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Courts Service · 2009-10-30 · courts

High Court grants leave to challenge refugee appeal hearing held without presenting officer

high court grants leave to challenge refugee appeal hearing held without presenting officer the allowed one ground of a judicial review application proceed, but refused on separate over an eight-month delay in decision. [2009] iehc 474 has granted f.k.s. seek whether appeals tribunal could hear her

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Courts Service · 2009-10-30 · courts

High Court finds woman unable to manage complex personal and financial affairs

high court finds woman unable to manage complex personal and financial affairs [2009] iehc 490 the has found that a identified as i.v.m. was her independently, following two-day hearing involving medical experts family members. case arose after president of directed determine whether was, in languag

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Courts Service · 2009-10-30 · courts

High Court refuses judicial review over amended obstruction charge

high court refuses judicial review over amended obstruction charge the said district court’s amendment could not be challenged by certiorari and that a consultative case stated was appropriate before evidence facts had been established. [2009] iehc 475 has refused an application iwona grodzicka to q

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Courts Service · 2009-10-30 · courts

High Court orders discovery of documents in Agrama judicial review

high court orders discovery of documents in agrama judicial review the order covers three categories communications and records concerning italian requests for mutual legal assistance applicant’s complaints. did not decide underlying issues. [2009] iehc 476 ordered frank agrama’s proceedings over fr

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Courts Service · 2009-10-28 · courts

High Court refuses leave to challenge infant’s asylum report

high court refuses leave to challenge infant’s asylum report the said child’s claim depended on her mother’s and should be considered with family’s at appeal stage. [2009] iehc 478 refused for j. o., an anonymised minor, seek judicial review of a negative report, finding no good reason intervene tha

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Courts Service · 2009-10-28 · courts

High Court grants leave to challenge refugee appeal decision

high court grants leave to challenge refugee appeal decision the raises questions about credibility findings and internal relocation in nigeria. did not decide whether should be quashed. [2009] iehc 479 has granted s. b. e. seek judicial review of a appeals tribunal decision, identifying arguable gr

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Courts Service · 2009-10-27 · courts

High Court rejects prisoner’s negligence claim over Midlands Prison assault

high court rejects prisoner’s negligence claim over midlands prison assault the found attack was not foreseeable and that authorities were negligent in failing to search prisoners entering b wing exercise yard. [2009] iehc 466 has dismissed a against governor of prison, minister for justice, equalit

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Courts Service · 2009-10-23 · courts

High Court rejects midwife’s challenge over inquiry chair’s relationship with expert witness

high court rejects midwife’s challenge over inquiry chair’s relationship with expert witness the found no reasonable apprehension of objective bias in professional between chair a fitness-to-practise and an witness. it refused judicial review relief sought. [2009] iehc 470 has independent applicatio

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Courts Service · 2009-10-23 · courts

High Court orders surrender to UK over eight alleged sexual offences

high court orders surrender to uk over eight alleged sexual offences the rejected objections european arrest warrant and ordered respondent’s for prosecution, finding no legal bar order. [2009] iehc 469 has james jordan’s authorities in united kingdom, where he is sought prosecution on offences. mr

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Courts Service · 2009-10-23 · courts

High Court leaves lis pendens in place pending trial of land dispute

high court leaves lis pendens in place pending trial of land dispute the declined to remove a claim registered against mayo, finding that factual disputes remained over allegations concerning purchaser’s title. [2009] iehc 511 has refused, at this stage, county leaving application be heard alongside

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Courts Service · 2009-10-23 · courts

Supreme Court says farmer cannot be tried before counsel aid application is heard

supreme court says farmer cannot be tried before counsel aid application is heard the held that a defendant in district proceedings has constitutional right to apply for legal covering both solicitor and counsel. it did not decide whether edward carmody qualified his own case. ruled on 42 charges un

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Courts Service · 2009-10-23 · courts

Supreme Court refuses to stop sexual assault trial over missing Leinster House CCTV footage

supreme court refuses to stop sexual assault trial over missing leinster house cctv footage the has refused prohibit of a man accused sexually assaulting female garda during an incident outside in dublin. appellant, identified as c.d., was alleged have behaved aggressively on kildare street 5 august

