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Courts Service · 2008-04-30 · courts

District Court awards costs to notice party in child care case

district court awards costs to notice party in child care case the held that its power under section 47 join a carried an ancillary grant of party’s representation. [2008] iedc 1 chúirt dúiche (district court) granted application for representation proceedings concerning two children, holding act 19

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Courts Service · 2008-04-30 · courts

High Court rejects challenge to Minister’s authority in UK restraint-order case

high court rejects challenge to minister’s authority in uk restraint-order case the refused james anthony tighe’s preliminary bid strike out proceedings, ruling that regulations allowed minister apply on behalf of government. a separate restraint order remained be heard. [2008] iehc 118 has applicat

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Courts Service · 2008-04-30 · courts

Supreme Court allows appeal on costs jurisdiction in residential tenancy case

supreme court allows appeal on costs jurisdiction in residential tenancy case the held that tenancies act did not clearly bar a further limited to costs, and directed matter be listed for hearing its merits. has allowed jack canty’s whether he could challenge high order arising from dispute. it deci

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Courts Service · 2008-04-30 · courts

Supreme Court upholds €880,000 land-sale damages award, subject to deductions

supreme court upholds €880,000 land-sale damages award, subject to deductions the dismissed vendor’s appeal over a failed sale in county longford, but directed for stamp duty and interest on unpaid balance of purchase price. has an by ridley properties limited awarded after it complete land near edg

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Courts Service · 2008-04-29 · courts

High Court allows pension claimant to plead concealment argument against time bar

high court allows pension claimant to plead concealment argument against time bar the ruled that walter croke may section 71(1)(b) in reply irish pensions trust’s limitation defence, while barring his 44(a) plea. it did not decide whether claim is time-barred or establish wrongdoing. [2008] iehc 474

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Courts Service · 2008-04-25 · courts

High Court refuses contractor extra time to challenge arbitration award

high court refuses contractor extra time to challenge arbitration award the dismissed james nevin (senior)’s application extend deadline, finding delay culpable and proposed without a good arguable case. it granted david clancy aveen kehoe leave enforce awards enter judgment. [2008] iehc 121 has ref

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Courts Service · 2008-04-25 · courts

High Court refuses leave to challenge refusal of Iranian asylum appeal

high court refuses leave to challenge refusal of iranian asylum appeal the found no substantial grounds review tribunal’s credibility decision, while allowing extra time for application be brought. [2008] iehc 108 refused an applicant seek judicial a refugee appeals tribunal finding he had not shown

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Courts Service · 2008-04-24 · courts

High Court quashes refusal of Killarney-area hunter’s .308 rifle certificate

high court quashes refusal of killarney-area hunter’s .308 rifle certificate the found superintendent’s safety reasoning illogical and sent application back for reconsideration. it did not grant certificate. [2008] iehc 113 quashed a to issue firearms remitted itself in judgment delivered on 24 apri

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Courts Service · 2008-04-24 · courts

High Court refuses judicial review in three subsidiary protection cases

high court refuses judicial review in three subsidiary protection cases the upheld minister’s refusals after finding applicants’ claims did not establish eligibility for and decisions were reached fairly. [2008] iehc 107 refused challenging minister justice’s to refuse nigerian applicants whose asyl

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Courts Service · 2008-04-23 · courts

Supreme Court bars prosecution after delay and loss of key witness

supreme court bars prosecution after delay and loss of key witness the found that missing psychologist’s evidence long created a significant risk an unfair trial. it prohibited any further step in prosecution; did not decide allegations. [2008] iesc 22 p.d., finding prosecutorial absence psychologis

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Courts Service · 2008-04-23 · courts

High Court rules Ilac Centre landlords unreasonably withheld consent for Dunnes food hall

high court rules ilac centre landlords unreasonably withheld consent for dunnes food hall the found refusal breached lease’s diversity requirement and was used, in material part, to strengthen negotiations possession of 1. [2008] iehc 114 ruled that dublin’s stores use part its long-leased 1 unit as

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Courts Service · 2008-04-23 · courts

High Court says no valuation revision for Tralee pub’s converted upper floor

high court says no valuation revision for tralee pub’s converted upper floor the held that change to residential use did not meet act’s conditions revising list, and found tribunal had erred in law. [2008] iehc 110 set aside a determination birchfox taverns limited was entitled of licensed premises

