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Courts Service · 2006-11-30 · courts

High Court certifies appeal question on planning challenge standing

high court certifies appeal question on planning challenge standing the granted a certificate for an to supreme criteria establishing “substantial interest” under law. it refused certify five other proposed questions. [2006] iehc 450 certified about how person may establish decision by judicial revi

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Courts Service · 2006-11-30 · courts

Court of Criminal Appeal upholds conviction in €500,000 drug possession case

court of criminal appeal upholds conviction in €500,000 drug possession case the dismissed michael tanner’s appeal, finding evidence from a rented car space, parking access card and events at his home supported conviction. upheld on three counts unlawful controlled drugs. concerned whether there was

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Courts Service · 2006-11-29 · courts

Supreme Court rejects bid to stop trial over delay, upholds order on one complaint

supreme court rejects bid to stop trial over delay, upholds order on one complaint the found no real or serious risk that delay would prevent a fair remaining charges, while dismissing prosecution’s cross-appeal concerning m.k. [2006] iesc 66 has dismissed j.b.’s appeal seeking his criminal alleged

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Courts Service · 2006-11-29 · courts

High Court grants divorce after increasing wife’s maintenance and ordering lump sum

high court grants divorce after increasing wife’s maintenance and ordering lump sum the raised annual to €90,000, ordered a €400,000 directed pension provision, while leaving formal order’s details for counsel address. [2006] iehc 451 granted decree of finding that proper provision had been made spo

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Courts Service · 2006-11-29 · courts

Supreme Court refused to stop prosecution after decades-long delay

supreme court refused to stop prosecution after decades-long delay the declined prohibit trial, finding evidence about stress and prejudice was not sufficiently specific. trial judge must still ensure a fair as case develops. [2006] iesc 66 j.b.’s application prevent over alleged offences said have

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Courts Service · 2006-11-28 · courts

Supreme Court dismisses appeals over animal remedies regulations

supreme court dismisses appeals over animal remedies regulations the upheld high court’s refusal of judicial review, holding that oireachtas created relevant indictable offences and finding no ambiguity in provision at issue. dismissed by seamus quinn, darragh quinn neil tector affirmed order refusi

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Courts Service · 2006-11-28 · courts

Supreme Court dismisses appeal over house, car and motorcycle proceeds orders

supreme court dismisses appeal over house, car and motorcycle proceeds orders the upheld high under of crime act, including appointment a receiver with power sale blarney dwellinghouse. [2006] iesc 63 dismissed appeals by thomas homan james affirmed made 1996. concerned dwellinghouse at 67 seannaclo

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Courts Service · 2006-11-28 · courts

Court refuses leave to appeal IRA membership convictions

court refuses leave to appeal ira membership convictions the of criminal rejected niall binead and kenneth donohue’s applications, finding no established unfairness in trial upholding court’s conclusions on combined evidence. has refused donohue their for an illegal organisation, special conclusion

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Courts Service · 2006-11-28 · courts

Supreme Court rejects challenge to breath-test procedures in drink-driving cases

supreme court rejects challenge to breath-test procedures in drink-driving cases the dismissed three men’s appeal, holding that road traffic act’s breath-testing scheme did not disproportionately interfere with an accused person’s right a fair trial. has appeal by men facing prosecutions, rejecting

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Courts Service · 2006-11-28 · courts

High Court refuses both sides’ bids to change taxed costs

high court refuses both sides’ bids to change taxed costs the found no basis alter taxing master’s allowances on either party and or solicitor client costs. [2006] iehc 383 refused three motions seeking changes allowed by master in litigation involving lowe taverns (tallaght) limited, south dublin c

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Courts Service · 2006-11-28 · courts

High Court sets aside order requiring solicitor to repay client’s costs

high court sets aside order requiring solicitor to repay client’s costs the allowed an appeal against a master’s under 99 rule 7, finding solicitor’s conduct did not meet required threshold and that master lacked power make order. 2006 iehc 385 has set his after amount misconduct or gross negligence

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Courts Service · 2006-11-24 · courts

High Court orders Courtview land vested in new management company

high court orders courtview land vested in new management company the order addresses incomplete title to varied estate at courtview, subject apartment leases and specified rights for neighbouring properties. [2006] iehc 408 has ordered that castle avenue, clontarf, be (no. 2) limited, a formed by t

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Courts Service · 2006-11-24 · courts

