Courts Service · 2006-07-31 · courts
high court grants proceeds-of-crime order over money found in dublin home the found, on balance of probabilities, that seized cash was directly or indirectly proceeds crime and dismissed defendant’s counterclaim. [2006] iehc 447 granted plaintiff an interlocutory under section 3 act 1996 concerning
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Courts Service · 2006-07-31 · courts
high court orders discovery in corrib pipeline case, refuses request to minister the ordered document disclosure on several issues civil proceedings, rejected a separate application against and dismissed plaintiff’s try public law question preliminarily. [2006] iehc 268 has shell e p ireland limited
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Courts Service · 2006-07-31 · courts
high court rejects frank ward’s renewed bid for release under article 40 after the supreme remitted issues a full hearing, held that detention was shown to be lawful. it also said authorities had regularised his placement in portlaoise prison. [2006] iehc 297 has rejected application 40.4.2 of const
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Courts Service · 2006-07-31 · courts
high court rejects objections to lithuanian arrest warrant the rejected respondent’s surrender, including his challenge issuing authority. judgment records those as having failed; source does not state a final surrender order. [2006] iehc 270 of ireland valdemaras altaravicius’s european issued by l
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Courts Service · 2006-07-31 · courts
high court rejects challenge to costs taxation review rules the held that objections a taxing master’s assessment form part of process, and reasons were not required at initial stage. [2006] iehc 263 has refused judicial governing assessment, holding procedure was an appeal same decision-maker did b
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Courts Service · 2006-07-31 · courts
supreme court dismisses appeal to halt historical child sexual abuse prosecutions the held that delay alone did not bar trials, and affirmed high court’s refusal grant an injunction. has dismissed h.’s against a order refusing stop two sets of for alleged indecent assaults said have occurred in mid-
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Courts Service · 2006-07-31 · courts
high court stops disciplinary hearing after finding two-year delay unreasonable the allowed denis kenny’s judicial review challenge to a garda complaints process, citing an inordinate delay. judgment does not specify precise order made. [2006] iehc 224 application for that in processing complaint ag
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Courts Service · 2006-07-31 · courts
high court awards three injured children €815,051 after 1999 road crash the rejected contributory negligence claims against and found their driver breached a duty of care over seatbelt safety, but ruled that breach did not cause injuries or require contribution to damages. [2006] iehc 269 awarded yo
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Courts Service · 2006-07-31 · courts
high court awards passenger €45,250 after finding he knowingly rode with an unfit, uninsured driver the found 50% contributorily negligent and dismissed his claim against motor insurers’ bureau of ireland under agreement’s uninsured-vehicle exclusion. [2006] iehc 287 awarded john devlin car owner pe
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Courts Service · 2006-07-28 · courts
high court says district can amend breath-test charge, leaving decision to judge the answered yes a consultative question about jurisdiction, but did not decide whether charge should actually be amended. [2006] iehc 232 has ruled that jurisdiction consider amending was incorrectly worded. make amend
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Courts Service · 2006-07-28 · courts
high court orders preliminary limitation issues in waterford pension case the directed separate trials on whether walter croke could rely specified provisions and his claims against irish pensions trust were statute barred. it did not decide either issue. [2006] iehc 266 has a trial of two croke’s c
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Courts Service · 2006-07-28 · courts
high court bars dublin airport robbery prosecution over excessive delay the found unacceptable and inexcusable, granted an order of prohibition against director public prosecutions. [2007] iehc 99 prohibited anthony grogan alleged armed at in october 1999, finding that state’s bringing case was inex
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Courts Service · 2006-07-28 · courts
high court limits discovery in independent newspapers dispute the allowed newspapers’ appeal against an order for discovery, requiring it to preserve and list confidential unpublished material while leaving possible disclosure trial judge. [2006] iehc 276 by (ireland) limited a its with joseph murph
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Courts Service · 2006-07-28 · courts
court refuses leave to appeal cannabis conviction after rejecting possession and interview evidence challenges the of criminal found jury had conclude that john gallagher others physically controlled container while trying unload it. it also upheld admission his notes refused appeal. for possessing
