Courts Service · 2008-12-19 · courts
high court rejects quarry operator’s challenge to refusal of explosives transfer document the held that a garda superintendent could refuse after receiving information quarry’s planning application was based on no-blasting scenario. it refused judicial review application. [2008] iehc 428 has by m. f
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court blocks surrender of piotr sliczynski on one polish sentence but allows three others the has ruled that may be surrendered to poland serve prison sentences, not a fourth imposed following trial held in his absence. appealed high order directing for four separate terms imprisonment by co
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court directs district judge to consider correcting defective trial-return orders the refused extend time for dpp’s certiorari application but allowed an extension mandamus, directing hear and determine correct omitted charge schedules. [2008] iehc 419 has directed a by director of public prose
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court upholds surrender of polish man on three sentences but excludes fourth conviction the has upheld piotr sliczynski to poland in respect prison sentences, while limiting high order so that it does not extend a imposed his absence. ms justice macken delivered judgment december 19, 2008, s
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
hse ordered to pay six pharmacy plaintiffs damages over reimbursement cuts the high court ruled that should reflect lower medicine reimbursements paid from september 2006 2008, plus interest. judgment did not quantify sums owed. [2008] iehc 373 has companies are entitled substantive and interest aft
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court rejects state liability appeal over abuse by national school teacher the held that was not vicariously liable for committed a employed manager, while leaving open whether direct employer could be on different facts. dismissed louise o’keeffe’s against dismissal of her claim sexual teac
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
court of criminal appeal reduces sentences for attempted murder and firearms offences the upheld darren larkin’s convictions but replaced life sentence concurrent 20-year terms with 15 10 years. two offences, reduced his sentences. it a years respectively. jury in central convicted larkin on 23 apri
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court dismisses all claims in cobh titanic bar dispute the found that a july 2000 letter set out agreement between parties and rejected remaining concerning business, its debts later property deed. [2008] iehc 372 has dismissed over development operation of restaurant scott’s building, cobh, kn
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court orders dublin property sold for at least €300,000 in revised divorce settlement amid a sharp fall values, the changed how proceeds from 11 p would be handled and discharged husband €60,000 lump-sum obligation, subject to being or transferred wife. [2008] iehc 471 has terms sale under an e
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court judge rejects state liability claim over abuse at cork national school a has rejected louise o’keeffe’s appeal seeking to hold the vicariously liable for sexual committed by teacher dunderrow near kinsale, co cork, in 1973. o’keeffe had already obtained judgment against retired leo hic
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court makes no costs order after rejecting restriction bid against kranks korner directors the had already found acted honestly and responsibly. in a later ruling, it declined to award either side, citing failures by both liquidator directors. [2008] iehc 423 made for dismissing liquidator’s ap
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court finds underage buggery offence required a mental element as to age the held that section 3 of 1993 act was not strict-liability offence, but left precise and any change plea criminal trial court. [2008] iehc 426 has ruled an under law (sexual offences) one strict liability included concer
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court allows execution of costs orders after long delay ms justice dunne granted the minister leave to enforce two against bula, finding that was explained and had caused no relevant prejudice. [2008] iehc 437 has for energy michael o’connell issue on there a good explanation prejudice bula. in
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court finds media respondents guilty of criminal contempt over cab reporting the ruled that reports and a book extract disclosed material from closed proceeds-of-crime proceedings. it could not punish for breaching publication ban they had no notice of, but found separate breach in-camera rule;
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court rules age must matter in charge under amended 1935 act the rejected a constitutional challenge to offence provision, holding that trial interpret it make accused’s knowledge of complainant’s relevant. [2008] iehc 427 has ruled considering an sexual-offence law treat as did not decide whet
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
appeal court refuses dpp bid to increase suspended sentence for cork robbery the of criminal held that prosecution had not shown five-year was unduly lenient, given offender’s lesser role and prospects rehabilitation. has refused an application by director public prosecutions review a five years man
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court judge finds state should share liability for 1973 school sexual abuse a concluded that the be held vicariously liable suffered by louise o’keeffe while she was pupil at dunderrow national in kinsale, co cork, 1973. mr justice geoghegan said he would allow ms o’keeffe’s appeal from high
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court rejects gilligan family procedural challenges in proceeds of crime proceedings the has rejected a series brought by john gilligan, geraldine and other members act dating from 1996. case arose after then chief superintendent michael f. murphy obtained an interim freezing order november
