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Courts Service · 2007-01-31 · courts

High Court continues stay on planning appeal pending Supreme Court challenge, until 30 June

high court continues stay on planning appeal pending supreme challenge, until 30 june mr justice clarke held that the had jurisdiction to preserve position while an was pursued over refusal of leave for judicial review. would expire unless extended it. [2007] iehc 31 continued order preventing bord

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Courts Service · 2007-01-31 · courts

High Court refuses Limerick FC bid to play in 2007 league season

high court refuses limerick fc bid to play in 2007 league season mr justice clarke declined an interlocutory injunction after finding the club had not shown grounds for temporary relief; fai could proceed under its licensing decisions. [2007] iehc 67 court, dublin has refused jrm sports limited, tra

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Courts Service · 2007-01-31 · courts

Supreme Court dismisses appeal to halt trial over alleged historic indecent assaults

supreme court dismisses appeal to halt trial over alleged historic indecent assaults the held that accused had not shown a real risk of an unfair because delay. it upheld high court’s refusal prohibit trial; did decide criminal charges. has dismissed by c. k. seeking his on charges assault have occu

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Courts Service · 2007-01-31 · courts

High Court rules MIBI must satisfy €54,160 judgment after uninsured driver collision

high court rules mibi must satisfy €54,160 judgment after uninsured driver collision the found plaintiff’s pregnancy-related anxiety was a relevant circumstance when she let her partner drive car to hospital. [2007] iehc 32 has ruled that motor insurers bureau of ireland (mibi) €54,160.57 against jo

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Courts Service · 2007-01-31 · courts

High Court sets aside refugee appeal decision over procedural errors

high court sets aside refugee appeal decision over procedural errors the found that tribunal relied on factual mistakes and unfair procedures when assessing credibility, ordered to be reheard by a different member. [2007] iehc 17 has set appeals rejecting mahan philippe keagnene’s appeal, finding pa

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Courts Service · 2007-01-30 · courts

Supreme Court halts prosecution after finding exceptional risk of blackmail

supreme court halts prosecution after finding exceptional risk of blackmail the allowed an appeal by anonymised appellant charged with three historic sexual offences, ruling that complainant’s repeated demands for money made a trial unjust. it did not decide whether could receive fair trial. has res

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Courts Service · 2007-01-30 · courts

High Court orders surrender in renewed European arrest warrant case

high court orders surrender in renewed european arrest warrant case the found respondent’s identity established and rejected arguments about correspondence, abuse of process delay before ordering to face trial london. [2007] iehc 47 has ordered c. mcg. united kingdom under a so that he can london on

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Courts Service · 2007-01-29 · courts

Supreme Court overturns stay on prosecution of 114 abuse charges

supreme court overturns stay on prosecution of 114 abuse charges the allowed director public prosecutions’ appeal, finding deceased nurse’s absence did not establish a real or serious risk an unfair trial evidence then before it. 151 & 163/05 has appeal against high order that barred further p.h. al

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Courts Service · 2007-01-26 · courts

High Court rules deferred bonus condition was ineffective in stockbroker’s pay dispute

high court rules deferred bonus condition was ineffective in stockbroker’s pay dispute the found that a retention imposed on an employee without his agreement operated as restraint trade. judgment says plaintiff succeeded, but supplied text contains no separate order or award of damages. [2007] iehc

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Courts Service · 2007-01-26 · courts

High Court awards Dublin man €42,075 over defective pavement fall

high court awards dublin man €42,075 over defective pavement fall the found ntl responsible for inadequate reinstatement of a excavation, while reducing damages by 30% plaintiff’s contributory negligence. [2007] iehc 41 awarded martin mccluskey in after finding that communications (ireland) limited

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Courts Service · 2007-01-25 · courts

Supreme Court rejects appeal to stop trial on P.K. complaints

supreme court rejects appeal to stop trial on p.k. complaints the found no delay-related basis prohibit trial, left questions of fitness and upheld existing prohibition charges involving c.k. m.w. s.c. no. 261 2004; 295 2004 court; high central criminal are also referenced has dismissed d.t.’s seeki

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Courts Service · 2007-01-25 · courts