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Courts Service · 2006-07-28 · courts
high court refuses bid to stop district prosecution over delay finnegan p. found that culpable was borderline but insufficient prevent the trial proceeding, and said applications of this kind should usually go before judge. [2006] iehc 234 has refused an applicant’s request a prosecution, finding in
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Courts Service · 2006-07-28 · courts
high court upholds nurse’s erasure from register after misconduct appeal a complete rehearing upheld the professional finding and sanction imposed by an bord altranais following overnight shift at tuam nursing home. [2006] iehc 226 has decision to erase nurse that her conduct during home fell seriou
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Courts Service · 2006-07-28 · courts
high court grants leave to challenge waste licence over buffer-zone assessment the allowed a residents’ association pursue two grounds alleging that epa failed determine buffer zone required by best available technology. it refused on other challenges. [2006] iehc 272 has granted usk seek judicial r
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Courts Service · 2006-07-28 · courts
high court refuses bid to stop prosecution over alleged 1993 abuse the applicant argued that delays in reporting and prosecuting allegations risked an unfair trial. refused requested relief, finding delay was explained no sufficient effect of prosecutorial on trial rights had been shown. [2006] iehc
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Courts Service · 2006-07-27 · courts
high court dismisses negligence claim over sciatic nerve injury during hip replacement the judge rejected plaintiff’s case that surgical instruments caused injury, finding defendants’ account more likely on balance of probabilities. [2006] iehc 227 dismissed a brought by 79-year-old man who suffered
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Courts Service · 2006-07-27 · courts
high court refuses to halt prosecutions despite two-year delay executing warrants the found culpable, inordinate by gardaí but ruled applicant had not shown enough prejudice outweigh public interest in proceeding with charges. [2006] iehc 122 has refused an application prohibit prosecution of stephe
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Courts Service · 2006-07-27 · courts
supreme court rejects pre-trial bid to halt indictment over delay the held that challenges before trial should proceed by judicial review, while preserving judge’s power protect fairness as evidence emerges during a trial. dismissed p.o’c’s appeal, ruling central criminal could not hear separate app
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Courts Service · 2006-07-27 · courts
high court upholds arrest after driver was asked to move car at checkpoint the answered yes whether lawful and no garda’s opinion vitiated, while expressing misgivings about second question appropriate. [2006] iehc 230 has upheld lawfulness of a drink-driving garda his short distance from checkpoint
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Courts Service · 2006-07-26 · courts
supreme court dismisses minister’s appeal over corn gluten seizure notices the upheld high court’s ruling that 2000 regulations did not authorise recall, or detention orders. it decide whether bone findings could otherwise have justified those actions. dismissed minister for agriculture and food’s o
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Courts Service · 2006-07-26 · courts
high court strikes out hearing-loss claim against insurer over defective pleadings the struck royal and sun alliance as pleaded, finding that it disclosed no reasonable cause of action. did not decide insurer’s alternative delay arguments. [2006] iehc 256 a former westport textiles employee’s plc be
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Courts Service · 2006-07-26 · courts
supreme court rejects state appeals over access to relevant refugee tribunal decisions the upheld three high rulings that applicants who sought prior before their hearings were entitled reasonable access, while leaving form of tribunal. has dismissed previous tribunal, holding refusing such breached
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Courts Service · 2006-07-26 · courts
supreme court orders discovery affidavit in prosecution-delay case the allowed cecily cunningham’s appeal over correspondence cited by director of public prosecutions to explain delay before charges were brought. it ordered a affidavit, while leaving entitled claim privilege any document or part doc
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Courts Service · 2006-07-25 · courts
high court awards €58,500 after hotel fall in monaghan liability was admitted the 2000 at hillgrove hotel. rejected defendant’s application over plaintiff’s evidence and awarded damages for injuries it found she sustained. [2006] iehc 222 ingrid corbett fell while leaving july 2000. quinn hotels lim
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Courts Service · 2006-07-25 · courts
