Courts Service · 2009-12-23 · courts
high court refuses tesco injunction bid over dunnes christmas price comparisons [2009] iehc 569 the has refused ireland’s application to immediately restrain stores from publishing comparative advertisements which claimed gave shoppers a misleading impression of differences between two retailers. di
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Courts Service · 2009-12-23 · courts
high court dismisses parts of minority shareholder’s oppression claim a petition against two company directors and others may proceed on some allegations, but the ruled that six categories complaint could not support relief under companies act. [2009] iehc 570 has dismissed martialone limited its di
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Courts Service · 2009-12-23 · courts
high court orders two creditor meetings on millstream contamination scheme the directed separate for creditors connected and unconnected to recycling, stayed claims against company until further order. it did not approve itself. [2009] iehc 571 has ordered of consider an amended proposed by recyclin
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Courts Service · 2009-12-21 · courts
high court finds landowners breached deal over dublin development finance the found that owners failed to obtain city council’s consent needed for security part of site. it proposed rescinding agreement and ordering repayment, but left precise order be settled. [2009] iehc 576 court, commercial mark
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Courts Service · 2009-12-21 · courts
high court says anglo irish bank can enforce existing rights without changing injunction the declined to vary a mareva injunction, while stressing that it did not decide whether had asserted or would exercise them bona fide. [2009] iehc 566 an restraining breifne o’brien from reducing his assets bel
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Courts Service · 2009-12-21 · courts
high court refuses leave to challenge afghan asylum refusal the granted a three-day extension of time but found no substantial grounds refugee appeals tribunal’s decision that feared persecution was not linked convention reason. [2009] iehc 603 refused an applicant seek judicial review refusing him
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Courts Service · 2009-12-21 · courts
high court seeks valuation inquiry before deciding costs in meath planning case the underlying proceedings were compromised. justice dunne left dispute unresolved, directing parties to address how establish whether circuit had jurisdiction. [2009] iehc 564 has deferred a decision on enforcement invo
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Courts Service · 2009-12-21 · courts
greenstar lost three fair-procedure challenges, while wider waste-plan variation was held unlawful the high court rejected greenstar’s claims about an oral hearing, withheld advice and structural bias. it also applied findings from a related case that breached competition law outside councils’ power
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Courts Service · 2009-12-21 · courts
high court directs early trial of aforge account question the found a substantial preliminary legal over whether hsbc institutional trust services (ireland) limited owed duties to investors, and set out how that should proceed. [2009] iehc 565 directed be tried in three proceedings seeking accounts
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Courts Service · 2009-12-21 · courts
high court ruled irish life & permanent reserve was a realised profit for distribution purposes in judgment on proposed group restructuring, the classified €2.006bn accounting as under section 45, while describing outcome arising from unusual circumstances. [2009] iehc 567 court, commercial that “ot
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Courts Service · 2009-12-18 · courts
high court enters €98.1m judgment over ringsend glass bottle site investment [2009] iehc 568 the has entered for more than €98 million against donatex limited arising from financing connected with €410 million-plus purchase of former irish in ringsend, dublin 4. mr justice kelly ruled on december 18
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Courts Service · 2009-12-18 · courts
high court dismisses bank worker’s injury claim over fall in westport branch the found no negligence by allied irish banks, concluding that mary behan was responsible for keeping her work area clear. it rejected bank’s separate application to dismiss case under section 26 of 2004 act. [2009] iehc 55
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Courts Service · 2009-12-18 · courts
high court rejects challenge to irish language translation rules the found that supreme did not discriminate against people choosing in legal documents, but reserved costs for further submissions. [2009] iehc 541 rejected a requiring english translations of certain finding or breach section 8(6) off
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Courts Service · 2009-12-18 · courts
high court dismisses principal’s challenge to proposed school disciplinary hearing the found dispute was not suitable for judicial review and that application delayed. it also rejected claimed reasonable apprehension of bias, while leaving key questions about process undecided. [2009] iehc 583 dismi
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Courts Service · 2009-12-18 · courts
high court dismisses granddaughter’s abuse claim over delay and deceased witness the dismissed civil proceedings against woman’s grandfather, finding that death of his wife meant he could not properly meet denied allegations at trial. made no on whether alleged occurred. [2009] iehc 542 ireland has
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Courts Service · 2009-12-18 · courts
high court rules personal injury settlement offers must be made within prescribed period the rejected argument that could served as late trial, but said law does not specify which party make first offer. [2009] iehc 563 ruled formal under section 17 of civil liability and courts act 2004 during peri
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Courts Service · 2009-12-18 · courts
