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Courts Service · 2007-11-30 · courts

High Court rejects challenge to deportation order over family-life rights

high court rejects challenge to deportation order over family-life rights the dismissed a judicial review application brought by nigerian man and his two younger siblings, finding no established article 8 family life or breach in minister’s decision. [2007] iehc 398 has against man, rejecting argume

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Courts Service · 2007-11-30 · courts

High Court refuses appeal certificate in refugee information case

high court refuses appeal certificate in refugee information case mr justice edwards declined to certify a legal question for the supreme court, finding it did not meet exceptional public importance threshold. [2007] iehc 451 dublin has refused point of law judicial review involving appeals tribunal

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Courts Service · 2007-11-30 · courts

High Court refuses late challenge to asylum appeal decision

high court refuses late challenge to asylum appeal decision the found m.k. had not shown an arguable case for judicial review, so it did need decide whether extend filing deadline. [2007] iehc 397 refused m.k.’s application time bringing review proceedings against refugee appeals tribunal’s rejectio

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Courts Service · 2007-11-30 · courts

High Court refuses Irish Rail bid to quash welfare ruling for train drivers

high court refuses irish rail bid to quash welfare ruling for train drivers murphy j said the judicial review was not an appeal and found no basis grant relief sought over social tribunal’s decision. [2007] iehc 406 refused iarnród éireann’s application a tribunal decision that more than 100 could q

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Courts Service · 2007-11-30 · courts

High Court questions prison costs assessments in two detention cases

high court questions prison costs assessments in two detention cases the identified inconsistencies taxing master’s assessment of solicitors’ fees and said agreed estimates time spent should have been considered. it reserved whether to remit matters or decide them itself. [2007] iehc 394 has questio

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Courts Service · 2007-11-29 · courts

High Court awards €412,000 over damage to Jack Humphrey’s

high court awards €412,000 over damage to jack humphrey’s the accepted liability for caused by neighbouring construction works but rejected a claim full demolition and reconstruction, allowing €93,000 repairs. [2007] iehc 421 awarded plaintiffs in dispute pub at five lamps dublin. costello limited h

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Courts Service · 2007-11-29 · courts

High Court rejects tourism officer’s claim to acting chief executive post

high court rejects tourism officer’s claim to acting chief executive post the found that his job description covered deputising during ordinary absences, but did not give him a right take over role full time prolonged absence. [2007] iehc 485 rejected employment terms entitled become executive’s ant

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Courts Service · 2007-11-29 · courts

High Court awards €6,625 over Passat’s disputed fuel consumption

high court awards €6,625 over passat’s disputed fuel consumption the accepted buyer’s account that his car generally fell short of promised economy, but limited damages to additional costs and general damages. [2007] iehc 395 on circuit, south eastern county carlow circuit in varied a award dispute

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Courts Service · 2007-11-29 · courts

High Court refuses release bid after hospital transfer breached mental health procedure

high court refuses release bid after hospital transfer breached mental health procedure the found that clinical director had not arranged a detained patient’s to medical ward as required, but ruled procedural failure did make his continued detention unlawful in circumstances. [2007] iehc 401 refused

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Courts Service · 2007-11-28 · courts

Supreme Court rules German extradition request could not support continued detention

supreme court rules german extradition request could not support continued detention the allowed two appeals and ordered immediate release of a man held under proceedings based on made act 1965. it said germany still seek surrender through european arrest warrant. by anthony abimbola his release, ru

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Courts Service · 2007-11-28 · courts

Court orders retrial after inadmissible evidence created unfair trial risk

court orders retrial after inadmissible evidence created unfair trial risk the of criminal appeal allowed michael fahy’s drawn from undisclosed notes was heard by jury. 66 07 has and directed a retrial, finding that introduced at his real substantial an trial. fahy had been convicted on seven counts

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Courts Service · 2007-11-28 · courts

High Court orders extradition to Russia after rejecting objections

high court orders extradition to russia after rejecting objections the found statutory requirements met and rejected respondent’s claims about retrospective criminal law risk of mistreatment. it ordered her committed await minister’s order. [2007] iehc 418 an estonian woman russian federation, findi

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Courts Service · 2007-11-27 · courts

High Court quashes refusal to extend retention of seized documents

high court quashes refusal to extend retention of seized documents the ruled that district could hear affected businesses and test evidence about investigation’s progress, but had exceeded its jurisdiction by examining validity search warrants. it reserved question whether send application back for

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Courts Service · 2007-11-23 · courts

High Court refuses leave to challenge mother’s deportation order

high court refuses leave to challenge mother’s deportation order the found no substantial ground question minister’s decision. it also held that applied woman’s child, while refusing further relief and discharging restraint on deportation. [2007] iehc 393 refused seek judicial review of a made again