supreme court sets aside order barring prosecution of t.h. the allowed director public prosecutions’ appeal, dismissed t.h.’s judicial review application and discharged injunction that had halted further prosecution. has set a high on sexual assault charge, finding delay relied to stop case was larg
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Courts Service · 2006-07-25 · courts
supreme court says three excise-law challenges were not premature the allowed appellants to raise constitutional after prosecutions had begun, but this judgment addressed only whether their cases premature. has ruled that people prosecuted over alleged excise offences entitled challenge constitution
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Courts Service · 2006-07-25 · courts
supreme court rejects constitutional challenge to customs offence penalties the dismissed three appeals, holding that section 89(b) of finance act 1997 did not breach separation powers, discriminate on basis wealth or violate proportionality. has appeals challenging constitutionality for offences un
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Courts Service · 2006-07-25 · courts
supreme court dismisses challenge to carrickmines works directions the upheld high court’s rejection of constitutional and eu environmental assessment challenges a 2004 law governing at castle. dismissed dominic dunne’s appeal against ruling on legislation affecting castle completion south eastern r
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Courts Service · 2006-07-24 · courts
appeal court upholds brian meehan’s convictions, including for veronica guerin’s murder the of criminal rejected challenges to use telephone records and accomplice evidence, dismissed all appeals against conviction. conviction, his conviction 1996 journalist guerin. in a judgment delivered on 24 jul
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Courts Service · 2006-07-21 · courts
high court refuses to set aside arbitration awards in holiday injury claim the found challenge came after inordinate delay and that there was no evidence of misconduct arbitration. it refused or order a retrial. [2006] iehc 271 has malcolm marshall’s application arising from his against tour organis
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Courts Service · 2006-07-21 · courts
high court refuses hughes application to freeze ricoh assets the was not satisfied that conditions for a mareva injunction had been established, citing ricoh’s expected indemnity claim and its parent company’s sworn funding commitment. [2006] iehc 233 refused maureen hughes’s of her employer, printi
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Courts Service · 2006-07-21 · courts
high court refuses declaration that freshwall smoking structure qualifies as outdoors the found it could not grant requested on evidence and declined to decide product’s status in abstract. [2006] iehc 307 {'name': 'high court', 'jurisdiction': 'ireland'} refused a sought by malone engineering produ
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Courts Service · 2006-07-20 · courts
high court orders emerald group register corrected to recognise banfi’s 16,525 shares the found directors refused registration prevent banfi from pursuing separate company-law proceedings, and ordered company’s rectified. [2006] iehc 257 has holdings limited as owner of ordinary shares, finding that
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Courts Service · 2006-07-19 · courts
high court orders recognition of english contact order for two boys the rejected mother’s grounds refusing enforcement but set practical arrangements remaining 2006 summer and future holiday dates. [2006] iehc 262 ireland ordered in an oxford county residence concerning boys, after rejecting enforce
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Courts Service · 2006-07-19 · courts
high court sets aside service in exclusive distributor’s contract dispute the held that nestorway had not established irish jurisdiction over its claim against ambaflex, leaving alleged wrongful termination and expiry unresolved. [2006] iehc 235 has set of proceedings on dutch company ambaflex b.v.
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Courts Service · 2006-07-19 · courts
high court orders release of cork prison inmate over defective committal warrant the found and service underlying order did not meet required formalities. it left a separate jurisdiction question undecided said january 2006 remained valid. [2006] iehc 236 directed james o’gorman from after finding t
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Courts Service · 2006-07-18 · courts
high court awards €300,000 to man abused by former school principal the rejected limitation and delay defences, but found religious-order state defendants were not liable. damages assessed against alone. [2006] iehc 261 of a national in county galway for sexually abusing pupil between 1969 1972. awa
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Courts Service · 2006-07-18 · courts
high court finds no agreement on use of embryos after couple’s separation a preliminary private-law issue concerned whether separated couple had agreed that three frozen would be implanted their first ivf attempt succeeded. [2006] iehc 221 the ruled made agreement, express or implied, about what sho
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Courts Service · 2006-07-17 · courts
