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Courts Service · 2008-07-31 · courts

Supreme Court judge says warrant information did not establish statutory sentencing condition

supreme court judge says warrant information did not establish statutory sentencing condition in a judgment dated 31 july 2008, mr justice geoghegan agreed with the chief and macken that second alternative section 38(1)(b) was workable. he also said supplied about combined lithuanian sentence allow

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Courts Service · 2008-07-31 · courts

High Court dismisses petition to wind up Balbradagh Developments

high court dismisses petition to wind up balbradagh developments the found that creditors’ voluntary liquidation should proceed, with appointed liquidator investigating concerns raised about company’s affairs. [2008] iehc 329 dismissed a limited by order, finding proceed instead. was brought conclod

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Courts Service · 2008-07-31 · courts

High Court orders disclosure of complaints board files if prosecution continues

high court orders disclosure of complaints board files if prosecution continues the set aside a circuit decision and directed dpp to provide documents it received about same incident, should proceed. [2008] iehc 272 has judge’s refusal order garda material woman facing prosecution, ordered director

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Courts Service · 2008-07-31 · courts

Supreme Court dismisses appeal to pause Ringaskiddy incinerator challenges

supreme court dismisses appeal to pause ringaskiddy incinerator challenges the held that appellants had not shown a substantial risk of conflicting decisions from possible eu infringement case, which yet been commenced. has dismissed an by residents and residents’ association seeking two legal appro

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Courts Service · 2008-07-31 · courts

High Court rules draft Cabinet memorandum exempt from disclosure

high court rules draft cabinet memorandum exempt from disclosure the held that a was created to be submitted government, bringing it within freedom of information act exemption even though never sent. [2008] iehc 279 ruled 2001 prepared by minister for education and science under act, government. ap

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Courts Service · 2008-07-31 · courts

High Court refuses leave to challenge negative refugee recommendation

high court refuses leave to challenge negative refugee recommendation the found no substantial grounds grant for judicial review, while noting applicant could pursue an appeal with a full oral hearing. [2008] iehc 273 refused bring review proceedings against that e. l. had not established well-found

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Courts Service · 2008-07-31 · courts

Supreme Court allows appeal against surrender to Latvia on European arrest warrant

supreme court allows appeal against surrender to latvia on european arrest warrant the held that established neither a corresponding irish offence nor listed marked by issuing state, and courts could not supply missing classification. of ireland allowed ivans desjatnikovs’s high order directing his

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Courts Service · 2008-07-31 · courts

Court of Criminal Appeal replaces life sentence for aggravated sexual assault with 16 years

court of criminal appeal replaces life sentence for aggravated sexual assault with 16 years the found was an error in principle because assault, though very serious, did not meet threshold a term. it substituted 16-year sentence, suspended final three on conditions and imposed post-release supervisi

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Courts Service · 2008-07-31 · courts

High Court refuses Hazel Lawlor’s challenge over tribunal proof standard and legal costs

high court refuses hazel lawlor’s challenge over tribunal proof standard and legal costs the declined to require beyond reasonable doubt for serious findings refused orders advance funding of representation, citing limits powers delay. [2008] iehc 282 has judicial review concerning representation be

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Courts Service · 2008-07-31 · courts

Supreme Court dismisses appeal over disposal of tyres in dangerous-driving case

supreme court dismisses appeal over disposal of tyres in dangerous-driving case the upheld a high order granting denis ludlow judicial review after central to prosecution were no longer available for defence examination. [2008] iesc 54 has dismissed director public prosecutions’ and affirmed an loss

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Courts Service · 2008-07-31 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the extended filing deadline but found no substantial grounds review tribunal’s refusal of status. [2008] iehc 294 refused an applicant seek judicial a appeals tribunal that he was not refugee, while extending for his application 18 july

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Courts Service · 2008-07-31 · courts

High Court rejects challenge to cash forfeiture application deadline

high court rejects challenge to cash forfeiture application deadline the held that issuing a notice of motion within statutory two-year period counted as making application. it refused judicial review and sent case back circuit for determination. [2008] iehc 461 continued detention seized from an an