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Courts Service · 2007-11-23 · courts

High Court finds no concluded building contract in Kilmacanogue housing dispute

high court finds no concluded building contract in kilmacanogue housing dispute the said parties had not agreed on key obligations for a wicklow development. it directed that payment work already done be assessed quantum meruit basis, with amount left to arbitration. [2007] iehc 391 court, commercia

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Courts Service · 2007-11-23 · courts

High Court sets aside leave for Irish financial relief claim and refuses fresh application

high court sets aside leave for irish financial relief claim and refuses fresh application the ruled that wife’s affidavit materially misstated availability of maintenance in hong kong, then refused after finding kong appropriate venue her claim. [2007] iehc 400 set an earlier order allowing a woman

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Courts Service · 2007-11-22 · courts

Supreme Court upholds wrongful-retention declaration in child-return proceedings

supreme court upholds wrongful-retention declaration in child-return proceedings the held that twins’ retention united kingdom after 9 march 2007 breached custody rights attributed to district court. it stressed its did not decide or where children may live. dismissed a mother’s appeal against keepi

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Courts Service · 2007-11-21 · courts

High Court rejects Cork Opera House challenge over alcohol licence

high court rejects cork opera house challenge over alcohol licence the extended time for judicial review but refused to quash revenue’s decision, finding that city council could not issue theatre required an excise licence. [2007] iehc 388 plc’s application a revenue commissioners decision from did

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Courts Service · 2007-11-21 · courts

High Court orders unsuccessful plaintiff to pay defendants’ costs

high court orders unsuccessful plaintiff to pay defendants’ costs the rejected arguments that an environmental directive or public-interest status justified departing from usual rule. had appealed underlying judgment supreme court. [2007] iehc 389 court, dublin ordered michael kavanagh after he lost

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Courts Service · 2007-11-21 · courts

High Court orders specific performance of €3.9m Show Ground sale contract

high court orders specific performance of €3.9m show ground sale contract the found vendors remained obliged to complete despite lacking charitable commissioners’ consent, and that consent was probably obtainable if charity received an adequate price. [2007] iehc 420 has ordered a sell clonmel’s for

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Courts Service · 2007-11-20 · courts

High Court allows appeal over breath-test statement evidence

high court allows appeal over breath-test statement evidence the held that oral of statement’s contents was inadmissible when prosecution had not produced original or explained its absence. [2007] iehc 383 allowed colm fitzpatrick’s by way case stated after finding a in circumstances his prosecution

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Courts Service · 2007-11-20 · courts

High Court refuses injunction delaying Dublin City Council possession warrant

high court refuses injunction delaying dublin city council possession warrant the giffords sought to stop enforcement of a district while pursuing claims under european convention on human rights. refused interim relief. [2007] iehc 387 denis and sheila gifford’s application for an interlocutory pre

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Courts Service · 2007-11-15 · courts

Supreme Court dismisses appeal over timing of eye-surgery risk warning

supreme court dismisses appeal over timing of eye-surgery risk warning the held that a given about 30 minutes before elective surgery was valid on evidence in this case, while noting late warnings could lead to different result other cases. dismissed paul fitzpatrick’s against high decision his medi

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Courts Service · 2007-11-15 · courts

Supreme Court allows appeal in European arrest warrant case

supreme court allows appeal in european arrest warrant case the overturned a high refusal to surrender an irish man uk, finding medical evidence did not establish real risk life and rejecting his delay challenge. it dismissed cross-appeal over domestic warrant. allowed minister for justice’s s m r’s

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Courts Service · 2007-11-15 · courts

Supreme Court rules claim against Kathleen Hudson time-barred

supreme court rules claim against kathleen hudson time-barred the allowed her appeal over a preliminary limitation issue, finding plaintiff knew she occupied house where he was injured within ordinary three-year period. 522/04 has ruled that keith byrne’s personal injury time-barred, allowing from h

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Courts Service · 2007-11-15 · courts

Supreme Court dismisses appeal in extradition case

supreme court dismisses appeal in extradition case the rejected arguments based on delay and whether alleged offence corresponded to an under irish law, leaving high court’s refusal of release place. has dismissed by shane egan against direct his from proceedings england wales. concerned a warrant a

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Courts Service · 2007-11-14 · courts

Supreme Court dismisses appeal over retained organs and nervous shock

supreme court dismisses appeal over retained organs and nervous shock the upheld high court’s dismissal of bridget devlin’s claim, finding existing law did not allow damages for psychiatric illness she suffered after learning her daughter’s had been retained. s.c. nos. 346 352 2004 has dismissed an

