Courts Service · 2009-02-27 · courts
high court orders former solicitors to release files in long-running baltinglass property case [2009] iehc 103 the has ordered pamela treacy’s hand over needed for her proceedings concerning a licensed premises and dwelling baltinglass, co wicklow. miss justice laffoy directed that documents be tran
Report a correction · Ask for more detail
Courts Service · 2009-02-27 · courts
high court refuses to set aside renewal of finger injury claim summons the found good reason preserve order, citing manufacturer’s early knowledge accident and lack serious prejudice shown. judgment’s concluding passage does not state formal disposition every item relief sought. [2009] iehc 612 refu
Report a correction · Ask for more detail
Courts Service · 2009-02-26 · courts
criminal appeal court refuses leave to challenge convictions in doherty case the found no basis overturn at this stage, holding that defence strategy and trial judge’s handling of evidence did not establish an unfair or unsafe verdicts. refused daniel his convictions, finding conclude was verdicts w
Report a correction · Ask for more detail
Courts Service · 2009-02-26 · courts
high court finds detention at st brigid’s hospital lawful after garda intervention in drogheda [2009] iehc 100 the has ruled that of an anonymised man ardee was gardaí acted on concerns raised by two psychiatrists. s.c. challenged his under article 40.4.2 constitution. he had been arrested family ho
Report a correction · Ask for more detail
Courts Service · 2009-02-25 · courts
high court refuses leave to challenge nigerian asylum decision the found no substantial grounds impugn refugee appeals tribunal’s decision, while criticising its formulaic treatment of earlier tribunal decisions. [2009] iehc 94 refused an applicant seek judicial review a (rat) that affirmed recommen
Report a correction · Ask for more detail
Courts Service · 2009-02-25 · courts
high court dismisses mother and daughter’s challenge to asylum decisions the upheld refugee appeals tribunal’s decision on state protection in ghana found claim had been validly included her mother’s application. [2009] iehc 92 dismissed judicial review claims by a ghanaian minor daughter challengin
Report a correction · Ask for more detail
Courts Service · 2009-02-25 · courts
high court rejects damages claim over quashed rape and sexual assault convictions [2009] iehc 178 the has rejected joseph kemmy’s for compensation from state after were following a finding that his trial had been unfair. kemmy was convicted at central criminal on 16 december 2000. in april 2001, he
Report a correction · Ask for more detail
Courts Service · 2009-02-24 · courts
supreme court voids kildare land-transfer agreement linked to jigginstown rezoning by ruth mercer the has overturned a high ruling and declared void an under which charles mchugh was transfer part of his lands at jigginstown, naas, county council free charge if other were rezoned for development. ow
Report a correction · Ask for more detail
Courts Service · 2009-02-24 · courts
high court refuses challenge to asylum appeal decision the found no error in refugee appeals tribunal’s credibility assessment and refused an order quashing its decision. [2009] iehc 93 has applicant’s request quash a tribunal that upheld rejection of her application for status. judgment delivered o
Report a correction · Ask for more detail
Courts Service · 2009-02-24 · courts
supreme court dismisses dpp appeal over missing lidl cctv footage the upheld an order prohibiting a trial on leather-jacket theft charge, finding real risk to fairness because defence could not test central identification evidence. no. 492 of 2006 dismissed by director public prosecutions and affirm
Report a correction · Ask for more detail
Courts Service · 2009-02-24 · courts
supreme court allows dpp appeal over missing robbery cctv the set aside a high order halting prosecution, finding accused had not shown that shop recording created real risk of an unfair trial. has allowed by director public prosecutions and refused application to stop despite gardaí’s loss shop’s s
Report a correction · Ask for more detail
Courts Service · 2009-02-20 · courts
high court refuses bid to dismiss abuse claim over delay the found before proceedings began was excusable and no clear, patent unfairness had been shown in requiring second defendant defend claim. [2009] iehc 95 has refused an application a personal injury action alleging by former christian brother
Report a correction · Ask for more detail
Courts Service · 2009-02-20 · courts
€368,771 awarded after head-on crash left electrician with chronic ptsd [2009] iehc 86 high court the martin vernon finding that a road collision him post-traumatic stress disorder and significantly reduced his ability to work. liability for august 12, 2003 accident was not disputed. mr driving empl
Report a correction · Ask for more detail
Courts Service · 2009-02-20 · courts
high court leaves construction arbitration award in place, remits costs and interest the rejected contractor’s challenges to an interim over extra work on dublin’s james joyce bridge, but sent part back arbitrator for correction. [2009] iehc 225 most of a company’s challenge remitted award’s provisi
Report a correction · Ask for more detail