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Courts Service · 2008-07-31 · courts

Supreme Court refuses surrender over composite Lithuanian sentence

supreme court refuses surrender over composite lithuanian sentence the allowed an appeal against a high order, finding that could not be separated from offence did meet statutory conditions for surrender. has by saulius ferenca and set aside order his to lithuania, ruling single imposed three offenc

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Courts Service · 2008-07-31 · courts

Supreme Court upholds injunction over missing truck tyres in fatal crash prosecution

supreme court upholds injunction over missing truck tyres in fatal crash prosecution the found a real risk of an unavoidable unfair trial because central to defence had been disposed before driver could have them examined. [2008] iesc 54 dismissed director public prosecutions’ appeal and affirmed re

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Courts Service · 2008-07-31 · courts

Supreme Court allows appeal against surrender to Lithuania

supreme court allows appeal against surrender to lithuania the set aside high court’s order, finding that warrant did not establish required basis appellant on first offence or satisfy sentence threshold for remaining offences. has allowed an by saulius ferenca and a order directing his under europe

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Courts Service · 2008-07-31 · courts

High Court refuses late claim amendment, allows witness to testify by video link

high court refuses late claim amendment, allows witness to testify by video link clarke j rejected applications expand evidence and discovery add a new secret-profit during trial already under way for nearly three months. [2008] iehc 274 the has refused application cunningham group its case against

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Courts Service · 2008-07-30 · courts

High Court rejects medical-school quota challenge by aspiring doctor

high court rejects medical-school quota challenge by aspiring doctor frank prendergast argued that european applicants should be allowed to compete for fee-paying places reserved non-european students. the rejected his claim, finding funding and admissions arrangements lawful on evidence before it.

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Courts Service · 2008-07-30 · courts

High Court: judgment mortgage did not sever Lawlors’ joint tenancy

high court: judgment mortgage did not sever lawlors’ joint tenancy a preliminary ruling held that the registered debt security ceased to affect two dublin folios when liam lawlor died, leaving his wife as sole owner by survivorship. court had yet settle final form of its order. [2008] iehc 284 again

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Courts Service · 2008-07-30 · courts

High Court quashes Ombudsman ruling in Enfield Credit Union bond dispute

high court quashes ombudsman ruling in enfield credit union bond dispute the sent complaint back for a fresh investigation and adjudication, finding that key evidence had not been shared limited oral hearing was needed to resolve disputed facts. [2008] iehc 256 has quashed financial services require

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Courts Service · 2008-07-30 · courts

Minister ordered to pay costs through judicial review costs hearing

minister ordered to pay costs through judicial review hearing the high court ruled that applicant’s should not be cut off at date first offered a fixed sum, after applicant had agreed end proceedings if were taxed in default of agreement. [2008] iehc 280 has for justice, equality and law reform omar

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Courts Service · 2008-07-30 · courts

High Court refuses shareholder leave to bring Smart Telecom derivative action

high court refuses shareholder leave to bring smart telecom derivative action oisin fanning did not satisfy the that pursuing proposed claim over telecom’s 2006 business transfer would be prudent or in company’s interests. refused at this preliminary stage. [2008] iehc 277 court, commercial has perm

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Courts Service · 2008-07-30 · courts

High Court refuses leave for judicial review in child’s asylum case

high court refuses leave for judicial review in child’s asylum case the directed that concerns about assessment should be addressed through an appeal, while criticising gaps country information relied on by refugee applications commissioner. [2008] iehc 270 refused infant’s application to seek of co

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Courts Service · 2008-07-30 · courts

Supreme Court rules Bulmers’ Clonmel cider vats remained rateable

supreme court rules bulmers’ clonmel cider vats remained rateable the upheld tribunal’s conclusion that were used mainly to contain while natural fermentation took place, rather than induce a process of change. has valuation decision at bulmers limited’s dowd’s lane premises in did not qualify for a

