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Courts Service · 2009-06-30 · courts

High Court refuses to halt rape prosecution after disclosure challenge

high court refuses to halt rape prosecution after disclosure challenge the extended time for judicial review application but found no real or serious risk that accused would be denied a fair trial. [2009] iehc 294 has refused stop of an anonymised applicant charged with rape, finding alleged investi

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Courts Service · 2009-06-30 · courts

High Court blocks David O’Rourke’s return to prison over re-issued committal warrants

high court blocks david o’rourke’s return to prison over re-issued committal warrants [2009] iehc 309 the has ruled that o’rourke should not be returned on foot of three warrants, finding district did have adequate evidence justify renewing them. had received sentences arising from driving without i

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Courts Service · 2009-06-30 · courts

High Court orders surrender to France after accepting retrial undertaking

high court orders surrender to france after accepting retrial undertaking the ruled that a french met irish law’s requirements for an in absentia conviction, and ordered on european arrest warrant serve five-year sentence. [2009] iehc 342 of ireland igor gritunic’s under finding written from magistr

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Courts Service · 2009-06-30 · courts

High Court refuses late challenge to Nigerian man’s asylum decision

high court refuses late challenge to nigerian man’s asylum decision the declined extend deadline for judicial review and said proposed did not meet arguable-case threshold leave. [2009] iehc 281 has refused a man an extension of time refusal his application, dismissed application leave seek review.

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Courts Service · 2009-06-26 · courts

High Court grants bank joint judgment over €37.1m loans

high court grants bank joint judgment over €37.1m loans the held that borrowers’ limited-recourse protection depended on meeting a 70% debt-to-security covenant, which remained in force through loan term. [2009] iehc 278 granted danske a/s trading as national irish jointly and severally against four

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Courts Service · 2009-06-26 · courts

High Court refuses leave to challenge asylum report, leaving appeal route open

high court refuses leave to challenge asylum report, leaving appeal route open the said proposed grounds could be considered through statutory refugee appeals tribunal and declined intervene before that was decided. [2009] iehc 300 refused an applicant seek judicial review of a report recommending s

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Courts Service · 2009-06-26 · courts

High Court awards developers €3.07m over failed Dublin land sale

high court awards developers €3.07m over failed dublin land sale the found sellers could have obtained specific performance, but awarded damages after they chose not to pursue that order. [2009] iehc 290 court, commercial has robbie collins and julie ann €3.07 million in damages, plus €175,621 inter

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Courts Service · 2009-06-26 · courts

High Court grants Nigerian asylum seeker leave to challenge appeal decision

high court grants nigerian asylum seeker leave to challenge appeal decision the found an arguable case that refugee appeals tribunal may not have considered her claim based on actual or imputed political opinion. it granted for judicial review two grounds. [2009] iehc 280 has a woman seek of refusin

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Courts Service · 2009-06-25 · courts

High Court refuses to quash negative asylum report, leaving credibility dispute to appeal

high court refuses to quash negative asylum report, leaving credibility dispute appeal the said it was not deciding whether an authorised officer misread applicant’s evidence about ogboni group. alleged error could be raised in statutory appeal. [2009] iehc 296 refused request a ruling that mistake

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Courts Service · 2009-06-25 · courts

High Court refuses to halt criminal trial over challenge to detention law

high court refuses to halt criminal trial over challenge detention law the dismissed david maloney’s application for an interlocutory injunction, finding he had not shown standing on basis advanced. [2009] iehc 291 has by maloney stop his while pursued a constitutional garda power. miss justice laff

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Courts Service · 2009-06-24 · courts

High Court orders purchasers to complete €16.5m Mullingar land sale

high court orders purchasers to complete €16.5m mullingar land sale the granted specific performance against two after they failed pay first €12.1m instalment. it made no order guarantor at this stage. [2009] iehc 305 court, commercial has ordered tom ryan and gerard mcgreevy a €16.5 million purchas

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Courts Service · 2009-06-24 · courts

High Court upholds refusal of late redress application from former Upton industrial school resident

high court upholds refusal of late redress application from former upton industrial school resident [2009] iehc 284 court, judicial review the has upheld residential institutions board’s to accept a compensation st patrick’s in upton, co cork. j. o’b., then aged 74 and living coventry, england, said

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Courts Service · 2009-06-24 · courts

