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Courts Service · 2008-06-27 · courts

High Court refuses prisoner's bid for State-funded parole submission

high court refuses prisoner's bid for state-funded parole submission the held that a board review was advisory and applicant had no entitlement to state funding legal help with written submission. [2008] iehc 204 has refused an application by prisoner declarations or other relief requiring fund assi

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Courts Service · 2008-06-27 · courts

High Court refuses to quash careless-driving conviction after bias challenge

high court refuses to quash careless-driving conviction after bias challenge the found that a district judge’s use of word “irrefutable” did not show prejudgment when considered alongside decision hear further evidence on traffic-light sequencing. [2008] iehc 198 has refused an application convictio

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Courts Service · 2008-06-27 · courts

Pedestrian awarded €39,563.60 after Longford road collision

pedestrian awarded €39,563.60 after longford road collision the high court found driver negligent but held 60 per cent responsible, reducing €98,909 damages award to 40 cent. [2008] iehc 200 desmond davis finding him responsible for a 2004 with van on between ballinalee and drumlish, co longford. va

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Courts Service · 2008-06-27 · courts

High Court lets three related claims against AIB proceed, refuses extension in Flynn’s personal action

high court lets three related claims against aib proceed, refuses extension in flynn’s personal action the gave plaintiffs 2004 proceedings two weeks to serve statements of claim and ordered cases consolidated. it refused extend time patrick joseph separate action. [2008] iehc 199 allowed allied iri

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Courts Service · 2008-06-25 · courts

High Court refuses judicial review over residential tenancy dispute

high court refuses judicial review over residential tenancy dispute the refused to extend time for application and said applicant had an adequate appeal route under tenancies act 2004. [2008] iehc 205 a by donal o’connor challenging decisions of private board (prtb) prtb tribunal in involving kieran

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Courts Service · 2008-06-24 · courts

High Court finds BOTOINA infringed Allergan’s BOTOX marks and amounted to passing off

high court finds botoina infringed allergan’s botox marks and amounted to passing off the found a likelihood of confusion over product name presentation, but left damages form relief for later hearing. [2008] iehc 189 has ruled that ocean healthcare ltd’s use marketing two community trade held by al

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Courts Service · 2008-06-24 · courts

High Court awards €225,000 after negligent ERCP caused pancreatitis and neurological symptoms

high court awards €225,000 after negligent ercp caused pancreatitis and neurological symptoms the defendants admitted negligence during trial. awarded damages for found, on balance of probabilities, that its intensive treatment plaintiff’s ataxia dysarthria. [2008] iehc 201 brendan ward finding medi

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Courts Service · 2008-06-20 · courts

High Court orders surrender of man to Germany to serve remaining sentence

high court orders surrender of man to germany serve remaining sentence the found that he had fled after release from pre-trial detention, despite there being no condition barring him leaving. [2008] iehc 202 ordered a balance seven-year sentence, finding his detention while an appeal was pending. in

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Courts Service · 2008-06-20 · courts

High Court sends McCormack Fuels–Maxol dispute to arbitration

high court sends mccormack fuels–maxol dispute to arbitration the stayed proceedings, finding rebate and related allegations could be dealt with by an arbitrator. [2008] iehc 197 has proceedings brought fuels limited against maxol limited, directing under parties’ agreement. order concerned where sh

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Courts Service · 2008-06-19 · courts

High Court gives solicitor €28,421.66 judgment, sends remaining fees to taxation

high court gives solicitor €28,421.66 judgment, sends remaining fees to taxation a retired doctor may contest part of the counsel fee claim, but ordered immediate judgment for sums it found were not in dispute and awarded costs proceedings solicitor. [2008] iehc 203 gave philip clarke his claim agai

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Courts Service · 2008-06-19 · courts

High Court quashes planning ruling over Ballymote railway mast

high court quashes planning ruling over ballymote railway mast the held that irish rail could complete a single integrated project begun lawfully as exempted development before station’s proposed protected status was notified to it. [2008] iehc 295 has quashed an bord pleanála’s decision signalling

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Courts Service · 2008-06-18 · courts

High Court annuls Kerry salmon fishing bye-law over lack of fair procedures

high court annuls kerry salmon fishing bye-law over lack of fair procedures the found draft net fishermen should have had advance notice and an opportunity to make submissions before a 2008 ban was made. it did not decide whether their licences were valid or assess ban’s merits. [2008] iehc 194 annu