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Courts Service · 2008-07-30 · courts

High Court refuses surrender over missing Hungarian court undertaking

high court refuses surrender over missing hungarian undertaking the found that a written retrial assurance from hungary’s central authority did not meet irish statutory requirement for an issuing judicial authority. [2008] iehc 271 ruled istvanne ficzere could be surrendered to hungary serve one-yea

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Courts Service · 2008-07-30 · courts

Supreme Court dismisses McKevitt appeal against conviction

supreme court dismisses mckevitt appeal against conviction the upheld of criminal appeal’s refusal leave to appeal, finding no basis treat as unsafe. it answered certified disclosure question in affirmative. dismissed michael mckevitt’s his for directing activities an organisation styling itself iri

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Courts Service · 2008-07-29 · courts

High Court dismisses challenge to sending accused for trial on indictment

high court dismisses challenge to sending accused for trial on indictment the found that dpp had never consented summary trial, despite an earlier mistaken indication district court. judge therefore no option but send case forward. [2008] iehc 266 dismissed jonathan gormley’s application judicial re

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Courts Service · 2008-07-29 · courts

Supreme Court rejects appeal over Irish jurisdiction in delayed separation case

supreme court rejects appeal over irish jurisdiction in delayed separation case the dismissed a husband’s challenge based on 1994 dutch divorce and maintenance order, refused to refer questions european of justice. underlying financial claims remain be heard. has seeking prevent courts from hearing

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Courts Service · 2008-07-29 · courts

High Court awards €75,000 over defamatory letter kept on planning file

high court awards €75,000 over defamatory letter kept on planning file the found an bord pleanála liable for keeping a false publicly accessible and ordered its removal, but declined to award aggravated damages. [2008] iehc 275 defamation after it withdrawn containing allegations file. awarded plain

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Courts Service · 2008-07-29 · courts

High Court quashes drink-driving conviction over missing checkpoint authorisation

high court quashes drink-driving conviction over missing checkpoint authorisation the answered two legal questions against prosecution in an appeal by way of case stated, finding that oral evidence did not prove required written authorisation. it itself enter acquittal or specify a further order. [2

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Courts Service · 2008-07-29 · courts

High Court rejects challenge to withdrawal of home tuition grant

high court rejects challenge to withdrawal of home tuition grant the found state had a constitutional and actionable statutory duty provide socialisation tuition, but applicant did not prove proposed school-based arrangements would fail meet his needs. [2008] iehc 265 refused judicial review by mino

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Courts Service · 2008-07-29 · courts

High Court appoints inspectors to investigate DCC group’s Fyffes share dealings

high court appoints inspectors to investigate dcc group’s fyffes share dealings the found grounds for a further investigation into transactions in 1995 and 2000, citing public interest concluding that an inspection would not be disproportionate. [2008] iehc 260 has decided appoint plc, s&l investmen

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Courts Service · 2008-07-29 · courts

High Court dismisses Croatian family’s challenge to deportation orders

high court dismisses croatian family’s challenge to deportation orders the found minister had considered circumstances, including children’s integration and mother’s medical history, ruled lawful. costs arguments were left for a later hearing. [2008] iehc 269 dismissed judicial review orders, findin

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Courts Service · 2008-07-29 · courts

High Court rules it cannot create trust to protect funds outside wardship

high court rules it cannot create trust to protect funds outside wardship the answered a preliminary jurisdiction question in negative, ruling had no power establish proposed scheme. did not decide whether francis dolan junior was of unsound mind or he should become ward court. [2008] iehc 264 has r

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Courts Service · 2008-07-28 · courts

High Court refuses release bid by man detained under mental health order

high court refuses release bid by man detained under mental health order the found that procedural irregularities in admission process did not make applicant’s detention unlawful, while acknowledging a technical delay notifying commission. [2008] iehc 262 has refused an application to involuntarily

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Courts Service · 2008-07-25 · courts

