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Courts Service · 2009-11-28 · courts

High Court dismisses claim over alleged footpath fall in Clondalkin

high court dismisses claim over alleged footpath fall in clondalkin the judge found plaintiff had not proved negligence by south dublin county council, citing unreliable evidence and discrepancies accounts of incident. [2009] iehc 518 dismissed a personal injury against council after finding that mi

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Courts Service · 2009-11-27 · courts

High Court awards €301,479 in wrongful dismissal case

high court awards €301,479 in wrongful dismissal case the found former managing director was entitled to six months’ notice and unpaid bonuses, while rejecting his account that dutch assignment temporary guaranteed a return similar role. [2009] iehc 524 awarded donal mccarthy damages after finding d

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Courts Service · 2009-11-27 · courts

Software developer breached Visusoft agreement by retaining Datapos copy, High Court finds

software developer breached visusoft agreement by retaining datapos copy, high court finds [2009] iehc 543 the has found that robert harris his with ltd a copy of company's programme after employment ended. dispute concerned developed before, during and mr harris's 15 months visusoft. he had previou

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Courts Service · 2009-11-27 · courts

High Court blocks winding-up petition against Nenagh bypass subcontractor over disputed €156,214 debt

high court blocks winding-up petition against nenagh bypass subcontractor over disputed €156,214 debt [2009] iehc 572 the has stopped main contractors on from pursuing a earthmoving and haulage donal rigney limited €156,214.31 payment. limited, trading as hiredepot, worked county tipperary road proj

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Courts Service · 2009-11-27 · courts

High Court refuses to prohibit third trial over missing exhibits

high court refuses to prohibit third trial over missing exhibits the ruled that alleged prejudice from items and original statements could be addressed at trial. [2009] iehc 525 refused an application by john kelly his criminal trial, ruling concerns about witness dealt with judge. mr justice hediga

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Courts Service · 2009-11-26 · courts

High Court refuses appeal certificate in Belarus asylum case

high court refuses appeal certificate in belarus asylum case the said earlier decision turned on tribunal’s failure to consider potentially direct documentary evidence alongside applicant’s testimony. [2009] iehc 510 has refused respondents’ application for a allowing an supreme after it quashed ref

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Courts Service · 2009-11-26 · courts

Irish Times journalists ordered to pay tribunal costs despite winning appeal

irish times journalists ordered to pay tribunal costs despite winning appeal supreme court the has journalist colm keena and editor geraldine kennedy legal of mahon in both high court, having won their substantive appeal. ruling followed court’s earlier judgment 31 july 2009 overturning a order whic

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Courts Service · 2009-11-25 · courts

High Court rejects Waxy O’Connors’ challenge to underage alcohol defence

high court rejects waxy o’connors’ challenge to underage alcohol defence the refused judicial review relief, holding that age-card under amended licensing law did not violate constitutional rights. [2009] iehc 515 has o’connors limited’s application for of its conviction an offence involving sale a

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Courts Service · 2009-11-25 · courts

High Court grants leave to challenge refusal to consider return-risk claim

high court grants leave to challenge refusal consider return-risk claim the found a substantial ground examine whether refugee appeals tribunal wrongly treated fear of persecution as returned asylum seeker outside its jurisdiction. it did not decide applicants would face or quash tribunal’s decision

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Courts Service · 2009-11-25 · courts

High Court rejects challenge to detention of €38,800 seized at Dublin Airport

high court rejects challenge to detention of €38,800 seized at dublin airport the ruled that initial district application detain cash could be heard without advance notice, and found no basis quash order. [2009] iehc 523 has rejected a romanian family’s judicial review order allowing revenue from cl

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Courts Service · 2009-11-25 · courts

Prisoner granted leave to challenge lack of literacy education at Mountjoy

prisoner granted leave to challenge lack of literacy education at mountjoy the high court said raised an arguable question about compliance with prison rules, but made no finding that rules had been breached. [2009] iehc 513 a seek judicial review over his claim he not given access and training. did

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Courts Service · 2009-11-23 · courts

High Court dismisses appeal over solicitors’ disciplinary complaint

high court dismisses appeal over solicitors’ disciplinary complaint the upheld tribunal’s decision that there was no prima facie case to inquire into three conduct in handling a personal injury claim. [2009] iehc 514 has dismissed an by lawrence evans against solicitors tribunal for inquiry of who a