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Courts Service · 2009-10-22 · courts

Court refuses certificate for Supreme Court appeal in indecent assault case

court refuses certificate for supreme appeal in indecent assault case the of criminal said challenged indictment count depended on circumstances and raised no point exceptional public importance. has refused christopher kearns a to over wording an count. decision, delivered by mr justice fennelly 22

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Courts Service · 2009-10-22 · courts

High Court refuses bid to stop Disney on Ice at Citywest

high court refuses bid to stop disney on ice at citywest the found proposed show was a public function permitted by planning conditions and declined grant relief over an unsigned agreement limiting venue numbers. [2009] iehc 464 refused application amphitheatre ireland limited hss developments hss,

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Courts Service · 2009-10-21 · courts

High Court dismisses challenge seeking major changes to Dundalk-Newry road scheme

high court dismisses challenge seeking major changes to dundalk-newry road scheme [2009] iehc 472 by eoin marsh the has dismissed proceedings compel a1/n1 newry-dundalk link north of dundalk, including reconstruction part old n1 and redesignation dual carriageway as a motorway. john conway, who repr

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Courts Service · 2009-10-21 · courts

High Court orders return of three children to England, stayed until December

high court orders return of three children to england, stayed until december the found mother had not established grave risk but accepted that two elder objected returning. it ordered their england and wales, subject a stay undertakings. [2009] iehc 460 ireland jurisdiction courts wales after brough

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Courts Service · 2009-10-16 · courts

High Court declines to freeze investor cases over Madoff-linked fund losses

high court declines to freeze investor cases over madoff-linked fund losses the set out a plan link and jointly manage related proceedings, with common issues be tried in sequence decided later. [2009] iehc 457 of ireland declined halt two proceedings linked bernard madoff’s investment business. ins

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Courts Service · 2009-10-16 · courts

High Court orders Marble and Granite Tiles wound up over €43,115 debt

high court orders marble and granite tiles wound up over €43,115 debt the found company unable to pay its debts after it failed meet dublin city council’s written demand. also struck two paragraphs from a director’s affidavit ruled he could not represent company. [2009] iehc 455 has ordered limited

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Courts Service · 2009-10-16 · courts

High Court rejects developer’s attempt to claim other parties’ building losses in arbitration

high court rejects developer’s attempt to claim other parties’ building losses in arbitration the answered “no” questions about whether kelcar developments could repair costs and resort operator’s anticipated its with bowen construction. [2009] iehc 467 has ruled that limited cannot claim, construct

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Courts Service · 2009-10-16 · courts

High Court finds Navan solicitors negligent over 1998 land transfer to Patrick Darby

high court finds navan solicitors negligent over 1998 land transfer to patrick darby [2009] iehc 459 the has found a firm of in its handling that later exposed proceedings threatening site on which he had built his family home. ms justice irvine ruled oliver shanley and company fell below standard e

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Courts Service · 2009-10-16 · courts

High Court sends limitation dispute in solicitor negligence case to full hearing

high court sends limitation dispute in solicitor negligence case to full hearing the declined decide at a preliminary stage whether plaintiff’s claim was time-barred, leaving his plea of fraudulent concealment be proved plenary hearing. [2009] iehc 456 has sent against two solicitors hearing, findin

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Courts Service · 2009-10-16 · courts

High Court refuses O’Brien’s bid to repudiate more than 40 leases

high court refuses o’brien’s bid to repudiate more than 40 leases the found proposed wholesale repudiations fell outside examinership provision relied on, and said rushed process could not fairly determine landlords’ losses. [2009] iehc 465 refused irish sandwich bars limited’s applications leases,

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Courts Service · 2009-10-15 · courts

High Court rejects challenge to refusal of permanent residence certificate

high court rejects challenge to refusal of permanent residence certificate the held that a five-year period for had be completed under eu free-movement rules; applicant’s earlier in ireland national permission did not count. [2009] iehc 447 has rejected romanian national’s judicial review certificat

