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Courts Service · 2008-05-30 · courts

High Court rejects challenge to mandatory forfeiture of fishing catch

high court rejects challenge to mandatory forfeiture of fishing catch a fisherman facing an indictment over unrecorded failed show that all fish aboard on conviction would be disproportionate or breach his rights. [2008] iehc 157 the has rejected fisherman’s law requiring vessel if he is convicted f

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Courts Service · 2008-05-30 · courts

High Court says discharged patient could not pursue Circuit Court appeal on detention

high court says discharged patient could not pursue circuit appeal on detention the held that statutory addressed a patient’s condition at time of hearing and was available only while remained detained. [2008] iehc 160 upheld president’s decision to hear an by d. han. after he had recovered been fro

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Courts Service · 2008-05-30 · courts

High Court orders surrender after rejecting objections over UK convictions in absentia

high court orders surrender after rejecting objections over uk convictions in absentia the dismissed challenges to under irish law, including concerning respondent’s absence from trial and sentence hearings. it held that no retrial undertaking was required section 45. [2008] iehc 154 ordered of thom

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Courts Service · 2008-05-30 · courts

High Court orders Charles Hall’s surrender to UK under European arrest warrant

high court orders charles hall’s surrender to uk under european arrest warrant the rejected objections based on delay and an alleged garda conspiracy, while leaving any humanitarian postponement request for a later stage. [2008] iehc 155 has ordered of hall united kingdom warrant, so he can serve tw

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Courts Service · 2008-05-30 · courts

High Court refuses late judicial review bid over breath-sample charge

high court refuses late judicial review bid over breath-sample charge the considered application afresh at permission stage and dismissed it because delay was unexplained. did not decide merits of proposed challenge to charge. 2007 no. 611 j.r. ruairí mac cárthaigh’s for bring proceedings a relating

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Courts Service · 2008-05-30 · courts

High Court rules €25,000 deposit was forfeited after restaurant lease deal fell through

high court rules €25,000 deposit was forfeited after restaurant lease deal fell through the found landlord’s requirement that an existing guarantor remain liable for reasonable and upheld deposit’s forfeiture. [2008] iehc 159 has ruled two prospective operators were not entitled to recover a their p

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Courts Service · 2008-05-30 · courts

High Court refuses Czech surrender application over missing theft details in warrant

high court refuses czech surrender application over missing theft details in warrant the rejected objections concerning sentence’s enforceability, delay and respondent’s health, but found did not allege facts establishing an equivalent irish offence. [2008] iehc 156 refused to a woman republic under

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Courts Service · 2008-05-29 · courts

Supreme Court dismisses both sides’ appeals in Tommy Hilfiger dispute

supreme court dismisses both sides’ appeals in tommy hilfiger dispute the upheld high court’s €15,000 damages award and costs order, rejecting a challenge to cross-appeal seeking higher or an account of profits. dismissed appeal trade mark passing-off between companies derek mcgarry two he operated.

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Courts Service · 2008-05-28 · courts

High Court dismisses challenge to prison sentence structure

high court dismisses challenge to prison sentence structure the ruled that sentences imposed across four bills were valid and found no indication authorities had miscalculated term being served. [2008] iehc 152 dismissed a prisoner’s application for judicial review of criminal bills, finding his det

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Courts Service · 2008-05-27 · courts

High Court allows part of appeal over costs in Supreme Court motion

high court allows part of appeal over costs in supreme motion the restored fee for two counsel and allowed reduced travel costs, while upholding taxing master’s decisions on service solicitors’ instructions fee. [2008] iehc 161 an concerning awarded after struck out a to dismiss cremins’ appeal. rev

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Courts Service · 2008-05-26 · courts

High Court finds senior bank manager failed to address persistent compliance problems

high court finds senior bank manager failed to address persistent compliance problems the refused disqualify michael keane under one statutory ground, but said it was considering disqualification two others and would hear counsel on its duration. [2008] iehc 150 found that former national irish gene

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Courts Service · 2008-05-26 · courts

High Court sets access schedule for children and refuses further expert assessment

high court sets access schedule for children and refuses further expert assessment the heard a motion in continuing guardianship proceedings after parents resolved many issues by agreement. it made an order declined to commission another section 47 report. [2008] iehc 468 set arrangements father’s h