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court confirms injury claimants can have solicitors deal directly with piab the has confirmed that a personal injuries claimant may instruct solicitor to assessment board, rejecting board’s policy of insisting on communicating claimant. case arose from workplace accident in november 2001 whi
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
supreme court rejects piab policy of bypassing an injured claimant’s solicitor the dismissed piab’s appeal and upheld a declaration that it must act on authorisation for legal representation, while allowing to copy correspondence claimant. has by personal injuries assessment board (piab), upholding
Report a correction · Ask for more detail
Courts Service · 2008-12-19 · courts
high court adjourns decision on injunction against gavin family camp the found had trespassed dublin city council land but deferred deciding whether to order them leave, pending council’s efforts make a suitable site available. [2008] iehc 444 has adjourned its martin and other defendants leave near
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court grants leave to challenge asylum appeal ruling on credibility grounds the found substantial argue that refugee appeals tribunal’s assessment was legally flawed, but did not decide substantive judicial review. [2008] iehc 424 granted g.y. seek review of a tribunal decision upheld recommend
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court orders shelbourne operator to open records hotel owner the stayed substantive proceedings for arbitration but ordered immediate access specified while proceeds. [2008] iehc 376 of dublin’s give hotel’s management, audit, customer, employee and accounting information amid a dispute over fi
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court refuses bid to quash drunk-driving conviction over garda’s recall the held that recalling garda after prosecution closed was permissible because defence had not notified in advance detention period being challenged. [2008] iehc 436 has refused an application a man’s for drunk driving, fin
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court finds game hunter had a contract with national association the ruling resolves preliminary legal question in membership dispute. it does not decide whether breached or plaintiff is entitled to relief. [2008] iehc 438 has ruled that hunter’s of association’s compensation fund created contr
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court left cobh detention dispute for district judge to decide the consultative case stated concerned a 1 hour and 24 minute delay in charging man after computer failure. gave guidance but made no final finding on whether was unlawful. [2008] iehc 442 has it man’s at garda station became unlawf
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court refuses leave for judicial review after finding delays unjustified mr justice hedigan refused an extension of time challenges to three immigration decisions and declined consider two further challenges, citing delay. the did not examine underlying on their merits. [2008] iehc 431 applican
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court awards family half their costs after housing judicial review fails the declined to order against applicants, citing councils’ failure respond meaningfully correspondence about conditions. [2008] iehc 434 has ordered killarney town council and kerry county pay 50% of a family’s unsuccessfu
Report a correction · Ask for more detail
Courts Service · 2008-12-18 · courts
high court refuses leave to challenge deportation orders in nigerian family’s case the rejected an extension of time a refugee appeal decision and found no substantial grounds minister’s decision. [2008] iehc 433 refused application for seek judicial review made against mother two her children, find
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
high court sets aside renewal of medical-negligence summons against two defendants the ruled that plaintiffs had not shown good reason for renewing in 2005 and a later one defendant was sought outside permitted period. [2008] iehc 453 has set orders damages claim arising from death mirek bingham. mr
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
o’brien’s awarded €35,516.87 in franchise dispute; former franchisee’s counterclaim dismissed the high court damages for lost fees after finding franchisee breached post-termination competition restrictions. it declined other orders sought by company and her counterclaim. [2008] iehc 466 irish sandw
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
supreme court orders review of privileged solicitor files in mcmullen litigation the has ordered an in-camera selected brought by michael colin geoffrey against giles j. kennedy, while stopping short directing that documents be handed to mr mcmullen. ms justice macken held should inspect a limited g
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
supreme court rejects bid for privileged solicitor files in long-running mcmullen litigation the has rejected michael colin mcmullen’s attempt to inspect hundreds of legally documents held by giles j kennedy from earlier involving former solicitors. application arose a series cases. had previously s
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
high court orders surrender to poland over alleged robbery the held that warrant’s description of an 2004 mugging corresponded under irish law, allowing proceedings go ahead. [2008] iehc 377 has ordered janusz mazurkiewicz poland, where he is sought for prosecution robbery. found conduct described i
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
high court dismisses kanwell claim over vat refund offsets the found that had requested and accepted earlier against group companies’ tax liabilities, while later kanwell’s own liabilities were authorised by statute. [2008] iehc 380 has dismissed a developments ltd. revenue commissioners use of its
