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Courts Service · 2009-07-31 · courts

High Court refuses leave to challenge Refugee Appeals Tribunal decision

high court refuses leave to challenge refugee appeals tribunal decision the found no substantial grounds review tribunal’s refusal of a georgian applicant’s appeal, while leaving interpretation relevant regulations open. [2009] iehc 509 refused seek judicial refusing z. t.’s appeal in his applicatio

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Courts Service · 2009-07-31 · courts

Supreme Court sets aside refusal of bail and sends application back to High Court

supreme court sets aside refusal of bail and sends application back to high the appeal found had applied wrong test when refusing bail, ordered be reconsidered as soon possible. 215/09 has set a decision man charged with assault causing harm remitted his for fresh in accordance law. concerned made o

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Courts Service · 2009-07-31 · courts

Tullow land sellers awarded €10.1m after €10.7m property deal collapsed

tullow land sellers awarded €10.1m after €10.7m property deal collapsed [2009] iehc 415 high court three landowners have been more than €10 million a purchaser failed to complete €10.73 for development on the outskirts of tullow, county carlow. paul joyce, liam larkin and susan joyce had agreed in m

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Courts Service · 2009-07-31 · courts

Supreme Court upholds District Court’s decision to decline jurisdiction in hybrid-offence case

supreme court upholds district court’s decision to decline jurisdiction in hybrid-offence case the affirmed that had stop hearing charges once it concluded alleged offences were non-minor, but held no power adjourn for service of a book evidence. has upheld judge’s assault causing harm and false imp

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Courts Service · 2009-07-31 · courts

High Court grants injunction enforcing floor-sanding franchise restrictions in West Cork and Kerry dispute

high court grants injunction enforcing floor-sanding franchise restrictions in west cork and kerry dispute [2009] iehc 410 the has granted an interlocutory against former franchisee martin o’callaghan a with tejo ventures international limited over business covering kerry. miss justice laffoy held t

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Courts Service · 2009-07-31 · courts

Supreme Court upholds Grzegorz Dus surrender to Poland under European Arrest Warrant

supreme court upholds grzegorz dus surrender to poland under european arrest warrant the has upheld an order surrendering serve remaining one year and 173 days of a four-year-and-six-month prison sentence imposed for two offences. appeal concerned issued by polish judicial authorities. offences was

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Courts Service · 2009-07-31 · courts

Court of Criminal Appeal refuses Una Black’s application to reduce nine-year manslaughter sentence

court of criminal appeal refuses una black’s application to reduce nine-year manslaughter sentence the held that trial judge made no sentencing error in imposing nine years for fatal stabbing john malone galway. has refused leave prison imposed after she pleaded guilty manslaughter, finding principl

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Courts Service · 2009-07-31 · courts

High Court dismisses solicitor’s challenge to €3,000 Law Society costs contribution

high court dismisses solicitor’s challenge to €3,000 law society costs contribution the found had investigated a complaint and incurred after solicitor failed respond correspondence. it dismissed his judicial review application, while stressing ruling did not justify imposing statutory maximum in ev

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Courts Service · 2009-07-31 · courts

Supreme Court allows bail appeal over missing express risk finding

supreme court allows bail appeal over missing express risk finding the held that hearsay evidence could be considered in a application, but said high had to expressly find whether witness interference was probable. it remitted matter; did not itself decide application. allowed tristan mcloughlin’s a

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Courts Service · 2009-07-31 · courts

High Court refuses challenge to €20,500 industrial school redress award

high court refuses challenge to €20,500 industrial school redress award the found review committee had given adequate reasons for upholding and material support its decision. it refused judicial lifted a stay on running of time. [2009] iehc 388 has an application by anonymised man who challenged abu

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Courts Service · 2009-07-31 · courts

High Court refuses examiner for six insolvent property companies

high court refuses examiner for six insolvent property companies the found had not shown a reasonable prospect of survival and dismissed their petition, ending protection they received. [2009] iehc 384 refused to appoint an companies, petition withdrew previously afforded them. mr justice kelly gave

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Courts Service · 2009-07-31 · courts

Court refuses leave to appeal robbery conviction after reviewing solicitor-access complaint

court refuses leave to appeal robbery conviction after reviewing solicitor-access complaint the of criminal rejected challenges evidence and jury directions, found trial judge’s rulings on gathered a failure were in order. refused glen creed his conviction, holding that order he had received fair tr

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Courts Service · 2009-07-31 · courts

High Court declines to order a new access road for Mayo homeowners

high court declines to order a new access road for mayo homeowners the found fault on both sides over replacement built n5 charlestown bypass, but said rerouting it was impractical and made no order. [2009] iehc 379 declined county council its contractor reroute serving peter nancy mcnicholas’s home

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Courts Service · 2009-07-31 · courts

High Court keeps Malcomson Law dispute on a single-judge trial track

high court keeps malcomson law dispute on a single-judge trial track the declined to set aside notice for without jury, finding that defamation claims, picketing claims and counterclaim should be heard together. it did not decide underlying allegations. [2009] iehc 389 has refused michael maher’s re

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Courts Service · 2009-07-31 · courts

High Court grants leave to challenge deportation order for Nigerian-born child

high court grants leave to challenge deportation order for nigerian-born child the allowed a limited judicial review proceed, but refused more time refugee appeals tribunal decision. it made no final ruling on whether was lawful. [2009] iehc 394 has granted minor seek of order, finding that proposed

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Courts Service · 2009-07-31 · courts