High Court refuses Danish surrender request after 18-year lapse

high court refuses danish surrender request after 18-year lapse the found would be oppressive or invidious in circumstances, while concluding delay did not make a fair trial denmark impossible. [2006] iehc 382 refused to poul john aamond under european arrest warrant, finding that since alleged offe

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Courts Service · 2006-11-24 · courts

High Court orders surrender in UK arrest warrant case

high court orders surrender in uk arrest warrant case the rejected delay and fair-trial objections, while finding an unexplained period of about two years before was issued. [2006] iehc 372 has ordered anonymised respondent to united kingdom under a european warrant, rejecting objections based on de

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Courts Service · 2006-11-24 · courts

High Court orders surrender to Latvia over alleged robbery and other offences

high court orders surrender to latvia over alleged robbery and other offences the rejected challenges based on correspondence delay, ordered for prosecution. judgment does not determine respondent’s guilt. [2006] iehc 379 of a man prosecution robbery, hooliganism misappropriation, rejecting his obje

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Courts Service · 2006-11-24 · courts

High Court declares Tracey Enterprises owner of disputed Mount Seskin plot

high court declares tracey enterprises owner of disputed mount seskin plot the rejected thomas drury’s adverse possession claim, but made no injunction or damages award. [2006] iehc 381 has declared that macadam limited owns a just over half an acre at seskin, brittas, after rejecting claim to have

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Courts Service · 2006-11-24 · courts

High Court orders surrender despite unexplained delay in arrest warrant

high court orders surrender despite unexplained delay in arrest warrant the found that tracing respondent was not fully explained, but held no specific prejudice had been asserted or established. 2006 iehc 375 {'name': 'high court', 'country': 'ireland'} ordered of kieran thomas draisey under sectio

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Courts Service · 2006-11-24 · courts

High Court rejects surrender on Hungarian copyright charges but orders surrender on drug charge

high court rejects surrender on hungarian copyright charges but orders drug charge the found warrant did not allege facts showing that respondent copied material for financial gain, said was required designated offence, subject to hearing parties specialty. [2006] iehc 373 refused 86 copyright-relat

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Courts Service · 2006-11-24 · courts

High Court orders surrender to Lithuania in alleged VAT fraud case

high court orders surrender to lithuania in alleged vat fraud case the rejected a delay objection and ordered under european arrest warrant act, finding no evidence of prejudice. [2006] iehc 374 gintautas peciukenas face an offence described as fraud. ruling was made on 24 november 2006 section 16(1

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Courts Service · 2006-11-24 · courts

High Court orders surrender to Lithuania over 1998 burglary and theft allegations

high court orders surrender to lithuania over 1998 burglary and theft allegations the rejected arguments that delay made unjust or created a real risk of an unfair trial, granted application under section 16(1). [2006] iehc 377 ordered aleksandras krasnovas 16(1) european arrest warrant act 2003, re

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Courts Service · 2006-11-22 · courts

High Court dismisses Western Health Board’s contribution claim against Dr Meehan’s estate

high court dismisses western health board’s contribution claim against dr meehan’s estate the ruled that statutory time limits for proceedings a deceased person’s applied to contribution. [2006] iehc 370 dismissed of late ann meehan, ruling in section 9(2) civil liability act 1961 claim. decision wa

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Courts Service · 2006-11-22 · courts

High Court rejects challenge to quarry intensification referral

high court rejects challenge to quarry intensification referral the found that wicklow county council’s supporting documents, despite their poor quality, contained enough information satisfy statutory requirements. 2006 iehc 363 has rejected o’reilly brothers (wicklow) limited’s an bord pleanála’s d

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Courts Service · 2006-11-22 · courts

High Court refuses prisoner’s bid for release over absence from remand hearing

high court refuses prisoner’s bid for release over absence from remand hearing the found that applicant’s a procedural mention, with his lawyers present, did not make detention unlawful. [2006] iehc 366 has refused an application by daniel hamill cloverhill prison, ruling mention applied under artic

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Courts Service · 2006-11-16 · courts

Garibovs awarded costs after deportation orders revoked and judicial review withdrawn

garibovs awarded costs after deportation orders revoked and judicial review withdrawn the high court found it was reasonable for applicants to start persist with their challenge, but did not decide on its merits. [2006] iehc 371 sebadin garibov neli party-and-party minister justice granted them temp

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Courts Service · 2006-11-16 · courts