High Court limits pension appeal to Ombudsman record, refuses actuarial report

high court limits pension appeal to ombudsman record, refuses actuarial report mr justice kelly ruled that william james murray could pursue his statutory against the pensions ombudsman’s decision, but not add substantive claims or new expert evidence. [2007] iehc 27 has a dispute brought by must pr

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Courts Service · 2007-01-25 · courts

High Court rejects bid for private legal consultation at Circuit Court

high court rejects bid for private legal consultation at circuit a man facing armed robbery charges argued that being kept handcuffed to prison officer during building compromised his fair trial rights. the refused an order requiring consultations there. 2007 iehc 39 has application by frank ward au

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Courts Service · 2007-01-24 · courts

Auctioneer liable for misstated floor area in Dublin property sale

auctioneer liable for misstated floor area in dublin property sale the high court found that jones lang lasalle owed a duty of care to buyer who relied on its sales brochure and awarded him €350,000 damages. [2007] iehc 28 david walsh damages after finding limited negligently overstated commercial b

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Courts Service · 2007-01-23 · courts

High Court rejects road bowler’s challenge to two-year suspension

high court rejects road bowler’s challenge to two-year suspension the found association’s disciplinary process fair in circumstances, declined declaration sought and lifted an earlier order restraining county final. [2007] iehc 5 court, dublin has rejected kieran gould’s a from bowling, finding that

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Courts Service · 2007-01-23 · courts

High Court grants leave to challenge dismissal of Nigerian asylum appeal

high court grants leave to challenge dismissal of nigerian asylum appeal the found arguable grounds concerning refugee appeals tribunal’s credibility assessment, use country information and treatment internal relocation. it did not decide substantive judicial review. [2007] iehc 72 granted u. i. see

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Courts Service · 2007-01-23 · courts

Supreme Court dismisses appeal to stop prosecution of former teacher

supreme court dismisses appeal to stop prosecution of former teacher the found no basis halt trial over alleged 1970s assaults, while leaving sentence considerations for a later stage if there is conviction. m. v. dpp; no. 38/2004 dismissed an by m.m. against high court’s refusal his indecent assaul

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Courts Service · 2007-01-23 · courts

Three respondents face suspended six-month committal over uncompleted waste-remediation order

three respondents face suspended six-month committal over uncompleted waste-remediation order the high court found that laois county council’s remedial works had not been complied with and ordered respondents’ committal, for 12 months on condition work is completed. it made no against fifth responde

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Courts Service · 2007-01-23 · courts

High Court refuses to disqualify accountant despite findings over Kentford audits

high court refuses to disqualify accountant despite findings over kentford audits the found that patrick mccann failed in his duties as securities’ auditor and was involved improper documentation practices, but concluded past conduct did not show a current risk public. [2007] iehc 1 refused an appli

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Courts Service · 2007-01-23 · courts

High Court finds arguable grounds to challenge asylum appeal decision over Iran risk assessment

high court finds arguable grounds to challenge asylum appeal decision over iran risk assessment the granted leave seek judicial review on concerning how refugee appeals tribunal treated country information and evidence of clerical police action in iran. it rejected two other at stage. [2007] iehc 56

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Courts Service · 2007-01-22 · courts

High Court refuses judicial review over District Court conviction

high court refuses judicial review over district conviction mr justice peter charleton held that the judge’s brief explanation made clear why she accepted prosecution’s case, and said an appeal could address any defect in ruling. [2007] iehc 487 refused john lyndon’s application for of a ruling conv

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Courts Service · 2007-01-22 · courts

High Court rejects Dohertys’ bid for heated caravan at Lynch’s Lane

high court rejects dohertys’ bid for heated caravan at lynch’s lane the found south dublin county council had not breached its housing or human rights duties, ruling that reasonable apartment offers ended couple’s homelessness while permanent traveller accommodation was planned. [2007] iehc 4 has re

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Courts Service · 2007-01-19 · courts

High Court dismisses Bray footpath injury claim over uncertainty about where woman fell

high court dismisses bray footpath injury claim over uncertainty about where woman fell the accepted that margaret mc fadden suffered a serious leg fracture in fall on killarney road, but found she could not reliably identify or what caused it. 2007 iehc 6 has dismissed fadden’s personal against urb

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Courts Service · 2007-01-19 · courts