High Court bars Bravofly from positive defence about Travelfusion system

high court bars bravofly from positive defence about travelfusion system the ordered to remove pleas asserting how travelfusion’s operated, while preserving its right argue ryanair had not proved claims. it also gave a final three weeks answer other particulars. [2009] iehc 387 court, commercial has

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Courts Service · 2009-07-31 · courts

Woman awarded €165,000 over injuries from 1999 car crash

woman awarded €165,000 over injuries from 1999 car crash [2009] iehc 382 high court the has katherine singleton in damages for she suffered a serious road collision february 1999. ms was travelling as front-seat passenger when struck by vehicle driven brian doyle. liability admitted and there no dis

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Courts Service · 2009-07-31 · courts

High Court dismisses Cunningham claims over property sale and lender priority

high court dismisses cunningham claims over property sale and lender priority mr justice clarke ruled that the were bound to fail, finding proceeds had been held for required period first active’s debenture remained a continuing security. [2009] iehc 454 dismissed brian cunningham’s against springsi

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Courts Service · 2009-07-31 · courts

High Court refuses Laragan rescue scheme and orders company into liquidation

high court refuses laragan rescue scheme and orders company into liquidation the ruled that construction lacked an independent undertaking capable of being preserved through examinership. it also identified concerns about how a proposed treated deposit creditors. [2009] iehc 390 refused to approve f

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Courts Service · 2009-07-31 · courts

High Court dismisses challenge to arbitration costs award

high court dismisses challenge to arbitration costs award the found was not barred by time, but held arbitrator’s decision did show an error serious enough justify intervention. [2009] iehc 391 dismissed bradley construction’s corrected award, finding that application could proceed meet threshold fo

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Courts Service · 2009-07-31 · courts

Appeal court sets aside IRA membership conviction and orders new trial

appeal court sets aside ira membership conviction and orders new trial the of criminal found errors in how treated evidence about a prior telephone contact. it did not decide charge at trial. cca 237/07 has set mark doran’s for an unlawful organisation ordered trial, finding that original could have

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Courts Service · 2009-07-31 · courts

High Court allows limited Koger access to confidential ManTra software material

high court allows limited koger access to confidential mantra software material [2009] iehc 385 court, commercial the has allowed one nominated officer of inc and (dublin) inspect highly technical relating rival software, subject strict controls designed prevent its use outside ongoing litigation. m

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Courts Service · 2009-07-31 · courts

High Court refuses leave to challenge rejection of Congolese man’s asylum appeal

high court refuses leave to challenge rejection of congolese man’s asylum appeal the found no substantial grounds refugee appeals tribunal’s credibility findings or fairness its process. it refused seek judicial review; did not conduct an decision. [2009] iehc 356 e. m. review a tribunal recommendat

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Courts Service · 2009-07-30 · courts

High Court rejects joint liability for examiner’s fees across 13 companies

high court rejects joint liability for examiner’s fees across 13 companies the sanctioned reduced aggregate and expenses examiner, but directed that amounts be apportioned among further approval. [2009] iehc 377 ruled in examinership could not made jointly severally liable combined expenses. it they

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Courts Service · 2009-07-30 · courts

High Court orders surrender to Poland over two-year sentence

high court orders surrender to poland over two-year sentence the rejected objections under a european arrest warrant, including challenge whether one polish offence corresponded an irish offence. [2009] iehc 381 ordered of maciej wawrzyniak warrant so he can serve prison imposed there in 2004. also

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Courts Service · 2009-07-30 · courts

Supreme Court rejects appeal over cemetery committee’s headstone sales

supreme court rejects appeal over cemetery committee’s headstone sales the held that dublin cemeteries committee had power under 1970 act to construct and commercially sell headstones through its company. concerned statutory authority alone. 370/2006 has dismissed an by a business owner who argued a

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Courts Service · 2009-07-30 · courts

High Court refuses Ryanair’s bid to add Swiss company to screen-scraping case

high court refuses ryanair’s bid to add swiss company screen-scraping case the refused join bravofly s.a. as a defendant, concluding that related proceedings were already before courts and joinder would serve little purpose. [2009] iehc 386 court, commercial has application s.a., company, co-defenda

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Courts Service · 2009-07-30 · courts

Supreme Court rules cemetery committee lacked power to sell headstones commercially

supreme court rules cemetery committee lacked power to sell headstones commercially the allowed an appeal, holding that dublin cemeteries act 1970 did not authorise committee’s commercial headstone business or subsidiaries established for purpose. has appeal by a monument seller, ruling under its go

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Courts Service · 2009-07-29 · courts

Court refuses leave to appeal manslaughter conviction over 2005 Waterford assault

court refuses leave to appeal manslaughter conviction over 2005 waterford assault the of criminal rejected edward daly’s four grounds challenging his conviction, including arguments about medical evidence and jury’s causation directions. has refused daly death patrick ryan, who died after an in july

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Courts Service · 2009-07-29 · courts

Court refuses leave to appeal 12-year sentences for two rape counts

court refuses leave to appeal 12-year sentences for two rape counts the of criminal held that concurrent fell within appropriate range and refused applicant appeal. has richard finn against prison imposed offences, holding in circumstances. had pleaded guilty central counts: under common law offence

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Courts Service · 2009-07-29 · courts

Appeal court quashes two sexual assault convictions, declines retrial

appeal court quashes two sexual assault convictions, declines retrial the of criminal found jury’s direction on one count unclear and was concerned that pressure over a juror’s childcare arrangements may have affected deliberations other. quashed convictions against m.r. after finding expressing con