Courts Service · 2009-02-20 · courts
high court halts garda disciplinary case against tullamore sergeant over excessive delay [2009] iehc 89 the has halted proceedings john kneafsey after finding that investigation into complaints him was conducted with delay. arose from events dating to august 2001, when stationed in clara, county off
Report a correction · Ask for more detail
Courts Service · 2009-02-19 · courts
supreme court says multiple european arrest warrants can be used for same person the has held that more than one warrant may presented surrender of where concern sentences already imposed after conviction. ruling came in an appeal brought by minister justice, equality and law reform concerning jaros
Report a correction · Ask for more detail
Courts Service · 2009-02-19 · courts
supreme court rules surrender can proceed on multiple european arrest warrants the allowed minister’s appeal legal question but ordered only warrant that remained in force. [2009] iesc ruled a person may be surrendered to another state more than one warrant. it jaroslav piotr gotszlik’s force, after
Report a correction · Ask for more detail
Courts Service · 2009-02-18 · courts
supreme court dismisses appeal over planned drug retrial the said search warrant and evidence questions should be decided by circuit at retrial, not through judicial review. [2009] iesc 12 dismissed fergal mcnulty’s against refusal of review concerning a on charges. it did decide whether was valid o
Report a correction · Ask for more detail
Courts Service · 2009-02-18 · courts
supreme court rejects ruling that sworn evidence was required before extending time for book of by aisling byrne the has rejected a high finding district judge to have prosecution's serve in proceedings against eamon dunne. mr justice kearns held section 4b(3) criminal procedure act 1967 contains no
Report a correction · Ask for more detail
Courts Service · 2009-02-18 · courts
high court dismisses barrister’s claim for €38,000 in legal aid fees the held that a barrister could not payment criminal trial assignment accepted while his name was off panel, despite later tax clearance certificate. [2009] iehc 102 dismissed senior counsel’s fees, finding had to be on barristers’
Report a correction · Ask for more detail
Courts Service · 2009-02-18 · courts
high court upholds possession order for dilapidated cecil street property an appeal over two expired leases at 7 street, limerick, failed after the found tenants had not kept premises in repair and could do so. [2009] iehc 75 has upheld a circuit decision granting of entire to plaintiffs. concerned
Report a correction · Ask for more detail
Courts Service · 2009-02-17 · courts
high court rules equality tribunal could not investigate garda age-limit complaint the held that lacked authority to proceed against statutory age limit for trainee gardaí, while leaving open whether national law complied with european obligations. [2009] iehc 72 ruled an discrimination challenging
Report a correction · Ask for more detail
Courts Service · 2009-02-17 · courts
high court rejects privilege claim over homebond papers in north dublin pyrite case [2009] iehc 90 (commercial) by aisling byrne the has rejected claims of litigation most communications between four developers and proceedings concerning alleged damage to 681 houses across three estates. irish aspha
Report a correction · Ask for more detail
Courts Service · 2009-02-17 · courts
high court rules killarney golf-course trust is not charitable the held that trust’s purpose of maintaining three golf courses for members and visiting golfers did qualify as charitable, despite courses’ tourism community benefits. [2009] iehc 53 has ruled a holding shares in company behind charitab
Report a correction · Ask for more detail
Courts Service · 2009-02-17 · courts
high court quashes appeal decision requiring balbriggan school to enrol two pupils [2009] iehc 91 court, judicial review by owen reid the has quashed a st molaga's national in sisters after finding that an education act appeals committee had exceeded its powers. school's board of management refused
Report a correction · Ask for more detail
Courts Service · 2009-02-13 · courts
high court refuses injunction sought by maynooth research fellow in contract dispute [2009] iehc 58 the has refused to order national university of ireland, restore employment arrangements dr ann buckley while a separate labour remained pending. had worked university's department music under two suc
Report a correction · Ask for more detail
Courts Service · 2009-02-13 · courts
district court refuses costs against hse in child care case the ruled it had no power to award a respondent public law proceedings, and declined charge for an adjourned day. [2009] iedc 1 chúirt dúiche / refused health service executive (hse) after ruling jurisdiction do so proceedings concerning an
Report a correction · Ask for more detail
Courts Service · 2009-02-13 · courts
high court refuses leave to challenge nigerian asylum decision the found applicant’s proposed judicial review grounds were “utterly tenuous” and refused apply. [2009] iehc 82 an applicant seek of a refugee appeals tribunal that had affirmed recommendation not declare her refugee. held substantial en
Report a correction · Ask for more detail