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Courts Service · 2008-05-26 · courts

High Court finds former National Irish Bank finance head lacked commercial probity over DIRT returns

high court finds former national irish bank finance head lacked commercial probity over dirt returns the found patrick byrne should have raised concerns about deposit interest retention tax after a 1995 audit. it did not find gross negligence or danger to public, and deferred disqualification period

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Courts Service · 2008-05-26 · courts

High Court refuses company management disqualification order against former National Irish Bank manager

high court refuses company management disqualification order against former national irish bank manager the found that dermott boner should have followed up persistent compliance concerns more assiduously, but concluded none of grounds justified sought by director corporate enforcement. [2008] iehc

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Courts Service · 2008-05-23 · courts

Wife to receive €115,000 more than husband from land sale under separation ruling

wife to receive €115,000 more than husband from land sale under separation ruling the high court directed an unequal division of net proceeds jointly owned and equal husband’s pension, while leaving final form order for discussion with counsel. [2008] iehc 164 that a her selling their as part judici

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Courts Service · 2008-05-21 · courts

High Court orders return of child to Latvia but stays order pending Latvian review

high court orders return of child to latvia but stays order pending latvian review the found that a ten-year-old objected returning and was mature enough for her views be considered, concluded managed would not so harmful as justify refusing it. stayed subject conditions. [2008] iehc 162 has declare

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Courts Service · 2008-05-20 · courts

High Court narrows Bailey Point secret profit claim and allows revised fraud pleading

high court narrows bailey point secret profit claim and allows revised fraud pleading at the opening of a linked trial, refused late amendment against two defendants, allowed limited first active, dismissed original while permitting one to proceed subject conditions. [2008] iehc 211 has group proper

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Courts Service · 2008-05-20 · courts

Ryanair loses challenge over capital added to airport regulatory asset base

ryanair loses challenge over capital added to airport regulatory asset base the high court dismissed ryanair’s judicial review claim, finding that commission for aviation regulation had changed its determination by altering base, despite leaving maximum charge unchanged. [2008] iehc 148 court, comme

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Courts Service · 2008-05-08 · courts

High Court rules widow has exclusive lifetime use of husband’s remaining lands

high court rules widow has exclusive lifetime use of husband’s remaining lands the interpreted a will as giving ellen mcguinness and occupation real property for life, in addition to her joint share €100,000 charge. [2008] iehc 134 ruled that was entitled late lifetime, under terms his will. ruling

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Courts Service · 2008-05-08 · courts

High Court upholds Bertie Ahern’s privilege claims in inquiry dispute

high court upholds bertie ahern’s privilege claims in inquiry dispute the divisional ruled that an could not question ahern about dáil statements or require 150 documents he claimed were protected by litigation privilege. a separate disclosure issue was no longer pursued after supplied. [2008] iehc

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Courts Service · 2008-05-08 · courts

High Court refuses leave to challenge Syrian asylum appeal decision

high court refuses leave to challenge syrian asylum appeal decision the extended time for application but found no substantial grounds review refugee appeals tribunal’s decision. [2008] iehc 139 refused an applicant seek judicial of a tribunal decision, finding argue that was invalid or should be qu

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Courts Service · 2008-05-08 · courts

High Court refuses leave to challenge Somali asylum appeal decision

high court refuses leave to challenge somali asylum appeal decision the extended time bring judicial review application but found applicant had not shown substantial grounds refugee appeals tribunal’s decision. [2008] iehc 135 refused an seek of a rejecting his against recommendation that he be decl

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Courts Service · 2008-05-08 · courts

High Court dismisses challenge to refusal of Nigerian woman’s asylum claim

high court dismisses challenge to refusal of nigerian woman’s asylum claim the found refugee commissioner’s conclusions were open decision-maker on evidence and refused leave seek judicial review. [2008] iehc 137 dismissed an anonymised application for review a decision recommending that she not be

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Courts Service · 2008-05-08 · courts

High Court orders Howth wall graffiti removed pending defamation trial

high court orders howth wall graffiti removed pending defamation trial the continued an existing restraint on further defamatory writing and ordered text at centre of dispute to be or painted over until trial, while leaving truth allegations undecided. [2008] iehc 143 removal painting a in that accu