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Courts Service · 2009-07-29 · courts

High Court refuses applicant’s costs after naturalisation delay case became moot

high court refuses applicant’s costs after naturalisation delay case became moot the certificate was granted judicial review proceedings began. refused his application and made no order for minister. [2009] iehc 354 a request legal while were under way. in favour of minister justice, equality law re

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Courts Service · 2009-07-29 · courts

High Court refuses examiner’s request to disclaim fuel company contract

high court refuses examiner’s request to disclaim fuel company contract the held that it could not grant an examiner liquidator powers under section 9(4) without first making order 9(1), and found no grounds for such order. [2009] iehc 375 refused application would have allowed him, with sanction, a

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Courts Service · 2009-07-29 · courts

High Court quashes asylum recommendation over Mozambique nationality inquiry

high court quashes asylum recommendation over mozambique nationality inquiry the found a serious flaw in how refugee applications commissioner examined whether anonymised applicant could obtain mozambican nationality, and ordered fresh evaluation by different officer. [2009] iehc 352 has quashed neg

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Courts Service · 2009-07-28 · courts

Supreme Court overturns State-funded legal aid order for Paul Magee inquest

supreme court overturns state-funded legal aid order for paul magee inquest the has overturned an requiring state to fund representation a mother at into death of her 19-year-old son after he became unconscious in garda custody. died on 26 december 2002 being arrested public offences friend's home.

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Courts Service · 2009-07-28 · courts

Supreme Court reallocates €2.148m divorce award while rejecting compensation for loss of self-esteem

supreme court reallocates €2.148m divorce award while rejecting compensation for loss of self-esteem by daniel keane the has preserved a €2.148 million lump-sum to husband in proceedings, but rejected high court's reasoning that €1.648 it should compensate wealth gap and possible self-esteem. anonym

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Courts Service · 2009-07-28 · courts

Supreme Court upholds former soldier’s claim over early Army discharge

supreme court upholds former soldier’s claim over early army discharge the has upheld a arising from his defence forces before end of an approved two-year extension service. james mcgrath had served for 26½ years when he was discharged on 12 may 1996. suffered right-knee injury in 1977 and subsequen

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Courts Service · 2009-07-28 · courts

High Court dismisses Kilcoole assault damages claim over false evidence

high court dismisses kilcoole assault damages claim over false evidence [2009] iehc 416 by ruth mercer the has dismissed a labourer's an in local pub after finding that he deliberately gave and misleading about what happened before was punched. terence gammell suffered fractured left cheekbone when

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Courts Service · 2009-07-28 · courts

High Court finds one factual error in refugee appeal decision but refuses to quash it

high court finds one factual error in refugee appeal decision but refuses to quash it the held that tribunal had wrongly found a conflict evidence about when applicant returned home, ruled was peripheral its other credibility findings. [2009] iehc 383 refused an application appeals rejecting woman’s

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Courts Service · 2009-07-28 · courts

Supreme Court upholds €36,395 award to former soldier discharged months before Army service was due to end

supreme court upholds €36,395 award to former soldier discharged months before army service was due end the has upheld a €36,395.77 james mcgrath after finding that frustrated his legitimate expectation of completing an approved extension service. enlisted in defence forces 1969 and served for more

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Courts Service · 2009-07-28 · courts

Solicitors ordered to repay AIB loan funds diverted from Wexford property purchase

solicitors ordered to repay aib loan funds diverted from wexford property purchase the high court a solicitor firm €2,992,500 advanced for transaction, plus interest, after finding that were deliberately separate purchase. [2009] iehc 374 allied irish banks (aib) €2,992,500, intended secure order fo

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Courts Service · 2009-07-28 · courts

Court refuses Don Bullman leave to appeal IRA membership conviction

court refuses don bullman leave to appeal ira membership conviction the of criminal rejected all eight grounds advanced against his and four-year sentence, leaving special court’s decision undisturbed. refused for ira, an unlawful organisation. it each he raised. left in place prison sentence impose

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Courts Service · 2009-07-27 · courts

Court refuses leave to appeal over Garda entry and solicitor access

court refuses leave to appeal over garda entry and solicitor access the of criminal rejected both grounds challenging admission statements made before after applicant’s arrived. refused raymond gormley his conviction for attempted rape, rejecting challenges into apartment timing a solicitor. had bee

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Courts Service · 2009-07-27 · courts

High Court finds wife entitled to rely on behaviour ground in separation case

high court finds wife entitled to rely on behaviour ground in separation case the accepted jurisdiction over proceedings and found statutory made out, but did not decide full claim or financial relief this preliminary judgment. [2009] iehc 579 ruled that it had hear a wife’s judicial she established

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Courts Service · 2009-07-27 · courts

Supreme Court upholds under-18 limit for residential institutions redress scheme

supreme court upholds under-18 limit for residential institutions redress scheme the has upheld age governing access to scheme, overturning a high judgment that had found definition of child in 2002 legislation unconstitutional. case concerned woman identified as j.d., who was born on 31 october 195

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Courts Service · 2009-07-27 · courts

Supreme Court rejects human rights challenge to residential institutions redress age limit

supreme court rejects human rights challenge to residential institutions redress age limit the has rejected a european convention on in scheme. j.d. sought under act 2002. her case turned statutory definition of child as person 18. she argued that, when was resident institution 1968, childhood law e

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Courts Service · 2009-07-27 · courts