high court orders former solicitor to release two case files subject conditions the must go clients’ new solicitors after €1,013.05 in outlays is reimbursed and an undertaking protects solicitor’s lien. [2006] iehc 274 has ordered gerard gannon deliver solicitors, reimbursement of preserve his lien
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Courts Service · 2006-07-14 · courts
high court refuses curragh group’s bid for protection from costs the ruling concerned a preliminary application protective order. did not decide challenge to two planning permissions. [2006] iehc 243 dismissed an by friends of environment limited order, finding that its proposed judicial review rais
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Courts Service · 2006-07-14 · courts
high court orders beneficiary to pay sister’s costs in estate debt dispute the ordered unsuccessful his personally, while special administrator’s are payable from and charged against property devised him. [2006] iehc 219 court, probate has gerard markey sister mary markey’s personally after he faile
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Courts Service · 2006-07-14 · courts
court refuses leave to appeal conviction over ira membership the of criminal rejected all grounds advanced against a special conviction. separate application concerning sentence was left for possible later consideration. has refused eamon matthews his ira, rejecting it. ruling, delivered by macken j
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Courts Service · 2006-07-14 · courts
high court makes no costs order after directors avoid restriction the declined to award two who applied substantive proceedings, finding exceptional circumstances displace usual approach. [2006] iehc 258 made as in an application by of doherty advertising limited, which was official liquidation. mr
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Courts Service · 2006-07-13 · courts
high court refuses supreme appeal certificate in waste recovery case the said proposed legal questions did not meet statutory test for a point of exceptional public importance and an desirable interest. [2006] iehc 250 refused glancré teoranta’s application to court, finding that none its met criter
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Courts Service · 2006-07-13 · courts
court refuses joseph fee leave to appeal conviction over explosives offences the of criminal rejected all grounds in fee’s application for his conviction. sentence and prosecution’s increase sentences were deferred. appeal; trial court: special has refused two arising from a garda operation county l
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Courts Service · 2006-07-12 · courts
supreme court upholds port of waterford’s power to sell harbour land the dismissed an attorney general action challenging waterford company’s proposed sale north wharf, while leaving any dispute about facilities at bellview for another day. has appeal parts its harbour, including wharf. in a judgmen
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Courts Service · 2006-07-12 · courts
high court gives londis judgment against guarantors but leaves balance to be defended the awarded €75,000 adm plc on a summary application, while allowing two individual defendants defend remaining balance, including by counterclaim. [2006] iehc 309 court, dublin gave for in dispute over an insolven
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Courts Service · 2006-07-11 · courts
applicant awarded costs for judicial review leave hearing, but must pay appeal-certificate the high court made separate orders two stages of a planning and no order hearing itself. [2006] iehc 223 has ordered an bord pleanála, ireland, attorney general notice parties to martin harrington’s on his ap
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Courts Service · 2006-07-11 · courts
high court refuses to halt dangerous-driving trial over lost vehicle evidence the called gardaí’s failure preserve two vehicles a grave omission, but found no real risk that accused could not receive fair trial. [2006] iehc 244 has refused an application prohibit on charge of dangerous driving causi
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Courts Service · 2006-07-11 · courts
supreme court rejects louth residents’ bid to challenge sellafield authorisations in irish courts the has ruled that cannot determine validity of british regulatory decisions authorising operations at nuclear site, rejecting an appeal brought by four county residents. constance short, mary kavanagh,
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Courts Service · 2006-07-10 · courts
supreme court says it cannot hear gilligan’s sentence appeal the ruled that its certificate covered points about conviction, not sentence, and held had no jurisdiction to consider challenge. has john against severity of his because certified concerned conviction only. in a judgment delivered by mr j
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Courts Service · 2006-07-10 · courts
supreme court held prisoner's detention remained lawful after offence provision was struck down the allowed prison governor’s appeal, ruling that completed proceedings and resulting sentence would generally remain effective statutory declared unconstitutional. an appeal by governor of arbour hill a.