High Court rejects challenge to continued detention under temporary release regime

high court rejects challenge to continued detention under temporary release regime the held that review board could not enforce conditions on a discharge 2006 act, but found its decision continue lawful given applicant’s existing release. [2008] iehc 303 dismissed j.b.’s judicial mental health (crim

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Courts Service · 2008-07-25 · courts

High Court finds accountants breached duties over settlement money owed to three investors

high court finds accountants breached duties over settlement money owed to three investors the held that former data code were entitled shares of a us$250,000 fund, less their proportions expenses and legal costs. it dismissed claims against co-defendant reserved precise calculations costs for furth

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Courts Service · 2008-07-25 · courts

High Court dismisses former assistant commissioner’s challenge to mandatory retirement at 60

high court dismisses former assistant commissioner’s challenge to mandatory retirement at 60 martin donnellan argued that the rule was beyond minister’s powers and incompatible with eu age discrimination protections. rejected both grounds dismissed his case. [2008] iehc 467 donnellan’s requiring com

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Courts Service · 2008-07-25 · courts

Court refuses leave to appeal convictions for rape and assault causing harm

court refuses leave to appeal convictions for rape and assault causing harm the of criminal rejected challenges trial judge’s decision case jury, jury’s verdicts admission part applicant’s garda interview. refused a.d. his harm, finding no basis overturn rulings or verdicts. was convicted in central

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Courts Service · 2008-07-25 · courts

High Court orders PDC (Moate) to provide security for AIB’s costs

high court orders pdc (moate) to provide security for aib’s costs the order stays company’s claims against allied irish banks until is given; it does not itself stay claim liam conroy. [2008] iehc 281 has ordered ltd., which in official liquidation, plc’s of a trial over competing interests lands we

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Courts Service · 2008-07-25 · courts

High Court dismisses sellers’ claim for €38,465 in sale interest

high court dismisses sellers’ claim for €38,465 in sale interest mr justice mccarthy found the sellers were not ready, willing and able to complete on agreed date because their title still had unresolved mortgages. purchaser was obliged accept solicitors’ undertakings place of releases. [2008] iehc

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Courts Service · 2008-07-24 · courts

Criminal Appeal Court refuses late media coverage ground and new material

criminal appeal court refuses late media coverage ground and new material the of refused an application to add a pending leave-to-appeal admit further reports, finding no exceptional circumstances justify either step. by christopher griffin his for leave against conviction newspaper broadcast materi

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Courts Service · 2008-07-24 · courts

Court refuses Kim Kavanagh leave to appeal convictions for impeding justice

court refuses kim kavanagh leave to appeal convictions for impeding justice the of criminal found no basis overturn her two convictions, despite describing a trial judge’s comment about evidence as unwise. refused apprehension or prosecution co-accused following 2006 pharmacy robbery in dublin. cons

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Courts Service · 2008-07-24 · courts

High Court refuses solicitors’ bid to end delayed negligence claim

high court refuses solicitors’ bid to end delayed negligence claim the declined set aside renewal of a summons or dismiss former client’s claim, finding good reason let it proceed and insufficient prejudice justify ending at this stage. [2008] iehc 253 has refused applications by three solicitors in

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Courts Service · 2008-07-23 · courts

Supreme Court judge would dismiss Talbots’ planning appeal over unchallenged refusal ground

supreme court judge would dismiss talbots’ planning appeal over unchallenged refusal ground in a separate judgment dated 23 july 2008, mr justice kearns said the applicants could gain no benefit from proceedings because they had not challenged distinct reason for refusing permission. s.c. no. 02/06

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Courts Service · 2008-07-23 · courts

Supreme Court allows prosecution to proceed on 10 counts in historic abuse case

supreme court allows prosecution to proceed on 10 counts in historic abuse case the dismissed an appeal stop six and allowed dpp’s cross-appeal four others, while maintaining a prohibition one count. ruled that of d.d. could arising from allegations by five former residents industrial school. it mai

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Courts Service · 2008-07-23 · courts