Court sets aside robbery and vehicle convictions over unlawful search

court sets aside robbery and vehicle convictions over unlawful search the of criminal appeal ruled that items seized from applicant’s home were inadmissible because warrant did not authorise officers who carried out search. it set both directed a retrial. ian horgan’s for unlawfully taking possessio

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Courts Service · 2009-07-27 · courts

Appeal court says it can review sentence despite gaps in transcript

appeal court says it can review sentence despite gaps in transcript the of criminal ruled that a sentencing judge’s report could fill an incomplete for dpp review. found had enough information to proceed, but judgment does not state review’s final outcome. consider director public prosecutions (dpp)

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Courts Service · 2009-07-27 · courts

Supreme Court dismisses appeal over refusal of bail in murder case

supreme court dismisses appeal over refusal of bail in murder case the held that hearsay evidence could be considered application and act did not require proof future offending on balance probabilities. has dismissed brian vickers’s against while he awaits trial a charge murdering his wife, joan vic

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Courts Service · 2009-07-24 · courts

High Court rejects Louth VEC bid to restrict Equality Tribunal inquiry into teacher’s discrimination complaint

high court rejects louth vec bid to restrict equality tribunal inquiry into teacher’s discrimination complaint [2009] iehc 370 the has refused an attempt by county vocational educational committee investigation allegations made retired teacher pearse brannigan. mr brannigan worked at st. laurence’s

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Courts Service · 2009-07-24 · courts

Criminal Appeal Court refuses leave to appeal convictions in €730,996 insurance fraud case

criminal appeal court refuses leave to convictions in €730,996 insurance fraud case emad and gehan massoud challenged their over two claims. the rejected grounds argued refused appeal. of has for offences. couple appealed against only; sentences were not under a jury dublin circuit convicted them on

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Courts Service · 2009-07-24 · courts

Licensed Vintners Association found in contempt over 2008 pub price-freeze announcement

licensed vintners association found in contempt over 2008 pub price-freeze announcement [2009] iehc 439 high court the has of a recommending that publicans should not increase drink prices for one year. mr justice william mckechnie ruled breached an undertaking given by when earlier competition proc

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Courts Service · 2009-07-24 · courts

High Court refuses prisoner’s challenge to January 2010 release date

high court refuses prisoner’s challenge to january 2010 release date the found no basis conclude that prison governor’s remission calculation was incorrect, and refused application for judicial review. [2009] iehc 336 philip leonard’s review over he due be released from wheatfield prison, finding in

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Courts Service · 2009-07-24 · courts

High Court quashes Belarus asylum appeal decision over unaddressed documents

high court quashes belarus asylum appeal decision over unaddressed documents the found refugee appeals tribunal had failed to assess potentially significant supporting an applicant’s account. it did not decide whether were authentic or applicant qualified for protection. [2009] iehc 353 has quashed

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Courts Service · 2009-07-24 · courts

High Court orders Eircom to block access to Pirate Bay

high court orders eircom to block access pirate bay the unopposed order followed a settlement in main proceedings. judge stressed that he had heard only record companies’ side and stayed until 1 september 2009. [2009] iehc 411 has ordered plc or otherwise disable its internet subscribers’ thepirateb

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Courts Service · 2009-07-24 · courts

High Court defers costs decision in Cork Plastics dispute

high court defers costs decision in cork plastics dispute the refused an application for before damages were assessed, saying case involved a lodgement and issue should be considered after judgment or another resolution. [2009] iehc 372 has end of between companies ineos compounds (uk) limited, defe

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Courts Service · 2009-07-23 · courts

Supreme Court overturns four-year company disqualification of former National Irish Bank finance chief

supreme court overturns four-year company disqualification of former national irish bank finance chief by clara finn the has overturned a imposed on patrick byrne over his conduct as head at during period examined in inspectors' report. high had disqualified july 2008 from acting director, auditor o

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Courts Service · 2009-07-23 · courts

High Court dismisses Treacy’s challenge to District Court road traffic proceedings

high court dismisses treacy’s challenge to district road traffic proceedings mr justice o’neill rejected claims that a judge acted unfairly over summons service and preliminary hearing. he also dismissed allegations about the arrest of mckenzie friend, finding account was fabricated. [2009] iehc 444

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Courts Service · 2009-07-23 · courts

Criminal Appeal Court refuses certificate over sentencing deterrence question

criminal appeal court refuses certificate over sentencing deterrence question the said its earlier sentence decision had not applied a substantial factor, so proposed did arise from that decision. of refused an application by patrick rafferty for allowing him to supreme on about in sentencing. held

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Courts Service · 2009-07-23 · courts

Supreme Court overturns four-year company disqualification imposed on former National Irish Bank finance chief

supreme court overturns four-year company disqualification imposed on former national irish bank finance chief the has overturned a patrick byrne, head of at bank, and dismissed director corporate enforcement’s application against him. proceedings followed major investigation into associated compani

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Courts Service · 2009-07-22 · courts

Supreme Court rules housing permission arose by default after Kildare council missed deadline

supreme court rules housing permission arose by default after kildare council missed deadline the allowed abbeydrive developments’ appeal, finding that had power to grant or refuse application and minor regulatory defects did not invalidate it. precise form of order remained be settled. ruled develo

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Courts Service · 2009-07-21 · courts

Supreme Court increases passenger’s share of fault in drink-driving crash to 35%

supreme court increases passenger’s share of fault in drink-driving crash to 35% the has increased responsibility borne by passenger roy moran for injuries suffered a 1999 from 15% 35%. was travelling front seat car driven séan fogarty on april 23, when vehicle left road and struck wall. high had fo

