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Courts Service · 2007-10-31 · courts

High Court orders man’s surrender to Lithuania over robbery and drug charges

high court orders man’s surrender to lithuania over robbery and drug charges the rejected his objection that would expose him ill-treatment, finding he had not established alleged past police assault required standard. [2007] iehc 370 ordered of arturas raustys under a european arrest warrant, so ca

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Courts Service · 2007-10-31 · courts

High Court orders surrender to Lithuania after rejecting sentence-length objection

high court orders surrender to lithuania after rejecting sentence-length objection the respondent argued that warrant did not show whether each of three offences met four-month threshold. said he had provided no evidence support objection. [2007] iehc 364 ordered jorintas sakalauskis serve a prison

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Courts Service · 2007-10-31 · courts

High Court refuses bid to stop stolen-machinery trial over missing mini-digger

high court refuses bid to stop stolen-machinery trial over missing mini-digger the found applicants had not shown that mini-digger’s unavailability created an unavoidable risk of unfair trial. their criminal trials were prohibited. [2007] iehc 366 has refused two men’s applications allegedly stolen

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Courts Service · 2007-10-31 · courts

High Court quashes Redress Board refusal over inadequate reasons

high court quashes redress board refusal over inadequate reasons the sent oliver hayde’s late application for an extension of time back to reconsideration, without deciding whether he should receive or redress. [2007] iehc 381 has quashed residential institutions board’s decision refuse hayde apply

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Courts Service · 2007-10-31 · courts

High Court refuses leave to challenge Ennis communications mast permission

high court refuses leave to challenge ennis communications mast permission noel mulhaire’s proposed judicial review did not meet the substantial-grounds threshold, ruled. [2007] iehc 478 refused mulhaire seek of an bord pleanála’s decision permit a 24-metre structure at esb substation in cahircalla,

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Courts Service · 2007-10-31 · courts

High Court orders Latvian surrender over alleged drink-driving offence

high court orders latvian surrender over alleged drink-driving offence the rejected objections based on delay, correspondence and a possible earlier suspended sentence, ordered for prosecution in latvia. [2007] iehc 363 maris pavlovs’ to latvia an offence, after rejecting concerning with irish law s

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Courts Service · 2007-10-26 · courts

High Court rules Listowel Mart’s charter market rights did not attach to Market Place land

high court rules listowel mart’s charter market rights did not attach to place land mr justice clarke said the general and fair obligations could affect title a particular site. he also relevant had been extinguished by non-use under 1995 act. [2007] iehc 360 court, commercial has ruled that histori

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Courts Service · 2007-10-26 · courts

Court refuses bid to take secret-material disclosure question to Supreme Court

court refuses bid to take secret-material disclosure question supreme the of criminal appeal declined certify an appeal, finding that applicant had not shown exceptionally important point law or a public interest in further appeal. has refused kenneth donohue’s application for certificate allowing h

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Courts Service · 2007-10-26 · courts

High Court dismisses personal injury claim after finding plaintiff knowingly misled court

high court dismisses personal injury claim after finding plaintiff knowingly misled the found, on balance of probabilities, that deliberately attributed a later facial to 2002 crash and dismissed entire under section 26. [2007] iehc 362 had given false or misleading evidence about symptoms verified

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Courts Service · 2007-10-26 · courts

High Court dismisses appeal over solicitor misconduct ruling

high court dismisses appeal over solicitor misconduct ruling johnson p. upheld the solicitors disciplinary tribunal’s dismissal of complaints against joan o’neill after hearing evidence and submissions two days. [2007] iehc 357 has dismissed an by t.c. gerard o’mahony a tribunal that there was no pr

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Courts Service · 2007-10-25 · courts

High Court awards Raphoe nightclub company €2.475m, plus legal costs

high court awards raphoe nightclub company €2.475m, plus legal costs the damages assessment followed state defendants’ acceptance of liability for provable losses arising from garda actions identified by morris tribunal. also referred eligible to an agreed arbitrator. [2007] iehc 373 awarded frank m

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Courts Service · 2007-10-25 · courts

Supreme Court refuses security for costs over delay in public contract challenge

supreme court refuses security for costs over delay in public contract challenge the allowed dublin international arena limited’s appeal and dismissed state’s cross-appeal, finding that delayed applications were incompatible with need rapid review. refused by campus stadium ireland development limit

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Courts Service · 2007-10-25 · courts

High Court quashes Longford Council agreement allowing 14.5-metre building shift

high court quashes longford council agreement allowing 14.5-metre building shift the held that change exceeded limited flexibility allowed by planning permission. original permission was not under review, and any proposal to proceed with revised location would need a new application. [2007] iehc 356

