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Courts Service · 2007-12-21 · courts

High Court finds Dunnes infringed three Karen Millen clothing designs

high court finds dunnes infringed three karen millen clothing designs the rejected a challenge to designs’ individual character and found that copied savida tops shirts millen’s unregistered community design rights. it indicated relief, but left precise scope of profits account for further submissio

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Courts Service · 2007-12-21 · courts

Supreme Court judge says fingerprint evidence did not establish grounds for judicial review

supreme court judge says fingerprint evidence did not establish grounds for judicial review justice hardiman agreed with denham’s judgment and proposed order, saying the applicant had produced needed to support his case about fingerprints on cling-film-wrapped packets. refused relief by way of john

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Courts Service · 2007-12-21 · courts

High Court grants Irish-language relief over teacher council job application

high court grants irish-language relief over teacher council job application the found that missing materials substantially disadvantaged an applicant, but declined to order version of a report he said was needed complete application. [2005 umh. 671 a.b.] ard-chúirt (high court) granted three forms

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Courts Service · 2007-12-21 · courts

High Court orders plaintiffs to pay costs after dismissing claims

high court orders plaintiffs to pay costs after dismissing claims the declined their request for defendant companies indemnify them, while leaving bear own costs. [2007] iehc 452 ordered james glynn and kevin mccabe three defendants were dismissed, refused an indemnity from two companies. in a judgm

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Courts Service · 2007-12-21 · courts

Supreme Court rejects bid to halt Dublin drug retrial over fingerprint evidence

supreme court rejects bid to halt dublin drug retrial over fingerprint evidence the dismissed john kelly’s appeal, finding no real risk of an unfair because cannabis packaging had been preserved and remained available for examination. has appeal against a high refusal prohibit his on four possession

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Courts Service · 2007-12-21 · courts

High Court rejects challenge to refusal to certify video work

high court rejects challenge to refusal certify video work the held that censor’s statement, though framed in words of statute, gave enough information about grounds for refusing certification. [2007] iehc 464 has rejected a judicial review “anabolic initiations #5”, holding reasons given were suffi

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Courts Service · 2007-12-20 · courts

High Court dismisses Novartis appeal over Co-Diovan protection certificate

high court dismisses novartis appeal over co-diovan protection certificate the upheld controller’s refusal of a for valsartan and hydrochlorothiazide combination, finding no serious or significant error in decision. [2007] iehc 442 has dismissed ag’s against supplementary co-diovan, medicine combini

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Courts Service · 2007-12-20 · courts

Supreme Court allows Minister’s appeal over Irish-born child scheme refusal

supreme court allows minister’s appeal over irish-born child scheme refusal the held that family did not meet scheme’s continuous-residence requirement. it reversed high order quashing and said other rights claims remained for future consideration. s.c. no: 483/2006 allowed minister justice’s agains

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Courts Service · 2007-12-20 · courts

Supreme Court allows minister’s appeal over refusal under IBC 05 Scheme

supreme court allows minister’s appeal over refusal under ibc 05 scheme the held that required applicants not to have been involved in criminal activity and minister could refuse application on conviction disclosed. it reversed high order quashing refusal. s.c. no: 480/2006 allowed for justice, equa

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Courts Service · 2007-12-20 · courts

Supreme Court rules accused need not disclose grounds in advance for pre-trial dismissal application

supreme court rules accused need not disclose grounds in advance for pre-trial dismissal application the allowed an appeal and quashed a circuit order requiring notice of under section 4e. it did decide whether charges should be dismissed. [2007] iesc 68 has ruled that defendant applying to dismiss

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Courts Service · 2007-12-20 · courts

Supreme Court allows Minister’s appeal over late IBC/05 application

supreme court allows minister’s appeal over late ibc/05 application the held that missed scheme’s deadline and constitutional convention rights remained for consideration in another process. s.c. no: 481/2006 allowed minister justice, equality law reform’s adio case, reversing a high decision had fo

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Courts Service · 2007-12-20 · courts

