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Courts Service · 2006-12-21 · courts

High Court alters will to increase provision for daughter

high court alters will to increase provision for daughter the redirected most of two townland landholdings plaintiff after finding that her late mother had failed in moral duty provide her. [2007] iehc 68 court, dublin altered a deceased she make proper daughter. order daughter, while preserving spe

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Courts Service · 2006-12-21 · courts

Court refuses leave to appeal seven-year cocaine sentence

court refuses leave to appeal seven-year cocaine sentence the of criminal said three-year reduction from statutory minimum was largest justified on case’s circumstances. [2006] iecca 164 has refused andrew dermody a prison for possessing supply, finding no basis reduce further. had pleaded guilty of

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Courts Service · 2006-12-21 · courts

High Court rules land sale contract was validly terminated and deposit forfeited

high court rules land sale contract was validly terminated and deposit forfeited the dismissed a buyer’s counterclaim for specific performance after finding she had not met seller’s stated conditions completing purchase. [2006] iehc 417 ruled that of about 6.6 acres in ennis been €180,000 forfeited.

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Courts Service · 2006-12-21 · courts

Criminal Appeal Court dismisses leave application in fatal burglary case

criminal appeal court dismisses leave application in fatal burglary case the said a burglar who kills householder during can have only narrow scope to claim self-defence, and ruled that trial jury’s corrected direction on burden of proof did not make verdict unsafe. [2006] iecca 165 dismissed anthon

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Courts Service · 2006-12-21 · courts

High Court accepts solicitor’s €10,000 charity undertaking after discovery failures

high court accepts solicitor’s €10,000 charity undertaking after discovery failures the said a late-created attendance notes and misleading letter fell short of standards expected in litigation. it made no further order he undertook to pay up within 28 days. [2006] iehc 415 against solicitor robert

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Courts Service · 2006-12-21 · courts

Supreme Court barred prosecution on 30 charges, left two others unresolved

supreme court barred prosecution on 30 charges, left two others unresolved the found a real risk of an unfair trial charges involving j.r. and held that accused had been denied statutory right to question hospital employee by deposition. it deferred whether order sending for could be severed. restra

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Courts Service · 2006-12-20 · courts

High Court orders surrender in French warrant case after fingerprint evidence

high court orders surrender in french warrant case after fingerprint evidence the was satisfied that man before it person sought under european arrest and france’s retrial guarantee met statutory requirement. [2006] iehc 423 has ordered of a accepting on his identity finding sufficient irish law. ju

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Courts Service · 2006-12-20 · courts

High Court dismisses petition to wind up Metafile

high court dismisses petition to wind up metafile the found that company’s broad objects still allowed it pursue manufacturing, so its commercial basis had not legally disappeared. [2006] iehc 407 dismissed a by colman garvey limited, finding original purpose failed even though no longer traded and

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Courts Service · 2006-12-19 · courts

High Court awards banks costs for complying with Revenue information orders

high court awards banks costs for complying with revenue information orders the said were entitled to of under section 908, despite revenue’s allegations about non-resident accounts. it did not decide those disputed allegations. [2006] iehc 419 awarded irish life and permanent plc guinness mahon (ir

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Courts Service · 2006-12-19 · courts

High Court rejects challenge to combined asylum consideration of accompanied child

high court rejects challenge to combined asylum consideration of accompanied child the refused an extension time for judicial review and said it would have rejected on its merits even if had been extended. left a possible stay pending supreme appeal further hearing. [2006] iehc 411 application by eh

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Courts Service · 2006-12-19 · courts

High Court rejects challenge over proposed bridge development in Cork

high court rejects challenge over proposed bridge development in cork the struck out an engineer’s claim concerning a 1998 planning application, finding he lacked standing and that proceedings were delayed. it also said applicant was not entitled to default permission. [2006] iehc 438 has brought by

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Courts Service · 2006-12-19 · courts

High Court dismisses negligence claim over vasectomy counselling

high court dismisses negligence claim over vasectomy counselling the found plaintiff had not established that doctor failed to warn him about residual pain. it also on causation. [2006] iehc 440 dismissed john winston’s against dr niall o’leary, finding winston give adequate information before perfo

