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Courts Service · 2007-05-28 · courts

High Court dismisses challenge to Indian applicant’s transfer to Belgium

high court dismisses challenge to indian applicant’s transfer belgium the upheld 2006 residency regulations and dismissed a judicial review challenging refusal of residence application an asylum claim belgium. [2007] iehc 216 brought by s.k. t.t., upholding s.k.’s for as spouse eu citizen decision h

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Courts Service · 2007-05-24 · courts

High Court refuses leave to challenge deportation orders in two asylum cases

high court refuses leave to challenge deportation orders in two asylum cases the found no substantial grounds for either parent’s judicial review application, including claims concerning childhood arrival and, one case, earlier detention. [2007] iehc 372 refused seek of made against nigerian applica

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Courts Service · 2007-05-24 · courts

High Court upholds VAT decision on pension trustees’ investment services

high court upholds vat decision on pension trustees’ investment services the answered a case stated from an appeal commissioner, holding that two trustees received management for purposes of business under law. 2007 iehc 179 has ruled cadbury ireland funds business, upholding relevant commissioner q

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Courts Service · 2007-05-24 · courts

Court increases driving ban to five years after fatal crash and failure to stop

court increases driving ban to five years after fatal crash and failure stop the of criminal appeal ruled that sentence for failing remain at scene was unduly lenient, while leaving separate careless-driving unchanged. dpp v shinnors increased bridie shinnors’s disqualification from two finding keep

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Courts Service · 2007-05-24 · courts

High Court orders surrender to Lithuania over three convictions

high court orders surrender to lithuania over three convictions the found correspondence for two offences but held that first did not directly correspond an irish offence. it nevertheless concluded was prohibited under european arrest warrant act. [2007] iehc 199 ordered of saulius ferenca serve a s

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Courts Service · 2007-05-24 · courts

Court dismisses Kenneth Cunningham’s murder appeal

court dismisses kenneth cunningham’s murder appeal the of criminal rejected certified ground and refused leave on eight others, leaving his conviction undisturbed. dismissed against to additional grounds. judgment, delivered by finnegan j. 24 may 2007, found no basis overturn trial judge’s decisions

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Courts Service · 2007-05-24 · courts

High Court orders removal of replacement mobile home at Sligo site

high court orders removal of replacement mobile home at sligo site the ruled that placing a new on gravel base in 2005 was unauthorised development, despite respondent’s argument had been used for since 1974. [2007] iehc 178 has ordered gavin martin to remove placed his kilkillogue, mullaghmore, aft

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Courts Service · 2007-05-24 · courts

Court refuses leave to appeal sexual assault conviction and six-year sentence

court refuses leave to appeal sexual assault conviction and six-year sentence the of criminal rejected seven grounds challenging trial, including arguments about late dna disclosure applicant’s treatment in garda custody. dpp v onumwere; no. 256/2005 refused chaene onumwere his for a prison sentence

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Courts Service · 2007-05-24 · courts

High Court rejects challenge to psychiatric detention after early renewal order

high court rejects challenge to psychiatric detention after early renewal order the held that a made before review of original admission took effect only 21-day period, provided had been affirmed. [2007] iehc 183 has rejected an application challenging lawfulness man’s at saint brendan’s hospital, r

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Courts Service · 2007-05-24 · courts

High Court rejects challenge to service in Criminal Assets Bureau case

high court rejects challenge to service in criminal assets bureau case the held that a statutory corrupt-enrichment claim falls outside brussels regulation’s rules for civil and commercial matters, leaving irish proceedings able continue. [2007] iehc 177 rejected defendant’s application set aside an

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Courts Service · 2007-05-23 · courts

High Court refuses to disqualify former National Irish Bank manager

high court refuses to disqualify former national irish bank manager the found that kevin curran should have pursued compliance problems more assiduously, but concluded he lacked authority stop bank’s improper practices and refused director’s application. [2007] iehc 181 an application from company m

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Courts Service · 2007-05-23 · courts

High Court declares mussel farmer entitled to €1.15m compensation from Minister

high court declares mussel farmer entitled to €1.15m compensation from minister the found that lett & company had a legitimate expectation of for losses linked 500-metre exclusion zone in wexford harbour. it made declaration against minister, while finding borough corporation no liability. [2007] ie

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Courts Service · 2007-05-23 · courts

High Court dismisses petition to wind up Permanent Formwork Systems

high court dismisses petition to wind up permanent formwork systems the said company’s creditors’ voluntary liquidation should proceed, citing interests of creditors in a cheaper and faster winding-up process. [2007] iehc 268 dismissed vincent callan’s have limited wound by order, allowing proceed.