High Court sends €51,000 legal-fee ruling back for reassessment

high court sends €51,000 legal-fee ruling back for reassessment the found that taxing master had not adequately analysed work behind fee or explained comparison cases and deductions. a different must reassess it. [2008] iehc 299 has set aside solicitors’ general instructions allowed in an appeal ari

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Courts Service · 2008-07-23 · courts

Supreme Court sends Talbots’ planning review application back to High Court

supreme court sends talbots’ planning review application back to high the held that a judge could not assume future would fail on an unchallenged ground when deciding whether judicial benefit applicants. allowed james and margaret talbot’s appeal sent their for leave seek further consideration. it d

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Courts Service · 2008-07-22 · courts

Supreme Court allows employer’s appeal after finding no proven link between workplace bullying and depression

supreme court allows employer’s appeal after finding no proven link between workplace bullying and depression the upheld that an employee had been bullied at work, but concluded he not proved caused his depression. it allowed dismissed claim. a former employee’s damages claim, while upholding subjec

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Courts Service · 2008-07-22 · courts

Supreme Court rules seven-minute delay did not make Garda detention unlawful

supreme court rules seven-minute delay did not make garda detention unlawful the allowed dpp’s case-stated appeal after finding unexplained before a breath test was not, on its face, so unreasonable as to unlawful. [2008] iesc 45 director of public prosecutions’ in case concerning test, ruling that

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Courts Service · 2008-07-21 · courts

High Court refuses bankruptcy summons without explanation for missing sheriff’s return

high court refuses bankruptcy summons without explanation for missing sheriff’s return the held it had discretion over an application by collector general and refused leave in absence of a nulla bona or reason its absence. [2008] iehc 250 general’s to issue serve against e. c., finding inappropriate

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Courts Service · 2008-07-21 · courts

High Court confirms Cisti Gugan Barra scheme after investor waives conditions

high court confirms cisti gugan barra scheme after investor waives conditions the confirmed a creditor and shareholder arrangement subject to changes, directed fund it on 8 july 2008 set limits company’s protection. [2008] iehc 251 of for teoranta 3 2008, intended waived that had prevented from conf

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Courts Service · 2008-07-21 · courts

High Court orders Dev Oil director to pay €425,864 and disqualifies him for eight years

high court orders dev oil director to pay €425,864 and disqualifies him for eight years the found that inadequate company records contributed substantial losses in debt recovery impeded liquidation. [2008] iehc 252 has ordered vivian devlin, a of gas ltd, be personally liable company’s debts disqual

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Courts Service · 2008-07-18 · courts

High Court orders surrender to Romania after rejecting objections

high court orders surrender to romania after rejecting objections the found that notification of romanian trial was established and alleged conduct corresponded robbery assault under irish law. [2008] iehc 259 has ordered florin hahui serve a 14-year prison sentence imposed there for in 1999. order

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Courts Service · 2008-07-18 · courts

High Court awards €90,000 over newspaper publication of unlawfully recorded calls

high court awards €90,000 over newspaper publication of unlawfully recorded calls the found associated newspapers had deliberately and unjustifiably breached michelle herrity’s constitutional right to privacy by publishing transcripts her private telephone conversations. [2008] iehc 249 awarded herr

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Courts Service · 2008-07-16 · courts

Supreme Court allows Omagh bombing civil claimants access to criminal case documents

supreme court allows omagh bombing civil claimants access to criminal case documents the dismissed appeals against permission produce books of evidence and allowed a cross-appeal concerning trial transcripts, subject high consent. has transcripts from proceedings in special be produced for action no

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Courts Service · 2008-07-16 · courts

Hardiman J would have allowed appeals over proposed use of Irish criminal records

hardiman j would have allowed appeals over proposed use of irish criminal records in a separate supreme court judgment, said the applicants had not provided enough information to justify permission for book evidence and trial transcripts be produced northern ireland civil proceedings. [2008] iesc 43

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Courts Service · 2008-07-16 · courts