High Court awards €12,500 over worker’s broken toe

high court awards €12,500 over worker’s broken toe the found that boxes fell onto a contract packer’s foot at meat plant, but rejected his claim of continuing inability to work and heard submissions on costs. [2006] iehc 364 awarded noel kerr in general damages after finding right while he was packi

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Courts Service · 2006-11-16 · courts

Supreme Court refuses to halt PIAB appeal as moot

supreme court refuses to halt piab appeal as moot the ruled that retained a live interest in challenging high declaration about dealing with claimant’s solicitor, and directed pending proceed normal manner. 169/05 has refused an application stop personal injuries assessment board’s on ground it had

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Courts Service · 2006-11-16 · courts

High Court orders Barry Seymour to attend trial for cross-examination

high court orders barry seymour to attend trial for cross-examination the order concerns his affidavits in a director-disqualification case; did not decide underlying application. [2006] iehc 369 has directed of action be cross-examined on he filed proceedings. if does cross-examination, those may u

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Courts Service · 2006-11-15 · courts

High Court affirms U2’s ownership of four disputed memorabilia items

high court affirms u2’s ownership of four disputed memorabilia items on a rehearing lola cashman’s appeal, the found she had not shown it was more likely than that trousers, earrings, sweatshirt and stetson hat were gifts. [2006] iehc 360 has affirmed circuit orders in dispute over u2 former band st

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Courts Service · 2006-11-15 · courts

High Court refuses bid to quash order retaining forensic samples

high court refuses bid to quash order retaining forensic samples the held that awaiting dpp’s directions was a sufficient reason extend retention for 28 days, while leaving any challenge evidence’s admissibility trial judge. [2006] iehc 357 has refused an application district allowing be retained fu

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Courts Service · 2006-11-14 · courts

High Court grants interim relief to CEO over disputed termination

high court grants interim relief to ceo over disputed termination the found a strong case that ceo’s employment had not been validly terminated, but left final dispute for trial. [2006] iehc 358 granted interlocutory chief executive of national institution bioprocessing research and training limited

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Courts Service · 2006-11-14 · courts

High Court quashes refusal of Egyptian father’s application to remain in Ireland

high court quashes refusal of egyptian father’s application to remain in ireland the found 2005 unlawful because it breached rights applicant’s irish-citizen child, and sent back for reconsideration under law. [2006] iehc 343 ruled that minister justice acted unlawfully refusing an based on his chil

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Courts Service · 2006-11-14 · courts

High Court quashes refusal to consider late application linked to Irish citizen child

high court quashes refusal to consider late application linked irish citizen child the held that minister had discretion and take child’s constitutional convention rights into account. it sent back for consideration determination in accordance with law. [2006] iehc 346 quashed a decision refusing ni

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Courts Service · 2006-11-14 · courts

High Court quashes father’s residency refusal and deportation order

high court quashes father’s residency refusal and deportation order the found that decisions failed to address constitutional family-life rights of applicant’s irish citizen child. it quashed both decisions; application was remitted for a fresh determination. [2006] iehc 345 has under ibc/05 scheme

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Courts Service · 2006-11-14 · courts

High Court refuses challenge to dismissal of Croatian asylum appeal

high court refuses challenge to dismissal of croatian asylum appeal mr justice feeney rejected three grounds for judicial review, finding no denial a proposed witness and basis conclude the tribunal had failed consider relevant material or later submissions. [2006] iehc 365 has refused woman’s appli

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Courts Service · 2006-11-14 · courts

High Court rejects asylum applicant’s bid to record refugee interview

high court rejects asylum applicant’s bid to record refugee interview the held that ireland’s procedures met required standard of fairness, while declining direct applications commissioner or allow applicant do so. [2006] iehc 355 has declined a request his interview, finding used by fairness. in ju

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Courts Service · 2006-11-14 · courts

High Court quashes refusal of Nigerian mother’s residence application

high court quashes refusal of nigerian mother’s residence application the held that her irish citizen twins’ rights had to be considered, while confirming conviction remained relevant application. [2006] iehc 342 has quashed mercy oviawe’s remain in ireland, ruling minister for justice consider cons

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Courts Service · 2006-11-14 · courts

High Court quashes refusals and deportation affirmations in citizen child’s case

high court quashes refusals and deportation affirmations in citizen child’s case the found that officials failed to assess an irish-born boy’s rights relevant immigration considerations. it sent his parents’ residency applications back for reconsideration. [2006] iehc 344 quashed decisions refusing