high court orders return of two children from ireland to poland under hague convention [2009] iehc 585 the has ordered be returned after finding that their removal by mother was wrongful. children, referred as a.j. and j.p., were born in aged 10 seven at time proceedings. father, p.li., is german mo
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Courts Service · 2009-12-18 · courts
high court quashes asylum appeal decision over two credibility issues not put to applicant the set aside refugee appeals tribunal’s refusal and remitted case a different tribunal for reconsideration, finding that concerns about dependants blood transfusions should have been applicant. [2009] iehc 60
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Courts Service · 2009-12-18 · courts
high court awards €224,130 over missing land in limerick sale the found vendor’s side had not ensured that contract map matched could be conveyed, and awarded damages to purchaser. [2009] iehc 626 courtyard associates limited after finding a accurately showed available for sale. dispute concerned th
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Courts Service · 2009-12-17 · courts
high court rejects pharmacies’ challenge to emergency payment cuts five pharmacy companies argued that 2009 regulations reduced their state scheme income unfairly and breached constitutional rights. the rejected claims refused relief they sought. [2009] iehc 562 has a by payments community contracto
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Courts Service · 2009-12-17 · courts
high court quashes video-link order in sexual-offence prosecution the found a real risk to accused’s fair-trial rights and sent application back circuit for rehearing under higher evidential threshold. [2009] iehc 559 has quashed an allowing two complainants give evidence by live video link pending
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Courts Service · 2009-12-17 · courts
high court refuses challenge to cork estate take-in-charge process the granted leave for judicial review but rejected applicants’ city council’s decision begin taking roads and services at lindville in charge. [2009] iehc 560 two applicants bring a other charge, refused relief they sought after hear
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Courts Service · 2009-12-17 · courts
former examiner’s fees must come before trading costs in receivership, high court rules the held that approved and expenses owed to examiner take priority over weekly operating claims when a receiver continues trading. it left dispute €100,000 attributed sharmane limited unresolved deferred precise
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Courts Service · 2009-12-17 · courts
high court rejects dunnes stores challenge to cso quarterly reporting rules [2009] iehc 561 the has rejected a by regulations under which central statistics office required retailer submit information about its group activities. mr justice o'neill ruled on december 17, 2009 that (balance of payments
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Courts Service · 2009-12-17 · courts
high court rejects challenge to rules on sale of pre-signed mass cards the dismissed thomas mcnally’s section 99 charities act 2009, finding consumer protection measure constitutional. it made no whether his business complied with that section. [2009] iehc 573 has rejected a by card distributor law
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Courts Service · 2009-12-17 · courts
supreme court dismisses appeal against surrender order in uk arrest warrant case the held that described alleged offences and stafford’s involvement sufficiently for prosecution, without assessing strength of case. has dismissed martin a high directing his to united kingdom under european warrant. w
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Courts Service · 2009-12-17 · courts
high court rejects challenge over deportation decision and unborn child’s rights the held that minister was not required to assess against broader constitutional claimed for an child. it refused judicial review application. [2009] iehc 598 has a justice’s revoke order, ruling consider applicant’s ca
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Courts Service · 2009-12-16 · courts
high court postpones surrender pending determination of irish charges the ruled that striking out an earlier charge sheet did not amount to acquittal, so existing postponement remained in force. [2009] iehc 611 postponed jrm’s under a european arrest warrant until final against him ireland. if he is
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Courts Service · 2009-12-15 · courts
supreme court dismisses appeal over implantation of frozen embryos the said it was for oireachtas to set legal point at which unborn life receives constitutional protection. also found no agreement requiring appellant’s estranged husband consent implantation. {'name': 'the court', 'role_as_stated':
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Courts Service · 2009-12-15 · courts
supreme court rejects appeal over implantation of frozen embryos the upheld dismissal a civil claim and ruled that cryogenically preserved outside womb were not “the unborn” under article 40.3.3. dismissed mary roche’s three created during ivf treatment, upholding high court’s her rejecting constitu
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Courts Service · 2009-12-15 · courts
high court dismisses challenge to centrum products liquidator appointment the found that creditors had validly voted by value for michael butler, while limiting its review whether chairman correctly admitted creditor proofs voting. [2009] iehc 592 dismissed rationel vindeur limited’s of butler as li
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Courts Service · 2009-12-15 · courts
supreme court judge says frozen embryos not protected by constitutional right to life of unborn a has held that which have been implanted were covered the protection then afforded unborn. mr justice fennelly delivered his judgment on 15 december 2009 in mary roche's appeal involving thomas roche, an
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Courts Service · 2009-12-15 · courts