Supreme Court allows BUPA appeal and quashes 2003 risk equalisation scheme

supreme court allows bupa appeal and quashes 2003 risk equalisation scheme the held that relied on an erroneous interpretation of “community rating” in health insurance act. it did not decide other issues raised proceedings. allowed ireland insurance’s proposed order quashing minister’s decision sta

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Courts Service · 2008-07-16 · courts

High Court refuses challenge to dismissal of Liberian man’s refugee appeal

high court refuses challenge to dismissal of liberian man’s refugee appeal the found that appeals tribunal had considered country information and gave no order quash its decision or send for a new hearing. [2008] iehc 245 has refused application dismissing his appeal, finding before it reached reaso

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Courts Service · 2008-07-15 · courts

High Court rejects Killarney family’s housing challenge

high court rejects killarney family’s housing challenge the refused declarations and mandatory orders over wait for a house, finding councils had taken reasonable steps under traveller accommodation programme. [2008] iehc 242 has rejected to town council kerry county their arrangements, refusing tha

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Courts Service · 2008-07-14 · courts

Supreme Court allows Medical Council appeal over inquiry into complaints against retired surgeon

supreme court allows medical council appeal over inquiry into complaints against retired surgeon the held that high had relied on a ground was not included in leave for judicial review. it allowed council’s limited appeal, without deciding wider fairness question detail. has part of order barred fur

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Courts Service · 2008-07-11 · courts

High Court grants leave in challenge to refugee-status recommendation

high court grants leave in challenge to refugee-status recommendation the allowed a 17-year-old applicant bring judicial review proceedings over handling of her asylum claim, but did not decide whether she should receive refugee status. [2008] iehc 235 has granted south african teenager challenging

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Courts Service · 2008-07-11 · courts

High Court allows father to take children to Hong Kong for one year under safeguards

high court allows father to take children hong kong for one year under safeguards the permitted temporary removal subject undertakings and set conditions access, schooling medical care. permanent could follow after if were met. [2008] iehc 469 allowed a his two from ireland temporarily year, series

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Courts Service · 2008-07-11 · courts

High Court refuses leave for judicial review in asylum case

high court refuses leave for judicial review in asylum case the said applicant could pursue a full oral appeal of refugee recommendation and found insufficient reason to grant review. [2008] iehc 238 has refused an bring proceedings challenging that she should not be declared refugee. had available

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Courts Service · 2008-07-11 · courts

High Court rules toll revenue shares are not a statutory charge for road valuations

high court rules toll revenue shares are not a statutory charge for road valuations in two appeals stated by the valuation tribunal, found that paid under negotiated agreements should be treated as taxes or charges when valuing properties. it left tribunal’s reduction factors and maintenance approac

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Courts Service · 2008-07-11 · courts

High Court refuses leave to challenge refugee recommendation for Nigerian-born child

high court refuses leave to challenge refugee recommendation for nigerian-born child the said mother had been questioned about internal relocation and rejected claims that commissioner’s process breached fair procedures. [2008] iehc 239 refused a minor’s application seek judicial review of she not b

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Courts Service · 2008-07-11 · courts

High Court refuses National Broadband Ltd challenge to satellite coverage mapping

high court refuses national broadband ltd challenge to satellite coverage mapping the found that decision was not a justiciable issue, brought late, and evidence did establish irrationality or state aid breach. [2008] iehc 240 has refused ltd’s judicial review exclusion of from exercise for scheme t

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Courts Service · 2008-07-11 · courts

High Court orders former solicitors to release client’s files while preserving lien

high court orders former solicitors to release client’s files while preserving lien the order lets james kavanagh continue his milk quota compensation claim, but leaves solicitors’ costs claim and intact. [2008] iehc 286 ordered alan donnelly & co. deliver kavanagh’s case current solicitors, subject

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Courts Service · 2008-07-11 · courts