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Courts Service · 2009-07-21 · courts

High Court rules buyer remained bound to four Kilkea lodge contracts

high court rules buyer remained bound to four kilkea lodge contracts the held that closing one sale did not release john harmon from further purchases; a conditional extension depended on 14 independent sales were achieved. [2009] iehc 613 court, commercial ruled by buy holiday homes at castle after

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Courts Service · 2009-07-21 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found no substantial grounds quash tribunal’s rejection of a nigerian woman’s asylum appeal. it also said her explanation for four-week delay would have been inadequate justify an extension time. [2009] iehc 350 refused seek judicial

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Courts Service · 2009-07-20 · courts

High Court grants leave to challenge refugee appeal decision on three grounds

high court grants leave to challenge refugee appeal decision on three grounds the extended filing deadline and allowed a judicial review proceed limited grounds, but rejected several other arguments at stage. [2009] iehc 328 has granted m.d.a. pursue of appeals tribunal recommendation refuse his app

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Courts Service · 2009-07-20 · courts

High Court refuses leave to challenge refusal of Pakistani Ahmadi’s asylum claim

high court refuses leave to challenge refusal of pakistani ahmadi’s asylum claim the found no substantial grounds judicially review refugee appeals tribunal’s decision, which had accepted past persecution but considered internal relocation a viable option. [2009] iehc 355 refused an applicant seek j

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Courts Service · 2009-07-18 · courts

High Court refuses challenge to South African asylum report

high court refuses challenge to south african asylum report the rejected a interview process and left separate dispute over country information for pending refugee appeals tribunal appeal. [2009] iehc 298 has refused teenager’s application quash recommending that she not be recognised as refugee. mr

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Courts Service · 2009-07-17 · courts

High Court refuses bid to quash Dundalk return for trial over burglary and criminal damage charges

high court refuses bid to quash dundalk return for trial over burglary and criminal damage charges [2009] iehc 362 court, judicial review by clara finn the has refused an application daniel sherry order sending him forward in on of damage. had been sent from district 13 may 2008. charges, arising al

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Courts Service · 2009-07-17 · courts

High Court dismisses Mullingar doctor's claim against Ulster Bank over €2.2m partnership liabilities

high court dismisses mullingar doctor's claim against ulster bank over €2.2m partnership liabilities [2009] iehc 360 the has dismissed a by doctor neil healy that had assured him he was free from guarantee connected with former property and medical-centre partnership. mr justice brian mcgovern ruled

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Courts Service · 2009-07-17 · courts

High Court adds two subsidiaries and employee to AIG insurance indemnity case

high court adds two subsidiaries and employee to aig insurance indemnity case [2009] iehc 365 by owen reid the has allowed companies an be added as plaintiffs in dispute between leisure management corporation limited europe (ireland) limited. mr justice michael peart ordered that genport limited, ca

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Courts Service · 2009-07-17 · courts

High Court orders child’s return to Australia under Hague Convention

high court orders child’s return to australia under hague convention the found that child remained habitually resident in new south wales and her father had not consented retention ireland. it left compliance arrangements be heard before order takes effect. [2009] iehc 345 has ordered of a young who

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Courts Service · 2009-07-17 · courts

High Court finds Tory Island hotel defendants liable for trespass and interference

high court finds tory island hotel defendants liable for trespass and interference the found on balance of probabilities that plaintiff was entitled to damages, but its judgment leaves form equitable relief unresolved. [2009] iehc 619 neville presho damages connected with his former house site islan

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Courts Service · 2009-07-17 · courts

High Court ends scaffolding injury case after six-year failure to serve summons

high court ends scaffolding injury case after six-year failure to serve summons [2009] iehc 366 the has brought humphrey o’keeffe’s personal proceedings an end by setting aside order that had renewed a issued six years earlier. mr o’keeffe alleged he was injured on october 10, 2000 while working con

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Courts Service · 2009-07-17 · courts

High Court rules blood sample procedure in Westport drink-driving case complied with law

high court rules blood sample procedure in westport drink-driving case complied with law [2009] iehc 361 the has ruled that used to offer a man arrested on suspicion of road traffic act, despite an error form completed by doctor. gerard kennedy appeared before district after being early hours july 5

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Courts Service · 2009-07-17 · courts

High Court rejects Latvian man’s challenge to continued detention before surrender

high court rejects latvian man’s challenge to continued detention before surrender [2009] iehc 364 the has ruled that of national zigmars strazdins in cloverhill prison was lawful while arrangements were being completed for his latvia under a european arrest warrant. mr had consented on 11 march 200

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Courts Service · 2009-07-17 · courts

High Court rules marriage void after finding wife’s consent was not informed

high court rules marriage void after finding wife’s consent was not informed in a preliminary hearing within divorce proceedings, the found respondent wife had freely and fully consented to marriage. it held said delay seeking nullity unreasonable. [2009] iehc 623 that because given full, free conse

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Courts Service · 2009-07-17 · courts

High Court allows Kuwaiti Bidoon asylum seeker to challenge refugee ruling on one ground

high court allows kuwaiti bidoon asylum seeker to challenge refugee ruling on one ground [2009] iehc 326 court, judicial review the has allowed a stateless man from kuwait aspect of decision refusing him status in ireland. applicant, identified only as a. d., was born 1978 and had lived throughout h

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Courts Service · 2009-07-17 · courts

