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Courts Service · 2007-03-30 · courts

Supreme Court finds reasonable apprehension of prejudgment by planning tribunal members

supreme court finds reasonable apprehension of prejudgment by planning tribunal members the allowed an appeal over tribunal’s handling material relevant to allegations against applicants, finding that existing should not continue hear those allegations. [2007] iesc 17 has owen o’callaghan, john dean

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Courts Service · 2007-03-30 · courts

High Court rejects challenge to Examiner’s handling of court ordered land sale

high court rejects challenge to examiner’s handling of ordered land sale the held that assistant examiner could settle conditions and applicants’ complaints about counsel reasons did not justify judicial review. [2007] iehc 112 refused a review application challenging decisions made by an in proceed

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Courts Service · 2007-03-30 · courts

High Court bars four charges after key defence witness died; two charges can proceed

high court bars four charges after key defence witness died; two can proceed the found that death of applicant’s partner caused irremediable prejudice on tied to a dublin house. it declined prohibit concerning separate apartment location. [2007] iehc 115 has prohibited prosecution indecent assault a

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Courts Service · 2007-03-30 · courts

Supreme Court dismisses appeal over planning tribunal fairness and bias claims

supreme court dismisses appeal over planning tribunal fairness and bias claims the upheld high court’s refusal to stop quarryvale inquiry from investigating matters affecting four appellants, while stressing that had made no findings against them. dismissed an by owen o’callaghan, john deane two com

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Courts Service · 2007-03-30 · courts

High Court dismisses maternity hospital’s appeal over post-mortem inquiry records

high court dismisses maternity hospital’s appeal over post-mortem inquiry records the upheld information commissioner’s decision to release some in full or part, while maintaining exemptions for others. it also found company named as notice party had no standing bring appeal. [2007] iehc 113 dismiss

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Courts Service · 2007-03-30 · courts

High Court bars 15 monastery charges but allows two others to proceed

high court bars 15 monastery charges but allows two others to proceed the found a real risk of an unfair trial on tied demolished monastery, declined prohibit proceedings over alleged incidents in county c. and at redacted dublin address. [2007] iehc 116 prohibited j.a. indecent assault concerning c

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Courts Service · 2007-03-30 · courts

GAA club granted leave to challenge Tallaght stadium decision

gaa club granted leave to challenge tallaght stadium decision the high court found had a substantial interest and raised ground about council’s power reverse its earlier modification. apply for judicial review; it did not decide whether challenged was unlawful. [2007] iehc 118 has been by seek revie

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Courts Service · 2007-03-30 · courts

High Court dismisses appeal over access to industrial school records

high court dismisses appeal over access to industrial school records the upheld information commissioner’s conclusion that department of education and science was not required obtain held by religious orders under freedom act. [2007] iehc 152 has dismissed an john o’grady concerning his childhood de

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Courts Service · 2007-03-29 · courts

Supreme Court rejects tribunal bid to restrain future media coverage

supreme court rejects tribunal bid to restrain future media coverage the dismissed an appeal seeking a broad injunction over documents circulated ahead of public hearings, finding no established legal power impose claimed confidentiality and workable form order. has by members planning prevent sunda

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Courts Service · 2007-03-29 · courts

Court refuses certificate for further appeal in explosives case

court refuses certificate for further appeal in explosives case the of criminal rejected an application to certify two proposed questions supreme after previously refusing leave against joseph fee’s convictions. has refused by fee a that would have allowed him on legal arising from his convictions o

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Courts Service · 2007-03-29 · courts

Supreme Court says minister could not amend animal remedies rules by regulation

supreme court says minister could not amend animal remedies rules by regulation the allowed an appeal on a legal issue, holding that regulations with statutory effect made under act 1993 be amended later act. has held for agriculture, food and rural development had no power to when those effect. jud

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Courts Service · 2007-03-29 · courts

