Courts Service · 2008-02-29 · courts
high court dismisses waterford couple’s claim over sewage works and damaged floor the found council were probably linked to water entering plaintiffs’ home, but held was not liable in negligence or nuisance because it could reasonably have been expected discover an unmapped 17th-century culvert. [20
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Courts Service · 2008-02-28 · courts
high court orders discovery of kerry council legal advice in default-planning-permission case the found that had waived privilege over placed on a public planning file, and ordered single document. it did not decide whether permission been granted by default. [2008] iehc 48 has county to disclose do
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Courts Service · 2008-02-28 · courts
high court sets aside default judgment in solicitor negligence case on strict terms the defendants may defend claim one specified issue about plaintiffs’ instructions and a state indemnity. they must meet tight procedural deadlines pay costs to date. [2008] iehc 49 set against casey & company solici
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Courts Service · 2008-02-28 · courts
high court refuses bid to vacate lis pendens over laois lands the held that late registration without notice defendants did not justify cancelling notice, where underlying land claims were challenged as lacking bona fides. [2008] iehc 50 has refused an application by donal morrissey and two companie
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Courts Service · 2008-02-27 · courts
high court refuses to stay irish proceedings over parallel georgia case the held that brussels regulation rules required dispute proceed in ireland, despite earlier united states. [2008] iehc 90 court, commercial has refused brought by goshawk dedicated limited, kite limited and two cavell companies
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Courts Service · 2008-02-27 · courts
high court refuses challenge to planning condition protecting barrow floodplain the declined quash a attached permission for 229 homes near monasterevin, finding that board had relevant evidence support it. [2008] iehc 46 has refused by corbally limited, david o’reilly and john restricting developme
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Courts Service · 2008-02-25 · courts
high court confirms mcenaney construction scheme after share cancellation proposal is revised the declined to confirm original proposals over their treatment of issued shares and unspecified changes company’s articles. it confirmed modified on 14 february 2008, while explaining limits its powers. [2
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Courts Service · 2008-02-25 · courts
supreme court rejects appeal seeking tobin’s surrender to hungary the ruled that a man who left with official approval before his trial had not “fled” within meaning of ireland’s european arrest warrant act. dismissed minister for justice’s ciarán francis tobin hungary, ruling departure from country
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Courts Service · 2008-02-25 · courts
supreme court upholds dismissal of delayed building dispute claim the dismissed a homeowner’s appeal after finding 20-month delay in delivering statement was inordinate and inexcusable. gerald j. p. stephens’s affirmed an order striking out his against paul flynn limited for want prosecution. concer
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Courts Service · 2008-02-22 · courts
high court finds email from defendant’s son was contempt and sets charity payment condition after a commercial case settled, the found simon kelly’s to plaintiff intended deter him continuing action. it took no further action on issue subject €20,000 within 14 days, ordered kelly pay third-day heari
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Courts Service · 2008-02-22 · courts
high court refuses challenge to waste prosecution after finding relevant statements were not disclosed the refused an application prohibit a trial under management act 1996, citing that put before judge who granted leave for judicial review. [2008] iehc 87 has anthony dean’s his on waste-related cha
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Courts Service · 2008-02-21 · courts
court of criminal appeal dismisses challenge to admission interview statements the treated an application for leave as hearing and dismissed it, concluding that combined circumstances did not make admissions inadmissible. p. a.’s over made during a garda interview, after treating his appeal. conclud
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Courts Service · 2008-02-21 · courts
high court rules ballyhaunis sale vat is a liquidation expense the directed that fitz-pack cartons’ liability accrued when property completed in february 2005, after company entered liquidation. [2008] iehc 41 ruled on of former cartons limited premises completed, making tax necessary company’s judg
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Courts Service · 2008-02-21 · courts
high court bars prosecution of vulnerable child after delay the found blameworthy and held that circumstances made it unfair or unjust for to face trial. [2008] iehc 39 has allowed a child’s judicial review application barred from proceeding on an arson charge, finding combined with particular vulne
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Courts Service · 2008-02-20 · courts
high court orders surrender to sweden after rejecting five objections the found that warrant was for prosecution, and respondent’s concerning legal costs, pre-trial release detention did not bar surrender. [2008] iehc 37 has ordered thomas ollsen’s under a european arrest warrant, his request. mr ju
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Courts Service · 2008-02-20 · courts
high court rejects challenge to refusal of nigerian woman’s leave land the found that an immigration officer had reasonable grounds refuse her entry in 2006, while stressing any later removal would require formal deportation process. [2008] iehc 35 has rejected a judicial review by woman officer’s 2
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Courts Service · 2008-02-19 · courts
high court grants limited leave to challenge refusal revoke nigerian woman’s deportation order the allowed one article 8 family-rights ground proceed, but did not decide whether minister’s was unlawful. [2008] iehc 80 has granted g.o. minister for justice’s her order, on a concerning family rights o
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Courts Service · 2008-02-19 · courts
high court refuses leave to challenge cork wind turbine permission residents argued that a fault in county council’s online planning search had kept them from learning of application time object. the found no substantial grounds and dismissed their application. [2008] iehc 76 has residents’ for brin
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Courts Service · 2008-02-18 · courts
high court refuses to pause ringaskiddy planning and waste-licence challenges the declined adjourn two judicial review cases pending european proceedings, saying it was bound by a supreme ruling on environmental assessment rules. [2008] iehc 34 refused applications stay or generally concerning permi
