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Courts Service · 2008-12-19 · courts

High Court rejects quarry operator’s challenge to refusal of explosives transfer document

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

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Courts Service · 2008-12-19 · courts

Supreme Court blocks surrender of Piotr Sliczynski on one Polish sentence but allows three others

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

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Courts Service · 2008-12-19 · courts

High Court directs District Judge to consider correcting defective trial-return orders

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

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Courts Service · 2008-12-19 · courts

Supreme Court upholds surrender of Polish man on three sentences but excludes fourth conviction

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

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Courts Service · 2008-12-19 · courts

HSE ordered to pay six pharmacy plaintiffs damages over reimbursement cuts

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

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Courts Service · 2008-12-19 · courts

Supreme Court rejects State liability appeal over abuse by national school teacher

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

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Courts Service · 2008-12-19 · courts

Court of Criminal Appeal reduces sentences for attempted murder and firearms offences

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

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Courts Service · 2008-12-19 · courts

High Court dismisses all claims in Cobh Titanic bar dispute

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

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Courts Service · 2008-12-19 · courts

High Court orders Dublin property sold for at least €300,000 in revised divorce settlement

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

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Courts Service · 2008-12-19 · courts

Supreme Court judge rejects State liability claim over abuse at Cork national school

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

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Courts Service · 2008-12-19 · courts

High Court makes no costs order after rejecting restriction bid against Kranks Korner directors

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

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Courts Service · 2008-12-19 · courts

High Court finds underage buggery offence required a mental element as to age

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

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Courts Service · 2008-12-19 · courts

High Court allows execution of costs orders after long delay

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

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Courts Service · 2008-12-19 · courts

High Court finds media respondents guilty of criminal contempt over CAB reporting

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;

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Courts Service · 2008-12-19 · courts

High Court rules age must matter in charge under amended 1935 Act

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

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Courts Service · 2008-12-19 · courts

Appeal court refuses DPP bid to increase suspended sentence for Cork robbery

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

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Courts Service · 2008-12-19 · courts

Supreme Court judge finds State should share liability for 1973 school sexual abuse

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

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Courts Service · 2008-12-19 · courts

Supreme Court rejects Gilligan family procedural challenges in Proceeds of Crime proceedings

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

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Courts Service · 2008-12-19 · courts

Supreme Court confirms injury claimants can have solicitors deal directly with PIAB

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

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Courts Service · 2008-12-19 · courts

Supreme Court rejects PIAB policy of bypassing an injured claimant’s solicitor

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

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Courts Service · 2008-12-19 · courts

High Court adjourns decision on injunction against Gavin family camp

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

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Courts Service · 2008-12-18 · courts

High Court grants leave to challenge asylum appeal ruling on credibility grounds

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

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Courts Service · 2008-12-18 · courts

High Court orders Shelbourne operator to open records to hotel owner

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

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Courts Service · 2008-12-18 · courts

High Court refuses bid to quash drunk-driving conviction over Garda’s recall

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

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Courts Service · 2008-12-18 · courts

High Court finds game hunter had a contract with national association

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

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Courts Service · 2008-12-18 · courts

High Court left Cobh detention dispute for District Court judge to decide

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

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Courts Service · 2008-12-18 · courts

High Court refuses leave for judicial review after finding delays unjustified

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

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Courts Service · 2008-12-18 · courts

High Court awards family half their costs after housing judicial review fails

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

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Courts Service · 2008-12-18 · courts

High Court refuses leave to challenge deportation orders in Nigerian family’s case

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

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Courts Service · 2008-12-17 · courts

High Court sets aside renewal of medical-negligence summons against two defendants

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

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Courts Service · 2008-12-17 · courts

O’Brien’s awarded €35,516.87 in franchise dispute; former franchisee’s counterclaim dismissed

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

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Courts Service · 2008-12-17 · courts

Supreme Court orders review of privileged solicitor files in McMullen litigation

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

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Courts Service · 2008-12-17 · courts

Supreme Court rejects bid for privileged solicitor files in long-running McMullen litigation

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

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Courts Service · 2008-12-17 · courts

High Court orders surrender to Poland over alleged robbery

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

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Courts Service · 2008-12-17 · courts

High Court dismisses Kanwell claim over VAT refund offsets

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

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Courts Service · 2008-12-17 · courts