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Courts Service · 2008-06-17 · courts

High Court rejects sale request in property dispute, finds woman owns one-tenth share

high court rejects sale request in property dispute, finds woman owns one-tenth share the held that former partners equity of redemption as tenants common, with a 90:10 division. it declined to order sale, while setting out route for possible valuation and partition. [2008] iehc 463 has refused dubl

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Courts Service · 2008-06-17 · courts

Supreme Court bars extradition for three forgery sentences but allows delivery on remaining convictions

supreme court bars extradition for three forgery sentences but allows delivery on remaining convictions the overturned a high release order after finding ten-year lapse and other circumstances did not make unjust, oppressive or invidious. it separately ruled that offences lacked required corresponde

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Courts Service · 2008-06-17 · courts

High Court refuses injunction in dispute over Topaz car-wash contract

high court refuses injunction in dispute over topaz car-wash contract the found a fair issue for trial how maintenance agreement could be terminated, but held that damages would an adequate remedy if supplier later won. [2008] iehc 185 has refused interlocutory sought by wesumat (ireland) limited to

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Courts Service · 2008-06-13 · courts

High Court dismisses stockbroker’s claim against Kevin Barnes but awards €58,764.60 equivalent against John Barnes

high court dismisses stockbroker’s claim against kevin barnes but awards €58,764.60 equivalent john the found was entitled to set off money transferred from his account, while holding that brother remained liable for share transactions made through as agent. [2008] iehc 181 dismissed a liquidator’s

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Courts Service · 2008-06-13 · courts

High Court refuses cross-examination in challenge over European arrest warrant

high court refuses cross-examination in challenge over european arrest warrant the ruling addressed only whether three affidavit deponents could be cross-examined a pending release application. left substantive detention issue open for further argument. [2008] iehc 188 of ireland refused an applicat

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Courts Service · 2008-06-13 · courts

High Court quashes Circuit Court ruling on Mongan family’s Equality Tribunal appeals

high court quashes circuit ruling on mongan family’s equality tribunal appeals the sent jurisdiction question back for reconsideration, finding that judge gave no reasons allowing to proceed and took account of irrelevant considerations. [2008] iehc 177 quashed a decision by patrick caroline their c

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Courts Service · 2008-06-13 · courts

High Court orders insurer to pay €1.015m after Ongar House fire

high court orders insurer to pay €1.015m after ongar house fire the found aig had breached its duty of utmost good faith in arranging cover for vacant protected structure. it ordered payment under policy, while rejecting insurer’s arguments over alarm and property security. [2008] iehc 174 has europ

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Courts Service · 2008-06-13 · courts

High Court finds unprotected kerb worsened racer’s injuries in Dundalk crash

high court finds unprotected kerb worsened racer’s injuries in dundalk crash the found race organisers should have protected a roundabout kerb, while making no finding on whether proposed 750cc limit was binding. [2008] iehc 175 that of 1999 motorcycle road near with sandbags or other shock-absorbin

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Courts Service · 2008-06-13 · courts

High Court found HSE was ‘the State’ for property rating exemption

high court found hse was ‘the state’ for property rating exemption the corrected legal basis of valuation tribunal’s decision but left its conclusion intact: castletroy office exempt from rates. [2008] iehc 178 ruled that health service executive (hse) “the state” purposes a exemption, rather than a

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Courts Service · 2008-06-13 · courts

High Court orders child’s return to Poland after wrongful removal finding

high court orders child’s return to poland after wrongful removal finding the found that a mother wrongfully brought her son ireland and ordered his under hague convention, while leaving ancillary issues for later submissions. [2008] iehc 176 has declared removed from convention on international chi

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Courts Service · 2008-06-13 · courts

High Court orders surrender to Romania under European arrest warrant

high court orders surrender to romania under european arrest warrant the rejected four objections surrender, including arguments about respondent’s departure from romania, childcare, alleged discrimination and delay. it ordered warrant; did not determine outcome of any retrial in romania. [2008] ieh

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Courts Service · 2008-06-11 · courts

High Court strikes out Lopes claim alleging racial discrimination in earlier cases

high court strikes out lopes claim alleging racial discrimination in earlier cases the granted minister’s motion, finding against state legally unsustainable and allegations unsupported by evidence. [2008] iehc 246 has struck proceedings brought antonion casimiro minister for justice, equality law r