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Courts Service · 2009-10-14 · courts

High Court refuses challenge to Nigerian father’s deportation order

high court refuses challenge to nigerian father’s deportation order the found minister had considered family’s circumstances and given a substantial reason for deporting father, while rejecting claim that his youngest child was an irish citizen. [2009] iehc 448 refused application judicial review of

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Courts Service · 2009-10-14 · courts

High Court refuses leave to challenge asylum report for minor applicant

high court refuses leave to challenge asylum report for minor applicant the said applicant’s complaints about country information and her right be heard did not justify judicial review before statutory appeal. [2009] iehc 450 refused a seven-year-old seek of negative recommendation, finding that obj

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Courts Service · 2009-10-14 · courts

High Court quashes refusal to reopen Nigerian man’s asylum claim

high court quashes refusal to reopen nigerian man’s asylum claim the ruled that minister had consider whether new information about applicant’s hiv status raised a risk of persecution before refusing consent for further application. [2009] iehc 436 has quashed justice’s let man make application refu

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Courts Service · 2009-10-14 · courts

High Court orders businessman to take over Northumberland Road lease after Clonskeagh office deal

high court orders businessman to take over northumberland road lease after clonskeagh office deal [2009] iehc 468 by maeve rowan the has ordered gerard gannon liberty asset management limited's of 54 road, dublin 4, finding that commitment formed part a linked relocation deal. and were neighbouring

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Courts Service · 2009-10-14 · courts

Supreme Court says second examinership petition was an abuse of process

supreme court says second examinership petition was an abuse of process the allowed acc bank’s appeal against permission to proceed with a petition, holding that petitioner’s deliberate decision withhold evidence from first did not justify bringing it again. bank plc’s high had proceed. held its the

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Courts Service · 2009-10-14 · courts

High Court upholds €51,000 solicitors’ fee in patent tax costs dispute

high court upholds €51,000 solicitors’ fee in patent tax costs dispute the refused revenue’s challenge to taxing master’s ruling, finding no error assessed legal fees or manifest injustice result. [2009] iehc 453 has a revenue commissioners after over wen-plast (research and development) limited’s p

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Courts Service · 2009-10-14 · courts

Supreme Court rules second examinership petition was an abuse of process

supreme court rules second examinership petition was an abuse of process the allowed acc bank’s appeal, finding no exceptional circumstances to justify a after material evidence had been deliberately withheld in first. bank plc’s appeal against high decision permitting by vantive holdings and relate

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Courts Service · 2009-10-13 · courts

High Court refuses leave to challenge rejection of Cameroonian woman’s asylum appeal

high court refuses leave to challenge rejection of cameroonian woman’s asylum appeal the found no substantial grounds review refugee appeals tribunal’s decision, including its concerns about documents submitted in support claim. [2009] iehc 434 has refused an application for seek judicial a decision

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Courts Service · 2009-10-13 · courts

High Court finds bench warrant was wrongly issued in Cork case

high court finds bench warrant was wrongly issued in cork case the held that summonses were lawfully served, but a complaint had to be substantiated on oath before could issue. prosecution may continue district court. [2009] iehc 493 ruled served lawfully, for accused error because not been oath. ca

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Courts Service · 2009-10-12 · courts

High Court awards €20,000 over council’s Convention-breaching eviction process

high court awards €20,000 over council’s convention-breaching eviction process the awarded compensatory damages to two adult tenants after finding that a for pursuing possession lacked required safeguards. warrant had not yet been executed. [2009] iehc 452 in dublin city their breached convention ri

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Courts Service · 2009-10-09 · courts

High Court refuses leave for judicial review of Nigerian asylum report

high court refuses leave for judicial review of nigerian asylum report the said applicant’s credibility and other challenges to negative could be raised in his pending statutory appeal. [2009] iehc 451 refused an applicant seek a report, finding that complaints considered through appeal refugee appe

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Courts Service · 2009-10-09 · courts