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Courts Service · 2008-04-23 · courts

Supreme Court rejects appeal over solicitor misconduct complaint

supreme court rejects appeal over solicitor misconduct complaint the upheld high court’s decision that complaints did not establish a prima facie case for disciplinary inquiry. has rejected brendan o’reilly’s against ruling his about rosario lee affirmed order. arose from lee’s work then-wife in mat

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Courts Service · 2008-04-23 · courts

Supreme Court allows DPP appeal over prosecution delayed by decades

supreme court allows dpp appeal over prosecution delayed by decades the set aside a high order stopping prosecution, finding that accused had not shown real and serious risk of an unfair trial. has allowed director public prosecutions’ dismissed application to prohibit criminal arising from alleged

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Courts Service · 2008-04-23 · courts

High Court rejects challenge to planning permission for Achonry animal inspection unit

high court rejects challenge to planning permission for achonry animal inspection unit the found no significant breach in an bord pleanála’s environmental assessment or consultation process and declined intervene its 2004 decision. [2008] iehc 111 rejected a judicial review grant of fallen at achonr

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Courts Service · 2008-04-22 · courts

High Court upholds decision to admit Garda complaint sent by fax

high court upholds decision to admit garda complaint sent by fax the extended time for officers’ judicial review and refused their application quash complaints board chief executive’s admissibility decision. [2008] iehc 109 seven members’ a admitting public about conduct, ruling that was made within

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Courts Service · 2008-04-22 · courts

High Court finds former NIB general manager unfit to manage companies

high court finds former nib general manager unfit to manage companies the said frank brennan’s failures supervise tax compliance and other banking practices warranted disqualification, but deferred deciding its duration scope. [2008] iehc 132 has found that national irish bank conduct made him be co

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Courts Service · 2008-04-21 · courts

Court of Criminal Appeal quashes Martin Joyce conviction after finding search warrant invalid

court of criminal appeal quashes martin joyce conviction after finding search warrant invalid the held that district judge lacked jurisdiction to issue a from his home outside which he was assigned. it quashed but made no order on possible retrial. joyce’s for keeping prohibited goods used seize evi

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Courts Service · 2008-04-18 · courts

High Court rejects soldier’s negligence claim over Lebanon mortar attack

high court rejects soldier’s negligence claim over lebanon mortar attack the found no in defence forces’ safety measures or its later care for a soldier who developed ptsd after 1999 at an irish post. [2008] iehc 105 dismissed permanent forces member’s arising from post 1999, finding that defendants

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Courts Service · 2008-04-18 · courts

High Court orders disclosure of taxpayer’s bank records after rejecting settlement claim

high court orders disclosure of taxpayer’s bank records after rejecting settlement claim the found no agreement that a €278,000 cheque would settle tax liability in full and granted revenue inspector’s application under section 908. [2008] iehc 103 ireland has ordered specified account information i

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Courts Service · 2008-04-18 · courts

High Court orders husband to update disclosure on two trusts in separation case

high court orders husband to update disclosure on two trusts in separation case mr justice abbott found the husband’s trust inadequate and ordered further disclosure. he did not decide trusts’ ultimate treatment or direct an application against m. trust. [2008] iehc 452 has a judicial proceedings pr

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Courts Service · 2008-04-17 · courts

High Court strikes Minister for Transport from landowners’ planning claim

high court strikes minister for transport from landowners’ planning claim the decided a preliminary issue under 1998 air navigation and act, finding claims could not be maintained against minister. wider proceedings continued other defendants. [2008] iehc 101 has struck brought by three former lando

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Courts Service · 2008-04-17 · courts

High Court refuses bid to set aside renewed medical negligence summons

high court refuses bid to set aside renewed medical negligence summons the found that delays in investigating claim were inordinate but excusable, and plaintiff’s prejudice if outweighed defendants’ asserted prejudice. [2008] iehc 100 has refused applications by three defendants renewal of a action

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Courts Service · 2008-04-17 · courts

Supreme Court dismisses appeal to stop trial on 104 indecent assault charges

supreme court dismisses appeal to stop trial on 104 indecent assault charges the upheld high court’s refusal prohibit trial, finding no real risk of an unavoidable unfair trial. it described unexplained prosecutorial delay more than 12 months as inexcusable. has dismissed by j.t. his assault, affirm