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Courts Service · 2008-05-08 · courts

High Court grants leave to challenge asylum refusal after extending filing deadline

high court grants leave to challenge asylum refusal after extending filing deadline the found substantial grounds argue that refugee status recommendation may have involved unfair procedures and a failure consider relevant information. it did not decide judicial review itself. [2008] iehc 138 has al

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Courts Service · 2008-05-08 · courts

High Court grants leave to challenge refugee recommendation over fairness concerns

high court grants leave to challenge refugee recommendation over fairness concerns the found substantial grounds argue that decision relied on unsupported conclusions and undisclosed country information. it granted for judicial review but did not decide case or quash recommendation. [2008] iehc 133

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Courts Service · 2008-05-08 · courts

High Court awards Roche €1.7m contribution from former Bula co-guarantor

high court awards roche €1.7m contribution from former bula co-guarantor the found michael wymes benefited payments made by thomas j. and his father’s estate to settle separate bank debts, ordered €1,707,119 in after an allowance for wymes’s ulster payment. [2008] iehc 141 has pay finding that roche

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Courts Service · 2008-05-08 · courts

High Court finds housing eviction law incompatible with Article 8 in disputed tenancy case

high court finds housing eviction law incompatible with article 8 in disputed tenancy case the said mandatory possession process lacked an independent merits review where a tenant facts behind alleged breach. it refused most of relief sought and deferred wording declaration. [2008] iehc 288 has foun

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Courts Service · 2008-05-08 · courts

High Court awards €7,500 over water pipes laid without landowner’s consent

high court awards €7,500 over water pipes laid without landowner’s consent the found a continuing trespass on commonage land but deferred any removal injunction while donegal county council’s compulsory purchase process runs its course. [2008] iehc 145 that across shared in co-owner’s amounted to tr

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Courts Service · 2008-05-08 · courts

High Court refuses extra time for asylum challenge after 43-day delay

high court refuses extra time for asylum challenge after 43-day delay the dismissed an application to extend deadline seeking judicial review of a refugee appeals tribunal decision, finding no good and sufficient reason delay. [2008] iehc 136 has refused woman her two minor children seek decision re

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Courts Service · 2008-05-08 · courts

High Court sets aside leave in Wyeth Medica licence challenge

high court sets aside leave in wyeth medica licence challenge the ruled that company’s to epa conditions came too late and refused permission add a constitutional statutory time limit. [2008] iehc 144 set granted ahp manufacturing b.v., trading as ireland, pursue judicial review challenging attached

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Courts Service · 2008-05-08 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found applicant had not shown substantial grounds quash refugee appeals tribunal rejecting his claim. [2008] iehc 140 refused an bring a judicial review tribunal’s rejection of claim, finding he established argue that its was invalid o

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Courts Service · 2008-05-08 · courts

High Court upholds refusal of 62 apartments and mixed-use scheme at Dudley’s Field

high court upholds refusal of 62 apartments and mixed-use scheme at dudley’s field the dismissed cicol limited’s judicial review challenge, finding an bord pleanála correctly treated proposed development as a material contravention open-space zoning objective. planning remains in place. [2008] iehc

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Courts Service · 2008-05-07 · courts

Supreme Court rejects bid to stop wrongful death claim over Roaccutane death

supreme court rejects bid to stop wrongful death claim over roaccutane the dismissed roche defendants’ appeal against a high refusal halt proceedings, leaving continue without deciding whether any defendant was liable. [2008] iesc 35 has an by five companies seeking action brought liam grant of his

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Courts Service · 2008-05-07 · courts

High Court grants leave to challenge refusal of Ethiopian man’s asylum claim

high court grants leave to challenge refusal of ethiopian man’s asylum claim the extended deadline and found an arguable how refugee appeals tribunal addressed medical reports. it did not overturn status. [2008] iehc 130 has granted n.m. seek judicial review a decision refusing his application for s

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Courts Service · 2008-05-07 · courts