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Courts Service · 2009-11-23 · courts

High Court refuses leave to challenge refusal of Chinese grandmother’s residence extension

high court refuses leave to challenge refusal of chinese grandmother’s residence extension the applicants did not provide prima facie evidence that grandmother was dependent on her irish-based family, said. it refused permission bring judicial review proceedings; decide a full review. [2009] iehc 50

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Courts Service · 2009-11-23 · courts

High Court rejects challenge to council vacancy co-option law

high court rejects challenge to council vacancy co-option law the held that constitution allowed oireachtas provide for casual local authority vacancies be filled by co-option. [2009] iehc 516 has rejected a constitutional allowing on authorities co-option, and refused relief sought rathkeale electo

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Courts Service · 2009-11-19 · courts

Supreme Court upholds order returning young child from Cork to Australian jurisdiction

supreme court upholds order returning young child from cork to australian jurisdiction the has upheld an requiring a living with her mother in be returned of courts under hague convention on international abduction. child's parents, identified as a.s. and c.s., met australia 2007 married later that

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Courts Service · 2009-11-19 · courts

High Court refuses challenge to asylum appeal decision after finding no substantial unfairness

high court refuses challenge to asylum appeal decision after finding no substantial unfairness the found a technical failure provide country information in writing, but held that applicant had been able address it and tribunal’s turned on credibility findings. [2009] iehc 503 has refused an applican

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Courts Service · 2009-11-19 · courts

High Court lets Aktiv Kapital companies defend GE Capital debt-sale claim

high court lets aktiv kapital companies defend ge capital debt-sale claim the refused to enter summary judgment on a €2.16 million claim, finding an arguable defence tied sharp rise in march 2009 debts and possible earlier sale of third party. [2009] iehc 512 court, commercial has allowed two €2,158

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Courts Service · 2009-11-19 · courts

High Court dismisses long-delayed company oppression proceedings

high court dismisses long-delayed company oppression proceedings the found delay in pursuing denis meehan’s petition inordinate and inexcusable, said allowing case to proceed risked an unfair trial. [2009] iehc 505 dismissed brought by meehan against walsh western holdings limited director michael e

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Courts Service · 2009-11-19 · courts

High Court says second Garda could administer roadside breath test after detention

high court says second garda could administer roadside breath test after detention in a consultative case stated, the answered yes: procedure used at an accident scene complied with section 12, where one detained accused and another administered test. [2009] iehc 506 ruled that who detains driver ma

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Courts Service · 2009-11-18 · courts

High Court rejects challenge to refusal of costs after criminal acquittal

high court rejects challenge to refusal of costs after criminal acquittal the upheld trial judge’s decision refuse costs, finding that her reasons were lawful and reasonable. it also rejected challenges based on presumption innocence lack an appeal. [2009] iehc 497 has refused s. f.’s application fo

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Courts Service · 2009-11-18 · courts

High Court dismisses claim against nightclub owner over sudden assault

high court dismisses claim against nightclub owner over sudden assault the accepted evidence that assailant had behaved aggressively towards patrons, but found plaintiff not proved operator breached its duty of care. [2009] iehc 521 dismissed alan reynolds’s negligence company operating ruby’s night

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Courts Service · 2009-11-18 · courts

Supreme Court upholds surrender of Romanian couple to serve 12-year fraud sentences

supreme court upholds surrender of romanian couple to serve 12-year fraud sentences the has upheld a husband and wife who had been living in ireland since 2000 prison imposed romania for fraud-related offences. florin gheorghe violeta corina appealed high orders directing their judicial authorities

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Courts Service · 2009-11-17 · courts

High Court prohibits trial after CCTV footage was sought too late

high court prohibits trial after cctv footage was sought too late the found that potentially important of reported suspicious activity outside an elenora’s pub probably available but not in time, creating a rare case for stopping prosecution. [2009] iehc 502 prohibited edward keogh on firearms charg

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Courts Service · 2009-11-17 · courts

High Court orders sale of separated couple’s property portfolio

high court orders sale of separated couple’s property portfolio in a judicial separation case, the directed that all properties be sold and net proceeds divided equally, while leaving formal to settled with counsel. [2009] iehc 517 held by couple ordered equally. ruling addressed proper provision wi