Courts Service · 2009-02-13 · courts
high court sends €175,000 ucd steelwork arbitration award back for fuller reasons [2009] iehc 117 the has sent a arising from structural on university college dublin building to arbitrator further consideration. mr justice roderick murphy rejected j.j. rhatigan & company limited's claims that dermot
Report a correction · Ask for more detail
Courts Service · 2009-02-13 · courts
high court sets aside €143,000 mayo bank transfers made days after widow’s husband died [2009] iehc 199 the has set worth more than by a vulnerable widow into joint accounts with her late husband’s nephew just funeral. monica joyce transferred ir£112,890.86, equivalent to €143,341.82, from of irelan
Report a correction · Ask for more detail
Courts Service · 2009-02-12 · courts
supreme court overturns most of berber’s employment judgment against dunnes stores the rejected claims for constructive dismissal and personal injury, while preserving a €9,079 award christmas annual bonuses. allowed stores’ appeal high in favour former employee adam berber, setting aside findings o
Report a correction · Ask for more detail
Courts Service · 2009-02-12 · courts
high court refuses to stop burglary prosecution over delay the judge found applicant’s efforts evade arrest substantially contributed and refused an injunction, leaving charges proceed. [2009] iehc 73 has request his on two charges, finding that in executing bench warrants. judgment, delivered by mr
Report a correction · Ask for more detail
Courts Service · 2009-02-12 · courts
high court allows cootehill landowner to forfeit €400,000 deposit after planning delay [2009] iehc 59 by niamh ellis the has ruled that thomas lynch may a and resell property two purchasers failed comply with their obligations pursue permission promptly. agreed in april 2007 sell desmond duffy pauri
Report a correction · Ask for more detail
Courts Service · 2009-02-12 · courts
high court rejects corrib protester’s challenge to garda seizure of van at bellanaboy [2009] iehc 111 the has rejected a by gas protester niall harnett his shell refinery site bellanaboy, co mayo. dispute arose from events on 31 october 2006, when gardaí were seeking keep entrance clear for construc
Report a correction · Ask for more detail
Courts Service · 2009-02-11 · courts
high court grants chinese asylum applicant leave to challenge tribunal decision the extended deadline and allowed two limited grounds proceed a substantive hearing, without deciding whether tribunal’s rejection of claim was lawful. [2009] iehc 62 has national bring judicial review refugee appeals re
Report a correction · Ask for more detail
Courts Service · 2009-02-11 · courts
high court refuses challenge to nigerian asylum appeal decision the found that refugee appeals tribunal had acted fairly in assessing whether protection would be available if applicant returned nigeria. [2009] iehc 51 has refused an application quash a upheld rejection of anonymised woman’s claim. j
Report a correction · Ask for more detail
Courts Service · 2009-02-10 · courts
supreme court allows david murphy injury claim to proceed despite three-year time limit the has ruled that murphy’s personal injuries can continue being commenced outside normal limitation period. was injured in a road accident on 12 may 2000 when michael grealish’s car drove into rear of his statio
Report a correction · Ask for more detail
Courts Service · 2009-02-10 · courts
high court confirms removal of midwife from nursing register over competence concerns [2009] iehc 68 the has confirmed gertruda kudelska nurses after finding that serious deficiencies in her clinical practice posed a risk to mothers and babies at dublin's rotunda hospital. kudelska, polish national
Report a correction · Ask for more detail
Courts Service · 2009-02-06 · courts
high court refuses late challenge to refugee appeal decision the declined extend filing deadline for a judicial review application, citing substantial unexplained delay. it also found proposed grounds had no reasonable prospect of success. [2009] iehc 79 has refused an ivorian woman leave seek rejec
Report a correction · Ask for more detail
Courts Service · 2009-02-06 · courts
high court upholds st patrick’s hospital detention after tribunal had ordered patient’s release [2009] iehc 47 the has upheld involuntary of a 69-year-old woman at in dublin, despite mental health having her from an earlier nine days previously. woman, identified as c.c., long history psychiatric tr
Report a correction · Ask for more detail
Courts Service · 2009-02-06 · courts
high court refuses leave to challenge planning appeal procedure the held that pending an bord pleanála did not need be clarified as article 10a review before it continued. any would lie against board’s eventual decision. [2009] iehc 76 refused cairde chill disirt teoranta bring judicial proceedings
Report a correction · Ask for more detail
Courts Service · 2009-02-06 · courts
high court finds current detention of st vincent’s patient lawful after mental health challenge [2009] iehc 69 the has found that continuing involuntary a 68-year-old woman at hospital was lawful, rejecting an article 40 to order under which she being held. e.h., who suffered from what judgment desc
Report a correction · Ask for more detail