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Courts Service · 2008-04-17 · courts

High Court orders performance of Tullyallen development agreement

high court orders performance of tullyallen development agreement the held that a planning setback did not end and ordered it to be performed, excluding two previously released plots. [2008] iehc 99 has drocarne limited seamus murphy properties developments perform their for lands at tullyallen, cou

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Courts Service · 2008-04-16 · courts

High Court rejects sperm donor’s bid for guardianship and access

high court rejects sperm donor’s bid for guardianship and access the found that child’s welfare favoured remaining in care of his mother her partner, refused court-ordered to biological father. [2008] iehc 96 a application be appointed guardian child conceived using donation separate access. mr just

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Courts Service · 2008-04-14 · courts

Appeal court suspends indecent assault sentences for elderly applicant in poor health

appeal court suspends indecent assault sentences for elderly applicant in poor health the of criminal suspended two concurrent prison their entirety, citing applicant’s exceptional age and declining while acknowledging seriousness offences. c.c.a. no. 70 2008 allowed an by james kennedy full imposed

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Courts Service · 2008-04-11 · courts

High Court rejects claim over delay in Equality Tribunal discrimination complaint

high court rejects claim over delay in equality tribunal discrimination complaint the found four-and-a-half-year undesirable but not unreasonable, and dismissed patrick kelly’s for damages. [2008] iehc 112 has damages time taken by to decide his against university college dublin (ucd). described as

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Courts Service · 2008-04-11 · courts

Directors disqualified for five years over two companies struck off the register

directors disqualified for five years over two companies struck off the register high court rejected directors’ argument that undelivered warning letters prevented disqualification, and ordered each years. [2008] iehc 456 has anthony dominic collins patricia o’connell from acting as company or other

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Courts Service · 2008-04-11 · courts

Supreme Court dismisses appeal against child’s return to Australia, subject to undertaking

supreme court dismisses appeal against child’s return to australia, subject undertaking the found mother had not established any of four grounds refuse under hague convention. high order was affirmed with a condition restricting father’s contact arrangements ordered by australian family court. dismi

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Courts Service · 2008-04-11 · courts

High Court refuses to stop trial after finding culpable delay in Kilkenny case

high court refuses to stop trial after finding culpable delay in kilkenny case the found charging applicant was excessive but ruled that evidence did not establish prejudice sufficient prohibit a had yet reached jury verdict. [2008] iehc 232 has refused an application of anonymised charged with havi

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Courts Service · 2008-04-11 · courts

High Court orders aviation regulator to clarify status of airport charges decision

high court orders aviation regulator to clarify status of airport charges decision the found no basis interfere with regulator’s phased treatment dublin investment, but sent review back for clarification what was legally binding. [2008] iehc 98 has directed commission regulation (car) whether parts

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Courts Service · 2008-04-11 · courts

High Court dismisses prisoner’s negligence claim over boiling-water attack

high court dismisses prisoner’s negligence claim over boiling-water attack mr justice gilligan found the prison authorities had not been put on notice of a perceived threat before at wheatfield prison. [2008] iehc 123 has dismissed brought by prisoner who suffered serious burns when another inmate p

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Courts Service · 2008-04-10 · courts

Supreme Court dismisses appeal over An Bord Pleanála costs

supreme court dismisses appeal over an bord pleanála costs the upheld orders striking out james kenny’s action and refusing to block enforcement of awarded in a related trinity college planning case. dismissed against his interlocutory injunction prevent board pursuing judgment delivered on 10 april

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Courts Service · 2008-04-10 · courts

Supreme Court rejects J.F.’s second claim for Hepatitis C care losses

supreme court rejects j.f.’s second claim for hepatitis c care losses the held that accepted 1997 award was final and a 2002 amendment did not create new basis further claim. rejected appeal over refusal of financial linked to caring his wife, a.f., who contracted c. it statutory give him j.f. had a

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Courts Service · 2008-04-10 · courts

Supreme Court rejects carer’s second claim for loss of earnings

supreme court rejects carer’s second claim for loss of earnings the dismissed an appeal by a man who said he had given up work to care full time his wife, finding that earlier compensation award included future losses and barred further claim. has sought lost while caring ruling already covered loss