High Court refuses late appeal over Dublin house possession order

high court refuses late appeal over dublin house possession order [2009] iehc 363 the has refused darren farrelly extra time to a concerning owned by laurence winters. circuit had ordered on march 12, 2009 that marie winters recover of property and €12,600 from farrelly. his counterclaim was dismiss

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Courts Service · 2009-07-17 · courts

High Court dismisses deferred claims over Galway development security

high court dismisses deferred claims over galway development security the held that first active’s debenture created a fixed charge salthill’s after-acquired immovable property, and dismissed kanwell developments’ well charging proceedings. [2009] iehc 367 has by active plc on property owned salthil

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Courts Service · 2009-07-17 · courts

High Court awards €1.826m to passenger with serious spinal injuries

high court awards €1.826m to passenger with serious spinal injuries the defendants admitted liability for 2002 collision. assessed damages after finding plaintiff was unlikely undergo recommended surgery and had not unreasonably failed mitigate her injuries. [2009] iehc 318 awarded maggie yang yun €

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Courts Service · 2009-07-17 · courts

High Court quashes refugee appeal refusal for Eritrean teenager

high court quashes refugee appeal refusal for eritrean teenager [2009] iehc 325 the has quashed a decision refusing status to an who came ireland as unaccompanied minor. applicant, identified only m.h., was born in addis ababa 1989 and later moved with her family eritrea. she claimed that pentecosta

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Courts Service · 2009-07-16 · courts

High Court refuses order compelling Minister to decide Romanian man’s residence application

high court refuses order compelling minister to decide romanian man’s residence application the held that after romania joined eu, no longer had power under deportation law make decision applicant sought. [2009] iehc 333 refused an for justice, equality and reform a in ireland. mr justice cooke that

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Courts Service · 2009-07-16 · courts

Trust entitled to damages after buyers failed to complete industrial estate purchase

trust entitled to damages after buyers failed complete industrial estate purchase the high court found should have completed sale, but could not order specific performance because a former tenant’s winding up left unable provide title. [2009] iehc 359 has ruled that windham is from two who €4.375 mi

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Courts Service · 2009-07-16 · courts

High Court enters €1.48m judgment in shopping centre dispute, with part stayed pending arbitration

high court enters €1.48m judgment in shopping centre dispute, with part stayed pending arbitration the ordered for contractor over final contract payment and directed that execution registration be on €244,116 while defendant’s cross-claims go to arbitration. [2009] iehc 358 entered killkerk limited

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Courts Service · 2009-07-16 · courts

High Court rules Neilstown car search unlawful in knife conviction appeal

high court rules neilstown car search unlawful in knife conviction appeal the found no evidence of reasonable cause for a statutory drug or consent to search, but its judgment gives final order on conviction. [2009] iehc 368 that garda brian farrell’s road was because did not show suspect him posses

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Courts Service · 2009-07-16 · courts

High Court ends boy’s secure detention after reports of progress

high court ends boy’s secure detention after reports of progress the granted hse’s application to terminate it was told boy ready move a support unit. [2009] iehc 406 health service executive’s end 13-year-old being he in judgment delivered on 16 july 2009, mr justice garrett sheehan said had been s

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Courts Service · 2009-07-16 · courts

High Court refuses leave to challenge refugee appeal hearing

high court refuses leave to challenge refugee appeal hearing the found no reliable evidence that a request cross-examine presenting officer was made or refused, and said applicant had not shown prejudice. [2009] iehc 331 has refused an anonymised seek judicial review of appeals tribunal decision uph

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Courts Service · 2009-07-16 · courts

Criminal Appeal Court refuses leave to challenge rape conviction

criminal appeal court refuses leave to challenge rape conviction the held was safe on evidence and refused appeal. jury had acquitted applicant of theft but found him guilty by a majority 10 two. cca no. 165/2008 william (otherwise billy) keogh’s application for his conviction, holding that evidence

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Courts Service · 2009-07-15 · courts

High Court awards cyclist €67,500 over 2006 hit-and-run

high court awards cyclist €67,500 over 2006 hit-and-run the found motor insurers bureau of ireland liable after concluding that suspicion about a locally known driver did not establish, on balance probabilities, he was responsible. [2009] iehc 349 awarded patrick mccahey in damages injured when car

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Courts Service · 2009-07-15 · courts

High Court grants leave to challenge refugee appeal decision over unresolved nationality question

high court grants leave to challenge refugee appeal decision over unresolved nationality question the found substantial issues about how appeals tribunal assessed applicant’s country of origin and two persecution claims, while making clear it had not decided whether those challenges would succeed. [

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Courts Service · 2009-07-15 · courts

High Court refuses bid to stop dangerous-driving trial over scrapped car

high court refuses bid to stop dangerous-driving trial over scrapped car the found no real or substantial risk of an unfair from loss vehicle, rejecting claimed defence value a further inspection as theoretical. [2009] iehc 347 has refused jason kearney’s application his on two charges, finding inju

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Courts Service · 2009-07-15 · courts

High Court refuses interim orders in HSE software support dispute

high court refuses interim orders in hse software support dispute the declined to compel ongoing or temporarily release escrowed source code, leaving agreements’ expert process. [2009] iehc 419 has refused competing applications for interlocutory relief a between health service executive and eamon k

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Courts Service · 2009-07-15 · courts

High Court grants leave to challenge Afghan asylum appeal decision on trafficking-risk grounds

high court grants leave to challenge afghan asylum appeal decision on trafficking-risk grounds the found an arguable case that refugee appeals tribunal had not examined whether unaccompanied young person faced particular risk as a member of social group. it made no final ruling decision. [2009] iehc

