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Courts Service · 2008-03-31 · courts

High Court rejects challenge to Dublin City Council’s summary housing possession process

high court rejects challenge to dublin city council’s summary housing possession process the held that judicial review of decision end a tenancy provided sufficient safeguards under convention in this case. it refused relief sought. [2008] iehc 79 has rejected procedure used recover council home aft

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Courts Service · 2008-03-31 · courts

Airscape wins High Court contract dispute over delayed Park West works

airscape wins high court contract dispute over delayed park west works the found heaslon properties had persistently failed to cooperate with agreed at unit s4, but split retained funds between companies and dismissed heaslon’s counterclaim. [2008] iehc 82 has ruled that ltd fundamentally breached i

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Courts Service · 2008-03-22 · courts

High Court dismisses renewed detention inquiry application

high court dismisses renewed detention inquiry application the reviewed further submissions and three committal warrants, but found no sufficient basis to convene a formal hearing under article 40.4 of constitution. [2008] iehc 67 dismissed by man detained at loughan house prison who sought an into

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Courts Service · 2008-03-21 · courts

High Court refuses inquiry into detention under committal warrant

high court refuses inquiry into detention under committal warrant the judge found no sufficient basis to examine behind a man’s at loughan house prison. [2008] iehc 66 refused an application for lawfulness of prison, finding material before it gave look that appeared valid on its face. in judgment d

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Courts Service · 2008-03-20 · courts

High Court permits production of Omagh case evidence books, bars criminal trial transcripts

high court permits production of omagh case evidence books, bars criminal trial transcripts the found a legal impediment to producing official for civil damages action in northern ireland, but waived an assumed restriction on books this case. [2008] iehc 122 has ruled that five defendants ireland ar

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Courts Service · 2008-03-14 · courts

Court of Criminal Appeal orders retrial after jury deliberates late into hot day

court of criminal appeal orders retrial after jury deliberates late into hot day the found a real risk that jurors were extremely tired lasting nearly 13 hours, and ruled trial judge had wrongly left decision on further deliberations to them. has allowed an by m. j. against four indecent assault con

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Courts Service · 2008-03-14 · courts

High Court upholds horticultural exemption for 2.5 acres at Cork nursery

high court upholds horticultural exemption for 2.5 acres at cork nursery the affirmed valuation tribunal’s decision that land was not rateable, but sent container-store issue back to tribunal because it had been properly raised on appeal. [2008] iehc 73 has upheld a of site are exempt from commercia

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Courts Service · 2008-03-14 · courts

High Court rejects vendor’s attempt to rescind land sale after access dispute

high court rejects vendor’s attempt to rescind land sale after access dispute the held that monica kiely had not validly rescinded delaneys, citing her delay and conduct a right-of-way problem emerged. [2008] iehc 69 has ruled 2002 ronald patricia delaney was rescinded, rejecting vendor kiely’s rely

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Courts Service · 2008-03-14 · courts

High Court rejects Garda officer’s bid to halt disciplinary inquiry

high court rejects garda officer’s bid to halt disciplinary inquiry the found no breach of discipline regulations or demonstrated prejudice, and also refused judicial review because application was unexplained not brought promptly. [2008] iehc 72 rejected a stop sworn into alleged misconduct, findin

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Courts Service · 2008-03-14 · courts

High Court defers EU law reference request in UCD course disclosure appeal

high court defers eu law reference request in ucd course disclosure appeal the said it could not decide whether a to european of justice was needed until heard over access applicants’ records. [2008] iehc 464 deferred refer questions about equality justice, saying premature an records from universit

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Courts Service · 2008-03-14 · courts

Criminal Appeal Court dismisses Mallow rape conviction challenge

criminal appeal court dismisses mallow rape conviction challenge the treated application for leave to as itself and dismissed it, rejecting grounds pursued by applicant. 240 of 03 an challenging a arising from alleged offence in mallow, co cork, 1996. it hearing itself. applicant, identified judgmen

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Courts Service · 2008-03-14 · courts

High Court quashes aerodrome planning condition over inadequate reasons

high court quashes aerodrome planning condition over inadequate reasons the rejected weston’s challenge to board’s authority impose condition, but found its stated reason and remitted matter for reconsideration. [2008] iehc 71 has granted judicial review of an bord pleanála attached retention permis

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Courts Service · 2008-03-14 · courts

High Court refuses to halt prosecution over delay, leaves appeal to Circuit Court

high court refuses to halt prosecution over delay, leaves appeal circuit the dismissed michael berry’s judicial review application after finding no demonstrated real risk of an unfair trial from delay. his against district conviction remained available for a full rehearing. [2008] iehc 97 seeking qu

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Courts Service · 2008-03-14 · courts

High Court grants pharmacies interim injunction in HSE remuneration dispute

high court grants pharmacies interim injunction in hse remuneration dispute the found a fair issue for trial and said evidence indicated proposed changes could push pharmacy company into insolvency. it made no finding on merits of contract claim. [2008] iehc 106 granted an interlocutory to five o’su

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Courts Service · 2008-03-13 · courts