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Courts Service · 2009-11-16 · courts

Supreme Court overturns name change in Sandy Lane Hotel libel case

supreme court overturns name change in sandy lane hotel libel case the has overturned an order allowing plaintiff a action over 1998 sunday times article to its from limited co. limited. proceedings were issued june against newspapers limited, zoe brennan and wendy leith. concerned published on 1 ma

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Courts Service · 2009-11-13 · courts

High Court upholds 30-day detention of 16-year-old over screwdriver offence

high court upholds 30-day detention of 16-year-old over screwdriver offence [2009] iehc 522 the has upheld a sentenced to 30 days after pleading guilty at tallaght district possessing as an article with blade or sharp point. brian mooney, who had no previous convictions, pleaded on september 14, 200

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Courts Service · 2009-11-13 · courts

High Court confirms examinership schemes for three Fleming companies, with change to Tivway plan

high court confirms examinership schemes for three fleming companies, with change to tivway plan the approved limited, john j. construction company and j.j. holdings, rejecting acc bank’s objections adding a clause preserving future levy proceedings. [2009] iehc 494 confirmed finding that bank plc h

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Courts Service · 2009-11-13 · courts

High Court orders enforcement of Danish arbitration award against Irish company

high court orders enforcement of danish arbitration award against irish company the rejected company’s challenges over agreement and procedure, granted relief sought by supplier. [2009] iehc 577 ordered in ireland a favour kastrup trae-aluvinduet a/s aluwood concepts ltd., rejecting aluwood’s to way

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Courts Service · 2009-11-12 · courts

Court certifies drug-evidence question for Supreme Court appeal

court certifies drug-evidence question for supreme appeal the of criminal ruled that an exceptional public-interest legal should go to after dismissing alphonsus connolly’s challenge his conviction. has certified a point law concerning expert evidence about amount controlled substance in drug powder

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Courts Service · 2009-11-12 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found no substantial ground set aside refugee appeals tribunal’s refusing status an anonymised chinese applicant. [2009] iehc 491 refused applicant seek judicial review of a upholding refusal his application. tribunal decision. applica

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Courts Service · 2009-11-11 · courts

Supreme Court refuses Lithuania surrender request over indivisible sentence

supreme court refuses lithuania surrender request over indivisible sentence the allowed modestas kizelavicius’s appeal, finding it could not separate for three corresponding offences from a fourth offence that did correspond under irish law. appeal against high order his to lithuania, ruling he was

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Courts Service · 2009-11-11 · courts

High Court dismisses prison abuse claim over decades-long delay

high court dismisses prison abuse claim over decades-long delay the found that a 36-year or longer created clear risk of an unfair trial for state defendants. plaintiff’s allegations were not determined at trial. [2009] iehc 496 has dismissed damages alleged assaults and sexual by wardens, finding b

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Courts Service · 2009-11-11 · courts

High Court grants leave to challenge asylum appeal decision over relocation and state protection

high court grants leave to challenge asylum appeal decision over relocation and state protection the allowed judicial review proceedings go forward on two grounds concerning tribunal’s assessment of internal in nigeria. it did not decide whether applicant was a refugee. [2009] iehc 492 granted w. m.

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Courts Service · 2009-11-11 · courts

High Court awards €35,000 after finding bus incident worsened pre-existing neck condition

high court awards €35,000 after finding bus incident worsened pre-existing neck condition the found 2003 made a previously symptom-free cervical painful, but held that later symptoms and claimed psychological injuries were not attributable to it. [2009] iehc 495 awarded ann hegarty for pain, sufferi

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Courts Service · 2009-11-06 · courts

Sligo Borough Council ordered to pay €62,190 after woman tripped on footpath defect

sligo borough council ordered to pay €62,190 after woman tripped on footpath defect [2009] iehc 536 high court by tom arden the has awarded sheila colburn finding that a defective section of castle street in caused her trip and suffer lasting injuries. was walking along june 29th, 2006 when she fell

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Courts Service · 2009-11-06 · courts

High Court refuses judicial review bid over family law order after delay

high court refuses judicial review bid over family law order after delay the refused leave to challenge a circuit order, finding application was out of time and followed concluded appeal. it did not decide constitutional challenge. [2009] iehc 487 has an for that applicant brought too late pursuing