high court quashes planning decision on quarry block-making the found that an bord pleanála applied wrong test to exemption for works and relied irrelevant or speculative considerations when assessing a material change of use. [2009] iehc 553 has quashed pleanála’s at michael cronin (readymix) limit
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Courts Service · 2009-12-15 · courts
supreme court dismisses appeal over frozen ivf embryos the rejected both contractual and constitutional grounds of a woman’s to use three after her marriage broke down. dismissed mary roche’s seeking created during treatment, rejecting arguments. judgment, delivered by geoghegan j. on 15 december 20
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Courts Service · 2009-12-15 · courts
supreme court dismisses appeal over use of three frozen embryos the held there was no agreement for to be implanted and that pre-implantation did not fall within constitution’s protection “unborn”. dismissed mary roche’s seeking release implantation, concluding her husband had agreed their later wer
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Courts Service · 2009-12-14 · courts
court refuses certificate for supreme appeal over unsworn witness statements the of criminal said proposed questions were substantial but specific to case, not points exceptional public importance. refused an application by daniel doherty a that would permit court. legal case and did meet threshold
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Courts Service · 2009-12-11 · courts
high court makes no costs order against private security appeals board the applicant had already succeeded in having board’s decision quashed. ruled that quasi-judicial should bear circumstances, while authority accepted it to pay applicant’s costs. [2009] iehc 547 has declined after his successful
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Courts Service · 2009-12-11 · courts
high court ruled detention unlawful after district refused guilty plea over identity concerns the held that enquiries did not justify rejecting a and remanding applicant in custody. judgment records he had already been released found his unlawful. [2009] iehc 558 court’s refusal to accept so authori
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Courts Service · 2009-12-11 · courts
high court refuses bid to halt special criminal trial o’neill j. rejected a judicial review challenge the refusal adjourn barry o’brien’s trial, finding no exceptional circumstances and basis interfere with court’s decision. [2009] iehc 555 has refused application quash his prevent from proceeding w
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Courts Service · 2009-12-11 · courts
high court orders surrender after finding alleged conduct corresponded to irish sexual assault offence the ruled that described in a uk european arrest warrant was sufficient establish correspondence for purposes. it did not decide whether occurred. [2009] iehc 610 ordered kevin barry’s united kingd
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Courts Service · 2009-12-11 · courts
high court awards agreed damages after farm pass worsened flooding of monaghan home the found that works to a impeded floodwater in february 1994 and refilling breach without suitable drainage led further foreseeable flooding. [2009] iehc 548 patrick shevlin liable for damage michael ambrose’s on sh
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Courts Service · 2009-12-10 · courts
plaintiffs awarded costs of unresolved level-crossing injunction application the high court ruled that córas iompair éireann must pay plaintiffs’ interlocutory application, which was never decided after being subsumed into trial. [2009] iehc 625 has greg kavanagh, fred daly and thomas godkin an agai
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Courts Service · 2009-12-10 · courts
supreme court sends sperm-donor father’s access claim back to high the has refused a application become guardian of his biological son but ordered reconsider whether he should have child. child was born after j. mcd. donated sperm p.l., who in long-term same-sex relationship with b.m. before concept
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Courts Service · 2009-12-10 · courts
supreme court orders access for sperm donor father, refuses guardianship the allowed appeal on and sent matter back to high set arrangements. it dismissed guardianship. of ireland a father’s over child conceived through donation, but refused appoint him guardian. remitted issue decide arrangements i
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Courts Service · 2009-12-10 · courts
supreme court allows sperm donor father’s appeal on access but refuses guardianship the has ruled that a and natural father should not be appointed guardian of his child, denied all to child. identified only as h.l., was being raised by her mother, p.l., mother’s female partner, b.m. couple had unde
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Courts Service · 2009-12-10 · courts
supreme court sends biological father’s access claim back to high the allowed j mcd’s appeal on only, leaving decide that issue. his against refusal of guardianship was dismissed. has child and sent issue for decision. it dismissed appoint him guardian. court’s order limited access; did not itself g
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Courts Service · 2009-12-10 · courts
high court dismisses asylum-related judicial review but refuses costs order against solicitor the case ended after applicants’ was permitted to come off record. ordered applicants pay both respondents’ costs, found solicitor’s decision continue claim legal aid board did not meet threshold for a pers
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Courts Service · 2009-12-09 · courts
high court quashes asylum appeal decision over undisclosed country report the found tribunal relied on a uk guidance note about applicant’s alleged kidnapping without giving her chance to respond. it ordered quashed so could be re-examined. [2009] iehc 607 has refugee appeals rejecting nigerian woma
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Courts Service · 2009-12-09 · courts