High Court finds Hydro Klenze director acted irresponsibly and proposes restriction order

high court finds hydro klenze director acted irresponsibly and proposes restriction order the found brian cavanagh as a of failed company. it said proposed to make an under section 150; judgment excerpt does not set out final or its terms. [2007] iehc 456 that ltd, company went into liquidation in d

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Courts Service · 2007-12-20 · courts

Supreme Court allows appeal over scope of pre-trial drug charge review

supreme court allows appeal over scope of pre-trial drug charge review the quashed a circuit judge’s refusal to consider whether search warrant issue could support an application dismiss charges, while limiting that review. [2004] no. 551 jr has ruled considering criminal charges may, in clear case,

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Courts Service · 2007-12-20 · courts

Supreme Court allows Minister’s appeal over Irish-born child residence scheme

supreme court allows minister’s appeal over irish-born child residence scheme the held that father had not shown continuous required by ibc 05 scheme. his substantive immigration and rights claims remained for consideration through statutory process. s.c. no: 485 of 2006 allowed minister justice’s r

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Courts Service · 2007-12-20 · courts

High Court finds defective tractor supplied to farmer, defers damages

high court finds defective tractor supplied to farmer, defers damages the held two companies jointly and severally liable over a massey ferguson that lacked power, but left compensation costs for later hearing. [2007] iehc 457 has found (ireland) limited thomas flynn sons after ruling farmer patrick

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Courts Service · 2007-12-20 · courts

Supreme Court says Circuit Court could hear challenge to search warrant before trial

supreme court says circuit could hear challenge to search warrant before trial the quashed a jurisdiction ruling and sent dismissal motion back court; it did not decide whether was valid or dismiss any charge. has ruled that consider defendant’s pre-trial application criminal charges on ground inval

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Courts Service · 2007-12-20 · courts

High Court confirms Traffic Group rescue scheme after criticising petitioners’ conduct

high court confirms traffic group rescue scheme after criticising petitioners’ conduct the found significant nondisclosure and criticised a charge benefiting family guarantors, but confirmed an undertaking that petitioners would not act as company directors for 18 months. [2007] iehc 445 ltd, findin

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Courts Service · 2007-12-20 · courts

Supreme Court allows Minister’s appeal over Irish-born child’s parents’ immigration applications

supreme court allows minister’s appeal over irish-born child’s parents’ immigration applications the said constitutional and convention rights arguments were premature in challenges to refusals under ibc 05 scheme. it reversed high decision quash remit applications. s.c. no: 482/2006 allowed ministe

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Courts Service · 2007-12-19 · courts

High Court orders return of child to Australia, subject to undertakings

high court orders return of child to australia, subject undertakings the found child’s removal from australia wrongful under hague convention, but left protection arrangements and order’s implementation for further submissions. [2007] iehc 440 ireland has ordered a taken during ongoing australian fa

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Courts Service · 2007-12-19 · courts

Appeal court replaces suspended rape sentence with 10 years, suspending three

appeal court replaces suspended rape sentence with 10 years, suspending three the of criminal ruled that original was unduly lenient, citing offence’s circumstances and its lasting impact on victim her family. has quashed a imposed adam keane after his conviction for replaced it 10-year prison term,

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Courts Service · 2007-12-19 · courts

High Court orders surrender over UK hospital detention order

high court orders surrender over uk hospital detention order the rejected objections to under a european arrest warrant, finding indefinite with restrictions could qualify as governing law. [2007] iehc 443 ordered of m united kingdom rejecting that and imposed there were outside warrant system or am

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Courts Service · 2007-12-19 · courts

Anthony Kelly refused legal costs after acquittal in Brian Fitzgerald murder trial

anthony kelly refused legal costs after acquittal in brian fitzgerald murder trial [2007] iehc 450 central criminal court has been his despite being acquitted of the limerick nightclub security director fitzgerald. mr was shot outside home at 51 brookhaven walk early hours 29 november 2002. prosecut