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Courts Service · 2009-07-14 · courts

High Court refuses challenge to refusal of Somali applicant’s asylum appeal

high court refuses challenge to refusal of somali applicant’s asylum appeal the held that concerns about travel account independently supported tribunal’s overall credibility decision, so it would not quash decision on single ground permitted for review. [2009] iehc 329 has refused an application a

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Courts Service · 2009-07-14 · courts

Supreme Court blocks dormant membership charge against Colm Murphy but allows retrial to proceed

supreme court blocks dormant membership charge against colm murphy but allows retrial to proceed the dismissed murphy’s appeal over a on conspiracy charge, while finding it unfair with separate after years of delay. has stop his cause an explosion, barred director public prosecutions from proceeding

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Courts Service · 2009-07-14 · courts

High Court refuses challenge to refugee appeal decision over Ghana evidence

high court refuses challenge to refugee appeal decision over ghana evidence the held that appeals tribunal was not required assess country information where lacked an evidential basis for a fear of persecution there. [2009] iehc 332 refused application quash 2007 rejecting mother’s against recommend

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Courts Service · 2009-07-14 · courts

High Court refuses to stop prosecution of J. Harris Assemblers

high court refuses to stop prosecution of j. harris assemblers the found an inadequately explained period delay but said it did not justify halting trial; challenges employee statements were left trial judge. [2009] iehc 344 has refused assemblers’ application a criminal over its sale lorry later in

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Courts Service · 2009-07-14 · courts

Supreme Court upholds refusal to extend Coolfadda provisional liquidation

supreme court upholds refusal to extend coolfadda provisional liquidation the recognised a rare power adjourn winding-up petition, but found company’s plan complete eight developments did not qualify for that exception. has upheld high court’s petition against developers limited and continue its liq

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Courts Service · 2009-07-13 · courts

Kildare Circuit Court affirms Nardones’ right to acquire fee simple in Leixlip property

kildare circuit court affirms nardones’ right to acquire fee simple in leixlip property the upheld arbitrator’s decision, finding that area where four planned homes had been started was ancillary main dwelling by date acquisition notice served. [2009] iecc 2 court, eastern circuit, county of has aff

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Courts Service · 2009-07-13 · courts

Meath Circuit Court says non-receipt of speeding notice does not automatically bar prosecution

meath circuit court says non-receipt of speeding notice does not automatically bar prosecution in an appeal over a conviction, judge michael white set out how posting evidence may rebut the statutory presumption receipt and said retains discretion where basic unfairness arises. [2009] iecc 1 court,

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Courts Service · 2009-07-13 · courts

High Court sets aside FOI refusals over records of unconfirmed abuse allegations

high court sets aside foi refusals over records of unconfirmed abuse allegations the found legal errors in information commissioner’s public-interest assessment and sent matter back for fresh consideration. it did not order released. [2009] iehc 574 has set two commissioner decisions refusing a man

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Courts Service · 2009-07-10 · courts

High Court quashes school enrolment appeal decision over limits of committee’s role

high court quashes school enrolment appeal decision over limits of committee’s role the ruled that an appeals committee had considered matters beyond its remit when it overturned a refusal to enrol student at mullingar community college. [2009] iehc 373 quashed upheld family’s against college’s thei

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Courts Service · 2009-07-10 · courts

High Court quashes Law Society referral over fair-procedure failures

high court quashes law society referral over fair-procedure failures the set aside committee’s decision to seek a disciplinary inquiry, finding that solicitor was not told it investigating possible general misconduct or given chance respond. [2009] iehc 339 has quashed refer denis mcmahon solicitors

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Courts Service · 2009-07-10 · courts

High Court bars Circuit Court judge from continuing a family law case

high court bars circuit judge from continuing a family law case the granted judicial review after finding reasonable apprehension that had reached view before all evidence and argument were heard. [2009] iehc 316 a. p. an order prohibiting to hear proceedings involving notice party mr justice clarke

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Courts Service · 2009-07-10 · courts

High Court quashes animal offences conviction after self-representation request was refused

high court quashes animal offences conviction after self-representation request was refused the ordered a fresh district trial, finding that john burke’s to dismiss his solicitor and conduct own defence had been without sufficient reason. [2009] iehc 343 quashed for under protection dog control laws

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Courts Service · 2009-07-09 · courts

High Court rejects challenge to refusal to revoke mother and child’s deportation orders

high court rejects challenge to refusal revoke mother and child’s deportation orders mr justice cooke ruled that the minister’s consideration of revocation request was lawful. refused judicial review did not reconsider earlier or protection decisions. [2009] iehc 334 has a application for decision t

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Courts Service · 2009-07-08 · courts

High Court refuses Ethiopian asylum claimant leave to challenge credibility decision

high court refuses ethiopian asylum claimant leave to challenge credibility decision the found no substantial ground review refugee appeals tribunal’s assessment, while noting that an extension-of-time request would probably have failed if it had needed be decided. [2009] iehc 330 refused a tribunal

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Courts Service · 2009-07-07 · courts

Supreme Court dismisses appeal over alleged wardship of appellant’s husband

supreme court dismisses appeal over alleged wardship of appellant’s husband the affirmed high court’s dismissal negligence proceedings, refused discovery motions and ordered that future proceedings against either defendant require leave. dismissed carmel rose o'reilly mccabe’s orders striking out he

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Courts Service · 2009-07-07 · courts

