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Courts Service · 2010-03-26 · courts

High Court upholds Galway quarry planning application requirement

high court upholds galway quarry planning application requirement the found city council had complied with statutory process in requiring a owner to apply for permission and submit an environmental impact statement. it noted was receive further nine months from judgment comply. [2010] iehc 97 upheld

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Courts Service · 2010-03-26 · courts

High Court rejects challenge to gender-specific exemption in child sex-offence law

high court rejects challenge to gender-specific exemption in child sex-offence law the held that limited for girls under 17 convicted solely sexual intercourse was constitutionally justified. boy’s criminal trial remained pending. [2010] iehc 101 has rejected a 15-year-old exempts from liability eng

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Courts Service · 2010-03-26 · courts

High Court finds shop owner acquired disputed yard by adverse possession

high court finds shop owner acquired disputed yard by adverse possession on appeal from the circuit court, found that occupiers of 19a bangor drive had used exclusively until 2002. it deferred consequences decision for further submissions. [2010] iehc 103 has brian mahon title to a behind his at dri

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Courts Service · 2010-03-26 · courts

High Court rejects challenge to transfer of drink-driving case between District Court areas

high court rejects challenge to transfer of drink-driving case between district areas the held that a 2008 order lawfully moved another area and dismissed application for judicial review. [2010] iehc 98 review challenging prosecution from one another. mr justice charleton was authorised by law said

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Courts Service · 2010-03-26 · courts

High Court refuses to stop renewed prosecution after District Court dismissal

high court refuses to stop renewed prosecution after district dismissal o’neill j. held that a made when the failed appear was without prejudice under applicable rule. also rejected delay and missing cctv footage as grounds case. [2010] iehc 100 refused an application prevent director of public pros

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Courts Service · 2010-03-26 · courts

High Court refuses certificate for Supreme Court appeal in refugee hearing case

high court refuses certificate for supreme appeal in refugee hearing case the held that proposed legal question about appeals tribunal proceeding without commissioner was not of exceptional public importance. [2010] iehc 136 refused an applicant’s request a would allow to on point law oral hearings

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Courts Service · 2010-03-26 · courts

Supreme Court allows symphysiotomy claim to proceed on narrowed basis

supreme court allows symphysiotomy claim to proceed on narrowed basis the set aside high dismissal, ruling that hospital could defend reformulated despite long delay and death of key doctors. [2010] iesc 20 has dismissal olivia kearney’s over a performed after her baby was delivered by caesarean sec

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Courts Service · 2010-03-26 · courts

High Court refuses late claim in Millstream Recycling scheme proceedings

high court refuses late claim in millstream recycling scheme proceedings the said it had no jurisdiction to extend a deadline set by scheme, while leaving issues for any later sanction hearing open. [2010] iehc 106 refused staunton foods limited’s application submit compensation of arrangement proce

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Courts Service · 2010-03-26 · courts

High Court orders discovery of Medical Council hearing transcript in birth injury case

high court orders discovery of medical council hearing transcript in birth injury case the allowed an appeal from a refusal discovery, ruling that could be used only negligence action. [2010] iehc 169 has ordered fitness-to-practise child’s case, allowing master court’s to order its production. chil

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Courts Service · 2010-03-26 · courts

High Court dismisses claim over nightclub removal after finding force was reasonable

high court dismisses claim over nightclub removal after finding force was reasonable the found that a patron’s resistance and intervention of his family led to fall in which he injured. it also concluded deliberately overstated parts injuries claim. [2010] iehc 214 dismissed student’s against operat

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Courts Service · 2010-03-26 · courts

High Court refuses challenge to Wicklow Circuit Court bail remand

high court refuses challenge to wicklow circuit bail remand the held that an accused’s original obligations revived after a corrected return for trial restored court’s jurisdiction. it also found had power him on same terms. [2010] iehc 99 has refused alan brady’s application quash order remanding b

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Courts Service · 2010-03-26 · courts

High Court refuses defendants’ bid to have cancer treatment claim ruled time-barred

high court refuses defendants’ bid to have cancer treatment claim ruled time-barred the found was not statute-barred at this preliminary stage, allowing personal injuries proceedings continue. [2010] iehc 102 has refused an application by two defendants actor and comedian’s medical negligence out as

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Courts Service · 2010-03-26 · courts

Criminal Appeal Court rejects leave application over child sex offence conviction

criminal appeal court rejects leave application over child sex offence conviction the said trial judge correctly applied statutory honest-belief defence burden, but left open whether law required a higher standard of proof. has rejected seán egan’s for to his engaging in sexual act with under 17, fi

