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Courts Service · 2010-02-26 · courts

High Court orders surrender under European arrest warrant after finding correspondence for final offence

high court orders surrender under european arrest warrant after finding correspondence for final offence the found that facts described a polish conviction’s tenth would amount to possession of unlawfully obtained property irish law, satisfying remaining requirement. [2010] iehc 204 ordered jaroslaw

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Courts Service · 2010-02-26 · courts

Taxi driver liable after pedestrian struck on Athlone road, High Court finds

taxi driver liable after pedestrian struck on athlone road, high court finds the found negligent and 50% contributorily negligent, awarding him €127,879 applying that reduction to damages assessed at full liability. [2010] iehc 50 a was when his car athlone’s dublin has ruled, while finding pedestri

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Courts Service · 2010-02-26 · courts

Court suspends final two years of sentence for man convicted of manslaughter

court suspends final two years of sentence for man convicted manslaughter the criminal appeal found a possible error in how sentencing judge considered an unaccepted offer to plead guilty and reduced effective prison term. ten-year imposed on finn colclough manslaughter, suspending after finding tha

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Courts Service · 2010-02-26 · courts

Supreme Court rejects Tralee woman’s challenge to Legal Aid Board solicitor arrangement

supreme court rejects tralee woman’s challenge to legal aid board solicitor arrangement the has dismissed an appeal by dolores mannion over board’s handling of her request for assistance in proceedings which included a negligence claim against itself. dispute arose from litigation connected with apa

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Courts Service · 2010-02-26 · courts

High Court finds maternity hospital negligent over delayed response to fainting after sterilisation

high court finds maternity hospital negligent over delayed response to fainting after sterilisation the found breached its duty of care by failing advise a patient return she fainted morning surgery. it dismissed negligence claim against surgeon. [2010] iehc 51 national for tell following operation.

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Courts Service · 2010-02-26 · courts

High Court refuses to amend order requiring Kelly to remove online references

high court refuses to amend order requiring kelly remove online references the held that its december 2009 reflected intention, while explaining a person would not be liable for unknown, unconnected website activity merely because it existed. [2010] iehc 48 has refused patrick kelly’s application an

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Courts Service · 2010-02-26 · courts

High Court orders surrender in Northern Ireland rape prosecution case

high court orders surrender in northern ireland rape prosecution case the rejected an objection based on alleged trial prejudice from delay, but made no finding delay’s length, causes or respondent’s responsibility for it. [2010] iehc 205 ordered patrick murtagh’s to two offences said have occurred

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Courts Service · 2010-02-26 · courts

High Court rejects Menolly Homes bid to cross-examine tax inspector over €20m VAT assessment

high court rejects menolly homes bid to cross-examine tax inspector over €20m vat assessment [2010] iehc 49 the has rejected limited’s attempt a revenue of just under €20 million arising from sales new homes. raised in may 2004 after disputing arrangements involving and related companies which devel

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Courts Service · 2010-02-26 · courts

High Court dismisses insurance claim after finding homeowner probably caused house fire

high court dismisses insurance claim after finding homeowner probably caused house fire the found allianz had proved deliberate fire-setting by insured or someone acting for him, so it dismissed his indemnity. amount of any loss was not decided. [2010] iehc 43 has an joseph michovsky finding, on bal

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Courts Service · 2010-02-26 · courts

High Court rules Ryanair website terms can require German flight site to litigate in Ireland

high court rules ryanair website terms can require german flight site to litigate in ireland [2010] iehc 47 the has ruled that pursue proceedings against german-based comparison company billigfluege.de gmbh over its alleged use of information taken from ryanair’s website. billigfluege asked dismiss

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Courts Service · 2010-02-25 · courts

High Court refuses bid to halt Dublin criminal trial over missing CCTV

high court refuses bid to halt dublin criminal trial over missing cctv the rejected an application for judicial review, finding no exceptional basis stop district proceedings already under way. [2010] iehc 45 has refused prohibit continuing against john stirling, who argued that footage put his chan

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Courts Service · 2010-02-25 · courts

High Court refuses challenge to asylum refusal over Nigerian applicant’s credibility

high court refuses challenge to asylum refusal over nigerian applicant’s credibility the found refugee appeals tribunal’s reasoning unclear in places, but concluded that, read as a whole, it sufficiently explained why claim was disbelieved. [2010] iehc 133 has refused an seeker’s judicial review dec