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
high court refuses bid to stop prosecution after dpp reversed decision the rejected an application restrain two sexual assault charges, finding no breach of fair procedures and, alternatively, that applicant’s uncontested admissions weighed against granting relief. [2008] iehc 451 has refused by j.m
Report a correction · Ask for more detail
Courts Service · 2008-12-17 · courts
high court orders surrender to poland, except for offences covered by a joint sentence the found irish-law correspondence most in warrant but refused two carrying single, indivisible two-year sentence. [2008] iehc 439 ordered of jaroslaw nowakowski poland serve prison sentences imposed listed europe
Report a correction · Ask for more detail
Courts Service · 2008-12-16 · courts
supreme court rules corporate body cannot face section 150 restriction order as shadow director the allowed an appeal on a preliminary point of law, holding that statutory form apply to director. it did not decide whether appellant was in fact has ruled be made subject under companies act 1990, even
Report a correction · Ask for more detail
Courts Service · 2008-12-16 · courts
court of criminal appeal quashes michael breen’s firearm conviction the ruled that answers given while breen was handcuffed and physically restrained should not have been admitted. it quashed his did order a retrial. has for possession in circumstances giving rise to an inference unlawful purpose, r
Report a correction · Ask for more detail
Courts Service · 2008-12-16 · courts
supreme court allows appeal over corporate shadow directors and disqualification law geoghegan j. agreed that section 150 of the companies act 1990 applies to human persons, not bodies, gave additional reasons concerning directors. allowed an in proceedings worldport ireland limited, which was liqui
Report a correction · Ask for more detail
Courts Service · 2008-12-16 · courts
high court refuses leave to challenge rejection of lebanese family’s asylum appeals the extended time for judicial review application but found family had not shown substantial grounds quash refugee tribunal decision. [2008] iehc 409 has refused a seek decision rejecting their appeals, finding they
Report a correction · Ask for more detail
Courts Service · 2008-12-16 · courts
supreme court dismisses dpp appeal over lost note in dangerous-driving case the upheld an order stopping prosecution after finding a real risk of unfair trial, given missing registration-number and hostility between accused’s family witnesses. [2008] iesc 67 {'name': 'supreme court', 'source_context
Report a correction · Ask for more detail
Courts Service · 2008-12-16 · courts
supreme court allows appeal against five-year director restrictions the found directors acted honestly and responsibly overall, accepting their explanations for a late annual return missing lap-dancing-club records. has allowed an by david long gerry wright high order restricting them from acting as
Report a correction · Ask for more detail
Courts Service · 2008-12-15 · courts
supreme court rules mayo man was not entitled to share of £1.57m lottery win the has ruled that martin horan a £1,577,578 national secured by syndicate based around ballyvary, county mayo. winning ticket bought in castlebar on 6 january 2001 seamus o’brien behalf syndicate. group had originally cons
Report a correction · Ask for more detail
Courts Service · 2008-12-12 · courts
high court finds dublin city council’s eviction process breached tenants’ rights the ruled that a summary possession gave couple no independent hearing to challenge disputed anti-social behaviour allegations. judgment’s supplied text ends with conclusions and does not include final orders section. [
Report a correction · Ask for more detail
Courts Service · 2008-12-12 · courts
high court orders staged divorce provision after €19m land sale a judge declined to treat 1996 separation agreement as barring further financial relief and set out substantial for the applicant, subject refinements formal order. [2008] iehc 473 has ordered woman seeking divorce, finding that did not
Report a correction · Ask for more detail
Courts Service · 2008-12-12 · courts
high court rules brief detention period did not require tribunal review the held that 10-day replacement renewal order had expired before a could be completed, and found applicant’s later renewals lawful. [2008] iehc 450 ruled for an anonymised patient mental health because completed. it also conclu
Report a correction · Ask for more detail
Courts Service · 2008-12-12 · courts
high court rejects challenge to revenue seizure of four mitsubishi lancers the declined judicial review, citing lack candour and applicants’ decision not use available appeals process. it also rejected their challenges notices fair procedures. [2008] iehc 397 has an application for review by l.c. au
Report a correction · Ask for more detail
Courts Service · 2008-12-12 · courts
high court sends part of arbitration award back for correction the found arbitrator exceeded his jurisdiction by addressing sums already covered a judgment, but left defect assessments undisturbed. [2008] iehc 383 has sent parts an to correct and reconsider costs, while refusing disturb amounts asse
Report a correction · Ask for more detail
Courts Service · 2008-12-12 · courts
high court refuses leave to challenge deportation order the rejected a minister’s decision, while refusing contest earlier asylum and subsidiary protection decisions on separate procedural grounds. [2008] iehc 384 has refused an applicant seek judicial review of order, finding that he had not establ
Report a correction · Ask for more detail
Courts Service · 2008-12-11 · courts
appeal court replaces drug sentence with three years, last 12 months suspended the of criminal set aside gerard quigley’s original three-year after finding sentencing judge had not been told about applicable penalty provisions or prior drugs conviction. it imposed a new term, suspending final year.