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Courts Service · 2008-06-11 · courts

High Court refuses challenge to legal aid decision in phone-handling case

high court refuses challenge to legal aid decision in phone-handling case the held that district judge had enough information refuse a certificate and dismissed judicial review relief sought. [2008] iehc 182 has refused an application quash judge’s refusal grant man charged with handling two stolen

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Courts Service · 2008-06-11 · courts

High Court refuses relief in challenge over legal aid for €70 theft charge

high court refuses relief in challenge over legal aid for €70 theft charge the said a renewed application might be considered light of information that had not been before district judge, but refused sought. [2008] iehc 180 sought by pamela bird concerning refusal involving food and clothing valued

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Courts Service · 2008-06-11 · courts

High Court dismisses Cork holiday-home developers’ VAT appeal

high court dismisses cork holiday-home developers’ vat appeal the ruled that lease arrangements used before freehold sales were ineffective for and, independently, amounted to an abusive practice. it left any interest due revenue decide. [2008] iehc 169 has dismissed by three partners over assessmen

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Courts Service · 2008-06-10 · courts

High Court refuses release bid over re-issued warrants

high court refuses release bid over re-issued warrants the found applicant’s detention lawful for purpose of article 40 inquiry, while leaving a question about one warrant’s re-issue undecided. [2008] iehc 184 has refused an application to james byrne from mountjoy prison, finding his was in accorda

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Courts Service · 2008-06-10 · courts

Supreme Court upholds order barring third trial after two jury disagreements

supreme court upholds order barring third trial after two jury disagreements the rejected double jeopardy as basis for stopping a retrial, but found no exceptional circumstances to permit on remaining charges. has dismissed an appeal by judges of cork circuit and director public prosecutions, affirm

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Courts Service · 2008-06-10 · courts

High Court rejects Gavin family’s bid for group housing declaration

high court rejects gavin family’s bid for group housing declaration mr justice michael peart dismissed a judicial review application against dublin city council, finding no established promise of and breach the council’s statutory duties on evidence before him. [2008] iehc 187 has by members extende

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Courts Service · 2008-06-10 · courts

High Court refuses rower’s bid to compete at Poznan Regatta

high court refuses rower’s bid to compete at poznan regatta the declined an interlocutory injunction that would have required irish amateur rowing union include sean jacob in competitors’ declaration, finding order effectively resolve dispute before trial. [2008] iehc 196 refused application by rowe

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Courts Service · 2008-06-10 · courts

Supreme Court prohibits third trial after finding prosecution would be oppressive and unfair

supreme court prohibits third trial after finding prosecution would be oppressive and unfair the rejected double jeopardy as a basis for stopping trial, but found combined circumstances made another on two remaining counts unfair. dismissed director of public prosecutions’ appeal prohibited d.s. sex

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Courts Service · 2008-06-10 · courts

High Court restrains prosecution of couple after finding review breached fair procedures

high court restrains prosecution of couple after finding review breached fair procedures the said dpp could reconsider a decision not to prosecute without new evidence, but ruled that circumstances in this case applicants’ constitutional right procedures. [2008] iehc 244 has restrained director publ

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Courts Service · 2008-06-05 · courts

High Court finds developers contractually bound to provide access rights for retained Ashbourne lands

high court finds developers contractually bound to provide access rights for retained ashbourne lands the found a breach because defendants disputed their contractual obligations, but left remedy further argument and did not decide what should happen if performance later proves impossible. [2008] ie

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Courts Service · 2008-06-04 · courts

High Court rejects landowners’ claim over proposed Monaghan roundabout spur

high court rejects landowners’ claim over proposed monaghan roundabout spur the found that county council had not given assurances alleged at a 2001 meeting and refused judicial review relief sought. [2008] iehc 167 has application by aughey enterprises limited barry fifth on town bypass, finding th

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Courts Service · 2008-06-03 · courts

High Court dismisses challenge to arbitration awards over accountancy practice sale

high court dismisses challenge to arbitration awards over accountancy practice sale the found purchaser could not an earlier award on calculation method after taking part in resumed arbitration, and no patent error final award. [2008] iehc 287 has dismissed application by declan hogan set aside or r

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