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Courts Service · 2008-04-10 · courts

Supreme Court dismisses Kenny’s fraud action over Trinity Hall planning ruling

supreme court dismisses kenny’s fraud action over trinity hall planning ruling the held that an undisclosed fire safety certificate application could not have affected earlier refusal of leave to seek judicial review. s.c. no: 168/03 has dismissed james seeking set aside a high decision refused him

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Courts Service · 2008-04-09 · courts

Supreme Court orders fresh review of disability benefit decision

supreme court orders fresh review of disability benefit decision the found martin maher had not been adequately informed about a route under social welfare legislation and remitted his case to chief appeals officer. allowed maher’s appeal on whether he exhausted remedies officer for full review. it

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Courts Service · 2008-04-09 · courts

Supreme Court dismisses diocesan secretary’s appeal over termination of employment

supreme court dismisses diocesan secretary’s appeal over termination of employment the held that her agreement was terminable on reasonable notice, rejecting claim “permanent and pensionable” meant a job until retirement age. has dismissed an by mary sheehy, former secretary, diocese kildare leighli

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Courts Service · 2008-04-09 · courts

High Court orders surrender of Romanian couple after rejecting objections

high court orders surrender of romanian couple after rejecting objections the found that had fled romania while subject to criminal proceedings and no separate written retrial undertaking was required under warrants. [2008] iehc 115 ordered florin gheorghe violeta corina european arrest warrants, th

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Courts Service · 2008-04-08 · courts

High Court refuses to halt solicitor’s disciplinary investigation of legal executive

high court refuses to halt solicitor’s disciplinary investigation of legal executive the judge found an earlier attempt dismiss employee was improper and disregarded fair procedures, but said itself had not yet been tainted should continue. [2008] iehc 92 has refused application stop a firm from pro

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Courts Service · 2008-04-08 · courts

High Court rules maintenance deductions should have fallen as children turned 18

high court rules maintenance deductions should have fallen as children turned 18 the declared that father’s obligation for each child ended at age 18, but refused damages and found attachment order remained valid until varied or discharged. [2008] iehc 116 ruled a 1997 required father to pay support

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Courts Service · 2008-04-07 · courts

High Court refuses bid to stop retrial after jury discharged

high court refuses bid to stop retrial after jury discharged the held trial judge was entitled end first when availability became a problem, and found no basis prohibit further trial. [2008] iehc 89 has refused pat jennings’s application prevent on charges of assault causing harm false imprisonment,

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Courts Service · 2008-04-07 · courts

Supreme Court allows appeal, clearing way for trial after delay challenge

supreme court allows appeal, clearing way for trial after delay challenge the found about 16 months of significant, blameworthy prosecution but held that balance interests did not justify stopping trial. has allowed an appeal by prosecution, overturning a high order restrained john devoy on charges

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Courts Service · 2008-04-04 · courts

High Court rejects taxpayer’s claim that late appeals kept tax assessments open

high court rejects taxpayer’s claim that late appeals kept tax assessments open the ruled for seven years were final and conclusive when revenue began proceedings in 2005. decision addressed a preliminary issue only; motion judgment remained to be determined. [2008] iehc 86 (revenue) has against mic

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Courts Service · 2008-04-04 · courts

ESB liable for worsening of cable jointer’s elbow injuries after 1993

esb liable for worsening of cable jointer’s elbow injuries after 1993 the high court found employer breached equipment safety regulations by requiring a jointer to use compression tool that contributed his condition. it awarded €45,000 in general damages, limited from february onward. [2008] iehc 88

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Courts Service · 2008-04-02 · courts

High Court dismisses Kearns family negligence claim as time-barred

high court dismisses kearns family negligence claim as time-barred the held that six-year limitation period began when solicitors’ estate account was sent in 1981, despite beneficiaries learning about bank funds 2002. [2008] iehc 85 has dismissed a against solicitors over left deceased man’s account

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Courts Service · 2008-04-01 · courts

High Court says repeal did not remove drivers’ right to seek licence restoration

high court says repeal did not remove drivers’ right to seek licence restoration the answered two consultative cases on whether drivers disqualified for years could still apply district after a statutory change. [2008] iehc 78 ruled that remained entitled of their driving licences, despite provision

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