Supreme Court allows appeal in extradition case

supreme court allows appeal in extradition case the rejected a man’s application to avoid return uk for sentencing, finding that long lapse of time and his custody here did not make unjust circumstances. allowed an by assistant commissioner patrick o’toole against high order refusing william o’keeff

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Courts Service · 2007-03-29 · courts

Supreme Court awards diver five years of disability payments after Dubai accident

supreme court awards diver five years of disability payments after dubai accident the held that an employer’s post-accident undertaking required until maximum recovery from occupational injury, despite a later unrelated illness. ruled denis collins was entitled to for 1996 aboard pacific constructor

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Courts Service · 2007-03-29 · courts

Supreme Court dismisses extradition appeal over remand-time uncertainty

supreme court dismisses extradition appeal over remand-time uncertainty the upheld high court’s release order, concluding that to england for sentencing could be oppressive or futile after nearly five months in irish remand custody. dismissed an against order releasing william o’keeffe from proceedi

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Courts Service · 2007-03-29 · courts

Court refuses Mathews applications for Supreme Court appeal certificate and further ruling

court refuses mathews applications for supreme appeal certificate and further ruling the of criminal refused a application separate request judgment on an argument said to have been left unresolved in earlier leave decision. eamon mathews’s allowing he had not addressed judgment, delivered by macken

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Courts Service · 2007-03-29 · courts

Supreme Court grants injunction over confidential Tribunal hearing briefs

supreme court grants injunction over confidential tribunal hearing briefs the allowed an appeal by planning and restrained a newspaper from publishing material circulated to people due appear before it, pending public or tribunal’s permission. court; high members of inquiry into certain matters paym

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Courts Service · 2007-03-28 · courts

Supreme Court allows appeal against dismissal of constitutional challenge

supreme court allows appeal against dismissal of constitutional challenge the held that a late abuse-of-process motion did not justify dismissing to law under which 31 indecent-assault charges had been brought. allowed stephen mitchell’s high order his as an abuse process. set aside dismissal; it de

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Courts Service · 2007-03-28 · courts

Supreme Court dismisses DPP appeal over delay in priest’s sexual offence case

supreme court dismisses dpp appeal over delay in priest’s sexual offence case the upheld an order prohibiting trial, finding blameworthy prosecutorial after crucial medical and social-work records were disclosed late. has dismissed director of public prosecutions’ against trial a franciscan priest a

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Courts Service · 2007-03-28 · courts

High Court rules on fingerprint evidence in burglary case stated

high court rules on fingerprint evidence in burglary case stated justice charleton answered seven questions about arrest grounds, consent and exclusion, while leaving the district to assess whether was voluntary admissible. [2007] iehc 108 ruled that gardaí did not have prove every item underlying a

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Courts Service · 2007-03-28 · courts

Supreme Court allows DPP appeal in priest’s delayed prosecution case

supreme court allows dpp appeal in priest’s delayed prosecution case the set aside a high order stopping prosecution, finding no of blameworthy prosecutorial delay and evidence exceptional pre-trial anxiety. has allowed an by director public prosecutions that had stopped anonymised priest facing thr

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Courts Service · 2007-03-28 · courts

High Court awards €750,000 to son in inheritance claim and €50,000 to his wife

high court awards €750,000 to son in inheritance claim and €50,000 his wife the found father had failed moral duty provide properly for son, while rejecting couple’s ownership of part farm. [2007] iehc 120 ordered that be paid a from late father’s estate after finding make proper provision him. sepa

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Courts Service · 2007-03-27 · courts

Supreme Court upholds ruling that Lusitania licence application was wrongly rejected

supreme court upholds ruling that lusitania licence application was wrongly rejected the dismissed minister’s appeal, holding had to be considered on its merits. it did not decide whether proposed works should receive a licence. has appeal against high declaration rejection of f. gregg bemis’s 2001

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Courts Service · 2007-03-27 · courts