High Court rejects challenge to ex parte domestic violence protection order law

high court rejects challenge to ex parte domestic violence protection order law the refused a man’s bid have section 5 of act 1996 declared unconstitutional, finding that differs in effect from an interim barring order. [2008] iehc 241 has rejected constitutionality allowing orders, refusing all ord

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Courts Service · 2008-07-11 · courts

High Court suspends legal effect of psychiatrist’s administrative leave pending further order

high court suspends legal effect of psychiatrist’s administrative leave pending further order an interlocutory ruling found a strong case that fair procedures were not followed at meeting leading to the decision. did decide underlying allegations or grant all relief sought. [2008] iehc 234 ordered h

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Courts Service · 2008-07-10 · courts

High Court dismisses Ryanair challenge over regulator’s response to complaint

high court dismisses ryanair challenge over regulator’s response to complaint a preliminary ruling found no duty tell whether market-abuse investigation would proceed, publish findings or explain decision not investigate. [2008] iehc 231 court, commercial the has dismissed holdings plc’s judicial re

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Courts Service · 2008-07-10 · courts

Supreme Court upholds ruling that Mental Treatment Act leave restriction was unconstitutional

supreme court upholds ruling that mental treatment act leave restriction was unconstitutional the dismissed state’s appeal over a provision requiring people to show substantial grounds of bad faith or lack reasonable care before bringing certain civil proceedings. an by minister for health and child

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Courts Service · 2008-07-09 · courts

High Court rules apartment sellers could complete sale despite management company strike-off listing

high court rules apartment sellers could complete sale despite management company strike-off listing the found company’s status did not make sellers’ title defective on agreed closing date. it indicated a declaration to that effect, with precise form of order still be heard. [2008] iehc 233 an in am

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Courts Service · 2008-07-09 · courts

High Court limits surrender to Polish prosecution for false credit claim

high court limits surrender to polish prosecution for false credit claim the refused two theft matters and an unlawful fishing sentence, finding warrant did not establish correspondence or required minimum sentence those offences. [2008] iehc 263 ordered that krzysztof wroblewski be surrendered pola

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Courts Service · 2008-07-09 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the applicant argued that appeals tribunal had not properly considered whether she could safely relocate within nigeria. refused permission seek judicial review. [2008] iehc 226 has an a should be declared refugee, finding her proposed gr

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Courts Service · 2008-07-08 · courts

High Court rejects bid to cap costs after €9,500 army deafness settlement

high court rejects bid to cap costs after €9,500 army deafness settlement the affirmed a taxing master’s ruling that statutory did not apply because proceedings ended in compromise rather than decision following hearing. [2008] iehc 223 has rejected minister for defence and attorney general’s applic

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Courts Service · 2008-07-08 · courts

High Court dismisses challenge to Meath planning permission over land sale covenant

high court dismisses challenge to meath planning permission over land sale covenant the ruled that a seller’s contractual promise not object applications also barred him from pursuing judicial review of granted buyer’s development partnership. [2008] iehc 224 dismissed joseph connolly’s proceedings

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Courts Service · 2008-07-07 · courts

High Court allows appeals over veterinary inspectors’ employment status

high court allows appeals over veterinary inspectors’ employment status the set aside an tribunal determination that five temporary inspectors were employees, finding errors in how framed and assessed their work relationship. it did not decide whether they employees or contractors. [2008] iehc 216 a

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Courts Service · 2008-07-04 · courts

High Court quashes ruling on planned quarry expansion at Arklow Rock

high court quashes ruling on planned quarry expansion at arklow rock the found that an bord pleanála had not first determined whether proposed southward would change land’s use. referral remains for board to decide again in accordance with law. [2008] iehc 210 quashed pleanála’s decision a of roadst

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Courts Service · 2008-07-04 · courts

High Court refuses challenge to refusal of .40-calibre pistol certificate

high court refuses challenge to refusal of .40-calibre pistol certificate the held that garda superintendents may weigh public safety and characteristics a particular firearm when deciding whether an applicant has good reason possess it. [2008] iehc 195 refused judicial review by ronan mccarron supe