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Courts Service · 2010-02-24 · courts

High Court rules original complaint remained valid after defective summons was struck out

high court rules original complaint remained valid after defective summons was struck out the granted dpp’s judicial review challenge to a district judge’s refusal sign replacement summons, finding that had not been dismissed. [2010] iehc 44 ruled an against alan considine out, and judge wrongly ref

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Courts Service · 2010-02-23 · courts

High Court dismisses solicitor’s challenge to Law Society directions

high court dismisses solicitor’s challenge to law society directions the held that estate beneficiaries could complain about a solicitor-executor’s services under solicitors (amendment) act 1994. it dismissed his judicial review finding of inadequate professional and related directions. [2010] iehc

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Courts Service · 2010-02-22 · courts

High Court dismisses Elizabeth Shannon appeal over solicitor misconduct complaint

high court dismisses elizabeth shannon appeal over solicitor misconduct complaint [2010] iehc 42 the has dismissed shannon’s against a finding that m.j. carter was not guilty of professional arising from work connected with her late mother’s estate. solicitors disciplinary tribunal had rejected ms o

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Courts Service · 2010-02-22 · courts

High Court awards €1.4m over failed €2.9m Kilkenny land purchase

high court awards €1.4m over failed €2.9m kilkenny land purchase [2010] iehc 72 the has awarded two vendors €1.4 million in damages after a property developer to complete €2.9 of lands at foulkscourt, co kilkenny. john moloney and patrick meade agreed september 2006 sell tadhg fox by way sub-sale. t

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Courts Service · 2010-02-19 · courts

High Court orders disclosure in challenge over Irish-language requirement for District Court judge

high court orders disclosure in challenge over irish-language requirement for district judge [2010] iehc 40 court, judicial review the has ordered limited of state documents proceedings concerning assignment zaidan to no. 1 and statutory relating proficiency. pascal mac aodháin’s underlying case cha

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Courts Service · 2010-02-18 · courts

Supreme Court sends EIS issue in Ballymore Eustace planning case to High Court

supreme court sends eis issue in ballymore eustace planning case to high the deferred its final order and remitted only question of whether default permission could be deemed granted without an environmental assessment. s.c. no. 91 2008 court; also referenced has sent a european assessment kildare b

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Courts Service · 2010-02-17 · courts

High Court refuses leave to challenge residence-card refusal

high court refuses leave to challenge residence-card refusal the said initial was supported by evidence then provided and requested review remained pending. it did not decide whether eu citizen qualified as a worker. [2010] iehc 86 refused seek judicial over of residence card for an indian national

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Courts Service · 2010-02-15 · courts

High Court refuses bid to set aside renewal of construction claim summons

high court refuses bid to set aside renewal of construction claim summons the held there was sufficient reason renew and that plaintiffs’ interest in pursuing their outweighed defendants’ disadvantage at this stage. [2010] iehc 39 has refused an application by four defendants a michael susan tangney

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Courts Service · 2010-02-15 · courts

High Court orders Fencore Services wound up after concerns over ship transaction

high court orders fencore services wound up after concerns over ship transaction the found that an independent investigation was needed into a 2009 involving company and green star shipping, ordered court-supervised winding up. it postponed appointing official liquidator for one week. [2010] iehc 35

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Courts Service · 2010-02-15 · courts

High Court rejects misconduct appeal over 25-year-old funeral expenses dispute

high court rejects misconduct appeal over 25-year-old funeral expenses dispute [2010] iehc 76 the has dismissed an seeking a disciplinary inquiry into allegations against solicitor kevin j. white arising from handling of after death hannah reen in 1985. patrick appealed solicitors tribunal decision

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Courts Service · 2010-02-12 · courts

High Court dismisses challenge to Afghan asylum appeal decision

high court dismisses challenge to afghan asylum appeal decision the found tribunal’s concerns about applicant’s account were open it and declined infer that interview notes had been ignored. [2010] iehc 141 has dismissed an seeker’s judicial review a refugee appeals tribunal affirming rejection of h

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Courts Service · 2010-02-12 · courts

High Court refuses leave to challenge father’s deportation order

high court refuses leave to challenge father’s deportation order the rejected application for seek judicial review, finding no stateable case that minister’s assessment was legally defective. it did not conduct a full review or quash order. [2010] iehc 88 has refused an made against nigerian man, mr