High Court orders woman’s surrender to Lithuania over 22 charges

high court orders woman’s surrender to lithuania over 22 charges the rejected her objection that prison conditions created a real risk of inhuman or degrading treatment, citing evidence reforms and finding about likely detention facilities too general. [2007] iehc 341 ordered woman lithuania, where

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Courts Service · 2007-03-27 · courts

Supreme Court dismisses appeal over invalidated wreck-licence application

supreme court dismisses appeal over invalidated wreck-licence application the upheld high order, finding minister’s stated reasons for deeming an invalid were legally flawed. it did not rule on respondent’s property-rights issue. dismissed by minister arts, heritage, gaeltacht and islands, ireland a

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Courts Service · 2007-03-23 · courts

High Court keeps roadworks stay in place during Donegal judicial review

high court keeps roadworks stay in place during donegal judicial review the refused security for costs and a damages undertaking, left on road realignment pending further submissions preliminary works. 2007 iehc 110 has kept works to realign public bunbeg while kathleen coll’s of county council’s de

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Courts Service · 2007-03-23 · courts

High Court refuses leave in child’s challenge to refugee refusal

high court refuses leave in child’s challenge to refugee refusal the found an evidential basis for commissioner’s credibility and persecution findings, refused seek judicial review. [2007] iehc 198 review of a decision not recognise child as refugee, finding assessment application. judgment, deliver

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Courts Service · 2007-03-22 · courts

High Court ties hotel operator’s continued occupation to rent, insurance and rates payments

high court ties hotel operator’s continued occupation to rent, insurance and rates payments the found breaches of expired lease but did not immediately end temporary right occupy sachs while its new-tenancy claim remained pending. [2007] iehc 80 court, commercial ordered that genport limited’s in du

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Courts Service · 2007-03-22 · courts

High Court upholds Labour Court findings on fixed-term employee’s pension, career break and job application

high court upholds labour findings on fixed-term employee’s pension, career break and job application the found no error of law in key for a state laboratory technician, but excluded tenure from its ruling adjourned case over possible eu referral. [2007] iehc 98 that had not erred treating technicia

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Courts Service · 2007-03-21 · courts

Court grants Dominic Dwyer bail pending Supreme Court appeal

court grants dominic dwyer bail pending supreme appeal the of criminal granted after certifying a point law for appeal, with terms to be addressed separately. his court, that case involved exceptional public importance. left by counsel. in judgment delivered on 21 march 2007, set out principles wher

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Courts Service · 2007-03-21 · courts

Supreme Court orders €4.62m damages for man framed by gardaí

supreme court orders €4.62m damages for man framed by gardaí the increased awarded to francis shortt after finding that had him drug offences and authorities’ conduct aggravated harm. [2007] iesc 9 of ireland ordered state defendants pay €4,623,871 in subsequent authorities compounded a judgment del

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Courts Service · 2007-03-21 · courts

Supreme Court raises damages to €4.62m for Frank Shortt after wrongful conviction

supreme court raises damages to €4.62m for frank shortt after wrongful conviction the allowed shortt’s appeal on damages, awarding €2.25m in compensatory including aggravated and €1m exemplary damages. it left high court’s special-damages awards intact. has increased payable by state €4,623,871, all

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Courts Service · 2007-03-21 · courts

High Court refuses challenge to garda medical retirement order

high court refuses challenge to garda medical retirement order the found no irrationality or denial of a reasonable opportunity submit evidence, and refused judicial review relief sought. [2007] iehc 111 has sinéad sheridan’s application for retiring her from an síochána on grounds. mr justice brian

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Courts Service · 2007-03-21 · courts

High Court rejects challenge to public hearing of Garda officer’s medical evidence

high court rejects challenge to public hearing of garda officer’s medical evidence the said a tribunal investigating complaints about some donegal division gardaí acted within its powers when it declined hear in closed session. [2007] iehc 107 refused john white’s application for judicial review dec