High Court finds Agriculture Minister breached cattle return agreement with Tipperary farmer

high court finds agriculture minister breached cattle return agreement with tipperary farmer [2009] iehc 304 the has found that for an governing of seized from john hanrahan, although also held genuine animal welfare concerns had justified original seizure. mr justice mcmahon delivered judgment on j

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Courts Service · 2009-06-23 · courts

Criminal Appeal Court quashes convictions after new evidence raised trial fairness risk

criminal appeal court quashes convictions after new evidence raised trial fairness risk the found a real that information about an earlier abuse allegation could have affected of trial. it left open possibility retrial. has quashed t.c.’s for rape and sexual assault, finding one complainant created

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Courts Service · 2009-06-23 · courts

High Court rejects UCD medical student’s bid for copies of multiple-choice exam papers

high court rejects ucd medical student’s bid for copies of multiple-choice exam papers [2009] iehc 286 the has rejected a freedom information appeal seeking and computer scripts from two examinations. michael kruse, who was fourth-year student when case heard, challenged december 2007 decision commi

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Courts Service · 2009-06-23 · courts

High Court rules Garda accused of false reports has no right to elect jury trial

high court rules garda accused of false reports has no right to elect jury trial [2009] iehc 289 the ruled that a in private prosecution knowingly making had insist charges be tried before judge and jury. case arose after troy cremin, acting as prosecutor or “common informer”, obtained six summonses

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Courts Service · 2009-06-22 · courts

High Court rules prison’s restrictions on prisoner unlawful under Prison Rule 62

high court rules prison’s restrictions on prisoner unlawful under prison rule 62 the declared portlaoise governor’s decision to restrict derek devoy’s association because required was not followed. it declined quash decision, citing a continuing perceived threat life, and directed governor remedy il

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Courts Service · 2009-06-22 · courts

Court refuses leave to appeal conviction in Griffin case

court refuses leave to appeal conviction in griffin case the of criminal rejected challenges concerning trial publicity, venue, an absent witness and jury directions. application concerned only. has refused christopher his for rape other sexual offences, finding no grounds appeal. only, not sentence

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Courts Service · 2009-06-18 · courts

High Court rejects challenge to refusal of Rwandan asylum applicant’s appeal

high court rejects challenge to refusal of rwandan asylum applicant’s appeal the found no fundamental flaw in refugee appeals tribunal’s credibility assessment and rejected judicial review application. [2009] iehc 299 has a man’s application quash tribunal decision that dismissed his against recomme

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Courts Service · 2009-06-18 · courts

High Court refuses Bureau’s bid to charge Dublin property over son’s tax judgments

high court refuses bureau’s bid to charge dublin property over son’s tax judgments the said bureau had not proved that judgment debtor held a legal or beneficial interest in ballybough road property. [2009] iehc 351 has refused criminal assets application for well charging order property, finding ev

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Courts Service · 2009-06-18 · courts

High Court refuses request to waive €4,309 fee blocking recovery of taxed costs

high court refuses request to waive €4,309 fee blocking recovery of taxed costs a defendant said he could not afford the required obtain taxation certificate for €75,260.75 in costs. it had no jurisdiction or defer payment. [2009] iehc 293 refused defendant’s bypass before needed pursue judgment del

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Courts Service · 2009-06-18 · courts

High Court quashes 24-hour ‘house arrest’ bail condition imposed on Drogheda man

high court quashes 24-hour ‘house arrest’ bail condition imposed on drogheda man [2009] iehc 303 the has quashed a which confined john brennan to his home for 24 hours day, finding that district had no lawful power impose form of house arrest. mr justice michael peart ruled june 18, 2009 amounted an

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Courts Service · 2009-06-18 · courts

High Court refuses leave to challenge refugee decision in Bhutanese applicant’s case

high court refuses leave to challenge refugee decision in bhutanese applicant’s case the found no substantial ground review tribunal’s assess s.b.’s claim by reference nepal, where he had lived for 14 years. [2009] iehc 270 has refused s.b. bring a judicial appeals refusal of his application status.

