Courts Service · 2007-06-29 · courts
high court finds advance payments formed part of pharmacists’ contracts the held that minister’s decision to stop was an impermissible unilateral variation, but dismissed claim irish pharmaceutical union had a contract with minister. [2007] iehc 222 has found participating included entitlement payme
Report a correction · Ask for more detail
Courts Service · 2007-06-29 · courts
high court refuses release bid after finding driver knew of hearing date the held that a man convicted and sentenced in his absence had been given reasonable opportunity to attend garda notified him adjourned hearing. [2007] iehc 294 refused an application by paul callaghan for from mountjoy prison,
Report a correction · Ask for more detail
Courts Service · 2007-06-28 · courts
high court quashes asylum appeal decision over nationality issue the ordered a rehearing after finding applicant had not been given fair opportunity to address tribunal’s assess her claim on basis that she was south african. [2007] iehc 230 quashed refugee appeals tribunal an case mr justice mcgover
Report a correction · Ask for more detail
Courts Service · 2007-06-27 · courts
high court dismisses ebs mortgage proceedings against healy defendants for delay the found ebs’s in pursuing a second set of inexcusable after an earlier claim margaret had been dismissed want prosecution. [2007] iehc 482 brought by building society james and healy, finding that lender delayed case
Report a correction · Ask for more detail
Courts Service · 2007-06-27 · courts
earlier garnishee order takes priority over later claim to damages fund the high court said a creditor’s judgment gave no automatic attached first by another creditor. it left final form of its for further submissions. [2007] iehc 226 circuit served on an insurer took concerning same fund, despite c
Report a correction · Ask for more detail
Courts Service · 2007-06-27 · courts
high court lets jury consider libel claim after rejecting newspaper’s public interest defence in a mid-trial ruling, mr justice charleton found there was enough evidence for the plaintiff’s case to go jury, but ruled would not. [2007] iehc 223 that independent newspapers (ireland) ltd could not put
Report a correction · Ask for more detail
Courts Service · 2007-06-27 · courts
high court refuses leave to challenge interim schooling orders the held that father had not shown an arguable basis quash district concerning his two younger daughters’ schooling. decision was at stage; costs and formal order remained be addressed. [2006 no.1427 jr] refused a bring judicial review p
Report a correction · Ask for more detail
Courts Service · 2007-06-26 · courts
high court refuses judicial review leave and deportation injunctions in two protection cases the found an arguable issue over whether subsidiary rules covered earlier orders, but refused because of each applicant’s conduct interim injunctions. [2007] iehc 231 has applicants to challenge department j
Report a correction · Ask for more detail
Courts Service · 2007-06-26 · courts
high court refuses children leave to challenge asylum and deportation decisions the accepted a short delay in bringing case but refused for judicial review, finding no reason assess children’s claims separately from their parents’ claims. [2007] iehc 236 two minor applicants seek review of recommend
Report a correction · Ask for more detail
Courts Service · 2007-06-26 · courts
high court finds ringmahon and dunnes stores not liable for shopping centre services the decided a preliminary issue in defendants’ indemnity claim, holding that neither third party was under 1986 deed. plaintiff’s claims against defendants were this judgment. [2007] iehc 219 has ruled company had n
Report a correction · Ask for more detail
Courts Service · 2007-06-25 · courts
high court rules theft conviction was not supported by evidence of ownership on a case stated from the district court, answered that trial judge correct to convict where no given texas homebase existed as legal entity or owned items. [2007] iehc 267 has ruled in law edward valentine prosecution gave
Report a correction · Ask for more detail
Courts Service · 2007-06-20 · courts
high court quashes tribunal decisions over redundancy claims after finding procedural errors the found employment appeals had relied on a statute parties not addressed and heard evidence an issue relevant to its decision. payment dispute already been settled. [2007] iehc 210 quashed two brought by f
Report a correction · Ask for more detail
Courts Service · 2007-06-20 · courts
high court orders jason brady’s surrender to uk despite delay and health objections the rejected based on respondent’s paraplegia, ordered under section 16 of european arrest warrant act. [2007] iehc 209 has united kingdom face prosecution charges arising from an alleged fatal incident in birmingham
Report a correction · Ask for more detail
Courts Service · 2007-06-20 · courts
high court dismisses claim for costs of raising two children after failed sterilisation a husband’s the rearing was dismissed, following related judgment that declined to award those his estranged wife. [2007] iehc 206 dismissed daniel byrne’s recover born procedure performed on wife failed. mr just
Report a correction · Ask for more detail
Courts Service · 2007-06-20 · courts
high court awards €90,000 over negligent sterilisation, rejects child-rearing costs the found that a consultant misplaced clip during tubal ligation and hospital staff did not clearly tell patient it had failed. refused her claim for cost of raising two healthy children. [2007] iehc 207 awarded brid
Report a correction · Ask for more detail
Courts Service · 2007-06-20 · courts
high court orders lithuanian surrender after rejecting challenge to prosecution presumption the ruled that evidence in european arrest warrant did not rebut statutory a decision prosecute had been made. [2007] iehc 220 ordered of romualdas stuina lithuania under warrant, his argument no made there h
Report a correction · Ask for more detail
Courts Service · 2007-06-20 · courts
high court refuses to adjourn belgian surrender application the said domestic proceedings based on acts underlying warrant meant could not be ordered under section 42, regardless of outcome irish prosecution. [2007] iehc 214 refused minister for justice, equality and law reform’s request an john kin
Report a correction · Ask for more detail
Courts Service · 2007-06-19 · courts
supreme court sends refugee-bias case back to high the ruled that disputed facts made it inappropriate decide legal questions as preliminary issues. did not determine whether tribunal member was biased. has allowed richard nyembo’s appeal against an order in his judicial review before hearing underl
Report a correction · Ask for more detail
Courts Service · 2007-06-19 · courts
high court refuses nigerian asylum seeker’s judicial review application the declined to extend time challenge refusal of refugee status and found no basis quash deportation order, which had been challenged within limit. [2007] iehc 235 refused a man’s for leave seek his order. justice brian mcgovern
Report a correction · Ask for more detail
Courts Service · 2007-06-19 · courts
high court rules roscommon farm gift to nephew stands free of residence condition the found will’s requirement that return live on was a subsequent, void for uncertainty. it said he therefore takes condition; parties were be heard order’s form. [2007] iehc 228 ruled named in his uncle’s will and hou
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court says secure detention of minors must remain short-term and regularly reviewed in a judgment addressing two legal questions, the held that its inherent jurisdiction can permit to protect minor at serious risk, but only with safeguards for liberty, welfare family rights. [2007] iehc 189 has
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court dismisses claim over £100,000 investment after rejecting bank fraud allegation the found plaintiff had invested money through an account in his friend’s name, but said it could not grant a remedy on case pleaded. dismissed against and bank’s third party, with costs submissions to follow.