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Courts Service · 2006-11-14 · courts

High Court quashes refusal of Nigerian father’s residency application

high court quashes refusal of nigerian father’s residency application the found unlawful because minister had not considered irish citizen child’s constitutional rights or private life. it ordered reconsidered according to law. [2006] iehc 341 quashed a for permission remain in ireland under ibc/05

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Courts Service · 2006-11-13 · courts

Supreme Court allows parents’ appeal in child custody case

supreme court allows parents’ appeal in child custody case the rejected high court’s findings that parents had failed their duty or compelling reasons justified keeping daughter prospective adopters’ care. it directed an order returning her to them, with a phased transfer. allowed by natural of youn

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Courts Service · 2006-11-13 · courts

Supreme Court strikes down in-person verification rule for non-party election nominations

supreme court strikes down in-person verification rule for non-party election nominations the held that requiring all 30 assentors to attend a designated office was unconstitutional, while upholding 30-signature requirement and dismissing other grounds of appeal. has ruled people who support dáil ca

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Courts Service · 2006-11-13 · courts

Supreme Court orders infant’s return to parents, with transition arrangements to follow

supreme court orders infant’s return to parents, with transition arrangements follow the ended respondents’ legal entitlement custody but ordered infant remain them temporarily while it considers how transfer should take place. an be released from of a couple and returned her directing that for cons

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Courts Service · 2006-11-13 · courts

Supreme Court allows parents’ appeal in custody case involving child placed for adoption

supreme court allows parents’ appeal in custody case involving child placed for adoption the held that evidence did not establish compelling reasons to keep prospective adopters’ custody, applying constitutional test a married family. allowed an by birth parents of two-year-old who had been with ado

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Courts Service · 2006-11-13 · courts

Supreme Court allows natural parents’ appeal in child custody dispute

supreme court allows natural parents’ appeal in child custody dispute the set aside high court’s refusal to return child, holding that constitutional test for keeping her outside family had not been met. allowed an by a married couple seeking of their young daughter, setting decision refused transfe

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Courts Service · 2006-11-13 · courts

High Court says wording difference was not enough to dismiss drink-driving charge

high court says wording difference was not enough to dismiss drink-driving charge in an appeal by way of case stated, the said district judge wrong over a garda’s use “exercising” rather than “having” proper control. judgment does state conviction or sentence. [2006] iehc 386 ruled that because arre

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Courts Service · 2006-11-13 · courts

Supreme Court allows parents’ appeal in child custody case and orders phased transfer

supreme court allows parents’ appeal in child custody case and orders phased transfer the found no compelling reason or parental failure of duty to keep with foster carers, directed her release married parents through a gradual, expert-guided transfer. allowed an by couple seeking return their young

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Courts Service · 2006-11-10 · courts

High Court dismisses bid to restore Kildare railway bridge after finding works exempt

high court dismisses bid to restore kildare railway bridge after finding works exempt the held that replacing bridge’s arch with a flat concrete deck changed its external appearance but did not make it inconsistent character, so were exempted development. [2006] iehc 356 dismissed bernadine mccabe’s

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Courts Service · 2006-11-10 · courts

High Court says tobacco test purchases are permissible but protocol must guide targeting

high court says tobacco test purchases are permissible but protocol must guide targeting in a case stated from sligo district court, the ruled on entrapment, involving minors and statutory defence available to sellers. it answered legal questions; source does not record court’s final decision charge

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Courts Service · 2006-11-10 · courts

High Court rules Garda Commissioner could not revoke taxi licence over pre-licence conviction

high court rules garda commissioner could not revoke taxi licence over pre-licence conviction the held that revocation power relied on applied to a holder who had ceased be fit and proper after was granted. it ordered 2004 decision delivered up quashed. [2006] iehc 361 ruled acted outside his powers

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Courts Service · 2006-11-10 · courts

High Court dismisses soldier’s challenge to refusal of continued Defence Force service

high court dismisses soldier’s challenge to refusal of continued defence force service the found that a required warning about conduct had been overlooked, but ruled applicant not shown lapse caused him prejudice. [2006] iehc 334 dismissed sergeant david carroll’s application for judicial review dec

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Courts Service · 2006-11-09 · courts

High Court says ship survey dispute was moot and orders each side to bear its own costs

high court says ship survey dispute was moot and orders each side to bear its own costs the did not decide whether a charterer or manager could require department deal with him over vessel’s safety certification. it dismissed claims directed party pay costs. [2006] iehc 335 judicial review who of co