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Courts Service · 2009-11-06 · courts

High Court grants leave to challenge refugee appeal decision

high court grants leave to challenge refugee appeal decision the found substantial grounds review parts of appeals tribunal’s credibility assessment, but did not decide whether applicant should be recognised as a refugee. [2009] iehc 481 granted cameroonian woman seek judicial tribunal that affirmed

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Courts Service · 2009-11-06 · courts

High Court refuses engineers’ bid to set aside third-party notices in Sorrento Terrace case

high court refuses engineers’ bid to set aside third-party notices in sorrento terrace case the found were served as soon reasonably possible circumstances, allowing related claims remain main litigation. [2009] iehc 486 has refused an engineering firm’s application a dispute over alleged damage dal

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Courts Service · 2009-11-05 · courts

Court suspends final year of teacher’s sentence for 1982 indecent assault

court suspends final year of teacher’s sentence for 1982 indecent assault the criminal appeal replaced a three-year with three years’ imprisonment, 12 months suspended subject to probation supervision and sex offender therapy. quashed prison imposed on p. o’c. indecently assaulting 12-year-old pupil

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Courts Service · 2009-11-03 · courts

Supreme Court sends beef-processing competition case back to High Court

supreme court sends beef-processing competition case back to high the ordered further consideration of whether bids arrangements qualify for an exemption under eu rules, after european justice held they had anti-competitive object. has remitted a involving proposed reduction in irish capacity analys

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Courts Service · 2009-11-03 · courts

High Court orders Dublin City Council trespassers to leave, with three-month stay

high court orders dublin city council trespassers to leave, with three-month stay the said could obtain removal because an unserviced site was available, while recognising serious, uncontradicted safety concerns about returning there. [2009] iehc 477 has ordered martin gavin and other defendants lea

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Courts Service · 2009-11-03 · courts

Supreme Court dismisses Equality Authority appeal over Portmarnock Golf Club

supreme court dismisses equality authority appeal over portmarnock golf club the upheld high court’s interpretation that came within an equal status act exemption. it set aside comments on constitutional issues, which did not need to decide. dismissed authority’s club’s exclusion of women from membe

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Courts Service · 2009-11-03 · courts

Supreme Court rules Portmarnock Golf Club does not qualify for gender exemption

supreme court rules portmarnock golf club does not qualify for gender exemption the allowed equality authority’s appeal on statutory interpretation, holding that club’s principal purpose was playing and it did cater only men. constitutional decided in this judgment. over status under equal act 2000,

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Courts Service · 2009-11-03 · courts

High Court prohibits prosecution after finding excessive delay breached fair trial rights

high court prohibits prosecution after finding excessive delay breached fair trial rights the found that additional prosecutorial infringed applicant’s right to a with reasonable expedition, despite his initial failure attend court. [2009] iehc 485 has prohibited further of five road traffic charges

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Courts Service · 2009-11-03 · courts

Supreme Court rules Portmarnock Golf Club was a discriminating club

supreme court rules portmarnock golf club was a discriminating the allowed equality authority’s appeal on interpretation of equal status act, holding that club’s principal purpose and it did not qualify for single-gender exception. an by authority held under act 2000 because its excluded women from

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Courts Service · 2009-11-03 · courts

Supreme Court sends beef industry competition case back to High Court

supreme court sends beef industry competition case back to high the has sent a law dispute involving irish processing sector for fresh examination of whether arrangements at issue can qualify an exemption under european law. mr justice fennelly delivered judgment on 3 november 2009 in proceedings br

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Courts Service · 2009-11-03 · courts

Supreme Court dismisses Equality Authority appeal over Portmarnock Golf Club exemption

supreme court dismisses equality authority appeal over portmarnock golf club exemption the held that came within an in equal status act for clubs catering only to needs of people a particular gender. it dismissed authority’s on statutory interpretation; constitutional issues were not decided this ju

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Courts Service · 2009-11-02 · courts

High Court orders 18-month secure placement for anonymised boy

high court orders 18-month secure placement for anonymised boy the ordered s.n.’s detention at ballydowd, with monthly reviews, after an application initially seeking one month. proposed nebraska was not before decision. [2009] iehc 504 of 14-year-old ballydowd 18 months, reviews and “mobilities” di

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