High Court refuses challenge to Galway outer bypass approval

high court refuses challenge to galway outer bypass approval hands across the corrib ltd won leave on one habitat-law ground but failed establish it at hearing. refused its other grounds and declined quash an bord pleanála’s decision. [2009] iehc 600 has authorisation of part city outer-bypass, reje

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Courts Service · 2009-10-09 · courts

High Court refuses leave for judicial review over trial dates in 121-charge case

high court refuses leave for judicial review over trial dates in 121-charge case the found no arguable grounds to challenge a district judge’s confirmation of dates. underlying criminal charges remained be heard. [2009] iehc 441 refused john burke seek decisions made by judge about 121 charges, find

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Courts Service · 2009-10-09 · courts

Court of Criminal Appeal dismisses Brian Kearney’s murder conviction appeal

court of criminal appeal dismisses brian kearney’s murder conviction the rejected challenges to admission a diary, evidence about garda interviews and refusal direct an acquittal. it dismissed against his for murdering wife. has wife, siobhan kearney, in their goatstown home february 2006. upheld tr

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Courts Service · 2009-10-09 · courts

High Court refuses leave to challenge Nigerian siblings’ deportation orders

high court refuses leave to challenge nigerian siblings’ deportation orders the found three applicants’ asylum claims had been refused through their father’s case and rejected request bring judicial review proceedings out of time. [2009] iehc 437 application for orders, finding that as part case. al

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Courts Service · 2009-10-09 · courts

High Court refuses to quash Galway bypass approval after rejecting habitats challenge

high court refuses to quash galway bypass approval after rejecting habitats challenge the granted leave on legal but dismissed it a full hearing, finding board had not misinterpreted relevant rules. [2009] iehc 599 has refused an bord pleanála’s 2008 decision city outer by-pass, its interpretation o

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Courts Service · 2009-10-09 · courts

High Court upholds Kerry County Council quarry conditions imposed two years after registration

high court upholds kerry county council quarry conditions imposed two years after registration [2009] iehc 552 the has upheld by on a at clounmellane, firies, near killarney, rejecting claim that acted outside statutory time limit. patrick browne, who owns and operates quarry, sought to quash decisi

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Courts Service · 2009-10-09 · courts

High Court finds Arklow landowners retain limited right to use railway crossing

high court finds arklow landowners retain limited right to use railway crossing the held that an 1860s statutory accommodation way remained available for agricultural access land by avoca river, but postponed formal orders while parties considered safety arrangements. [2009] iehc 624 has found three

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Courts Service · 2009-10-08 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found no substantial grounds review tribunal’s rejection of a nigerian asylum applicant’s account, while extending time for late application. [2009] iehc 445 has refused an anonymised applicant seek judicial rejecting his status. that

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Courts Service · 2009-10-08 · courts

High Court orders tree company to buy out minority shareholder for €330,500

high court orders tree company to buy out minority shareholder for €330,500 the found that emerald group’s restructuring and continued exclusion of banfi from its profitable christmas business disregarded banfi’s interests as an group holdings member. it ordered a buyout, with deadline left further

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Courts Service · 2009-10-08 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the extended time for application but found no substantial grounds allow judicial review proceed. [2009] iehc 446 refused e. o. apply of a appeals tribunal that affirmed recommendation refusing her status. first bringing proceedings, whic

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Courts Service · 2009-10-07 · courts

High Court refuses challenge to Sudanese asylum appeal decision

high court refuses challenge to sudanese asylum appeal decision the found no breach of fair procedures in refugee appeals tribunal’s affirm a recommendation against status. [2009] iehc 432 has refused an application for judicial review by anonymised applicant who challenged affirming that he should

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Courts Service · 2009-10-07 · courts

High Court rejects challenge to refugee appeal decision

high court rejects challenge to refugee appeal decision the found tribunal’s reasons for rejecting y. l.’s were clear and held that over an unaddressed fear of return lacked supporting evidence. [2009] iehc 433 has rejected judicial review a appeals tribunal upheld recommendation not recognise him a

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Courts Service · 2009-10-06 · courts