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Courts Service · 2007-12-19 · courts

Supreme Court says summary charges do not alone make earlier detention unlawful

supreme court says summary charges do not alone make earlier detention unlawful in two appeals by way of case stated, the answered four legal questions about garda powers. whether statutory conditions were met remained for district to decide on evidence. has ruled that a later decision bring does no

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Courts Service · 2007-12-19 · courts

High Court refuses mid-trial bid to inspect breath-testing machine

high court refuses mid-trial bid to inspect breath-testing machine the declined judicial review of refusals allow inspection an intoximeter after prosecution had closed its case, leaving open possibility examination on appeal if driver received adverse finding. [2007] iehc 474 refused a driver’s app

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Courts Service · 2007-12-18 · courts

High Court finds solicitor missed deadline but rejects negligence claim

high court finds solicitor missed deadline but rejects negligence claim the found that proceedings should have been issued before june 1996, concluded plaintiff had not proved he lost a viable injury claim. it also 2003 action was statute barred. [2007] iehc 429 alan cleland breached his professiona

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Courts Service · 2007-12-18 · courts

High Court refuses former lorry driver’s bid to keep receiving salary pending trial

high court refuses former lorry driver’s bid to keep receiving salary pending trial the interlocutory application concerned pay after dismissal; underlying claim about fairness of disciplinary process remained for trial. [2007] iehc 432 refused a continue his while he pursued over that led dismissal

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Courts Service · 2007-12-18 · courts

High Court rules Keane company split was not a stamp-duty reconstruction

high court rules keane company split was not a stamp-duty reconstruction the answered “no” in case stated by circuit court, finding arrangement partition and did qualify as bona fide under section 80. [2007] iehc 466 ruled that 2001 division of patrick w. limited partition, eligible for relief. it t

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Courts Service · 2007-12-18 · courts

High Court dismisses Kelly’s company oppression petition

high court dismisses kelly’s company oppression petition the found no sustainable evidence that company’s affairs had been conducted oppressively and dismissed after petitioner’s case closed. [2007] iehc 436 vincent under section 205 of companies act 1963, finding new ad advertising limited towards

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Courts Service · 2007-12-14 · courts

High Court allows delayed birth injury claim to proceed

high court allows delayed birth injury claim to proceed the refused applications by three defendants dismiss or set aside renewed summonses, finding that delay was serious but had not shown sufficient prejudice justify stopping a trial. [2007] iehc 431 has north western health board and two doctors

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Courts Service · 2007-12-14 · courts

High Court rejects neighbours’ bid to compel Dublin City Council to act over neglected house

high court rejects neighbours’ bid to compel dublin city council act over neglected house the found no. 19 northumberland road was in serious disrepair but did not meet statutory definition of a derelict site. it also said evidence establish that building dangerous. [2007] iehc 425 has rejected an a

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Courts Service · 2007-12-14 · courts

High Court refuses bid to stop Limerick manslaughter prosecution

high court refuses bid to stop limerick manslaughter prosecution the declined judicial review, finding applicant had not established blameworthy delay or specific prejudice. it also refused relief on discretionary grounds linked his failure appear for trial. [2007] iehc 434 has an application prohib

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Courts Service · 2007-12-14 · courts

High Court refuses bid to halt Dundalk assault trial over missing CCTV

high court refuses bid to halt dundalk assault trial over missing cctv the found gardaí should have sought camera footage promptly, but ruled applicants had not shown its absence created a real and substantial risk of an unfair trial. [2007] iehc 433 refused application by ciaran david matthews proh

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Courts Service · 2007-12-14 · courts

High Court orders Gavin family to leave Fingal Council land after rejecting accommodation claim

high court orders gavin family to leave fingal council land after rejecting accommodation claim the granted county an injunction stop trespass at thomondtown and ordered those occupying remove themselves their property. it dismissed family’s counterclaim for accommodation. [2007] iehc 444 members of

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Courts Service · 2007-12-14 · courts