Report a correction · Ask for more detail
Courts Service · 2008-12-11 · courts
high court refuses leave to challenge nigerian family’s deportation orders the found no substantial grounds permit judicial review of and subsidiary protection decisions. it extended time for challenge; request halt did not arise. [2008] iehc 385 refused a mother her four minor children seek refusal
Report a correction · Ask for more detail
Courts Service · 2008-12-10 · courts
employer liable for unsafe loading area after worker’s foot was run over the high court found clones poultry processors breached its duty of care to a dispatch manager, while attributing 40% responsibility accident him. [2008] iehc 412 that limited an employee who injured delivery van in lane used b
Report a correction · Ask for more detail
Courts Service · 2008-12-10 · courts
high court rejects botany weaving’s claim to dublin garage plot the found company had not proved adverse possession of small behind a at 33 emerald square and declared anthony kelleher its lawful owner. [2008] iehc 417 has owner in 8, rejecting weaving mills limited’s that it acquired land through p
Report a correction · Ask for more detail
Courts Service · 2008-12-10 · courts
high court refuses challenge to refusal of renewed asylum application the found minister was entitled decide applicant’s request on reasons she put forward and did not have examine matters had raised. [2008] iehc 388 has refused an for judicial review challenging justice’s consent a moldovan woman m
Report a correction · Ask for more detail
Courts Service · 2008-12-09 · courts
high court refuses bid to quash reporting order in incest case the said statutory anonymity ban remained force regardless of outcome criminal trial, so quashing separate would change nothing. [2008] iehc 378 has refused an application restricting media a case, holding that trial’s outcome. judgment
Report a correction · Ask for more detail
Courts Service · 2008-12-09 · courts
high court quashes conviction and bars retrial after unfair drink-driving trial the set aside a for failing to provide breath sample directed that there be no further trial, finding fresh hearing would prejudice applicant. [2008] iehc 416 quashed woman’s she face concluding way her was conducted mad
Report a correction · Ask for more detail
Courts Service · 2008-12-09 · courts
high court grants leave over errors in asylum appeal credibility decision the found a significant factual error tribunal’s reasoning and said applicant’s explanation about his uncle’s arrest needed closer consideration. it granted for judicial review; did not quash this judgment. [2008] iehc 390 an
Report a correction · Ask for more detail
Courts Service · 2008-12-09 · courts
high court quashes 29-category disclosure order in speeding case the sent request back to district for a relevancy hearing, saying broad had been made without one. [2008] iehc 391 has quashed requiring of 29 categories material prosecution and remitted full hearing. judgment delivered on 9 december
Report a correction · Ask for more detail
Courts Service · 2008-12-08 · courts
high court rules inheritance disclaimers void in motor insurers bureau dispute the found that two family members’ of would hinder recovery a debt assigned to bureau. it also discharged stop order and dismissed an earlier motion, while adjourning proceedings for submissions on form final orders. [200
Report a correction · Ask for more detail
Courts Service · 2008-12-08 · courts
high court refuses leave to challenge paper-only asylum appeal restriction the found no substantial grounds review recommendation or statutory on an oral appeal. ruling concerned permission seek judicial review, not a fresh decision claim. [2008] iehc 399 refused applicant of negative recommendation
Report a correction · Ask for more detail
Courts Service · 2008-12-05 · courts
high court dismisses challenge to penneys waterford planning permission the rejected a judicial review application against an bord pleanála’s approval, citing late service on notice party and lack of substantial grounds quash decision. [2008] iehc 394 court, commercial dismissed thomas griffin’s for