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Courts Service · 2007-03-21 · courts

Court of Criminal Appeal certifies sentencing question for Supreme Court appeal

court of criminal appeal certifies sentencing question for supreme the certified a point law about whether may consider earlier sentences later-committed offences. source records no decision. c.c.a. no: 101cja/06 has to concerning imposed on dominic dwyer. in ruling delivered by denham j. 21 march 2

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Courts Service · 2007-03-20 · courts

High Court rules landlord could not pursue rent review while seeking lease forfeiture

high court rules landlord could not pursue rent review while seeking lease forfeiture the declared an arbitrator’s appointment null and void after finding rely on lease’s procedure to enforce forfeiture. a fresh may be pursued if tenant is granted relief against [2007] iehc 140 ruling that of commer

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Courts Service · 2007-03-20 · courts

High Court caps Boyle quarry at 16 loads a day

high court caps boyle quarry at 16 loads a day the restrained quarries from exceeding 80,000 tonnes year or day, but refused to order restoration of site. [2007] iehc 91 has limited carrying out quarrying letfordspark and other named townlands in county roscommon above year, two an hour. it thomas l

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Courts Service · 2007-03-20 · courts

Former National Irish Bank executive disqualified for nine years over compliance failures

former national irish bank executive disqualified for nine years over compliance failures the high court found barry seymour unfit to manage a company after serious banking and tax continued during his time as director. it set 12-year period before mitigation, then reduced order by three years. [200

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Courts Service · 2007-03-16 · courts

High Court dismisses Mary Ward’s delayed abuse action against health board and congregation

high court dismisses mary ward’s delayed abuse action against health board and congregation the found defendants could not fairly defend allegations relating to events more than 30 years earlier because witnesses records were unavailable. [2007] iehc 117 has dismissed north eastern religious named a

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Courts Service · 2007-03-16 · courts

High Court dismisses claims against health board and religious congregation over delay

high court dismisses claims against health board and religious congregation over delay the found that passage of time loss evidence made a fair trial impossible. it did not decide whether plaintiff’s claim was statute barred. [2007] iehc 119 dismissed elizabeth donegan’s proceedings north eastern co

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Courts Service · 2007-03-16 · courts

High Court awards farmer €42,387 over tractor fire

high court awards farmer €42,387 over tractor fire the found an electrical fault in a newly supplied caused fire, but dismissed claim against leasing company. [2007] iehc 103 has awarded €42,387.34 after finding that new holland destroyed and two others. mr justice o’neill ruled equipment seller was

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Courts Service · 2007-03-16 · courts

High Court remits drug case to District Court after quashing convictions and sentences

high court remits drug case to district after quashing convictions and sentences the rejected frank walsh’s argument that could not return court, noting he had pleaded guilty no prejudice from a short delay was shown. [2007] iehc 96 quashed imposed on walsh in remitted for further consideration. mr

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Courts Service · 2007-03-16 · courts

High Court dismisses engineer’s claims and awards company counterclaim

high court dismisses engineer’s claims and awards company counterclaim the rejected five arising from a failed subcontracting relationship awarded defendant euro equivalent of ir£3,865 on its counterclaim. [2007] iehc 130 dismissed an against iaralco limited over subcontracted work counterclaim, in

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Courts Service · 2007-03-16 · courts

Court of Criminal Appeal refuses leave over exclusion of entire interview

court of criminal appeal refuses leave over exclusion entire interview the held that a trial judge was entitled to exclude whole after finding its process tainted, rather than admit selected portions. refused michael o’neill’s application for his rape conviction, holding an tainted. o’neill had been

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Courts Service · 2007-03-15 · courts

High Court grants divorce and orders €120,000 annual maintenance

high court grants divorce and orders €120,000 annual maintenance the also ordered staged lump-sum payments, transfer of husband’s pension a trust interest in shares second retail company, while inviting submissions on formal order. [2007] iehc 491 granted decree set out financial provision for woman