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Courts Service · 2007-05-22 · courts

High Court finds South Dublin County Council breached three siblings’ Article 8 rights

high court finds south dublin county council breached three siblings’ article 8 rights the found family’s overcrowded accommodation was inadequate and potentially unsafe, but adjourned case to let parties consider judgment; it made no order at this stage. [2007] iehc 204 that of siblings with severe

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Courts Service · 2007-05-22 · courts

High Court says €28.44m was due for stamp duty on hospital land transfer

high court says €28.44m was due for stamp duty on hospital land transfer the ruled that a deferred payment secured by an undertaking and bank guarantee counted as consideration when calculating duty, even though not yet payable. [2007] iehc 182 €28.44 million of “due” purposes date 2004 at st. loman

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Courts Service · 2007-05-22 · courts

High Court refuses challenge to Ivory Coast asylum refusal

high court refuses challenge to ivory coast asylum refusal the found one factual error in refugee appeals tribunal’s account but ruled it did not, context, make decision reviewable. [2007] iehc 148 has refused an national’s judicial review of his claim, finding that tribunal was entitled reject as n

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Courts Service · 2007-05-22 · courts

High Court orders surrender of J H to Czech Republic

high court orders surrender of j h to czech republic the rejected an objection under a european arrest warrant, finding respondent had not produced evidence displace warrant’s description him as fugitive. [2007] iehc 202 ordered so he can serve two-year sentence imposed there for theft and fraud. hi

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Courts Service · 2007-05-22 · courts

High Court rules detention under mental health law remained lawful

high court rules detention under mental health law remained lawful the rejected a challenge to timing of reviews transitional provisions and found applicant’s lawful. [2007] iehc 184 has ruled that man’s at st john god’s hospital act 2001, rejecting his tribunal reviews. in judgment delivered on 22

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Courts Service · 2007-05-21 · courts

Supreme Court allows DPP appeal over prosecution stay in sisters’ abuse case

supreme court allows dpp appeal over prosecution stay in sisters’ abuse case the held that accused had not shown a real or serious risk of an unfair trial and set aside high relief restraining his prosecution. has allowed director public prosecutions’ against order man sexual offences two sisters. h

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Courts Service · 2007-05-18 · courts

High Court refuses late challenge to asylum appeal decision

high court refuses late challenge to asylum appeal decision the declined extend time for j.b.’s judicial review and rejected her remaining grounds, including challenges tribunal’s credibility assessment. [2007] iehc 273 has refused j.b. leave pursue a of by refugee appeals commission (rac) ordered c

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Courts Service · 2007-05-17 · courts

High Court refuses leave to challenge refugee tribunal decision

high court refuses leave to challenge refugee tribunal decision the extended time for application but found was not open question under test judicial review leave. [2007] iehc 320 refused seek of a appeals concerning s. m. and her minor daughter, a. bringing after accepting that two-week delay could

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Courts Service · 2007-05-16 · courts

High Court grants leave to challenge asylum refusal over Nigeria safe-country error

high court grants leave to challenge asylum refusal over nigeria safe-country error a judicial review may proceed on one ground: that the refugee applications commissioner assessed child applicant’s claim mistaken basis his country of nationality had been designated safe origin. [2007] iehc 237 has

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Courts Service · 2007-05-16 · courts

High Court refuses challenge to deportation order in judicial review

high court refuses challenge to deportation order in judicial review the held that minister had taken account of applicant’s age on information available and was not required investigate it further. [2007] iehc 238 has refused a application challenging made case minor identified redacted judgment as

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Courts Service · 2007-05-16 · courts

Court dismisses Sweeney brothers’ appeals over car damage convictions

court dismisses sweeney brothers’ appeals over car damage convictions the of criminal appeal held that guilty verdicts for were not necessarily inconsistent with acquittals on violent disorder charges. dismissed martin joseph and michael sweeney’s against their convictions, finding no basis to overt

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Courts Service · 2007-05-16 · courts

High Court allows 21 days to deliver claim in post-1977 abuse case

high court allows 21 days to deliver claim in post-1977 abuse case the found delay delivering a statement of was inordinate but excusable, and extended time for delivery against sixth defendant. [2007] iehc 171 has given plaintiff defendant proceedings alleging after she left residential institution