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Courts Service · 2007-10-25 · courts

Supreme Court quashes endangerment convictions over jury direction

supreme court quashes endangerment convictions over jury direction the found had not been told it must consider whether appellants foresaw serious risk alleged. declined to order a retrial. [2007] iesc 46 has quashed reckless of fergal cagney and ronan mcgrath, ruling that was directed either man fo

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Courts Service · 2007-10-25 · courts

Sweetman awarded half costs in planning challenge after court identifies public-interest issues

sweetman awarded half costs in planning challenge after court identifies public-interest issues the high made no order for an bord pleanála or clare county council, and excluded of late written submissions from award against state. [2007] iehc 361 has peter his state a judicial review concerning app

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Courts Service · 2007-10-25 · courts

Supreme Court quashes endangerment convictions in combined appeals

supreme court quashes endangerment convictions in combined appeals the found that adding counts to manslaughter charges on same facts created a risk of confused and unfair trial. it did not give an absolute ruling when section 13 may be used. quashed fergal cagney ronan mcgrath, should have been inc

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Courts Service · 2007-10-25 · courts

Supreme Court dismisses appeals over life sentences for prolonged sexual offences

supreme court dismisses appeals over life sentences for prolonged sexual offences the held that guilty pleas and other mitigating factors must be considered, but exceptional circumstances can justify maximum sentence. it dismissed both appeals. by two men who challenged imposed against girls in thei

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Courts Service · 2007-10-24 · courts

Supreme Court rules re-arrested man was not charged “forthwith”

supreme court rules re-arrested man was not charged “forthwith” the allowed barry o’brien’s appeal, quashed special criminal court’s decision and declared it had no jurisdiction to try him on charge. s.c. no: 349 of 2005 has ruled that o’brien after his re-arrest a membership in judgment delivered b

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Courts Service · 2007-10-24 · courts

Supreme Court allows appeal over delay in charging IRA membership suspect

supreme court allows appeal over delay in charging ira membership suspect the ruled that a man re-arrested after section 30 detention was not charged “forthwith”, so special criminal lacked jurisdiction to try him at time. allowed barry o’brien’s against decision rejecting his challenge court’s on a

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Courts Service · 2007-10-23 · courts

High Court refuses travellers’ challenge to Kilkenny accommodation decision and Garda notices

high court refuses travellers’ challenge to kilkenny accommodation decision and garda notices mr justice o’neill dismissed a judicial review brought by ten members of an extended family, finding no basis quash county council’s refusal their application or stop related prosecutions. [2007] iehc 350 t

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Courts Service · 2007-10-23 · courts

High Court orders Irish Times journalists to answer tribunal questions about anonymous leak

high court orders irish times journalists to answer tribunal questions about anonymous leak the divisional ruled that mahon could question colm keena and geraldine kennedy documents concerning its confidential inquiry. it said order was justified by need protect public confidence in tribunal, while

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Courts Service · 2007-10-23 · courts

High Court refuses to stop Omagh bombing retrial over delay and memory concerns

high court refuses to stop omagh bombing retrial over delay and memory concerns the found no blameworthy by prosecution or system demonstrated prejudice that made a fair impossible. [2007] iehc 349 has refused colm murphy’s application his on charges connected with 1998 bombing, finding basis prohib

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Courts Service · 2007-10-22 · courts

High Court strikes out Garda hearing-loss claim after prolonged delay

high court strikes out garda hearing-loss claim after prolonged delay the found in prosecuting personal-injury proceedings inordinate and inexcusable ruled that balance of justice favoured striking them out. [2007] iehc 371 has struck a former garda’s over alleged hearing loss tinnitus, finding had

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Courts Service · 2007-10-22 · courts

High Court rejects animal seizure challenges by Louth woman

high court rejects animal seizure challenges by louth woman the found that dog wardens did not enter a dwelling and other animals seized were kept for farming purposes. it declined relief sought in four overlapping judicial review cases. [2007] iehc 344 has to grant orders dona sfar cases concerning

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Courts Service · 2007-10-19 · courts

High Court finds Irish law breached Lydia Foy’s privacy rights over gender recognition

high court finds irish law breached lydia foy’s privacy rights over gender recognition the issued a declaration of incompatibility under european convention on human act, while leaving choice remedial legislation to oireachtas. [2007] iehc 470 ireland has declared that ireland’s failure provide way

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Courts Service · 2007-10-19 · courts

High Court refuses bid to halt delayed summary trial

high court refuses bid to halt delayed summary trial the found judicial review application premature, noting that no request for delay had been made district judge. [2007] iehc 345 refused kevin nolan’s stop a from continuing, holding his challenge was premature and did not justify intervention at s