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Courts Service · 2007-03-15 · courts

High Court rejects challenge over doctor’s arrival at Garda station

high court rejects challenge over doctor’s arrival at garda station the found sufficient evidence that gardaí acted without culpable delay before a doctor arrived to take sample. judgment addresses circuit conviction but does not state separate formal order. [2007] iehc 83 rejected david o’neill’s h

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Courts Service · 2007-03-14 · courts

High Court refuses to strike out house-building dispute and restrains smaller build pending trial

high court refuses to strike out house-building dispute and restrains smaller build pending trial the dismissed developers’ strike-out application granted an interlocutory injunction limiting construction at hollystown site larger house permitted in 2006, subject plaintiffs’ undertaking as damages.

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Courts Service · 2007-03-14 · courts

High Court quashes landfill permission and remits planning appeal to An Bord Pleanála

high court quashes landfill permission and remits planning appeal to an bord pleanála the quashed board’s 2006 after it could not establish that attached conditions had been approved lawfully. sent matter back for reconsideration recommended reopening oral hearing. [2007] iehc 86 has pleanála’s a pr

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Courts Service · 2007-03-14 · courts

High Court says DPP can prosecute without a formal complaint

high court says dpp can prosecute without a formal complaint in case stated arising from two summary charges mayo, the advised that by accused could supply evidence for prosecution, and no against an is required. [2007] iehc 92 has person may be prosecuted summarily even where investigation began wi

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Courts Service · 2007-03-13 · courts

High Court dismisses factory damage claim after finding cause of ground heave unproven

high court dismisses factory damage claim after finding cause of ground heave unproven the found neither that sulphuric acid caused nor an alternative water-pressure explanation was established on balance probabilities. [2007] iehc 95 dismissed údarás na gaeltachta’s against uisce glan teoranta over

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Courts Service · 2007-03-13 · courts

High Court restrains further steps in Florence Healy summary-charge proceedings

high court restrains further steps in florence healy summary-charge proceedings the found that time elapsed since events created a real and substantial risk of injustice if charges were tried summarily, granted relief sought judicial review. [2007] iehc 87 has restrained director public prosecutions

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Courts Service · 2007-03-13 · courts

High Court upholds tribunal decision in Marconi rates case

high court upholds tribunal decision in marconi rates case the answered three questions of law affirmative, agreeing that was not rateable occupation offices and they should be valued as a complete unit. [2007] iehc 114 upheld valuation determination communications optical networks limited liable fo

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Courts Service · 2007-03-13 · courts

High Court barred further steps in prosecution against Peter Flaherty

high court barred further steps in prosecution against peter flaherty the granted judicial review relief after finding that almost four years had passed since alleged offences. its order covered on specified summonses. [2007] iehc 88 has restrained director of public prosecutions from taking a flahe

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Courts Service · 2007-03-09 · courts

High Court upholds EPA licence conditions for Longford pig farm

high court upholds epa licence conditions for longford pig farm the held that slurry from industrial was waste and governing its supply spreading on other farms were lawful. [2007] iehc 58 has upheld environmental protection agency’s an intensive near edgeworthstown, finding farm’s agency could regu

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Courts Service · 2007-03-09 · courts

High Court upholds tax appeal decision on fire-resistant door innovation

high court upholds tax appeal decision on fire-resistant door innovation the ruled that an invention’s combined product could qualify as involving radical innovation, and answered commissioner’s question of law in affirmative. [2007] iehc 66 upheld determination a fire-resistant, hygienic set develo

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Courts Service · 2007-03-09 · courts

High Court rejects Tara Mines bid to exclude disabled workers from pension benefit

high court rejects tara mines bid to exclude disabled workers from pension benefit the ruled that a 1999 amendment applied members receiving income continuance benefits, and dismissed company’s claims change or undo it. [2007] iehc 60 court, commercial has boliden limited’s over plan amendment, leav