High Court says blood-sample label error did not justify dismissing drink-driving charge

high court says blood-sample label error did not justify dismissing drink-driving charge the allowed prosecutor’s appeal by way of case stated, finding district should have considered whether technical caused real prejudice. it decide accused’s guilt. [2009] iehc 337 ruled that an incorrect date bir

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Courts Service · 2009-07-07 · courts

High Court strikes out second McHugh case as abuse of process

high court strikes out second mchugh case as abuse of process the found 2008 proceedings duplicated an earlier and were issued to get around a refusal add three individuals defendants. it struck while 2005 remained in being. [2009] iehc 340 brought by maura lisa against allied irish banks plc indivi

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Courts Service · 2009-07-03 · courts

Car dealer liable for €1.36m bank loan despite solicitor’s fraud, High Court rules

car dealer liable for €1.36m bank loan despite solicitor’s fraud, high court rules [2009] iehc 319 a lucan has been held more than €1.35 million under the finding that his solicitor had defrauded and deceived him in underlying property dealings. john madden, principal of madden sales, borrowed €1.33

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Courts Service · 2009-07-03 · courts

High Court refuses challenge to Refugee Appeals Tribunal credibility decision

high court refuses challenge to refugee appeals tribunal credibility decision the held that tribunal’s findings had a sufficient basis in evidence independent of an earlier hearing affected by interpretation difficulties. [2009] iehc 323 refused asylum applicant’s application quash rejecting his cla

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Courts Service · 2009-07-03 · courts

High Court grants Revenue summary judgment against two Kane defendants

high court grants revenue summary judgment against two kane defendants the held that uncomplied-with tax appeal precepts and written notices withdrawing appeals left no arguable defence to vat assessments. it did not decide whether defendants’ former solicitor had their actual authority. [2009] iehc

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Courts Service · 2009-07-02 · courts

High Court stays boundary-error issues for arbitration in land sale dispute

high court stays boundary-error issues for arbitration in land sale dispute the allowed proceedings to continue on other questions, but said no trial notice could be served until an arbitrator had ruled under contract’s general condition 33. [2009] iehc 320 has stayed part of a over €46.69 million c

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Courts Service · 2009-07-02 · courts

High Court rules Wicklow drink-driving arrest lawful

high court rules wicklow drink-driving arrest lawful the answered a district judge’s first question in consultative case stated affirmative. it did not decide whether later evidence was admissible because that second arise. [2009] iehc 314 ruled man’s at alcohol testing checkpoint lawful, answering

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Courts Service · 2009-07-02 · courts

High Court finds challenge over child’s passport application moot

high court finds challenge over child’s passport application moot the declined to consider whether district office lawfully refused accept an application, after dispute had already been resolved in separate proceedings. [2009] iehc 321 has ruled that a judicial review brought name of anonymised chil

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Courts Service · 2009-07-02 · courts

Supreme Court rules assault prosecution on indictment was not barred by six-month limit

supreme court rules assault prosecution on indictment was not barred by six-month limit tom arden the has upheld validity of an arising from alleged in bundoran, county donegal, rejecting argument that director public prosecutions had to decide within six months how case would be prosecuted. robert

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Courts Service · 2009-07-02 · courts

High Court orders surrender to Lithuania over alleged assault

high court orders surrender to lithuania over alleged assault the found that conduct described in european arrest warrant corresponded offences under irish law, despite not expressly alleging victim did consent. [2009] iehc 341 has ordered of arunas zukauskas lithuania, where he is sought for prosec

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Courts Service · 2009-07-02 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found no substantial grounds proceed with a judicial review of appeals tribunal’s uphold recommendation refusing status. [2009] iehc 302 has refused for an anonymised applicant pursue challenging that he be in judgment delivered on 2

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Courts Service · 2009-07-01 · courts

High Court refuses challenge to rejection of Congolese asylum appeal

high court refuses challenge to rejection of congolese asylum appeal the found no basis quash refugee appeals tribunal’s decision, despite a possible technical failure provide information about unhcr officer’s lecture. [2009] iehc 301 has refused an application tribunal decision rejecting m. n.’s ag

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Courts Service · 2009-07-01 · courts

High Court refuses bid to stop fresh prosecution of Cork burglary and sexual assault charges

high court refuses bid to stop fresh prosecution of cork burglary and sexual assault charges the found no evidence that restarting case after a nolle prosequi created prejudice or real risk an unfair trial. [2009] iehc 310 has refused application permanently man charged with arising from incident in

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Courts Service · 2009-07-01 · courts

Supreme Court upholds Rimini jurisdiction clause in machinery dispute

supreme court upholds rimini jurisdiction clause in machinery dispute the dismissed an appeal over a printed sale conditions, holding that it formed part of any agreement between plaintiffs and italian supplier. by dan o’connor joinery limited, upholding high decision conditions for woodworking mach

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Courts Service · 2009-07-01 · courts

Supreme Court rejects Hazel Lawlor bid for criminal proof standard at planning tribunal

supreme court rejects hazel lawlor bid for criminal proof standard at planning tribunal the has rejected lawlor’s attempt to require apply of before making serious findings against her late husband, former td and dublin county councillor liam lawlor. died in a road traffic accident russia october 20

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Courts Service · 2009-07-01 · courts

High Court refuses bid for immediate release of Blanchardstown apartment sale proceeds

high court refuses bid for immediate release of blanchardstown apartment sale proceeds [2009] iehc 313 the has refused justin keogh’s application an order requiring a solicitor to what he claimed was his share from €300,000 jointly owned property. mr keogh and laura sherwin had bought property at 21

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