High Court orders Davy judicial review to be heard before bond appeal

high court orders davy judicial review to be heard before bond appeal the set sequence for two proceedings over an ombudsman decision involving enfield credit union, leaving merits later. [2008] iehc 64 court, commercial list has directed that davy’s challenge a financial services its separate on me

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Courts Service · 2008-03-13 · courts

Court of Criminal Appeal rules bail offences need not all carry cumulative consecutive sentences

court of criminal appeal rules bail offences need not all carry cumulative consecutive sentences the held that section 11 does require every sentence for committed on to run consecutively, and reduced applicant’s total prison term from years nine. ruled justice act 1984 while an offender is consecut

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Courts Service · 2008-03-13 · courts

High Court orders surrender under Netherlands arrest warrant

high court orders surrender under netherlands arrest warrant the rejected objections to warrant’s detail and unsigned copy initially sent ireland, after receiving a signed information from issuing prosecutor. [2008] iehc 81 ordered of clive kavanagh european warrant, ruling that initial transmission

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Courts Service · 2008-03-12 · courts

Supreme Court dismisses five prisoners’ challenges to detention

supreme court dismisses five prisoners’ challenges to detention the said jurisdiction issues had already been decided with statutory finality and, separately, that appeals would fail even if they could be heard. dismissed by convicted prisoners who sought release under article 40 of constitution, ch

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Courts Service · 2008-03-12 · courts

Supreme Court says bail remains available after surrender order

supreme court says bail remains available after surrender order the dismissed algimantas butenas’s constitutional challenge to his detention pending lithuania, ruling that high retained discretion consider bail. it did not release. has ruled retains an inherent grant a person whose another state bee

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Courts Service · 2008-03-12 · courts

Supreme Court dismisses appeal against surrender to UK

supreme court dismisses appeal against surrender to uk the rejected arguments based on delay, medical condition and an alleged expectation that a scottish prosecution would not proceed. high court’s order remained in place. dismissed david johnston’s for his united kingdom under european arrest warr

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Courts Service · 2008-03-12 · courts

Supreme Court awards full estate costs after failed will challenge

supreme court awards full estate costs after failed will challenge the allowed anastasia elliott’s appeal over costs, finding it was reasonable to continue probate proceedings a hearing. high court’s findings that valid and free from undue influence were not appealed. has in dispute, awarding plaint

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Courts Service · 2008-03-10 · courts

High Court refuses to set aside council’s third-party claim over road crash

high court refuses to set aside council’s third-party claim over road crash the allowed more time regularise service of a notice against neighbouring property owner, after finding council acted with reasonable dispatch and no prejudice was claimed. [2008] iehc 63 has refused an application order all

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Courts Service · 2008-03-10 · courts

High Court dismisses Kennedy’s claim for further interest on costs

high court dismisses kennedy’s claim for further interest on costs the said was due from july 2003 order until payment in november 2006, and that this had already been paid. [2008] iehc 70 dismissed giles j. €261,187.88 legal costs, ruling no sum law society of ireland. mr justice george birmingham

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Courts Service · 2008-03-07 · courts

High Court rejects challenge to interim mackerel quota deductions

high court rejects challenge to interim mackerel quota deductions the upheld minister’s provisional 2008 allocation while a review of alleged undeclared landings continued. it treated 2007 shortfall as consequence an earlier decision, with any further relief left for later consideration. [2008] iehc

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Courts Service · 2008-03-07 · courts

High Court rejects challenge to South Dublin public drinking bye-laws

high court rejects challenge to south dublin public drinking bye-laws the dismissed a judicial review application seeking stop prosecution, holding that council acted within its bye-law powers. it did not decide whether applicant committed alleged offence. [2008] iehc 84 county council’s bye-laws, r

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Courts Service · 2008-03-07 · courts

High Court overturns contract finding in Cork waste collection cases

high court overturns contract finding in cork waste collection cases the held that household arrangements between city council and residents were governed by statute public law, not contract. it left any possible law claim outside before it. [2008] iehc 94 has ruled council’s relationship with house

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Courts Service · 2008-03-07 · courts

High Court provisionally directs modular trial in Cork Plastics product dispute

high court provisionally directs modular trial in cork plastics product dispute the favoured hearing liability and damages issues separate stages, but left open a limited opportunity to revisit that approach after witness statements are exchanged. [2008] iehc 93 has directed be heard separately from

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Courts Service · 2008-03-06 · courts

High Court dismisses challenge to seven-day contempt sentence

high court dismisses challenge to seven-day contempt sentence the rejected kevin tracey’s judicial review a district order committing him prison for contempt, finding judge had given an opportunity respond before imposing sentence. [2008] iehc 59 has dismissed application of that committed mountjoy

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Courts Service · 2008-03-06 · courts

High Court rejects Tracey’s challenge to careless driving conviction

high court rejects tracey’s challenge to careless driving conviction the refused judicial review relief, finding district judge acted within his discretion and that was supported by evidence. [2008] iehc 60 has kevin application for of a decision convicting him driving, sufficient evidence convictio

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Courts Service · 2008-03-05 · courts