supreme court dismisses dcu appeal over professor’s dismissal procedures the found that university had not given professor a final warning and an opportunity to make submissions. it left form of any relief for further hearing. dismissed dublin city university’s in dispute associate professor, findin
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Courts Service · 2009-12-09 · courts
high court dismisses restriction proceedings over delay; david cullen not a shadow director the found that evidence did establish was of hocroft developments. it also dismissed application against all three respondents, finding delay in bringing inordinate and inexcusable resulting prejudice made un
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Courts Service · 2009-12-09 · courts
high court refuses somali asylum applicant leave to challenge credibility findings [2009] iehc 604 by clara finn the has refused an anonymised a refugee appeals tribunal decision which rejected her account on grounds. applicant, identified as h.a.s., arrived in ireland august 2006 unaccompanied mino
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Courts Service · 2009-12-09 · courts
high court adjourns sale decision over drillfix judgment mortgage the made a well-charging order mabel savage’s interest in dublin property and declared debt due, but postponed deciding whether should be sold pending further enquiries. [2009] iehc 546 has on to of home enforce owed by savage limited
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Courts Service · 2009-12-09 · courts
high court dismisses challenge to sudanese asylum refusal the held that refugee appeals tribunal’s credibility assessment was sufficiently grounded withstand judicial review, despite possible errors over details. [2009] iehc 606 has dismissed a review tribunal decision refusing an anonymised applica
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Courts Service · 2009-12-08 · courts
high court refuses acc bid to take over 1987 bank of ireland sale order on roscommon lands [2009] iehc 545 the has refused plc permission a for patrick moffitt’s in county dating from 1987. sought be substituted as plaintiff and enforce sale, which had been made november 30, amended 1990 after folio
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Courts Service · 2009-12-08 · courts
high court rejects bid to block quarry challenge over registration decision the ruled that registering a under planning law did not prevent neighbours from pursuing separate claim its use was unauthorised. it decided only preliminary objection, whether in fact [2009] iehc 550 {'name': 'high court',
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Courts Service · 2009-12-08 · courts
high court dismisses hse appeal over child’s eligibility for disability assessment the upheld appeals officer’s interpretation that children under five when part 2 of act commenced remained eligible to apply an need. [2009] iehc 540 dismissed a health service executive against determination liam gal
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Courts Service · 2009-12-08 · courts
high court denies judicial review but makes no costs order over prosecution conduct the found real or serious risk that t. mcg. would be denied a fair trial, said late disclosure and prosecution’s handling of defence concerns amounted to special unusual circumstances on costs. [2009] iehc 539 refuse
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Courts Service · 2009-12-07 · courts
court refuses leave to appeal conviction over question about cars racing the of criminal held that a prosecutor’s defence expert did not create real and substantial risk an unfair trial. has refused gearoid cleary his for dangerous driving causing death, ruling whether two appeared be make trial unf
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Courts Service · 2009-12-07 · courts
company director held liable for €1.6m after tax under-declarations the high court found that tom kavanagh, liquidator of psk construction limited, established reckless and fraudulent trading claims against managing peter killeen. it also ordered both directors to pay €21,447 jointly severally disqu
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Courts Service · 2009-12-07 · courts
high court refuses to block revenue winding-up petition against troon developments [2009] iehc 590 the has refused prevent commissioners from seeking wind up limited over an acknowledged tax debt of more than €2.3 million. had issued a final demand in february 2009 for €2.68 million arrears. further
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Courts Service · 2009-12-07 · courts
high court refuses leave to challenge child care order the said mother’s appeal circuit was appropriate route contest district placing her daughter in of hse. [2009] iehc 591 refused a mother seek judicial review westport health service executive (hse) until she turns 18. mr justice hedigan delivere
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Courts Service · 2009-12-04 · courts
high court refuses challenge over 3¾-hour delay in charging ken broe the found a breach of requirement to charge him “forthwith” after re-arrest, but ruled that did not invalidate criminal proceedings. it also judicial review was brought too late. [2009] iehc 549 has refused broe’s application stop
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Courts Service · 2009-12-04 · courts
high court quashes refusal of subsidiary protection application over unconsidered account armed break-in the found minister’s analysis had not considered a potentially significant incident described in psychiatric report, but did decide that serious harm been proved or applicants qualified for prote
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Courts Service · 2009-12-04 · courts
high court awards €95,000 for injuries from 2005 roundabout collision the accepted that caused back pain and lasting traffic-related anxiety, but found later disc prolapse a 2008 psychotic episode were not proved to result crash. [2009] iehc 617 awarded phyllis donovan in damages sustained when car
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Courts Service · 2009-12-04 · courts