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court rules renewal order for detained man was lawful the dismissed j.b.’s article 40.4 challenge, finding psychiatrist who signed had an ongoing role in his care and treatment. [2007] iehc 201 ruled that a authorising continued detention lawful, because it allowed state’s cause to be shown dis
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court refuses to halt prosecution of former christian brother facing 104 charges the found unexplained delay by dpp’s office but ruled that applicant had not shown prejudice sufficient prohibit trial. [2007] iehc 309 has refused an application permanently stop a indecent assault, allegedly comm
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court quashes minister’s decision to demote prison officer the ruled that was not given a fair chance respond before minister decided reduce his rank. it also quashed continuing suspension from 8 march 2004. [2007] iehc 269 by for justice officer’s rank, ruling had on penalty hearing him. in ju
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court strikes out fourth land dispute case and restricts further suits without leave the found proceedings repeated issues already litigated settled, barred first plaintiff from suing named defendants again permission. [2007] iehc 194 struck brought by john mcmahon sheena sharma over lands at k
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court dismisses claim against fire investigator over evidence in earlier case the held that was immune from suit for relevant to a malicious injury claim. ruling dismissed proceedings him only; separate delay issue left aside. [2007] iehc 192 sued he gave an case, as witness. order applied seco
Report a correction · Ask for more detail
Courts Service · 2007-06-15 · courts
high court finds no market right to trade at kilkenny’s parade a 2007 judgment ruled that historic rights had been displaced or extinguished and retail trading in the designated area required casual licence. [2007] iehc 208 court, dublin wholesale food trader kilkenny, selling goods there mr justice
Report a correction · Ask for more detail
Courts Service · 2007-06-14 · courts
high court awards supermarket company €1.23m compensation after premises dispute the valued company’s business as of 1 january 2005, added 6% simple interest until payment and allowed defendants €305,323 in credits. [2007] iehc 186 awarded cosmol ine trading limited €1,231,250 for value its business
Report a correction · Ask for more detail
Courts Service · 2007-06-14 · courts
high court rejects cofresco’s challenge to tub-its trade mark the found no likelihood of confusion with toppits mark, but left precise form its order for further submissions. [2007] iehc 187 court, commercial has rejected cofresco frischhalterprodukte gmbh & co. k.g.’s appeal against dismissal oppos
Report a correction · Ask for more detail
Courts Service · 2007-06-14 · courts
high court dismisses loan and property proceedings as misconceived abusive the dismissed a claim seeking property-related orders other relief, finding that it disclosed no reasonable cause of action was at least partly vexatious. ruling leaves open possibility separate for liquidated sum. iehc [2007
Report a correction · Ask for more detail
Courts Service · 2007-06-14 · courts
high court quashes state’s sugar restructuring aid decision the found that growers’ calculation relied on wrong losses and parts of improperly directed how remaining funds should be spent. it left precise form order for further submissions. [2007] iehc 211 has quashed both government’s 12 july 2006
Report a correction · Ask for more detail
Courts Service · 2007-06-13 · courts
high court quashes legal-aid refusal after judge applied blanket rule to driving cases the found that a district had fettered his discretion by refusing application without properly examining statutory criteria. it did not decide whether applicant was entitled legal aid. [2007] iehc 213 has ruled un
Report a correction · Ask for more detail
Courts Service · 2007-06-13 · courts
high court allows bus éireann to file further evidence in aircoach trade mark dispute the set aside controller’s refusal of leave, finding that fairness required an opportunity answer material opponent’s evidence. underlying registration remains before controller. [2007] iehc 221 has allowed / irish
Report a correction · Ask for more detail
Courts Service · 2007-06-13 · courts
high court dismisses three licence-bid claims against state defendants over delay gilligan j. dismissed the proceedings for want of prosecution and, separately, under court’s inherent jurisdiction in interests justice. ruling addressed only defendants. [2007] iehc 297 civil award ireland’s second gs
Report a correction · Ask for more detail
Courts Service · 2007-06-12 · courts
high court refuses leave to challenge asylum appeal decision the found no substantial grounds review refugee appeals tribunal’s credibility assessment or time taken issue its decision. [2007] iehc 276 refused an applicant seek judicial of a tribunal dismissing his against refusal status. ms justice
Report a correction · Ask for more detail
Courts Service · 2007-06-07 · courts
high court dismisses challenges over constituency disparities after 2006 census the found oireachtas had an urgent duty to address disproportionality, but not breached that by time cases were heard. it also rejected a claim minister could add dublin west seat. [2007] iehc 185 dismissed two ireland’s
Report a correction · Ask for more detail