Builder wins judgment over €233,098 construction claim, with most enforcement stayed

builder wins judgment over €233,098 construction claim, with most enforcement stayed the high court entered for company but of any amount above €100,000 pending arbitration employer’s defective-floor claim. [2007] iehc 435 kathleen moohan and john bradley trading as on their €233,098.34 claim agains

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Courts Service · 2007-12-14 · courts

High Court says defendants must plead before further fraud particulars are provided

high court says defendants must plead before further fraud particulars are provided the allowed national educational welfare board to defer until after discovery or interrogatories, while requiring file a defence within reasonable extension. [2007] iehc 428 has ruled that may providing of its claim

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Courts Service · 2007-12-14 · courts

High Court refuses challenge to Tallaght stadium decision

high court refuses challenge to tallaght stadium decision the declined quash south dublin county council’s february 2006 proceed with its original proposal after funding for a modified plan was unavailable. [2007] iehc 426 has refused judicial review soccer at sean walsh memorial park in tallaght. c

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Courts Service · 2007-12-14 · courts

Supreme Court refuses leave to challenge Trinity Visitors’ ruling on bullying complaint

supreme court refuses leave to challenge trinity visitors’ ruling on bullying complaint the found no arguable basis review decision that they lacked jurisdiction, because trinity’s board had made from which an appeal could be brought. has dismissed patrick kelly’s application for seek judicial of a

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Courts Service · 2007-12-13 · courts

High Court orders plaintiffs to pay costs after losing legal aid case

high court orders plaintiffs to pay costs after losing legal aid case the declined depart from usual rule that follow event, ordering for both board and state parties. [2007] iehc 448 ordered catherine martin diarmuid doorley of parties dismissing their challenge access files. in a judgment on deliv

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Courts Service · 2007-12-13 · courts

High Court refuses leave to challenge deportation and residency decisions

high court refuses leave to challenge deportation and residency decisions mr justice hedigan refused the three applicants permission seek judicial review, finding insufficient evidence that they depended on fourth applicant. [2007] iehc 446 review of orders refusing them residence permits under eu l

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Courts Service · 2007-12-13 · courts

High Court refuses interim order to prevent asylum seeker’s transfer to UK

high court refuses interim order to prevent asylum seeker’s transfer uk the judge found balance of convenience lay against applicants, while recognising that would disrupt family life. [2007] iehc 458 refused an application for interlocutory in a judicial review case concerning liberian applicant un

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Courts Service · 2007-12-13 · courts

High Court refuses to halt deportation while judicial review proceeds

high court refuses to halt deportation while judicial review proceeds the declined an interim injunction against deportation, citing existing order, applicant’s conduct and public interest in immigration control. underlying remained unresolved. [2007] iehc 447 has refused request temporarily restrai

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Courts Service · 2007-12-12 · courts

High Court refuses leave to challenge refugee decision by judicial review

high court refuses leave to challenge refugee decision by judicial review the said applicant’s complaints should be addressed through act appeal process, which it considered adequate. [2007] iehc 441 refused an applicant seek of a that she had not established well-founded fear persecution. mr justic

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Courts Service · 2007-12-11 · courts

Appeal court replaces suspended sentence with 240 hours of community service

appeal court replaces suspended sentence with 240 hours of community service the criminal found for dangerous driving causing death did not provide general deterrence, but left six-year disqualification in place. replaced a fully prison imposed on james o’reilly order requiring him to complete work.