high court rejects teacher’s permanent-contract appeal against mount temple [2009] iehc 533 the has rejected a claiming entitlement to permanent post at comprehensive school after five years on successive fixed-term contracts. fergus russell taught engineering, metalwork and technical drawing dublin
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Courts Service · 2009-12-04 · courts
high court refuses linen supply of ireland applications to end five leases the ruled that company could not repudiate under section 20 and refused examiner’s alternative application disclaim them. [2009] iehc 544 by limited at premises in dublin county galway, ruling them companies (amendment) act 1
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Courts Service · 2009-12-04 · courts
high court refuses leave to challenge refugee appeal decision the held that applicant had not shown substantial grounds tribunal’s credibility assessment or its treatment of future persecution risk. [2009] iehc 527 refused an anonymised seek judicial review a appeals tribunal upholding recommendatio
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Courts Service · 2009-12-04 · courts
high court refuses amendment to time-barred fatal injuries claim the rejected a bid turn an earlier personal action into by widower and statutory dependants, finding that proposed change would prejudice defendant’s limitation defence. [2009] iehc 537 refused application amend proceedings brought aft
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Courts Service · 2009-12-04 · courts
high court refuses leave to challenge deportation order after it was carried out the found no substantial grounds permit judicial review of minister’s decision, concluding file showed a comprehensive assessment family’s circumstances and rights. [2009] iehc 528 refused an application for seek had al
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Courts Service · 2009-12-03 · courts
soldier allowed to expand injury claim over army medical treatment after 2002 crash [2009] iehc 534 high court the has former peter webb his personal injuries proceedings arising from a collision between two armoured personnel carriers include allegations about subsequent treatment. mr claimed he wa
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Courts Service · 2009-12-03 · courts
high court refuses leave to challenge refusal of eu residence card the found proposed judicial review clearly unfounded, holding that free-movement rules did not apply irish child’s circumstances. [2009] iehc 531 refused applicants bring a for nigerian man, finding their case unfounded. application
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Courts Service · 2009-12-02 · courts
criminal appeal court rejects leave application over swords murder conviction the dismissed applicant’s challenges to trial judge’s handling of evidence and jury directions. his mandatory life sentence remained in place. rejected mantas pauliukonis’s for conviction, finding no basis overturn decisio
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Courts Service · 2009-12-02 · courts
high court refuses challenge to nigerian father’s deportation order the rejected a judicial review brought by father and his irish citizen son, finding minister had considered family’s circumstances acted proportionately. [2009] iehc 595 has refused an application quash against kabir alli, national
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Courts Service · 2009-12-02 · courts
high court keeps structural engineers in roscommon property damage case despite delay challenges [2009] iehc 581 the has allowed third-party proceedings against hugh griffin associates to remain a arising from building works on main street. ms justice laffoy dismissed two applications by engineering
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Courts Service · 2009-12-02 · courts
high court refuses leave to challenge refusal revoke mother’s deportation order the found family had not shown substantial grounds minister’s decision, citing their limited links ireland and immigration history. [2009] iehc 593 has refused a mother her three children minister for justice’s against h
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Courts Service · 2009-12-02 · courts
high court refuses bid to halt indecent assault prosecution the found that late disclosure of hospital correspondence did not amount significant blameworthy delay and case present exceptional circumstances warranting a stay. [2009] iehc 526 has refused maurice connolly’s application stop his on seve
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Courts Service · 2009-12-02 · courts
high court refuses company’s late challenge to laois rezoning direction talbotgrange homes argued that a ministerial removing residential zoning from its durrow lands lacked proper notice and reasons. the found arguable issues but refused leave because company had delayed. [2009] iehc 535 limited’s
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Courts Service · 2009-12-02 · courts
high court rules alleged pre-1993 buggery offence could still be prosecuted the held that under section 61 of 1861 act was statutory and a prosecution proceed after repeal. it reserved appropriate order for further submissions. [2009] iehc 584 ruled an offences against person even though provision h
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Courts Service · 2009-12-01 · courts
supreme court upholds surrender of jaroslav stankiewicz to poland the has upheld an order surrendering after rejecting his argument that he had not “fled” country within meaning ireland’s european arrest warrant legislation. mr justice geoghegan dismissed stankiewicz’s appeal against a may 2008 high
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Courts Service · 2009-12-01 · courts
high court rejects bid to compel recognisance before case-stated application the said applicant had first ask district judge state a case, then seek if that succeeded. [2009] iehc 582 has rejected an by gillian coonan for order compelling set proposed appeal way of case stated. mr justice kearns she
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