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Courts Service · 2009-06-18 · courts

High Court invalidates law allowing imprisonment over unpaid debt instalments

high court invalidates law allowing imprisonment over unpaid debt instalments the ruled that section 6 of enforcement orders act 1940 breached constitutional guarantees fair procedures and liberty. it quashed a woman’s committal order warrant; damages convention issues remained unresolved. [2009] ie

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Courts Service · 2009-06-18 · courts

High Court refuses to order review of refused citizenship application

high court refuses to order review of refused citizenship application the dismissed a refugee applicant’s challenge minister’s refusal reconsider naturalisation decision, while leaving open possibility fresh and any later refusal. [2009] iehc 449 has minister for justice nigerian-born refugee’s reje

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Courts Service · 2009-06-18 · courts

Supreme Court dismisses appeal against surrender order to Poland

supreme court dismisses appeal against surrender order to poland the upheld high court’s decision that european arrest warrant gave sufficient particulars and described conduct corresponding an offence in ireland. dismissed damian dolny’s a he be surrendered under act 2003. it affirmed on both adequ

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Courts Service · 2009-06-17 · courts

High Court refuses leave to challenge deportation orders

high court refuses leave to challenge deportation orders the found that applicants had shown no substantial ground for judicial review of made against first and third applicants. [2009] iehc 297 refused seek a mother her daughter, finding neither two grounds advanced raised issue. said it did not ne

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Courts Service · 2009-06-17 · courts

High Court refuses leave to challenge Sudanese asylum decision

high court refuses leave to challenge sudanese asylum decision the found an arguable flaw in tribunal’s assessment of applicant’s travel account, but ruled that it was not central overall decision. [2009] iehc 269 refused seek judicial review a upholding refusal refugee status anonymised applicant,

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Courts Service · 2009-06-17 · courts

High Court rejects challenge over failed rezoning of lands outside Adare

high court rejects challenge over failed rezoning of lands outside adare [2009] iehc 274 the has rejected a by two landowners seeking to preserve limerick county council resolution which would have rezoned on outskirts for development. p.j. farrell and barbara forde owned north village had entered a

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Courts Service · 2009-06-16 · courts

High Court grants leave to challenge refusals of Pakistani Ahmadi family’s asylum claims

high court grants leave to challenge refusals of pakistani ahmadi family’s asylum claims the found arguable grounds concerning treatment country information, internal relocation and applicants’ blasphemy-law complaint. it did not decide their or quash appeal decisions at this stage. [2009] iehc 283

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Courts Service · 2009-06-12 · courts

High Court dismisses five Dermot Desmond libel cases over years of inactivity

high court dismisses five dermot desmond libel cases over years of inactivity [2009] iehc 271 the has dismissed actions brought by businessman sunday times articles published between 1997 and 1999, after finding that had remained dormant for without adequate explanation. proceedings concerned report

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Courts Service · 2009-06-12 · courts

High Court rules insurer must pay woman €95,230.76 for critical illness cover

high court rules insurer must pay woman €95,230.76 for critical illness cover the found caroline coleman answered her insurance application truthfully to best of knowledge, despite not disclosing medical tests from eight years earlier. [2009] iehc 273 ruled that new ireland assurance plc under a pol

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Courts Service · 2009-06-11 · courts

High Court quashes refugee appeal decision over farm-name error

high court quashes refugee appeal decision over farm-name error the found that a mistaken reading of correspondence about zimbabwean farm undermined basis applicant’s credibility assessment. [2009] iehc 287 has quashed appeals tribunal refusing status to an anonymised applicant, finding made fundame

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Courts Service · 2009-06-11 · courts

High Court admits appeal over enforcement of Scottish maintenance order

high court admits appeal over enforcement of scottish maintenance order the found a factual issue whether defendant had been adequately served. it directed that proceed to hearing on affidavit; did not decide should ultimately be enforced. [2009] iehc 608 has admitted an concerning in ireland order,

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Courts Service · 2009-06-11 · courts

High Court rejects challenge to refusal of visa for Sri Lankan wife

high court rejects challenge to refusal of visa for sri lankan wife the dismissed a judicial review over long-stay refusal, finding no error in minister’s consideration husband’s immigration history, couple’s relationship and their circumstances lanka. [2009] iehc 279 has married join her husband ir

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Courts Service · 2009-06-09 · courts

High Court rejects Walsh’s challenge over Leas Cross report publication

high court rejects walsh’s challenge over leas cross report publication the held that judicial review was not brought promptly and, in any event, walsh had established hse denied him fair procedures by declining to publish his full submissions. [2009] iehc 369 has rejected michael health service exe

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