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Courts Service · 2007-03-09 · courts

High Court awards Garda €251,957.31 for injuries from two incidents

high court awards garda €251,957.31 for injuries from two incidents the accepted that caused desmond sheridan post-traumatic stress and awarded compensation past future loss, plus an agreed amount. [2006] iehc 106 a total of in personal injury, loss damage arising judge found syndrome or disorder. j

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Courts Service · 2007-03-07 · courts

High Court rejects bid to stay fertilizer cargo claim over arbitration clause

high court rejects bid to stay fertilizer cargo claim over arbitration clause the found charterparty was made after bill of lading and could not be incorporated into it. it upheld its jurisdiction arrest vessel set security at $950,000, while leaving form order for further submissions. [2007] iehc 1

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Courts Service · 2007-03-07 · courts

High Court dismisses challenge to bankruptcy discharge rule

high court dismisses challenge to bankruptcy discharge rule the dismissed a bankrupt man’s claim that 12-year conditions were unconstitutional or incompatible with european convention on human rights, finding he had not established standing rule. [2007] iehc 90 has for from after plaintiff contest r

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Courts Service · 2007-03-07 · courts

High Court restricts two directors for five years over company’s tax debts

high court restricts two directors for five years over company’s tax debts the found acted with gross irresponsibility by failing to address longstanding revenue liabilities and continuing trade about years. [2007] iehc 55 has restricted john joseph fleming maria from acting as company or secretarie

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Courts Service · 2007-03-06 · courts

High Court gives plaintiff one week to deliver claim after dismissal for delay

high court gives plaintiff one week to deliver claim after dismissal for delay the extended time an appeal and delivery of a statement claim, but did not decide underlying injury claim. it left costs further hearing. [2007] iehc 70 has given in personal action, extending order that had dismissed cas

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Courts Service · 2007-03-05 · courts

High Court rejects blanket time limit on activating suspended sentences

high court rejects blanket time limit on activating suspended sentences the found there was no hard and fast rule barring activation after a suspension period, but declined to send this case back for further hearing. [2007] iehc 50 has ruled that sentence may, in some circumstances, be activated its

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Courts Service · 2007-03-02 · courts

High Court upholds woman’s detention after Article 40 inquiry

high court upholds woman’s detention after article 40 inquiry the found a december 2006 renewal order and tribunal’s january affirmation lawful, while recommending changes to forms used in mental health reviews. [2007] iehc 73 has held that of an anonymised woman under made was 40.4 constitution. mr

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Courts Service · 2007-03-02 · courts

High Court finds refusal of fresh asylum application unfair after relative’s claim succeeded

high court finds refusal of fresh asylum application unfair after relative’s claim succeeded the held that minister should have allowed a further to proceed, while leaving decision itself relevant refugee bodies. [2007] iehc 180 acted unlawfully by refusing an anonymised applicant permission make hi

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Courts Service · 2007-03-02 · courts

High Court rejects bid to dismiss waste case against former Dean Waste director

high court rejects bid to dismiss waste case against former dean director the directed a preliminary hearing on whether management act permits fallback orders company directors, while requiring substantive proceedings continue in meantime. [2007] iehc 71 refused wicklow county council’s samuel steer

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Courts Service · 2007-03-02 · courts

High Court refuses challenge to refusal of further asylum application

high court refuses challenge to refusal of further asylum application the held that serious credibility concerns from applicant’s earlier appeal meant minister could refuse consent a based on fresh country information. [2007] iehc 176 has refused judicial review for justice’s application, holding in

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Courts Service · 2007-03-02 · courts

High Court quashes dismissal of tax prosecution over delay

high court quashes dismissal of tax prosecution over delay the found district had dismissed three charges without evidence establishing real prejudice or hearing prosecution’s witnesses. [2007] iehc 135 quashed a decision dismissing tax-related against paul o’brien because delay, finding that was ir

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