Mulholland couple awarded €71,856 after oil spill contaminated well

mulholland couple awarded €71,856 after oil spill contaminated well the high court assessed damages a neighbour admitted liability for kerosene leak. it rejected recovery of full cost replacing home’s water and central-heating pipes. [2008] iehc 165 fintan margaret €71,856.12 leak from their neighbo

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Courts Service · 2008-05-07 · courts

Supreme Court allows tribunal appeal over dependants’ compensation claims

supreme court allows tribunal appeal over dependants’ compensation claims the held that statutory scheme provides for one award to be divided among dependants, rather than separate awards each. it allowed tribunal’s and answered specified questions: “no”, “yes” “does not arise”. [231/2005] an by hep

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Courts Service · 2008-05-07 · courts

Criminal Appeal Court refuses Colm Maguire’s application for leave to appeal conviction

criminal appeal court refuses colm maguire’s application for leave to conviction the rejected challenges treatment of garda belief evidence, assessment defence and use his interview answers as corroboration. it refused application; judgment does not grant appeal. has membership an unlawful organisat

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Courts Service · 2008-05-07 · courts

Supreme Court refused to stop murder trial despite condemning prosecution delay

supreme court refused to stop murder trial despite condemning prosecution delay justice hardiman agreed with the proposed order while stressing that result depended on exceptional evidence and did not excuse unexplained or prejudicial publicity. [2008] iesc 34 of ireland declined halt a prosecution,

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Courts Service · 2008-05-07 · courts

Supreme Court dismisses appeal to halt murder trial over delay and publicity

supreme court dismisses appeal to halt murder trial over delay and publicity the found that newspaper coverage did not establish a real risk of an unavoidable unfair trial, while expressing concern about dpp’s response it. [2008] iesc 34 ireland dismissed brian rattigan’s against high refusal stop h

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Courts Service · 2008-05-07 · courts

Supreme Court rejects appeal over proposed trial delay

supreme court rejects appeal over proposed trial delay murray c.j. agreed there was no real and substantial risk of an unfair in the circumstances, while leaving questions about evidence admissibility to judge. [2008] iesc 34 rejected concerning whether a criminal should be restrained because delay,

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Courts Service · 2008-05-07 · courts

Supreme Court rules PIAB process applies to claim involving uninsured driver

supreme court rules piab process applies to claim involving uninsured driver the dismissed an appeal over whether a motor insurers bureau could proceed without first going personal injuries assessment board. has michael campbell’s his proceedings of ireland (mibi) continue through board (piab). held

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Courts Service · 2008-05-07 · courts

Supreme Court: Dependants may appeal their share of hepatitis compensation award

supreme court: dependants may appeal their share of hepatitis compensation award the court ruled that each dependant has an individual right, but payment shared must wait until all claimants accept or is decided. who claim under c and hiv tribunal scheme individually general damages mental distress,

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Courts Service · 2008-05-07 · courts

Supreme Court dismisses appeal over renewal of M.M.’s detention order

supreme court dismisses appeal over renewal of m.m.’s detention order the held that either two psychiatrists involved in care could make under mental health act 2001. mm v. cdcmh dismissed challenging a november 2007 continued his at central hospital. both psychiatrist who had treated him through co

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Courts Service · 2008-05-06 · courts

High Court orders surrender to Poland under European arrest warrant

high court orders surrender to poland under european arrest warrant the rejected an objection that respondent had not fled poland, finding he produced enough evidence show leaving country breached no condition of his suspended sentence. [2008] iehc 129 ordered jaroslaw stankiewicz’s a warrant, rejec

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Courts Service · 2008-05-06 · courts

Supreme Court dismisses appeals against surrender to Czech Republic

supreme court dismisses appeals against surrender to czech republic the rejected three grounds raised by two appellants in european arrest warrant proceedings and affirmed high court’s orders. dismissed tomáš pùta maroš šulej orders for their under act 2003, affirming judgment, delivered mr justice

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Courts Service · 2008-05-06 · courts

Supreme Court dismisses challenge to European Arrest Warrant Act

supreme court dismisses challenge to european arrest warrant act the held that prior oireachtas approval did not have cover final text word for word, and found no clear disregard of constitutional requirement in this case. has dismissed appeals by three men challenging constitutionality 2003. concer

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Courts Service · 2008-05-06 · courts