Westport Garda sergeant loses challenge over disciplinary advice after fatal crash investigation

westport garda sergeant loses challenge over disciplinary advice after fatal crash investigation [2009] iehc 425 high court the has rejected a by denis harrington to issued his supervision of an into road traffic collision. case arose from involving car and motorcycle at knockbrack, westport, on 14

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Courts Service · 2009-10-06 · courts

High Court quashes adoption after natural father was excluded from process

high court quashes adoption after natural father was excluded from process [2009] iehc 429 the has quashed of a girl identified as s. finding that her wrongly process. w.s. named s.’s on birth certificate. he and child’s mother, n.l., had been in relationship before born january 2001, found played s

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Courts Service · 2009-10-06 · courts

High Court rejects developers’ bid for advance sight of planning tribunal findings

high court rejects developers’ bid for advance sight of planning tribunal findings [2009] iehc 428 the has rejected an attempt by developer owen o’callaghan and six other applicants to require disclose any proposed concerning them before finalising its report. sought orders compelling inquiry into c

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Courts Service · 2009-10-06 · courts

High Court allows Garda disciplinary case against Kilrush sergeant to continue despite three-year culpable delay

high court allows garda disciplinary case against kilrush sergeant to continue despite three-year culpable delay [2009] iehc 424 the has refused halt proceedings a attached station finding that authorities caused almost three years of in case. john ryan faced 36 alleged breaches concerning overtime,

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Courts Service · 2009-10-06 · courts

High Court rejects Viera challenge to Revenue VAT assessment after house sales audit

high court rejects viera challenge to revenue vat assessment after house sales audit [2009] iehc 431 the has rejected limited’s a arising from construction company’s treatment of residential property sales. began examining figures submitted with corporation tax refund claim showed substantially high

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Courts Service · 2009-10-06 · courts

High Court dismisses eight abuse claims after years of delay

high court dismisses eight abuse claims after years of delay the ruled that could not proceed fairly prolonged post-filing inaction, while finding earlier before proceedings began did itself make a defence unfair. [2009] iehc 422 dismissed over alleged sexual assaults during psychiatric treatment at

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Courts Service · 2009-10-06 · courts

High Court refuses bid to compel register of guardianship agreements

high court refuses bid to compel register of guardianship agreements the found no breach child applicant’s constitutional or convention rights and left any decision on creating a executive oireachtas. [2009] iehc 423 has refused judicial review application seeking state establish maintain public for

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Courts Service · 2009-10-06 · courts

High Court rejects challenge to Revenue decision to publish tax settlement details

high court rejects challenge to revenue decision publish tax settlement details [2008] iehc 427 the has rejected paul anthony mcgarry’s a commissioners that his payments amounted statutory capable of being published in iris oifigiúil. dispute followed audit concerning 2004 accounting period. calcula

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Courts Service · 2009-10-06 · courts

High Court rejects challenge to Afghan asylum refusal

high court rejects challenge to afghan asylum refusal the found no legal or procedural error in refugee appeals tribunal’s decision, which had primarily rejected applicant’s account on credibility grounds. [2009] iehc 435 has a judicial review decision refusing an applicant status, finding that he n

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Courts Service · 2009-10-06 · courts

High Court refuses three challenges to quarry conditions

high court refuses three challenges to quarry conditions the held that an bord pleanála could impose under section 261(6), including requirements seek future planning permission. it refused all reliefs, while leaving open whether a later refusal of permission lawfully end quarrying. [2009] iehc 426

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Courts Service · 2009-10-05 · courts

High Court rejects Rosmuc man’s bid for Irish translations of Garda witness statements

high court rejects rosmuc man’s bid for irish translations of garda witness statements [2009] iehc 430 the has rejected a by native speaker from rosmuc, county galway, official before his district trial in dublin. stiofán ó conaire, who was living dublin, had been charged on 23 january 2006 with an

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Courts Service · 2009-10-02 · courts

High Court rejects bid to remove Dublin coroner from pending inquest

high court rejects bid to remove dublin coroner from pending inquest the refused a judicial review application alleging apparent bias, finding that disputed claims could not be resolved on affidavit and evidence did establish objective bias. [2009] iehc 443 of ireland has an by marta martin prevent

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