High Court refuses bid to stop prosecution after DPP reversed decision

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

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Courts Service · 2008-12-17 · courts

High Court orders surrender to Poland, except for offences covered by a joint sentence

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

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Courts Service · 2008-12-16 · courts

Supreme Court rules corporate body cannot face section 150 restriction order as shadow director

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

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Courts Service · 2008-12-16 · courts

Court of Criminal Appeal quashes Michael Breen’s firearm conviction

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

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Courts Service · 2008-12-16 · courts

Supreme Court allows appeal over corporate shadow directors and disqualification law

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

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Courts Service · 2008-12-16 · courts

High Court refuses leave to challenge rejection of Lebanese family’s asylum appeals

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

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Courts Service · 2008-12-16 · courts

Supreme Court dismisses DPP appeal over lost note in dangerous-driving case

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

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Courts Service · 2008-12-16 · courts

Supreme Court allows appeal against five-year director restrictions

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

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Courts Service · 2008-12-15 · courts

Supreme Court rules Mayo man was not entitled to share of £1.57m lottery win

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

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Courts Service · 2008-12-12 · courts

High Court finds Dublin City Council’s eviction process breached tenants’ rights

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. [

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Courts Service · 2008-12-12 · courts

High Court orders staged divorce provision after €19m land sale

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

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Courts Service · 2008-12-12 · courts

High Court rules brief detention period did not require tribunal review

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

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Courts Service · 2008-12-12 · courts

High Court rejects challenge to Revenue seizure of four Mitsubishi Lancers

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

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Courts Service · 2008-12-12 · courts

High Court sends part of arbitration award back for correction

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

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Courts Service · 2008-12-12 · courts

High Court refuses leave to challenge deportation order

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

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Courts Service · 2008-12-11 · courts

Appeal court replaces drug sentence with three years, last 12 months suspended

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.

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Courts Service · 2008-12-11 · courts

High Court refuses leave to challenge Nigerian family’s deportation orders

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

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Courts Service · 2008-12-10 · courts

Employer liable for unsafe loading area after worker’s foot was run over

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

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Courts Service · 2008-12-10 · courts

High Court rejects Botany Weaving’s claim to Dublin garage plot

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

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Courts Service · 2008-12-10 · courts

High Court refuses challenge to refusal of renewed asylum application

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

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Courts Service · 2008-12-09 · courts

High Court refuses bid to quash reporting order in incest case

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

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Courts Service · 2008-12-09 · courts

High Court quashes conviction and bars retrial after unfair drink-driving trial

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

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Courts Service · 2008-12-09 · courts

High Court grants leave over errors in asylum appeal credibility decision

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

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Courts Service · 2008-12-09 · courts

High Court quashes 29-category disclosure order in speeding case

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

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Courts Service · 2008-12-08 · courts

High Court rules inheritance disclaimers void in Motor Insurers Bureau dispute

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

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Courts Service · 2008-12-08 · courts

High Court refuses leave to challenge paper-only asylum appeal restriction

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

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Courts Service · 2008-12-05 · courts

High Court dismisses challenge to Penneys Waterford planning permission

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

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Courts Service · 2008-12-05 · courts

High Court refuses Supreme Court appeal certificate in asylum judicial review

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

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Courts Service · 2008-12-05 · courts

High Court refuses to quash preschool operator’s conviction over supervision

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

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Courts Service · 2008-12-03 · courts

Supreme Court bars worn-tyre charge but allows two dangerous-driving prosecutions to proceed

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

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Courts Service · 2008-12-03 · courts

High Court refuses late judicial review challenge by Nigerian mother and child

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

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Courts Service · 2008-12-03 · courts

Six-year-old should be heard in Hague return case, High Court rules

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

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Courts Service · 2008-12-03 · courts

High Court rejects abuse of process challenge to bankruptcy petition

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

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Courts Service · 2008-12-02 · courts

High Court refuses challenge to Army discharge after positive cannabis tests

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

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Courts Service · 2008-12-02 · courts

Supreme Court allows two delayed summary prosecutions to proceed

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

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Courts Service · 2008-12-02 · courts

High Court dismisses abuse claim against De La Salle representative over delay

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

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Courts Service · 2008-12-01 · courts

High Court rules speed notice valid despite form errors

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

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Courts Service · 2008-12-01 · courts

High Court refuses order enforcing €1.5m Schull property sale

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,

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