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Courts Service · 2006-12-19 · courts

Court refuses appeal certificate in rape and sexual assault case

court refuses appeal certificate in rape and sexual assault case the of criminal declined to certify a proposed about when juries should receive warning alleged lies, while confirming that such warnings form part irish law appropriate cases. has refused robert doyle’s application for would allow him

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Courts Service · 2006-12-18 · courts

High Court sets aside renewal of negligence summons against solicitors

high court sets aside renewal of negligence summons against solicitors the found no good reason to renew summons, which alleged and breach duty by plaintiffs’ former solicitors. [2006] iehc 406 set an order renewing a plenary brought gerald kellegher anne kelleher their solicitors, finding that had

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Courts Service · 2006-12-18 · courts

High Court rules MIBI may pursue repayment claim by summary summons

high court rules mibi may pursue repayment claim by summary summons the ruling concerned procedure available for bureau’s €127,170.07 against an uninsured driver. it did not decide whether he owed that sum. [2006] iehc 405 has declared motor insurers’ bureau of ireland (mibi) a money paid following

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Courts Service · 2006-12-15 · courts

High Court dismisses abuse-related negligence claim against Divine Word Missionaries

high court dismisses abuse-related negligence claim against divine word missionaries the found fourth defendant disclosed no reasonable cause of action and was statute barred. it said would not have imposed a permanent stay for delay if those grounds had applied. [2006] iehc 399 dismissed in proceed

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Courts Service · 2006-12-15 · courts

High Court refuses challenge to landfill licence near Usk

high court refuses challenge to landfill licence near usk the rejected a residents’ association’s epa’s approval of landfill, finding evidence that agency considered environmental safeguards as package. [2006] iehc 435 has refused judicial review by and district residents association limited waste f

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Courts Service · 2006-12-15 · courts

High Court overturns decision allowing SunSmile trade mark to proceed

high court overturns decision allowing sunsmile trade mark to proceed the allowed unilever’s appeal against controller’s dismissal of its opposition, finding a risk confusion for goods covered by sunrider’s application. [2006] iehc 427 unilever plc’s permitting sunrider corporation’s “sunsmile” appl

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Courts Service · 2006-12-14 · courts

High Court refuses surrender to Lithuania over combined sentence

high court refuses surrender to lithuania over combined sentence the said it could not separate between two offences, one of which had no corresponding offence in irish law. [2006] iehc 456 refused an application nerijus kondratevas lithuania, where he was serve remaining part a prison sentence. hel

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Courts Service · 2006-12-14 · courts

High Court rejects challenge to tribunal hearing on £30,000 payment

high court rejects challenge to tribunal hearing on £30,000 payment the found that tribunal’s april 2005 written list recorded its decision send fitzwilton matter a public hearing, as required by terms of reference. [2006] iehc 397 has refused judicial review limited, goulding limited and rennicks s

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Courts Service · 2006-12-14 · courts

High Court refuses challenge to two permissions for seven Shrewsbury Road apartments

high court refuses challenge to two permissions for seven shrewsbury road apartments the rejected applicants’ grounds quashing an bord pleanála’s decisions, finding its reasons adequate and no prejudice from alleged technical defects. [2006] iehc 400 has refused judicial review applications challeng

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Courts Service · 2006-12-13 · courts

High Court orders release over defect in Jersey extradition request

high court orders release over defect in jersey extradition request the rejected three objections to application but found had not been communicated as required by law. it ordered respondent’s on that ground. [2006] iehc 414 of a respondent sought for jersey, finding manner act 1965. respondent, ide

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Courts Service · 2006-12-12 · courts

High Court refuses Deerland leave to challenge Mullingar retail permission

high court refuses deerland leave to challenge mullingar retail permission the ruled that construction had not shown good and sufficient reason for failing make submissions on planning application before seeking judicial review. [2006] iehc 420 court, dublin refused limited seek review of westmeath