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Courts Service · 2007-05-15 · courts

High Court rules W.Q.’s latest detention order lawful despite earlier defects

high court rules w.q.’s latest detention order lawful despite earlier defects the found in legal basis for before march 2007, but ruled they could not be used to invalidate a later renewal that was valid itself. [2007] iehc 154 at central mental hospital under six-month made on 28 finding stages of

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Courts Service · 2007-05-15 · courts

High Court refuses bid to quash conviction after amendment to judicial review grounds

high court refuses bid to quash conviction after amendment judicial review grounds the allowed j.q. add a claim about mistaken belief as complainant’s age, but held that did not meet rare exception permitting concluded be reopened statute was declared unconstitutional. [2007] 1ehc 155 has refused j.

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Courts Service · 2007-05-11 · courts

High Court grants leave to challenge refusal of Nigerian man’s refugee appeal

high court grants leave to challenge refusal of nigerian man’s refugee appeal the found arguable grounds concerning hiv-related claims, including whether material was disclosed and his family’s medical-care concerns were considered. it did not decide judicial review or claim. [2007] iehc 165 granted

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Courts Service · 2007-05-10 · courts

Supreme Court dismisses challenge to Duleek waste facility planning approval

supreme court dismisses challenge to duleek waste facility planning approval the held that irish law could assign environmental assessments both an bord pleanála and epa before project received development consent. dismissed eric martin’s appeal against permission for a proposed management incinerat

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Courts Service · 2007-05-08 · courts

High Court says admission and surrounding evidence could support cannabis charge

high court says admission and surrounding evidence could support cannabis charge the advised that prosecution case proceed without a laboratory certificate, while leaving ultimate question of guilt proof beyond reasonable doubt to trial court. [2007] iehc 150 defendant’s substance was cannabis, cons

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Courts Service · 2007-05-08 · courts

Supreme Court allows ILCU appeal in Competition Authority case

supreme court allows ilcu appeal in competition authority case the held that had not established savings protection scheme was a distinct product, and dismissed its claims under sections 4 5 of act 2002. has allowed an by representatives irish league credit unions (ilcu), set aside high court’s orde

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Courts Service · 2007-05-04 · courts

Supreme Court dismisses challenge to surrender over UK sentencing claim

supreme court dismisses challenge to surrender over uk sentencing claim the found no evidence that a person convicted of escaping custody in would face mandatory minimum sentence, and upheld high court’s order. dismissed john paul brennan’s appeal against an order surrendering him united kingdom, re

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Courts Service · 2007-05-04 · courts

High Court refuses to dismiss property claim by mother of three children

high court refuses to dismiss property claim by mother of three children the rejected a preliminary application strike out or proceedings, leaving underlying claims unresolved. iehc [2007] 196 has refused respondent’s and related brought woman with whom he had long relationship children. did not dec

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Courts Service · 2007-05-04 · courts

High Court refuses US return order for two children in Hague Convention case

high court refuses us return order for two children in hague convention case the found grave risk and an intolerable situation if returned to united states, accepted their objections settlement ireland. [2007] iehc 145 court, family law hlc list refused application states under convention, finding t

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Courts Service · 2007-05-04 · courts

High Court grants asylum applicant leave to challenge refugee appeal decision

high court grants asylum applicant leave to challenge refugee appeal decision the extended time limit and allowed judicial review proceed on three grounds, finding arguable issues about state protection, future persecution a psychological report. it did not decide claim or grant substantive relief s

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Courts Service · 2007-05-04 · courts

High Court rules timely breach proceedings can continue after probation bond expires

high court rules timely breach proceedings can continue after probation bond expires a judge answered district court’s consultative case about when minor on is “called on” over an alleged breach. the judgment settled legal question; it did not decide whether breached or make final order. [2007] iehc

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Courts Service · 2007-05-04 · courts

High Court refuses Revenue bid for Isle of Man account records

high court refuses revenue bid for isle of man account records the declined to order national irish bank provide information about former branch accounts, citing manx law and need respect jurisdiction its courts. [2007] iehc 325 refused a commissioners application requiring disclose details certain

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Courts Service · 2007-05-04 · courts

High Court finds Gardaí acted beyond their powers by keeping bank direction in place

high court finds gardaí acted beyond their powers by keeping bank direction in place gilligan j. held that the should have been withdrawn once knew no money-laundering prosecution would follow. upheld section’s constitutionality and found had liability; it reserved form of its order. [2007] iehc 318