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Courts Service · 2007-10-19 · courts

High Court grants leave to challenge refugee appeal decision over Christianity assessment

high court grants leave to challenge refugee appeal decision over christianity assessment the allowed an iranian applicant pursue judicial review on two arguable grounds concerning how his conversion and baptism were considered. it did not quash tribunal or determine claim. [2007] iehc 359 granted s

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Courts Service · 2007-10-18 · courts

Supreme Court quashes deportation orders against five Nigerian children

supreme court quashes deportation orders against five nigerian children the held that their mother’s unsuccessful asylum application was not an by or on behalf of children, so statutory basis used for did apply. s.c. no: 459/2004 allowed appeal and quashed made them, ruling count as refugee status c

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Courts Service · 2007-10-18 · courts

Supreme Court quashes deportation orders against five Nigerian children

supreme court quashes deportation orders against five nigerian children the held that minister had not refused asylum applications in children’s cases, as required to make orders. it made no wider ruling on their immigration status. s.c. no: 459/2004 quashed children, cases. said refusal was a neces

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Courts Service · 2007-10-17 · courts

High Court refuses Nigerian asylum seeker’s judicial review challenge

high court refuses nigerian asylum seeker’s judicial review challenge the granted an unopposed extension of time but rejected to recommendation, finding it was made within commissioner’s powers and observed fair procedures. [2007] iehc 339 refused a application by anonymised seeker who challenged re

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Courts Service · 2007-10-17 · courts

High Court defers father’s transfer pending consideration of Irish child’s application

high court defers father’s transfer pending consideration of irish child’s application the ordered interim relief while minister considered a request for father to remain in ireland, but said order had been valid when made. [2007] iehc 337 has deferred implementation an united kingdom, him ireland.

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Courts Service · 2007-10-17 · courts

High Court refuses challenge to Nigerian child’s asylum assessment

high court refuses challenge to nigerian child’s asylum assessment the refused judicial review of an recommendation concerning a minor, finding no substantial grounds argue that his convention rights had been breached. [2007] iehc 338 has minor’s application for rejecting claim, declining quash or o

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Courts Service · 2007-10-17 · courts

High Court orders Simon Murphy’s extradition to the US for sentencing

high court orders simon murphy’s extradition to the us for sentencing rejected four objections after finding that murphy had voluntarily pleaded guilty in new york and not shown surrender would breach a fundamental right. [2007] iehc 342 ordered united states so he can be sentenced one sexual abuse

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Courts Service · 2007-10-17 · courts

Supreme Court rejects bid to stop prosecution over decades-old allegations

supreme court rejects bid to stop prosecution over decades-old allegations the dismissed an appeal seeking prohibit a criminal trial, citing undisputed admissions while warning that trial judge must guard against unfairness caused by delay. s.a. high decision refusing his alleged sexual offences dat

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Courts Service · 2007-10-16 · courts

High Court awards wife property and €1.8m lump sum in divorce proceedings

high court awards wife property and €1.8m lump sum in divorce proceedings the also ordered a transfer of 70% husband’s pension annual payments for dependent children third-level education. [2007] iehc 438 several properties to directed her husband pay €1.8 million as part proceedings. order transfer

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Courts Service · 2007-10-15 · courts

High Court says breath-test refusal can be prosecuted without machine preparation

high court says breath-test refusal can be prosecuted without machine preparation the answered a consultative case stated on law, then remitted unfinished complaint to district decide whether accused had refused comply. [2007] iehc 353 has ruled that prosecution for refusing breath test does not nec

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Courts Service · 2007-10-15 · courts

Supreme Court sets aside order striking out Trinity Hall planning claim

supreme court sets aside order striking out trinity hall planning claim the found an objective-bias test was met in application concerning its 2003 decision, reinstating appeal. it made no ruling on underlying allegations. has set james kenny’s against college, after finding that for objective bias

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Courts Service · 2007-10-15 · courts

Man sentenced to 10 years for raping and abusing stepdaughter; final three years suspended

man sentenced to 10 years for raping and abusing stepdaughter; final three suspended the high court imposed an effective seven-year prison term, with post-release supervision sex-offender registration, after a jury convicted p. h. on eight counts. iehc (2007) iehc335 court; central criminal years’ i

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Courts Service · 2007-10-12 · courts

High Court grants interim injunction over McVitie’s figroll packaging

high court grants interim injunction over mcvitie’s figroll packaging mr justice clarke found jacobs had a fair case to try the competing and that damages would not adequately protect its goodwill. he declined relief for cream crackers. [2007] iehc 368 granted jacob fruitfield food group limited foo