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Courts Service · 2006-11-08 · courts

High Court refuses to halt Belfast man’s trial after finding some judicial review delays excessive

high court refuses to halt belfast man’s trial after finding some judicial review delays excessive the dismissed a renewed application prohibit prosecution, that had not been shown interfere with right protected by an expeditious trial. [2006] iehc 389 has brendan mcfarlane permanently his on charge

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Courts Service · 2006-11-08 · courts

High Court says Cork landowner’s compensation claim is not barred by planning condition

high court says cork landowner’s compensation claim is not barred by planning condition the answered a case stated in negative, finding that preserving land east of beech tree line did preclude an award under 1990 act. [2006] iehc 353 has ruled protecting undeveloped area at douglas hall prevent arb

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Courts Service · 2006-11-08 · courts

High Court orders surrender to Scotland over attempted murder charge

high court orders surrender to scotland over attempted murder charge the rejected four objections a european arrest warrant, while leaving constitutional arguments about detention and oireachtas approval for later, appropriate proceeding. [2006] iehc 351 ordered bernard martin biggins surrendered fa

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Courts Service · 2006-11-07 · courts

High Court rejects challenge to Nicholas Roche’s will

high court rejects challenge to nicholas roche’s will the found complied with succession act 1965 and that plaintiffs had not proved incapacity, duress or undue influence. [2006] iehc 336 rejected a will, finding it been executed in accordance was procured by also said allegation roche lacked testam

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Courts Service · 2006-11-07 · courts

Supreme Court dismisses appeals to halt historic sexual-assault trials

supreme court dismisses appeals to halt historic sexual-assault trials k.r. and p.r. argued that delay the loss of potential witnesses put fair at risk. held they had not established a real or serious risk unfairness. [2006] iesc 59 has dismissed by two anonymised applicants who sought stop their pe

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Courts Service · 2006-11-06 · courts

High Court dismisses bank’s €250,500 claim against solicitor over mortgage undertaking

high court dismisses bank’s €250,500 claim against solicitor over mortgage undertaking the found remained in breach of his but was not satisfied that completing it impossible. dismissed for repayment full loan amount. [2006] iehc 337 bank ireland seeking and interest from daniel coleman a undertakin

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Courts Service · 2006-11-03 · courts

High Court says Austrian restraint order does not bar proceeds-of-crime case from continuing

high court says austrian restraint order does not bar proceeds-of-crime case from continuing the rejected respondents’ jurisdictional objection but did make a disposal or decide who ultimately may receive funds. 2006 iehc 395 has ruled that an existing prevent irish over money held in bank account.

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Courts Service · 2006-11-03 · courts

High Court finds unfair procedures in redress decision on sexual abuse claim

high court finds unfair procedures in redress decision on sexual abuse claim the held that board’s reliance a psychiatrist’s missing clinical notes breached fair procedures. it rejected separate challenge to handling of psychiatric evidence and reserved form order. [2006] iehc 401 found residential

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Courts Service · 2006-11-03 · courts

High Court refuses bid to discharge 1997 proceeds-of-crime order

high court refuses bid to discharge 1997 proceeds-of-crime order the defendants argued that way was obtained caused injustice. held this did not provide grounds reopen it under statutory provision relied on. 2006 iehc 396 has refused an application by two or vary made proceeds of crime act 1996, rul

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Courts Service · 2006-11-01 · courts

Supreme Court says Clinton may argue additional grounds in planning appeal

supreme court says clinton may argue additional grounds in planning appeal the ruled that a certificate of point exceptional public importance does not confine this to point. underlying challenge compulsory purchase order remains for appeal. has paul his against high court’s dismissal affecting larg

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Courts Service · 2006-11-01 · courts

High Court sets standard for appeal against Financial Services Ombudsman finding

high court sets standard for appeal against financial services ombudsman finding the ruled that is not a full rehearing and set out error threshold evidence rules it to proceed. [2006] iehc 323 has an by ulster bank investment funds limited must show serious significant in adjudicative process as wh

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Courts Service · 2006-11-01 · courts

Supreme Court allows wider appeal in Dublin CPO case

supreme court allows wider appeal in dublin cpo case the ruled that paul clinton’s was not limited to certified point of law and directed full be listed for hearing. has clinton may pursue grounds beyond by high his concerning a compulsory purchase order (cpo) made city council. it as soon possible;

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