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Courts Service · 2006-12-08 · courts

High Court refuses environmental group leave to challenge Curragh Racecourse plans

high court refuses environmental group leave to challenge curragh racecourse plans the found friends of environment had not shown substantial interest required bring its judicial review challenge. it also ruled that group’s “project splitting” ground was substantial. [2006] iehc 390 refused limited

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Courts Service · 2006-12-07 · courts

High Court refuses Jehovah’s Witnesses society role in blood transfusion case for now

high court refuses jehovah’s witnesses society role in blood transfusion case for now the declined to join watch tower bible and tract as a party or amicus curiae at this stage, but gave it liberty renew its application if circumstances change. [2006] iehc 392 has refused, now, of ireland proceeding

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Courts Service · 2006-12-07 · courts

High Court refuses bid to quash inspectors’ findings on Ansbacher trusts

high court refuses bid to quash inspectors’ findings on ansbacher trusts the rejected a property developer’s judicial review challenge, finding inspectors could draw adverse inferences from evidence they accepted as truthful and that challenge did not meet threshold for irrationality. [2006] iehc 41

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Courts Service · 2006-12-07 · courts

High Court raises compensation for Lusk garden plot to €192,000

high court raises compensation for lusk garden plot to €192,000 the allowed an appeal against registrar of titles’ assessment, using a 2004 hearing date value disputed land. it also awarded circuit costs, subject taxation, and said would hear further argument on costs final order. [2006] iehc 462 in

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Courts Service · 2006-12-06 · courts

High Court refuses Glenkerrin Homes’ bid for immediate compliance letters

high court refuses glenkerrin homes’ bid for immediate compliance letters the interlocutory application sought confirming payment of planning contributions. found issues trial but said mandatory order would effectively decide case. [2006] iehc 413 court, dublin refused an injunction requiring dún la

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Courts Service · 2006-12-06 · courts

Bus driver’s pursuit contributed to passenger’s knee injury, High Court finds

bus driver’s pursuit contributed to passenger’s knee injury, high court finds the found éireann liable for half injury after concluding driver needlessly pursued him at drogheda depot. it awarded €30,000, plus any agreed special damages. [2006] iehc 429 éireann’s negligent pursuing a passenger into

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Courts Service · 2006-12-06 · courts

High Court orders Shell to resume remediation of contaminated Meath council site

high court orders shell to resume remediation of contaminated meath council site the rejected shell’s claim that agreed cleanup levels could not be achieved and ordered immediate steps under a 2003 agreement. [2006] iehc 391 has irish limited take remediate county in trim, after finding company had

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Courts Service · 2006-12-05 · courts

High Court dismisses boy’s claim over open fire hydrant

high court dismisses boy’s claim over open fire hydrant the judge found council was not negligent after a child fell into whose lid had been removed by an unknown person. [2006] iehc 436 dismissed negligence against dundalk town he uncovered while playing on grassy area in cooley park, dundalk. that

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Courts Service · 2006-12-05 · courts

High Court finds hospital liable after biopsy mix-up led to unnecessary gastrectomy

high court finds hospital liable after biopsy mix-up led to unnecessary gastrectomy the found error occurred in st. vincent’s hospital’s pathology department and entered judgment against five defendants for agreed damages of €450,000. it no negligence by surgeon who performed gastrectomy. [2006] ieh

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Courts Service · 2006-12-05 · courts

High Court bars use of Shell’s accidentally disclosed legal docket in Corrib pipeline case

high court bars use of shell’s accidentally disclosed legal docket in corrib pipeline case the ruled that a solicitor’s attendance remained privileged after it was mistakenly included with other documents. restrained second and fifth defendants from using proceedings. [2006] iehc 409 court, dublin a

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Courts Service · 2006-12-05 · courts

Court refuses leave to appeal murder and robbery convictions

court refuses leave to appeal murder and robbery convictions the of criminal rejected both men’s applications set aside their convictions, finding no basis disturb jury verdicts or conclude that trial was unfair. has refused jonathon tuohy darren wallace for noel carmody. in a judgment delivered on

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