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Courts Service · 2007-10-12 · courts

High Court makes no costs order after quashing housing award

high court makes no costs order after quashing housing award cork county council won its challenge to an arbitrator’s award, but the ordered neither side pay costs, citing difficulty of legislation. [2007] iehc 334 court, commercial made as succeeded in having quashed a dispute over social and affor

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Courts Service · 2007-10-11 · courts

High Court refuses bid to dismiss proceeds-of-crime case over delay

high court refuses bid to dismiss proceeds-of-crime case over delay the found nearly seven-year history did not amount inordinate or inexcusable delay, citing complex preliminary applications and no identifiable prejudice moving defendant. [2007] iehc 343 has refused an application by ann farrell pr

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Courts Service · 2007-10-11 · courts

High Court awards €502,700 over negligent care of ulcerative colitis patient

high court awards €502,700 over negligent care of ulcerative colitis patient the found that a hospital and consultant’s failures in contributed to young woman’s avoidable suffering serious complications, including perforated colon. it did not find prescribed difene directly caused perforation. [2007

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Courts Service · 2007-10-10 · courts

High Court orders surrender to Latvia in European arrest warrant case

high court orders surrender to latvia in european arrest warrant case the rejected challenges based on latvia’s possible minimum sentence and absence of irish offence equivalents, while making no decision alleged criminal conduct. [2007] iehc 332 ordered ivans desjatnikovs under a warrant, finding t

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Courts Service · 2007-10-08 · courts

High Court dismisses appeal over Donegal farm sale

high court dismisses appeal over donegal farm sale the upheld orders striking out daniel gallagher’s defence and granting relief to executors, but reserved a final decision on costs. [2007] iehc 329 circuit, northern county of dismissed against allowing executors margaret (also known as madge) friel

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Courts Service · 2007-10-08 · courts

High Court awards Emerald Meats €2.45m in general damages

high court awards emerald meats €2.45m in general damages the award assessed lost profits after company’s gatt meat quota was delayed. rejected both of proposed loss calculations but found it had suffered real and permanent business damage. [2007] iehc 331 has awarded limited €2.45 million over loss

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Courts Service · 2007-10-05 · courts

High Court rejects challenge to Ireland’s mandatory life sentence for murder

high court rejects challenge to ireland’s mandatory life sentence for murder two prisoners argued that sentences and the system reviewing continued detention breached constitutional european convention rights. dismissed both claims. [2007] iehc 374 has rejected prisoners’ challenges murder, finding

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Courts Service · 2007-10-05 · courts

High Court bars shareholders from pursuing Fatstrippa claims derivatively

high court bars shareholders from pursuing fatstrippa claims derivatively the ruled at a preliminary stage that two could not bring company against three fellow and directors. it did decide whether alleged wrongdoing occurred. [2007] iehc 328 court, commercial has james glynn kevin mccabe cannot pur

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Courts Service · 2007-10-05 · courts

Arklow Holidays’ challenge to wastewater plant permission dismissed on procedural grounds

arklow holidays’ challenge to wastewater plant permission dismissed on procedural grounds the high court ruled that company could not raise in its an bord pleanála’s decision because they and should have been included earlier judicial review. [2007] iehc 327 holidays limited’s review concerning plan

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Courts Service · 2007-10-04 · courts

High Court sets aside Ombudsman direction for Quinn Direct to refund other policyholders

high court sets aside ombudsman direction for quinn direct to refund other policyholders the ruled that exceeded ombudsman’s power under provision relied on. it did not decide direct’s grounds of appeal. [2007] iehc 323 has set a financial services requiring insurance limited €25 vehicle-change char

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Courts Service · 2007-10-03 · courts

High Court refuses to cross-examine enforcement officer over affidavit

high court refuses to cross-examine enforcement officer over affidavit mr justice murphy allowed cross-examination of former bank chief executive j. lacey by consent, but refused his requests question the director corporate enforcement’s authorised or remove material from officer’s second affidavit.

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Courts Service · 2007-10-03 · courts

High Court strikes out 25 undated allegations in Costellos’ case against garda commissioner

high court strikes out 25 undated allegations in costellos’ case against garda commissioner the refused to strike claims as statute-barred at this stage, but found that incidents pleaded without even a year were too vague remain statement of claim. [2007] iehc 330 has struck from stephen and karen c

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Courts Service · 2007-10-03 · courts

High Court overturns Labour Court award to two fixed-term workers

high court overturns labour award to two fixed-term workers the upheld sunday newspapers limited’s appeal on points of law, setting aside court’s decision that former were entitled additional severance payments. [2007] iehc 324 against a awarding was brought law under protection employees (fixed-ter

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