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Courts Service · 2007-05-04 · courts

High Court dismisses boy’s claim over gate injury at Rathkeale premises

high court dismisses boy’s claim over gate injury at rathkeale premises the accepted for purposes of its decision that could be opened, but found was not reasonably foreseeable and defendant had no duty to keep locked. [2007 iehc 159] dismissed a by ten-year-old boy who seriously injured when swung

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Courts Service · 2007-05-04 · courts

Wayne Drought sentenced to seven years for 2004 Waterford rape

wayne drought sentenced to seven years for 2004 waterford rape the central criminal court suspended final 18 months, making effective prison term five and six with counselling post-release supervision conditions. [2007] iehc 310 was years’ imprisonment raping a student on waterford’s quays in decemb

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Courts Service · 2007-05-04 · courts

High Court refuses leave to challenge refugee decisions, defers deportation decision

high court refuses leave to challenge refugee decisions, defers deportation decision the found no special circumstances permit a late applications commissioner’s and substantial grounds appeals tribunal. it left separate minister’s for further submissions. [2007] iehc 168 refused t. r. seek judicial

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Courts Service · 2007-05-04 · courts

High Court rules J.B.’s detention under repeat temporary orders was lawful

high court rules j.b.’s detention under repeat temporary orders was lawful the rejected a challenge to two successive made mental treatment act 1945, finding second order and its extensions justified on evidence before it. [2007] iehc 147 ruled that in central hospital patient lawful, rejecting his

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Courts Service · 2007-05-03 · courts

Court of Criminal Appeal orders retrial after setting aside rape conviction

court of criminal appeal orders retrial after setting aside rape conviction the said trial judge gave no reasoned legal basis for refusing a discretionary jury warning. it dismissed against assault and would consider sentence later. set peter dolan’s directed retrial, finding that had not given to w

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Courts Service · 2007-05-03 · courts

Court of Criminal Appeal increases sentences to 12 years for rape and manslaughter

court of criminal appeal increases sentences to 12 years for rape and manslaughter the allowed director public prosecutions’ undue-leniency application, replacing concurrent eight-year with 12-year terms, backdated 10 september 2001. increased imposed on ian horgan from eight years, after finding an

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Courts Service · 2007-05-03 · courts

Supreme Court orders release after ruling appeal did not extend detention deadline

supreme court orders release after ruling appeal did not extend detention deadline the held that a man whose surrender to uk had been ordered was entitled statutory 15-day and 10-day periods expired. it made no on status or effect of proceedings order. michéal ó fallúin finding his continued under e

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Courts Service · 2007-05-02 · courts

Supreme Court dismisses challenge to O’Connell Street compulsory purchase order

supreme court dismisses challenge to o’connell street compulsory purchase order the held that dublin city council could acquire land for regeneration without specifying precise development scheme, while leaving a separate constitutional unresolved. dismissed paul clinton’s appeal against confirmatio

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Courts Service · 2007-05-01 · courts

High Court dismisses teacher’s claim to enforce settlement over early retirement

high court dismisses teacher’s claim to enforce settlement over early retirement the found 2006 covered a joint application under strand 1 of teachers’ scheme and dismissed for specific performance. [2007] iehc 156 court, dublin with management st. dominic’s secondary school, cabra, terms her applic

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Courts Service · 2007-05-01 · courts

High Court rejects challenge over naturalisation application form change

high court rejects challenge over naturalisation application form change the found applicant had time to submit required before new rules took effect and dismissed his action. [2007] iehc 157 court, dublin a syrian national’s action seeking declaration that minister for justice should consider he se

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Courts Service · 2007-05-01 · courts

Supreme Court dismisses appeal to stop trial over alleged historic sexual offences

supreme court dismisses appeal to stop trial over alleged historic sexual offences the found applicant had not shown a real risk of an unfair from passage time or deaths witnesses. underlying charges remain for trial. has dismissed b.j.’s against high decision refusing prohibit his on one complainan

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Courts Service · 2007-05-01 · courts

High Court strikes out buyers’ claim over Leitrim holiday home

high court strikes out buyers’ claim over leitrim holiday home the found that correspondence showed no concluded agreement for sale of house and ordered a lis pendens registered against it to be vacated. [2007] iehc 190 struck proceedings brought by alvin price elizabeth lynch seeking specific perfo

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