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Courts Service · 2010-02-12 · courts

High Court finds brothers jointly own 7,936 shares in family company

high court finds brothers jointly own 7,936 shares in family company a staged hearing determined whether edward gerard kelly was member of charles limited and the extent his shareholding. found he owned with william kelly. [2010] iehc 38 has that is owns brother kelly, following to membership kelly’

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Courts Service · 2010-02-12 · courts

ACC Bank awarded €3.27m against Galway property investors as judge refers forged loan document concerns to DPP

acc bank awarded €3.27m against galway property investors as judge refers forged loan document concerns to dpp [2010] iehc 41 high court, commercial by niamh ellis the court has ireland plc €3.27 million four while referring about an apparently and a fictitious p60 certificate director of public pro

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Courts Service · 2010-02-11 · courts

High Court refuses extradition of mother and grandmother sought by Texas

high court refuses extradition of mother and grandmother sought by texas the found that alleged offences did not correspond to under irish law on facts charged in indictments. [2010] iehc 203 has refused two anonymised women united states stand trial over an breach a child custody order. ruling turn

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Courts Service · 2010-02-10 · courts

High Court refuses leave to challenge negative asylum recommendation

high court refuses leave to challenge negative asylum recommendation the said pending tribunal appeal was an appropriate remedy and found no substantial ground review report before that concluded. [2010] iehc 148 refused x. l. c. seek judicial of a recommendation, ruling refugee appeals for early in

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Courts Service · 2010-02-10 · courts

High Court grants leave to challenge asylum decision over Bhutanese nationality argument

high court grants leave to challenge asylum decision over bhutanese nationality argument the found substantial grounds argue that refugee appeals tribunal may have misunderstood applicant’s primary case. it did not decide whether he was or entitled status. [2010] iehc 142 granted an applicant seek j

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Courts Service · 2010-02-10 · courts

High Court restrains Permanent TSB from dismissing College Green branch manager pending trial

high court restrains permanent tsb from dismissing college green branch manager pending trial [2010] iehc 36 the has restrained its christopher giblin until his challenge to bank's disciplinary process can be determined at trial. miss justice laffoy held that had shown a strong case leading january

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Courts Service · 2010-02-05 · courts

High Court finds real risk of unfair trial in decades-old sexual assault case

high court finds real risk of unfair trial in decades-old sexual assault case the concluded that accused had shown delay created a an trial, but its judgment does not state formal order prohibiting trial. [2010] iehc 23 ireland found man established he could receive fair on ten indecent charges conc

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Courts Service · 2010-02-05 · courts

High Court refuses security for costs bid in Moorview director loan case after lengthy delay

high court refuses security for costs bid in moorview director loan case after lengthy delay [2010] iehc 30 the has refused an application by brian cunningham seeking from developments limited proceedings over alleged director's loans. mr justice clarke accepted that was insolvent and receivership.

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Courts Service · 2010-02-05 · courts

High Court bars Cunningham Group from rearguing matters decided in earlier non-suit

high court bars cunningham group from rearguing matters decided in earlier non-suit the ruled that findings its 2009 judgment bind companies and brian first active’s pending counterclaim guarantee claim. [2010] iehc 34 has cannot reargue an when defending active plc’s a delivered on 5 february 2010,

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Courts Service · 2010-02-05 · courts

Elton Court management company ordered to provide security for solicitors' costs

elton court management company ordered to provide security for solicitors' costs [2010] iehc 60 high the has in sandycove of solicitors it is suing over alleged defects title development's common areas. ronbow ltd manages 37-townhouse development, with entrances from breffni road and castlepark road

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Courts Service · 2010-02-05 · courts

High Court quashes refugee appeal decision over Afghan minor’s fear of Taliban

high court quashes refugee appeal decision over afghan minor’s fear of taliban the found that tribunal’s assessment teenager’s claimed recruitment relied on speculation and failed to account for his age maturity. it did not overturn separate government. [2010] iehc 151 quashed a appeals tribunal ref

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Courts Service · 2010-02-05 · courts

High Court rejects challenge to planning refusal over loss of hospital car park

high court rejects challenge to planning refusal over loss of hospital car park the held that an bord pleanála could consider existing park’s role in area and found no breach fair procedures. [2010] iehc 21 rejected a judicial review pleanála’s permission for development would have replaced used by