Courts Service · 2009-02-06 · courts
high court refuses two challenges to welfare benefit decisions the rejected an applicant’s judicial review claims over refusals of jobseeker’s allowance and supplementary allowance, finding that officials could seek further evidence second case was moot. [2009] iehc 66 has refused applications by au
Report a correction · Ask for more detail
Courts Service · 2009-02-06 · courts
high court refuses leave to challenge rejection of somali asylum appeal the found no substantial grounds review refugee appeals tribunal’s decision, while declining make a costs order against applicant. [2009] iehc 83 refused an unaccompanied minor’s application for seek judicial tribunal (rat) deci
Report a correction · Ask for more detail
Courts Service · 2009-02-05 · courts
high court grants leave to challenge refugee appeal decision over unhcr guidelines the found an arguable case that appeals tribunal member relied on superseded guidance when considering internal relocation. it did not decide whether error affected decision. [2009] iehc 56 granted o. g. n. seek judic
Report a correction · Ask for more detail
Courts Service · 2009-02-05 · courts
high court orders ferrotec to provide security for costs in €3.09m slimming world contract dispute [2009] iehc 46 the has ordered limited world’s legal a arising from €3.09 million 3,000 electronic data-management systems. agreed october 2005 design, manufacture and deliver systems comprising weigh
Report a correction · Ask for more detail
Courts Service · 2009-02-05 · courts
high court rules fbd cannot use van passenger exclusion to refuse cover for 1999 crash claim [2009] iehc 99 the has ruled that insurance plc rely on an policy avoid covering a by injured while travelling in rear of without seating. david smith was june 19, when vehicle owned philip meade and driven
Report a correction · Ask for more detail
Courts Service · 2009-02-05 · courts
high court sets €1,200 monthly maintenance for child and rejects housing payment the allowed a father’s appeal against circuit orders, replacing them with contribution to vouched speech therapy costs if needed. [2009] iehc 52 (circuit appeal) orders requiring him pay month his son’s support €500,000
Report a correction · Ask for more detail
Courts Service · 2009-02-04 · courts
high court awards developer €4.77m over bank’s loss of property deeds the found acc bank liable for losses caused by its failure to produce title documents during a proposed refinancing, but left precise final orders and costs later hearing. [2009] iehc 45 court, commercial has €4,769,472 in suffere
Report a correction · Ask for more detail
Courts Service · 2009-02-04 · courts
high court refuses leave to challenge asylum refusal the found no reasonable prospect that either proposed judicial review ground would show refugee appeals tribunal’s decision was irrational or manifestly unreasonable. [2009] iehc 71 refused a.a. seek of his claim, finding succeed. mr justice cooke
Report a correction · Ask for more detail
Courts Service · 2009-02-04 · courts
high court quashes wicklow ethics report over quarry rezoning motion the set aside a council on councillor’s disclosure of professional connection to lands and sent complaint back for reconsideration. it refused separate declaratory relief because application was late. [2009] iehc 54 has quashed 200
Report a correction · Ask for more detail
Courts Service · 2009-02-04 · courts
high court refuses leave to challenge asylum appeal decision the extended time for mother’s application but found no arguable substantial grounds review refugee appeals tribunal’s credibility assessment. [2009] iehc 60 refused a seek judicial of rejecting her and infant son’s claims, finding that sh
Report a correction · Ask for more detail
Courts Service · 2009-02-03 · courts
high court stops prosecution of former priest after finding real risk unfair trial [2009] iehc 48 the has stopped a on single allegation indecent assault against boy dating from more than 25 years earlier, that fair could no longer take place. applicant, identified as j.d., had been in rural parish
Report a correction · Ask for more detail
Courts Service · 2009-02-03 · courts
high court refuses to set aside construction arbitration award the rejected a subcontractor’s bid remove arbitrator or reopen its delay and disruption claim, finding no misconduct procedural mishap. [2009] iehc 49 has refused cladding application an award, appoint replacement. mr justice john macmen
Report a correction · Ask for more detail
Courts Service · 2009-02-03 · courts
supreme court appoints examiner to first equity after reversing high refusal the said new evidence and absence of creditor opposition supported giving gallium limited a chance pursue rescue, despite risks its business. allowed limited’s appeal appointed interim as examiner, court’s appoint one. judg
Report a correction · Ask for more detail
Courts Service · 2009-02-02 · courts
high court refuses to stop fourth waterford trial over 14 indecent assault charges [2009] iehc 81 the has refused a of a.p. on arising from alleged offences against his half-sister at family home in waterford. mr justice mccarthy rejected a.p.'s application for prohibition and an injunction february
Report a correction · Ask for more detail