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Courts Service · 2007-12-11 · courts

High Court sends asylum appeal back for rehearing over failure to assess full claim

high court sends asylum appeal back for rehearing over failure to assess full claim the found that refugee appeals tribunal focused on applicant’s alleged political party activity without addressing broader family, village and tribal basis of his stated fear return. [2007] iehc 422 has ordered a fre

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Courts Service · 2007-12-09 · courts

High Court dismisses Paddy Power’s appeal over solicitor misconduct complaints

high court dismisses paddy power’s appeal over solicitor misconduct complaints the found evidence supported disciplinary tribunal’s rejection of five allegations against mark doyle, while identifying an error about a text message. [2007] iehc 375 has dismissed solicitors tribunal decision rejecting

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Courts Service · 2007-12-07 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision mr justice feeney ruled that two moldovan applicants had not shown substantial grounds the refugee appeals tribunal’s refusal of their appeals. [2007] iehc 415 has refused relief sought by nationals who challenged a tribunal rejecting deli

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Courts Service · 2007-12-07 · courts

High Court rejects challenge to Legal Aid Board safeguards in applicant’s case

high court rejects challenge to legal aid board safeguards in applicant’s case the refused relief sought a judicial review concerning for proceedings against board, finding statutory and procedural sufficient. [2007] iehc 413 by dolores mannion challenging how handled her application bring firm of s

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Courts Service · 2007-12-07 · courts

High Court dismisses firefighter’s claim over promotion marks error

high court dismisses firefighter’s claim over promotion marks error the found that dublin city council breached a duty of care by issuing inaccurate competition results, but ruled firefighter had not suffered an injury for which damages could be awarded. [2007] iehc 416 dismissed after finding resul

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Courts Service · 2007-12-06 · courts

High Court reserves €109,500 damages undertaking decision for trial

high court reserves €109,500 damages undertaking decision for trial the declined to order immediate payment lowenergy solutions, leaving enforcement of estuary logistics’ judge amid unresolved questions about parties’ supply contract and risk repayment. [2007] iehc 410 has reserved whether logistics

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Courts Service · 2007-12-06 · courts

High Court quashes dismissals of seven drink-driving prosecutions over delay

high court quashes dismissals of seven drink-driving prosecutions over delay the ruled that district judge applied wrong test when dismissing cases without hearing evidence on who caused delay. it ordered requested judicial review relief. [2007] iehc 407 quashed orders for alleged road traffic offen

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Courts Service · 2007-12-06 · courts

Supreme Court reverses High Court costs award to Dunne

supreme court reverses high costs award to dunne the ordered unsuccessful appellant pay respondents’ of proceedings and his appeal, applying usual rule that follow event. has overturned an order awarded dominic after he lost a challenge concerning legislation for south eastern route road project. it

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Courts Service · 2007-12-06 · courts

Court refuses leave to appeal conviction for IRA membership

court refuses leave to appeal conviction for ira membership the of criminal rejected vincent kelly’s application his five-year sentence and conviction, finding special was entitled weigh evidence cumulatively. refused kelly an unlawful organisation imposed by court. in a judgment delivered on 6 dece

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Courts Service · 2007-12-05 · courts

Supreme Court defers extensive telecoms data discovery until liability is decided

supreme court defers extensive telecoms data discovery until liability is decided the allowed eircom’s appeal against a high order, finding requested extraction unnecessary and disproportionate at that stage. dome may renew its application if it succeeds on liability. eircom limited’s an order requi

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Courts Service · 2007-12-05 · courts

John Deere harvester design led to full indemnity order after worker’s hand was crushed

john deere harvester design led to full indemnity order after worker’s hand was crushed the high court found machine’s rear inspection hatch dangerously close its blower paddles and ruled that suppliers were entitled a complete from manufacturer. [2007] iehc 409 model 6810 not fit for purpose worker

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Courts Service · 2007-12-05 · courts

High Court temporarily restrains post-mortem pending trial of widow’s challenge

high court temporarily restrains post-mortem pending trial of widow’s challenge the found a fair issue to be tried over coroner’s decision order an examination, but did not decide whether that should ultimately quashed. [2007] iehc 419 has restrained coroner for dublin county from arranging examinat

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Courts Service · 2007-12-05 · courts

Supreme Court sets aside costly call-data discovery order in Dome Telecom case

supreme court sets aside costly call-data discovery order in dome telecom case the allowed eircom’s appeal over a detailed breakdown of call traffic, but left free to seek material again after liability is determined. eircom plc’s against high requiring it produce data ltd’s damages action. said cou

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Courts Service · 2007-12-05 · courts

Supreme Court dismisses Eircom appeals over call-traffic discovery

supreme court dismisses eircom appeals over call-traffic discovery the upheld orders requiring to provide monthly traffic information for specified 1800 numbers in two call-card competition cases, finding no legal error high court’s decision. dismissed limited’s against it linked freephone numbers.

