding that applicable court-rule deadline could be extended and proposed was arguable. it did not decide itself. [2006] iehc 115 has d. f. bring an against rejection of his connected wife’s c. fou
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Courts Service · 2006-04-06 · courts
supreme court awards curtin half his costs in exceptional removal case the declined to treat brian as having won appeal, but ordered attorney general pay high and costs. has that receive of proceedings payable by general. it refused application for full made no order or against any other party. ruli
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Courts Service · 2006-04-06 · courts
supreme court says judge may reject guilty plea where insanity is seriously in issue the answered a consultative question about circuit judge’s power to intervene exceptional circumstances; it did not determine accused’s sanity or charge. has ruled that trial may, circumstances, decline accept and r
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Courts Service · 2006-04-06 · courts
supreme court says judge could not replace guilty plea with insanity defence the answered a consultative question about an accused who wished to maintain his plea. sentencing was left circuit judge. ruled that trial man’s so be investigated, where man fit plead and chose raise defence. ruling came i
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Courts Service · 2006-04-06 · courts
supreme court says trial judge could not reject guilty plea over insanity concerns the answered a consultative case stated about to causing serious harm, while leaving open whether require change of in different case. ruled that particular raised by sentencing possible did empower him sean redmond’s
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Courts Service · 2006-04-06 · courts
supreme court rejects intervention in guilty plea based on possible insanity the answered a circuit judge’s question negative, holding that setting aside to raise sanity concerns requires quite exceptional circumstances. has ruled trial judge should not set an accused person’s issue about unless cir
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Courts Service · 2006-04-06 · courts
high court refuses to strike out pilots’ union rights case against ryanair the said novel legal questions could not be resolved on a strike-out application and dismissed ryanair’s application. underlying claims remain determined. [2006] iehc 118 has limited’s proceedings brought by irish municipal p
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Courts Service · 2006-04-06 · courts
supreme court dismisses zed fm challenge to phantom rock contract award the upheld refusal quash broadcasting commission’s decision, finding no basis overturn its assessment of competing bids or policy on former pirate broadcasters. [2006] iesc 24 has dismissed scrollside limited’s appeal over a dub
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Courts Service · 2006-04-06 · courts
supreme court allows appeal over phantom fm licence award the found broadcasting commission had failed to assess relevant aspects of successful applicant’s character, including its repeated returns illegal after unsuccessful applications. allowed scrollside ltd’s against commission’s a dublin altern
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Courts Service · 2006-04-06 · courts
court of criminal appeal dismisses o’flynn construction fine after fatal site explosion the upheld a €200,000 finding serious safety failures contributed to death boy at cork site. has dismissed company limited’s against imposed pleaded guilty two construction-site offences. offences followed in roc
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Courts Service · 2006-04-05 · courts
high court refuses bid to send medical indemnity dispute england and wales the ruled that former consultant surgeon’s claims challenged how defence union exercised its discretion, rather than company law validity of a decision by board. it refused applicants’ application set aside service third-part
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Courts Service · 2006-04-05 · courts
supreme court dismisses dpp appeal over delay in historical abuse case the ruled that blameworthy prosecution alone does not automatically stop a trial, but upheld high court’s prohibition order after considering accused’s increased anxiety and public interest prosecuting serious charges. dismissed
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Courts Service · 2006-04-05 · courts
supreme court dismisses dpp appeal in delay case involving sexual offences the upheld high decision to prohibit further proceedings, while geoghegan j. stressed that blameworthy prosecutorial is one factor a broader balancing exercise. dismissed director of public prosecutions’ against prohibiting p
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Courts Service · 2006-04-05 · courts
supreme court refuses to strike out woman’s claim against cigarette maker the dismissed gallaher (dublin) limited’s appeal, leaving a smoker’s personal injury be tested at full hearing. has an appeal by limited seeking over cigarettes she says caused continuing after began smoking company’s brand in
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Courts Service · 2006-04-05 · courts
supreme court rejects automatic access to lithuanian arrest warrant the allowed minister’s appeal, ruling that a person sought under european is not entitled underlying domestic simply on request. high may still require further information where statutory test met. s.c. no. 446 of 2005 has minister
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Courts Service · 2006-04-05 · courts
supreme court overturns order for lithuanian arrest warrant copy the ruled that european did not have to include underlying domestic and respondent had offered no evidence warranting its production. it remitted surrender matter high final determination. allowed minister justice, equality law reform’
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Courts Service · 2006-04-04 · courts
high court refuses interim injunction in quays kitchen lease dispute a judge found fair issue to be tried over whether five-year had been agreed, but held that damages could adequately compensate the claimant if he later succeeded. [2006] iehc 125 refused an interlocutory sought by catering operator
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Courts Service · 2006-04-04 · courts
high court blocks extradition of martin kerrigan over 1993 london bank robbery allegations [2006] iehc 354 the has refused to extradite john england arising from a in northwood, middlesex. had been arrested ireland january 2004 on three warrants. two concerned alleged robberies at 9 august 1993, inc
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Courts Service · 2006-04-04 · courts
supreme court dismisses appeal over limits on questioning garda belief evidence the held that questions about basis of a chief superintendent’s could be limited to protect informer privilege, while requiring any restriction kept minimum. dismissed martin kelly’s against his conviction for membership
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Courts Service · 2006-04-04 · courts
high court bars one indecent-assault charge but allows 48 others to proceed the restrained prosecution of a concerning stephen d. because nine-year reporting delay had no explanation. it refused prohibit remaining charges, finding that delays by a.r. and s.d. were attributable applicant prosecutoria
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Courts Service · 2006-04-04 · courts
supreme court upholds martin kelly ira membership conviction despite limits on cross-examination the has upheld kelly’s for of finding that garda reliance confidential intelligence restricted his ability to cross-examine effectively. was convicted by special criminal 19 november 2003 an unlawful org
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Courts Service · 2006-04-04 · courts
high court orders five-year company restriction against dcs director the found that conor henley favoured selected creditors and gave less than candid explanations during liquidation. it dismissed application his mother, marie henley, finding no specific evidence of wrongdoing by her. [2006] iehc 17
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Courts Service · 2006-04-03 · courts
high court strikes out engineer’s challenge over limerick canopy application the ruled that john v. lennon had no standing to seek a declaration about richard costello’s planning application, and validity of authority’s decision could not be challenged through these proceedings. [2006] iehc 112 has
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Courts Service · 2006-04-03 · courts
court reduces five violent disorder sentences from six years to four and a half the of criminal appeal rejected applications for leave against conviction but found six-year disproportionate compared with those imposed on two co-accused who pleaded guilty. has reduced applicants convicted years, find
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Courts Service · 2006-04-03 · courts
court dismisses dpp appeal over suspended sentence for drug offence the of criminal held that sentencing judge was entitled to suspend a five-year in light exceptional circumstances, including respondent’s sustained progress rehabilitation. has dismissed director public prosecutions against prison i
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