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Courts Service · 2006-07-10 · courts
supreme court allows appeal over retrospective effect of invalid law ruling the held that a declaration unconstitutionality does not generally apply retrospectively to people outside case produced it. it allowed governor’s against high order directing a.’s release. [2006] iesc 45 ireland an by gover
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Courts Service · 2006-07-10 · courts
supreme court dismisses long-delayed appeal in steelworks injury case the dismissed michael mcgrath’s for want of prosecution and refused his motion to introduce further evidence, while leaving high court’s original liability decision place. s.c. no. 339 1996 against dismissal personal injuries clai
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Courts Service · 2006-07-10 · courts
supreme court rejects bid to reopen conviction after constitutional ruling the allowed governor of arbour hill prison’s appeal, holding that applicant’s concluded was not open attack on grounds raised. an appeal by prison in a case about whether later finding legislation unconstitutional could crimi
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Courts Service · 2006-07-10 · courts
supreme court dismisses appeal against 20-year cannabis sentences the held it had jurisdiction to consider sentence appeal, but declined change of criminal appeal’s terms for possession sale or supply. has dismissed john gilligan’s prison possessing resin supply, deciding that hear should not interv
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Courts Service · 2006-07-10 · courts
supreme court rejects bid to halt deportation while appeal proceeds the declared that a statutory certificate was not required for concerning minister’s refusal revoke order, but refused other relief sought. an injunction prevent of lidia cosma her pending, she did need bring part order. in judgment
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Courts Service · 2006-07-10 · courts
supreme court rules final conviction stands despite later constitutional ruling the allowed prison governor’s appeal and ordered a.’s re-arrest to complete his sentence, holding that did not automatically invalidate a conviction. ruled sentence remained lawful after it declared unconstitutional stat
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Courts Service · 2006-07-10 · courts
supreme court rejects prisoner’s bid to rely on another man’s constitutional case the held that a.’s completed conviction and sentence retained legal effect after a separate challenge invalidated offence provision. it allowed governor’s appeal refused release under article 40. [2006] iesc 45 governo
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Courts Service · 2006-07-07 · courts
high court dismisses challenge to family-law powers over property and maintenance the rejected a husband’s constitutional legislation used in earlier matrimonial proceedings, finding no basis revisit those decisions or grant relief he sought. 2006 iehc 275 dismissed two consolidated actions which hu
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Courts Service · 2006-07-07 · courts
high court rejects challenge to asylum appeal decision the refused applicant’s judicial review, finding refugee appeals tribunal lacked power grant an oral hearing after commissioner’s statutory and rejecting challenges its internal relocation assessment. [2006] iehc 218 of ireland has a that her co
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Courts Service · 2006-07-06 · courts
high court finds hse breached dundalk surgeon’s permanent contract after fixed-term work became indefinite [2006] iehc 245 the has found that health service executive employment of surgeon ibrahim ahmed his successive appointments at louth county hospital a duration. mr had worked as consultant from
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Courts Service · 2006-07-06 · courts
high court dismisses pupil’s claim over school dodgeball injury the found game was reasonably safe and fall a risk of physical activity. it no negligence by school’s board management. [2006] iehc 416 court, dublin dismissed personal against management st. ciaran’s national school, finding in use dur
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Courts Service · 2006-07-06 · courts
high court refuses aaron doyle bid to halt prosecution over two-year delay [2006] iehc 228 the has refused stop of offences dating from august 2003, finding that a just two years before he was recharged did not deprive him his right fair trial. first arrested on 6 2003 and appeared district days lat
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Courts Service · 2006-07-06 · courts
high court sets aside renewal of summons against architects in roof damage case the found no good reason to renew after delays service, including a solicitor’s inadvertent failure send an engineering report counsel. [2006] iehc 215 has set order renewing plenary involved claim over storm factory wes
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Courts Service · 2006-07-05 · courts
high court lets kategrove claim continue under strict deadline, excludes proposed misrepresentation the refused anglo irish bank’s application to dismiss proceedings for delay, but barred amended and ordered remaining case be trial-ready by 30 october 2006 or face dismissal. [2006] iehc 210 an bank
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Courts Service · 2006-07-05 · courts
court quashes eight sexual offence convictions after jury denied relevant evidence of criminal appeal the has quashed against an anonymised man ruling that his trial was unfair because defence prevented from asking limited questions about concerning complainant. g.k. convicted in central march 2005
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Courts Service · 2006-07-04 · courts
irish citizen baby allowed challenge to nigerian father’s deportation decision [2006] iehc 211 high court the has an a not revoke order against his father, while rejecting own application for leave pursue judicial review. olukunle elukanlo came ireland in february 2002 and unsuccessfully sought asyl
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Courts Service · 2006-07-04 · courts
high court refuses challenge to refugee appeal decision the declined interfere with a tribunal affirming recommendation that mike ero not be declared refugee. [2006] iehc 246 has refused ero’s application for judicial review of appeals affirmed he should in judgment delivered on 4 july 2006, mr just
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Courts Service · 2006-07-03 · courts
supreme court stops remaining prosecution over risk of unfair trial after decades-old allegations the has allowed an appeal by anonymised man seeking to stop historic sexual offence involving his daughter. appellant, identified only as d.k., faced 38 charges rape and indecent assault arising from sa
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Courts Service · 2006-07-03 · courts
supreme court dismisses appeal in eurofood insolvency dispute the held that irish provisional liquidator’s appointment opened main proceedings first. it dismissed appeal, leaving high winding-up order place. [2006] iesc 41; 147/04 an over winding up of ifsc limited, holding court’s a liquidator irel
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