Supreme Court finds 13 years of missed company returns amounted to persistent default

supreme court finds 13 years of missed company returns amounted to persistent default the rejected high court’s interpretation statutory test but dismissed director corporate enforcement’s appeal, declining disqualify company’s directors. ruled that directors wood products (longford) limited had bee

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Courts Service · 2008-05-02 · courts

Supreme Court dismisses Kinsale resident’s appeal over planning challenge

supreme court dismisses kinsale resident’s appeal over planning challenge the held that family ties to development area, visits and sailing nearby did not establish substantial interest required seek judicial review of decision. dismissed thomas harding’s after finding he had shown “substantial inte

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Courts Service · 2008-05-02 · courts

Supreme Court dismisses appeal over standing to challenge Kinsale resort permission

supreme court dismisses appeal over standing to challenge kinsale resort permission the held that thomas harding had not shown a substantial interest required seek judicial review of cork county council’s planning decision. ireland has dismissed harding’s his refusal leave for golf and leisure at ba

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Courts Service · 2008-05-02 · courts

High Court rejects challenge to detention pending surrender to Latvia

high court rejects challenge to detention pending surrender latvia the upheld lawfulness of a man’s under order, ruling that statutory provision allowing later date was constitutional. [2008] iehc 125 has rejected constitutional continued man awaiting european arrest warrant, finding his in accordan

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Courts Service · 2008-05-02 · courts

High Court quashes refusal of 9mm pistol certificate on public-safety ground

high court quashes refusal of 9mm pistol certificate on public-safety ground the found that superintendent could not assess applicant’s suitability for one firearm under provision while he held certificates three others. it upheld separate finding applicant had yet shown a good reason particular pis

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Courts Service · 2008-05-02 · courts

High Court refuses leave to challenge Nigerian woman’s deportation order

high court refuses leave to challenge nigerian woman’s deportation order the also refused an extension of time earlier refugee appeals tribunal decision, citing a delay about 23 months and finding no arguable grounds on evidence presented. [2008] iehc 126 application by woman for decision. judgment,

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Courts Service · 2008-05-01 · courts

Supreme Court upholds challenge to deportation decisions but rejects residence-scheme appeal

supreme court upholds challenge to deportation decisions but rejects residence-scheme appeal the ruled that minister had consider irish citizen child’s rights when affirming parents’ orders, while finding parents did not meet born child scheme’s continuous-residence condition. s.c. no: 484/2006 allo

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Courts Service · 2008-05-01 · courts

High Court dismisses tax disclosure challenge by T. J.

high court dismisses tax disclosure challenge by t. j. the ruled that applicant was not entitled to criminal assets bureau’s supporting information before his appeal, while noting fair procedures could require an adjournment if prejudice arose at appeal. [2008] iehc 168 has dismissed j.’s judicial r

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Courts Service · 2008-05-01 · courts

High Court refuses injunction against peaceful picketing at Limerick building sites

high court refuses injunction against peaceful picketing at limerick building sites the rejected contractors’ interlocutory application, finding their legal argument about former employees’ right to picket too weak raise a fair issue for trial. it did not decide underlying statutory interpretation.

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Courts Service · 2008-05-01 · courts

High Court says intoxilyser disclosure request cannot be made against third party

high court says intoxilyser disclosure request cannot be made against third party the answered two legal questions in a consultative case stated, but left district judge to decide whether prosecution should proceed after considering delay and prejudice. [2008] iehc 117 ruled that criminal order disc

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Courts Service · 2008-05-01 · courts

High Court defers rulings on two spouses’ residence-card cases pending EU court decision

high court defers rulings on two spouses’ residence-card cases pending eu decision the reserved judgment challenges to refusals of residence cards and said it needed justice’s ruling in a related case before deciding whether applicants could obtain orders requiring be issued. [2008] iehc 131 ireland

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Courts Service · 2008-05-01 · courts

Supreme Court upholds deportation-order quashing but reverses residence-scheme ruling

supreme court upholds deportation-order quashing but reverses residence-scheme ruling the allowed minister’s appeal over an irish-born child residence scheme refusal, dismissed separate against father’s deportation order. s.c. no: 489/2006 minister for justice’s a high that had quashed refusal of ch

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