Supreme Court dismisses McFarlane appeal to stop trial

supreme court dismisses mcfarlane appeal to stop trial the rejected a second attempt prohibit on serious charges, finding that delay in earlier judicial review proceedings did not justify stopping prosecution. dismissed brendan mcfarlane’s against refusal of his application charges including false i

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Courts Service · 2008-03-05 · courts

High Court orders surrender to Romania over 2002 theft sentence

high court orders surrender to romania over 2002 theft sentence the rejected objections based on respondent’s trial in his absence and departure from romania, ordered under european arrest warrant act. [2008] iehc 61 of marian-constantin ciobanica serve a three-year prison for theft, after rejecting

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Courts Service · 2008-03-05 · courts

Supreme Court says DPP may appeal ruling in newspaper contempt case

supreme court says dpp may appeal ruling in newspaper contempt case justice fennelly concluded that the high judge was not sitting as central criminal when she refused dpp’s application. judgment addresses only whether an is barred by statute. ruled director of public prosecutions a decision refusin

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Courts Service · 2008-03-05 · courts

Supreme Court dismisses McFarlane appeal over delay in Tidey abduction prosecution

supreme court dismisses mcfarlane appeal over delay in tidey abduction prosecution the found that blameworthy prosecutorial or systemic had not been established to degree needed stop trial, and no actual prejudice was shown. has dismissed brendan mcfarlane’s seeking his 1983 of businessman don death

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Courts Service · 2008-03-05 · courts

Supreme Court says contempt motion was not heard by Central Criminal Court

supreme court says contempt motion was not heard by central criminal in a judgment on jurisdictional issue, the held that high judge who refused dpp’s application sitting as court. it left broader appeal question undecided. 221/05 hearing summary court, leaving separate about director of public pros

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Courts Service · 2008-03-05 · courts

Supreme Court declines DPP appeal after contempt case acquittal

supreme court declines dpp appeal after contempt case acquittal the ruled that high had exercised criminal jurisdiction and legislation barred an from its decision to dismiss proceedings. declined hear director of public prosecutions’ against dismissal proceedings independent newspapers (ireland) li

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Courts Service · 2008-03-05 · courts

Supreme Court dismisses McFarlane appeal over delay in criminal proceedings

supreme court dismisses mcfarlane appeal over delay in criminal proceedings the rejected seeking to prohibit a trial, while leaving broader questions about systemic for future case. no. 60/2007 dismissed brendan mcfarlane’s his trial because of alleged delay, with mr justice geoghegan agreeing judgm

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Courts Service · 2008-03-04 · courts

High Court strikes out late third-party notice in Waterford building-damage case

high court strikes out late third-party notice in waterford building-damage case the found that triangle developments had not adequately explained delays seeking to bring professional-negligence proceedings against frank fox & associates. [2008] iehc 52 has struck a brought by limited and george wad

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Courts Service · 2008-03-04 · courts

Supreme Court allows DPP appeal over judicial review of pending assault trial

supreme court allows dpp appeal over judicial review of pending assault trial the held that accused had not shown an unavoidable risk unfair and dismissed application. it did decide whether separate challenge based on delay in seeking leave was valid. has allowed director public prosecutions’ applic

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Courts Service · 2008-03-04 · courts

High Court orders fresh review of deportation decision after finding child’s rights were not properly considered

high court orders fresh review of deportation decision after finding child’s rights were not properly considered the said minister lacked sufficient information to assess an irish-born constitutional when refusing revoke father’s order. it directed reconsideration but did decide whether father could

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Courts Service · 2008-03-04 · courts

High Court orders return of two children to France after finding wrongful retention

high court orders return of two children to france after finding wrongful retention the rejected father’s grave-risk defence under hague convention, while stressing that it was not deciding parents’ wider disputes about children’s care. [2008] iehc 51 court, family law ordered children, identified a

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Courts Service · 2008-03-04 · courts

High Court orders surrender to UK for prosecution over escape from custody

high court orders surrender to uk for prosecution over escape from custody the rejected objections surrender, concluding that request was solely in england and would not lead respondent serving balance of his jersey sentence. [2008] iehc 54 has ordered michael breen’s united kingdom so he can be pro

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Courts Service · 2008-03-04 · courts

Supreme Court overturns order requiring completion of Mallow property sale

supreme court overturns order requiring completion of mallow property sale the allowed seller’s appeal over an august 2004 settlement, finding buyers had repudiated it by pursuing reserved costs. dismissed their appeals against refusal further relief and claim solicitor. has overturned robin boyd to

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Courts Service · 2008-03-04 · courts

High Court orders surrender in UK warrant case after finding correspondence for both offences

high court orders surrender in uk warrant case after finding correspondence for both offences the found warrant’s allegations corresponded to irish offences, including a summary vehicle-defect offence, and ordered united kingdom prosecution. [2008] iehc 53 john ward’s prosecution under european arre

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Courts Service · 2008-03-03 · courts

High Court says seven Aer Lingus workers may pursue personal injury claims

high court says seven aer lingus workers may pursue personal injury claims the were not barred by an earlier ruling on general damages, but did decide whether suffered injuries or entitled to compensation. [2008] iehc 75 can claims, ruled, finding that decision damages prevent them from doing so. in

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