Report a correction · Ask for more detail
Courts Service · 2008-12-05 · courts
high court refuses supreme appeal certificate in asylum judicial review the declined respondents’ request to certify an appeal, finding case raised no point of law meeting statutory test exceptional public importance. [2008] iehc 395 has refused state respondents leave review, declining that a mr ju
Report a correction · Ask for more detail
Courts Service · 2008-12-05 · courts
high court refuses to quash preschool operator’s conviction over supervision the dismissed a judicial review challenge €250 fine after finding district was entitled rely on expert evidence that two adults were insufficient supervise 24 children. [2008] iehc 398 has refused for failing ensure enough
Report a correction · Ask for more detail
Courts Service · 2008-12-03 · courts
supreme court bars worn-tyre charge but allows two dangerous-driving prosecutions to proceed the found a real risk of an unfair trial on tyre because was unavailable for inspection. it set aside prohibition charges. has prohibited further prosecution liam toohey concerning allegedly excessively worn
Report a correction · Ask for more detail
Courts Service · 2008-12-03 · courts
high court refuses late judicial review challenge by nigerian mother and child the applicants sought more time to asylum, subsidiary protection deportation decisions. found no good sufficient reason extend deadline dismissed proceedings. [2008] iehc 440 refused a her young son an extension of bring
Report a correction · Ask for more detail
Courts Service · 2008-12-03 · courts
six-year-old should be heard in hague return case, high court rules the directed that a child interviewed and assessed ongoing proceedings, while stressing decision does not determine what weight judge give child’s views. [2008] iehc 382 has ruled have an opportunity to proceedings over application
Report a correction · Ask for more detail
Courts Service · 2008-12-03 · courts
high court rejects abuse of process challenge to bankruptcy petition the found creditor entitled an adjudication after rejecting debtor’s claim that was brought out spite. it left next steps for further hearing. [2008] iehc 435 rejected a his former wife’s process, finding she over unpaid court-orde
Report a correction · Ask for more detail
Courts Service · 2008-12-02 · courts
high court refuses challenge to army discharge after positive cannabis tests the found a rational basis for general officer commanding’s decision, while stressing that it was reviewing decision rather than hearing an appeal on merits. [2008] iehc 404 has refused recruit’s application quash his two l
Report a correction · Ask for more detail
Courts Service · 2008-12-02 · courts
supreme court allows two delayed summary prosecutions to proceed the found unjustifiable delay in both cases, but dismissed appeals seeking stop prosecutions. it said executing bench warrants can warrant inquiry, with result depending on circumstances of each case. by stephen cormack and keith farre
Report a correction · Ask for more detail
Courts Service · 2008-12-02 · courts
high court dismisses abuse claim against de la salle representative over delay the found a real and serious risk of an unfair trial after decades dismissed plaintiff’s first-named defendant only. [2008] iehc 407 man’s order brothers, finding that passage time created trial. ruling addressed defendan
Report a correction · Ask for more detail
Courts Service · 2008-12-01 · courts
high court rules speed notice valid despite form errors the said substantially followed prescribed and summons should not have been dismissed because no substantial confusion was shown. [2008] iehc 375 ruled that a fixed charge for speeding in its form, district against keith o’sullivan. mr justice
Report a correction · Ask for more detail
Courts Service · 2008-12-01 · courts
high court refuses order enforcing €1.5m schull property sale the judge found that agreed price depended on a scheme designed to get around planning restrictions, and declined specific performance. [2008] iehc 374 court, commercial division has refused purchaser complete €1.5 million of near schull,
Report a correction · Ask for more detail