High Court says Clare County Council can prosecute over later alleged planning breach

high court says clare county council can prosecute over later alleged planning breach the advised that an earlier acquittal did not bar a prosecution concerning different date and enforcement notice. it decide whether occurred. [2007] iehc 48 has may derek floyd failure to comply with notice on 25 m

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Courts Service · 2007-01-19 · courts

High Court finds children were wrongfully removed from South Africa

high court finds children were wrongfully removed from south africa the held that custody rights remained with african when mother brought three to ireland. it ruled they should be returned, details of protective undertakings still heard. [2007] iehc 217 court, dublin has ireland in september 2006 a

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Courts Service · 2007-01-19 · courts

High Court dismisses claim over insurer copying letters to represented claimant

high court dismisses claim over insurer copying letters to represented claimant the found that axa’s of a small number routine stephen domican did not materially interfere with his relationship solicitors, while leaving open different conduct could be unlawful. [2007] iehc 14 dismissed domican’s aga

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Courts Service · 2007-01-18 · courts

High Court refuses challenge to refusal of Congolese man’s asylum appeal

high court refuses challenge to refusal of congolese man’s asylum appeal the found no legal flaw in refugee appeals tribunal’s assessment country information or credibility. [2007] iehc 2 has refused a application for judicial review tribunal decision that upheld his claim. judgment delivered on 18

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Courts Service · 2007-01-17 · courts

High Court prohibits trial after lorry was unavailable for defence inspection

high court prohibits trial after lorry was unavailable for defence inspection the found loss of a reasonable opportunity to examine truck created risk unfairness, and said applicant’s prosecution must be restrained. [2007] iehc 64 has prohibited driver charged serious road collision in campile, co w

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Courts Service · 2007-01-17 · courts

State liable after Garda leak drove Gray family from Ballybunion home

state liable after garda leak drove gray family from ballybunion home the high court found that disclosure of confidential information to a newspaper breached family’s duty care and privacy rights. it awarded three plaintiffs €70,000 in total, but rejected their assault claim. [2007] iehc 52 has ala

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Courts Service · 2007-01-16 · courts

High Court orders surrender of J.R. under European arrest warrant

high court orders surrender of j.r. under european arrest warrant the rejected arguments that a trial in england held respondent’s absence breached his fair rights, and ordered section 16(1) 2003 act. [2007] iehc 25 has to united kingdom warrant, rejecting conviction absentia followed constitutional

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Courts Service · 2007-01-16 · courts

High Court strikes out most claims in Titanic Bar dispute, allowing three claims to continue

high court strikes out most claims in titanic bar dispute, allowing three to continue the dismissed against several defendants at pleadings stage, while permitting limited concerning a property deed, alleged agreements and professional negligence proceed. [2007] iehc 8 has struck brought by vincent

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Courts Service · 2007-01-12 · courts

High Court allows education funding discovery to be reconsidered later in trial

high court allows education funding discovery to be reconsidered later in trial justice smyth allowed an appeal concerning requests for records about funding, but did not order discovery. he said the judge could consider it if constitutional issue made resources evidence necessary. [2007] iehc 36 co

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Courts Service · 2007-01-12 · courts

High Court refuses leave to challenge refusal to revoke Nigerian applicants’ deportation orders

high court refuses leave to challenge refusal revoke nigerian applicants’ deportation orders the found applicants had not shown arguable grounds for judicial review and refused an interlocutory injunction. original remained unchallenged. [2007] iehc 19 two seek of minister justice’s their orders, in

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Courts Service · 2007-01-12 · courts

High Court orders release in Hungarian surrender case over meaning of “fled”

high court orders release in hungarian surrender case over meaning of “fled” the held that a man who left hungary before his trial under procedure permitted by law did not meet statutory condition for provision relied on. [2007] iehc 15 directed ciaran tobin after ruling he fall within category peop

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Courts Service · 2007-01-11 · courts

High Court declines pre-trial challenge to corruption-law presumption

high court declines pre-trial challenge to corruption-law presumption the held that was premature because had not been invoked and its application depended on evidence rulings at trial. [2007] iehc 3 declined john kennedy’s for judicial review challenging a statutory in corruption cases, finding iss

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