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Courts Service · 2007-11-14 · courts

High Court dismisses retired employee’s claim against union

high court dismisses retired employee’s claim against union the found that pleadings disclosed no reasonable cause of action amicus and dismissed proceedings it. his former employer remained before court. [2007] iehc 385 thomas talbot’s union, amicus, finding was frivolous vexatious within meaning r

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Courts Service · 2007-11-12 · courts

High Court rejects bid to delay distribution of Cork property sale proceeds

high court rejects bid to delay distribution of cork property sale proceeds the dismissed an executor’s application vary examiner’s certificate or stay payments a judgment mortgage holder and apparent owner, allowing remaining funds be distributed under existing schedule. [2007] iehc 382 has by will

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Courts Service · 2007-11-09 · courts

High Court rules five Portlaoise prisoners cannot challenge detention over Special Criminal Court jurisdiction

high court rules five portlaoise prisoners cannot challenge detention over special criminal jurisdiction the accepted that lacked to try applicants, but held they had lost ability rely on point because did not raise it at their first appearance. [2007] iehc 384 has ruled men serving prison sentences

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Courts Service · 2007-11-09 · courts

High Court rejects challenge to notifying fellow residents under redress scheme

high court rejects challenge to notifying fellow residents under redress scheme the held that statutory definition of a “relevant person” was clear and refused relief sought in judicial review brought by an anonymised applicant. [2007] iehc 453 has applicant’s residential institutions board’s interp

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Courts Service · 2007-11-09 · courts

Criminal Appeal Court refuses leave to appeal in cattle compensation conspiracy case

criminal appeal court refuses leave to in cattle compensation conspiracy case the rejected four grounds challenging applicants’ trial, including claims of objective bias, an overlong jury charge and admission computer records. refused thomas hickey jeremiah their convictions a alleging defraud minis

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Courts Service · 2007-11-07 · courts

High Court refuses widow’s bid to obtain confidential abuse evidence

high court refuses widow’s bid to obtain confidential abuse evidence the refused leave challenge commission’s decision withhold her late husband’s testimony and declined extend time for bringing judicial review. [2007] iehc 376 a woman’s application seek review of commission inquire into child abuse

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Courts Service · 2007-11-06 · courts

Supreme Court dismisses appeal over motorway compensation limits

supreme court dismisses appeal over motorway compensation limits the held that for injurious affection under section 63 was limited to damage attributable activities on land taken from claimants. dismissed an by representatives of terence chadwick, deceased, and sheelagh davis-goff in a dispute with

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Courts Service · 2007-11-06 · courts

Supreme Court limits motorway compensation claim to effects of works on land acquired

supreme court limits motorway compensation claim to effects of works on land acquired the dismissed an appeal over for a property affected by scheme, while correcting high court’s view that compensable injury had involve otherwise unlawful acts. has representatives terence chadwick, deceased, and sh

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Courts Service · 2007-11-05 · courts

High Court rejects adoption challenge but finds parents were not properly informed

high court rejects adoption challenge but finds parents were not properly informed the declined to quash board’s circular on ethiopia and rwanda adoptions, while ruling that board should have written applicants about its concerns. damages costs adjourned. [2007] iehc 402 rejected an attempt by a mar

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Courts Service · 2007-11-02 · courts

High Court refuses surrender to Poland over two separate arrest warrants

high court refuses surrender to poland over two separate arrest warrants the ruled that section 22 of european warrant act required refusal and ordered respondent’s release. [2007] iehc 369 refused an application a man under warrants, ruling refusal. his release 16(8) act. judgment, delivered by mr

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Courts Service · 2007-11-02 · courts

High Court limits injunction in Galway Clinic CEO employment dispute

high court limits injunction in galway clinic ceo employment dispute the found a strong case to be tried over whether had prejudged allegations of serious wrongdoing, but refused require ceo’s return work pending trial. [2007] iehc 386 continued an restraining doughiska ltd from dismissing its chief

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Courts Service · 2007-11-02 · courts

High Court rules Westmeath land bequest falls into residuary estate

high court rules westmeath land bequest falls into residuary estate a dispute over will’s terms ended with the finding that to deceased’s son failed, sending estate’s residue. [2007] iehc 367 has ruled of in county failed and estate. was asked construe clause will; it did not order sale or decide ho

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Courts Service · 2007-11-01 · courts

High Court excludes evidence in director disqualification case and rules production order invalid

high court excludes evidence in director disqualification case and rules production order invalid the struck out specified material from of corporate enforcement’s affidavits, upheld appointment pwc to assist investigation, left consequences an for later hearing. [2007] iehc 365 has excluded affidav

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