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Courts Service · 2007-12-05 · courts

High Court orders surrender to Poland after finding hearing notices were duly sent

high court orders surrender to poland after finding hearing notices were duly sent the ordered piotr pacanowski’s serve four polish prison sentences, concluding that available material did not require a retrial assurance under section 45. [2007] iehc 417 sentences he had been notified of relevant he

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Courts Service · 2007-12-04 · courts

High Court rules 1847 public begging offence unconstitutional

high court rules 1847 public begging offence unconstitutional the held that under section 3 of vagrancy (ireland) act violated constitutional protections, while noting legislature could regulate how and where takes place. [2007] iehc 480 has ruled in a place violates constitution. judgment delivered

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Courts Service · 2007-12-04 · courts

High Court refuses interim injunction over hedge beside Adare road

high court refuses interim injunction over hedge beside adare road the declined to stop limerick county council from exercising any statutory powers cut back a hedge, while leaving underlying property and damage disputes for trial. [2007] iehc 414 court, dublin refused james harden’s application an

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Courts Service · 2007-12-04 · courts

Supreme Court orders completion of Clare land sale after vendor withdrew agreement too early

supreme court orders completion of clare land sale after vendor withdrew agreement too early the found could not withdraw a renewed concession before its extended deadline. specific performance was ordered, subject to payment contractual interest. ordered contract for 6.6 acres in county clare, find

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Courts Service · 2007-12-04 · courts

Supreme Court allows purchaser’s appeal in Clare land sale dispute

supreme court allows purchaser’s appeal in clare land sale dispute the held that vendor was estopped from relying on an earlier rescission after agreeing to a renewed closing date. it ordered specific performance, with limits interest and damages. allowed over ennis, county clare, holding could not

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Courts Service · 2007-12-04 · courts

High Court orders District Judge to hear application to re-enter dangerous-driving summons

high court orders district judge to hear application re-enter dangerous-driving summons the found had not exercised her jurisdiction on re-entry application. it ordered and determine it, without deciding underlying charge. [2007] iehc 405 has a an alleging dangerous driving in westport, mayo. order

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Courts Service · 2007-12-04 · courts

Supreme Court dismisses package holiday organiser’s appeal over hotel fall

supreme court dismisses package holiday organiser’s appeal over hotel fall the upheld high court’s finding that service was not provided with reasonable skill and care after a guest slipped on an unmarked food spill in spain. dismissed by falcon leisure group (overseas) ltd affirmed order favour of

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Courts Service · 2007-12-03 · courts

High Court sets aside leave to challenge Housing Act possession process

high court sets aside leave to challenge housing act possession process the removed for constitutional challenges section 62 and lifted stays on a warrant circuit appeal. it left remainder of its earlier order in place. [2007] iehc 404 set vicky leonard seek declarations that 1966 was unconstitution

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Courts Service · 2007-12-03 · courts

High Court refuses liquidator’s €42,267.50 investigation-cost claim in restriction case

high court refuses liquidator’s €42,267.50 investigation-cost claim in restriction case the made requested five-year declarations against two former directors and ordered them to pay application costs. it refused separate for investigation remuneration because a later statutory amendment did not app

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Courts Service · 2007-12-03 · courts

High Court rules employee was not entitled to wages to end of July

high court rules employee was not entitled to wages end of july the allowed employer’s appeal on notice-pay issue, finding employment appeals tribunal erred in law. holiday-pay and bonus awards were outside as pursued. [2007] iehc 437 ruled that a former b-lex limited through 2005, after his conduct

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