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Courts Service · 2008-07-04 · courts

High Court orders children’s return to Queensland, subject to safeguards

high court orders children’s return to queensland, subject safeguards the rejected mother’s grave-risk defence on evidence before it, but stayed order until arrangements for welfare and support are in place. [2008] iehc 212 has ordered two children queensland with their mother after finding that did

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Courts Service · 2008-07-04 · courts

High Court finds risk of confusion between St. Patrick and Jameson whiskey labels

high court finds risk of confusion between st. patrick and jameson whiskey labels the concluded that labels’ overall visual similarity created a likelihood public confusion, despite their different names. judgment’s final pages state conclusion but do not include formal orders. [2008] iehc 236 coole

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Courts Service · 2008-07-03 · courts

Supreme Court dismisses appeal over destroyed car in dangerous-driving case

supreme court dismisses appeal over destroyed car in dangerous-driving case the ruled that missing vehicle did not create a real risk of an unfair trial, given available inspection reports and defence expert evidence. it also set out best practice for notifying accused people before vehicles are des

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Courts Service · 2008-07-03 · courts

Supreme Court rejects appeal over destroyed accident vehicle

supreme court rejects appeal over destroyed accident vehicle hardiman j said the evidence did not show a real risk that missing would make appellant’s trial unfair, while stressing destroying potentially relevant was legitimate. [2008] iesc refused relief to ciaran savage destruction of motor involv

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Courts Service · 2008-07-03 · courts

High Court rejects challenge to remand under suspended-sentence law

high court rejects challenge to remand under suspended-sentence law the refused quash a district judge’s decision record conviction and man that had imposed his suspended sentence, before returning case for sentencing. [2008] iehc 209 has judicial review another consideration of sentence colin harve

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Courts Service · 2008-07-03 · courts

Supreme Court dismisses appeal to halt road-traffic trial over destroyed car

supreme court dismisses appeal to halt road-traffic trial over destroyed car the accepted that gardaí breached their duty by destroying without considering accused’s interests, but found he had not shown a real risk of an unfair trial. dismissed ciaran savage’s seeking prohibit his for offences aris

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Courts Service · 2008-07-03 · courts

High Court orders sale of co-owned Malahide home, with proceeds split equally

high court orders sale of co-owned malahide home, with proceeds split equally on a full rehearing circuit appeal, the set parties’ beneficial interests at 50% each and ordered under partition act 1868. [2008] iehc 207 circuit; dublin circuit, county city has house in jointly owned by marie sheehy th

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Courts Service · 2008-07-03 · courts

High Court rejects Congolese couple’s challenge to asylum refusal

high court rejects congolese couple’s challenge to asylum refusal mr justice gilligan dismissed the judicial review, finding no basis fault refugee appeals tribunal’s credibility assessment. did not determine their claims afresh. [2008] iehc 254 has a of appeals, grounds set aside decision. ruled on

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Courts Service · 2008-07-02 · courts

High Court orders cancellation of caution over Roscommon land

high court orders cancellation of caution over roscommon land the found desmond maughan was not a party to purchase, declared he had no interest in lands and ordered removed. separate partnership accounting claims were unaffected. [2008] iehc 455 has that two parcels near town registrar titles cance

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Courts Service · 2008-07-01 · courts

High Court refuses challenge to Wheatfield Prison disciplinary penalty

high court refuses challenge to wheatfield prison disciplinary penalty the found prisoner had admitted charge and was not largely unclothed when confronted with report. it refused all relief sought. [2008] iehc 206 has david gibbons’s a 2004 decision at prison, finding that he staff him gibbons soug

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Courts Service · 2008-07-01 · courts

Court rejects leave to appeal bid over Laois drugs conviction

court rejects leave to appeal bid over laois drugs conviction the of criminal refused after rejecting challenges a retrial for possessing amphetamine supply, including arguments about prior conviction, possession, drug analysis and value. {'name': 'court appeal', 'country': 'ireland'} has rejected a

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