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Courts Service · 2010-02-05 · courts

High Court orders Salthill Properties to provide security for costs in two stages

high court orders salthill properties to provide security for costs in two stages the ordered company banks’ costs, with amounts be fixed after further evidence. it refused application against individual co-plaintiff brian cunningham. [2010] iehc 31 court, commercial has limited of royal bank scotla

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Courts Service · 2010-02-05 · courts

High Court refuses to halt dangerous-driving trial over missing tyres

high court refuses to halt dangerous-driving trial over missing tyres the found that loss of two did not establish a real risk accused could receive fair trial, given other evidence and ways defence challenge it. [2010] iehc 22 has refused prohibit anthony leahy on charge dangerous driving causing d

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Courts Service · 2010-02-05 · courts

High Court orders fresh taxation of €685,000 in disputed legal costs

high court orders fresh taxation of €685,000 in disputed legal costs the found serious errors taxing master’s assessment three fees and directed a different master to reassess plaintiff’s costs. [2010] iehc 24 court, commercial has ordered items bill after finding that was seriously flawed. must con

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Courts Service · 2010-02-05 · courts

High Court orders lis pendens against receiver Ray Jackson vacated

high court orders lis pendens against receiver ray jackson vacated the held that a receiver’s ability to arrange company property sale did not give him an interest in land sufficient support him. [2010] iehc 35 ordered registered vacated, finding his role as and agent relevant land. order affect any

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Courts Service · 2010-02-04 · courts

High Court refuses last-minute injunction to stop deportation

high court refuses last-minute injunction to stop deportation justice cooke refused an urgent interim order, finding that the applicant’s challenge decision could proceed without her remaining in ireland. [2010] iehc 87 application prevent of a nigerian woman while she pursued judicial review order.

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Courts Service · 2010-02-04 · courts

High Court refuses A.K. leave to challenge rejection of refugee claim

high court refuses a.k. leave to challenge rejection of refugee claim [2010] iehc 18 court, judicial review the has refused an anonymised asylum applicant permission a appeals tribunal decision rejecting her for status. sought overturn july 2009 which had affirmed earlier recommendation applications

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Courts Service · 2010-02-04 · courts

High Court quashes refusals of Pakistani couple’s asylum appeals

high court quashes refusals of pakistani couple’s asylum appeals the found that factual errors may have affected refugee tribunal’s credibility assessments and ordered both to be reheard. it made no ruling on applicants’ remaining grounds. [2010] iehc 149 has quashed two tribunal decisions refusing

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Courts Service · 2010-02-03 · courts

High Court orders surrender after finding Czech retrial undertaking sufficient

high court orders surrender after finding czech retrial undertaking sufficient the held that evidence from an unavailable witness at respondent’s earlier trial could be used a only with agreement, satisfying statutory requirement for retrial. [2010] iehc 198 has ordered of respondent to republic ass

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Courts Service · 2010-02-03 · courts

High Court to certify appeal question on timing of warrant law amendment

high court to certify appeal question on timing of warrant law amendment the agreed whether a 2009 change removing “fleeing” requirement applied surrender hearings held after its commencement for warrants issued earlier. [2010] iehc 202 point proposed supreme over which version european arrest act a

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Courts Service · 2010-02-03 · courts

High Court says linen company scheme must secure ongoing funding before final approval

high court says linen company scheme must secure ongoing funding before final approval the held that landlord claims arising from repudiated leases could be impaired under examinership scheme, but adjourned its decision for a week while terms were discussed. [2010] iehc 28 against supply of ireland

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Courts Service · 2010-02-03 · courts

High Court refuses to quash decision rejecting Iranian asylum appeal

high court refuses to quash decision rejecting iranian asylum appeal the held that refugee appeals tribunal’s handling of concerns about applicant’s identity card did not require its refusal his be set aside. [2010] iehc 145 has refused an request a tribunal appeal, finding treatment judicial review

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Courts Service · 2010-02-03 · courts

High Court finds substantial grounds to challenge refugee ruling over undisclosed boat-building evidence

high court finds substantial grounds to challenge refugee ruling over undisclosed boat-building evidence the did not quash appeals tribunal’s decision. it granted leave pursue judicial review after finding an arguable natural-justice breach in use of “incorrect” answer about boat wood. [2010] iehc 1

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