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Courts Service · 2008-02-15 · courts
high court refuses romanian woman’s request over prosecution and refugee convention the rejected a judicial review application seeking to require director of public prosecutions consider withdrawing charges linked false passport. [2008] iehc 30 has refused for an order requiring (dpp) her withdraw u
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Courts Service · 2008-02-15 · courts
high court limits tipperary raceway to seasonal racing after finding nuisance and unauthorised intensification the ordered operators follow 1981 planning permission, including on race days advance notice neighbours. it made no order about site’s physical structures left damages for later. [2008] ieh
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Courts Service · 2008-02-15 · courts
high court rules arklow drink-driving arrest unlawful after garda mistook attempted driving for being in charge the answered a district case stated negative, finding under section 50 irrational and resulting blood evidence inadmissible. it did not decide underlying complaint. [2008] iehc 457 ruled t
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Courts Service · 2008-02-15 · courts
high court dismisses doctor’s challenge to medical council inquiry the rejected arguments about committee’s wording, membership and identity of applicant, dismissed judicial review application. [2008] iehc 31 a application challenging decision proceed with into alleged professional misconduct. wordi
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Courts Service · 2008-02-14 · courts
supreme court finds esb 75% responsible for harvester accident involving overhead wires the allowed an appeal from dismissal of a personal injury action, found and remitted case to high assess damages. by agricultural contractor whose made contact with electricity while he was harvesting silage in f
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Courts Service · 2008-02-14 · courts
court refuses dpp bid to increase nine-year rape sentence the of criminal appeal held that sentence, together with a post-release supervision order, was not unduly lenient. has refused director public prosecutions’ application review prison imposed on martin stafford for rape, finding delivered judg
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Courts Service · 2008-02-13 · courts
appeal court rejects conviction challenge but cuts limerick threat sentence to seven years the of criminal refused leave wayne dundon’s conviction, ruled that original 10-year wrongly took account a later shooting for which he was not charged. has rejected application his threatening kill ryan lee,
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Courts Service · 2008-02-12 · courts
galway fire service liable after fireman falls on dark bog, high court finds the found that inadequate lighting contributed to a fireman’s fall during night-time bog response, but attributed 20% of blame him. it entered judgment for €94,589.60. [2008] iehc 57 county council part-time was injured cro
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Courts Service · 2008-02-08 · courts
high court rejects workers’ bid for strike-period wages and pension restoration the said applicants were entitled to pay short period after their unlawful removal from payroll before they went on strike, but dismissed application relief covering strike period. [2008] iehc 95 a judicial review by civ
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Courts Service · 2008-02-08 · courts
appeal court adjourns sentence challenge pending psychological and probation reports the of criminal found that sentencing judge erred by proceeding without needed to assess applicant’s personal circumstances. it did not decide whether her 15-year was too severe. adjourned linda mulhall’s applicatio
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Courts Service · 2008-02-08 · courts
high court rejects challenge to €500 speeding conviction the dismissed patrick kenny’s judicial review his district conviction, finding no breach of fair procedures in trial judge’s handling disclosure, cross-examination or reasons. [2008] iehc 28 has that proceedings did not rights natural justice
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Courts Service · 2008-02-06 · courts
high court refuses leave for judicial review over asylum decision the said applicant’s complaints about credibility findings could be addressed through his pending appeal to refugee appeals tribunal. [2008] iehc 36 refused an iranian applicant seek of a recommendation that he not declared refugee, f
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Courts Service · 2008-02-05 · courts
high court rejects tenant’s appeal over blackrock town hall letting the upheld circuit court’s refusal of a new tenancy, finding agreement was for temporary convenience and excluded from 1980 act. [2008] iehc 26 has tenancy to like it love products limited premises at hall, excluding library rates o
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Courts Service · 2008-02-05 · courts
high court refuses challenge to tribunal’s rent collector dismissal decision the found that an error in employment appeals explanation of why collection ended was immaterial its applicant had his own employment. [2008] iehc 40 has refused application quash tribunal dismissing a former cork city coun
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Courts Service · 2008-02-01 · courts
high court rejects challenge to central mental hospital detention renewal the held that cork psychiatrist who signed order had a close, continuing role in patient’s care and was entitled do so under health act 2001. [2008] iehc 44 rejected an application release anonymised patient from hospital, fin
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Courts Service · 2008-02-01 · courts
court refuses review application in 1981 murder conviction the of criminal appeal ruled that previously undisclosed post-mortem photographs were newly discovered facts, but found they did not undermine michael joseph kelly’s conviction. it rejected his cusum-based challenge to confession. has refuse
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Courts Service · 2008-02-01 · courts
supreme court sets aside restriction order against tralee beef director the allowed an appeal by non-executive simon coyle, finding serious concerns about procedures that led to high order. has chartered accountant coyle’s a five-year arising from liquidation of and lamb ltd, set him. made in july 2
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Courts Service · 2008-02-01 · courts
high court refuses to let defendant add time-bar plea injury case the held that plaintiff could rely on defendant’s repeated representation liability would not be an issue, and dismissed application amend defence. [2008] iehc 83 refused a statute of limitations defence personal injuries proceedings
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