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Courts Service · 2010-03-25 · courts

High Court rejects soldier’s challenge over force majeure leave dispute

high court rejects soldier’s challenge over force majeure leave dispute the held that soldier had no standing to seek judicial review because his already been approved and remained when he applied a rights commissioner. [2010] iehc 180 has rejected commissioner’s decision she jurisdiction hear compl

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Courts Service · 2010-03-25 · courts

High Court refuses garda association’s challenge to pension levy decision

high court refuses garda association’s challenge to pension levy decision the held that minister had considered representative exemption submission and gave adequate reasons for refusing it. [2010] iehc 78 has refused a judicial review application by association challenging finance’s refusal exempt

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Courts Service · 2010-03-25 · courts

High Court orders title correction for five Brandon Terrace properties

high court orders title correction for five brandon terrace properties the vested any unexpired leasehold interest not already held by relevant companies, while limiting its order to shown on a 2007 site map. [2010] iehc 113 has ordered at terrace, dublin 8, vesting part of term two companies in tho

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Courts Service · 2010-03-25 · courts

Supreme Court sets aside award in Galway Eyre Square contract dispute

supreme court sets aside award in galway eyre square contract dispute the found that an arbitrator’s handling of proposed expert evidence denied a fair hearing and ordered his removal. it also identified fundamental legal errors award. ireland has set arbitration arising from city council’s redevelo

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Courts Service · 2010-03-25 · courts

High Court refuses challenge to transfer order for asylum seeker

high court refuses challenge to transfer order for asylum seeker the held that minister had a rational basis find applicant not shown serious illness purposes of dublin ii regulation’s humanitarian clause. [2010] iehc 81 dismissed jeanette fampumu’s judicial review decision concerning her belgium, f

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Courts Service · 2010-03-25 · courts

Supreme Court sets aside order to surrender appellant to Poland

supreme court sets aside order to surrender appellant poland the found there was not enough information before high conclude that had fled within meaning of section 10 european arrest warrant act 2003. allowed an appeal against directing appellant’s poland, finding wholly inadequate establish he “fl

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Courts Service · 2010-03-24 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found no substantial ground argue that refugee appeals tribunal had unlawfully assessed country information about trafficking, state protection and hiv-related discrimination in nigeria. [2010] iehc 135 has refused an applicant a uphel

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Courts Service · 2010-03-23 · courts

High Court refers hotel music copyright questions to EU court

high court refers hotel music copyright questions to eu an interim decision asks the of justice clarify whether hotels must pay phonogram producers when is made available in guest bedrooms. [2010] iehc 79 has referred five european union about irish equitable remuneration for sound recordings delive

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Courts Service · 2010-03-23 · courts

High Court refuses challenge to breath-test conviction

high court refuses challenge to breath-test conviction the found no unfairness in district judge’s brief rulings and refused quash sentence. [2010] iehc 96 john sisk’s application his sentence for failing provide two breath specimens, finding that terse did not cause or injustice this case. judgment

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Courts Service · 2010-03-22 · courts

High Court refuses request to hear Criminal Assets Bureau case in private

high court refuses request to hear criminal assets bureau case in private the ruled that respondents had not shown a real risk of injustice from holding proceeds crime application public. it did decide whether property at issue represented crime. [2010] iehc 121 has refused by mac aviation limited a

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Courts Service · 2010-03-22 · courts

High Court restores dissolved company without requiring outstanding returns

high court restores dissolved company without requiring outstanding returns the found that missing records made it unfeasible to file and ordered zota manufacturing limited restored so insurance proceeds could be distributed. [2010] iehc 114 companies register despite ten years of annual returns, fi

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Courts Service · 2010-03-22 · courts

High Court declines court winding-up order, adjourns petition over liquidation concerns

high court declines winding-up order, adjourns petition over liquidation concerns the said creditor’s about a 2009 business transaction required rigorous investigation, but directed that they be addressed within existing voluntary process. [2010] iehc 163 declined to order compulsory winding up of l

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Courts Service · 2010-03-19 · courts

High Court refuses parents’ bid to quash coroner’s verdict on son’s death

high court refuses parents’ bid to quash coroner’s verdict on son’s death the extended time for judicial review but found no basis set aside 2007 or order another inquest. [2010] iehc 74 of ireland has refused a brought by bernard and viola bingham seeking dublin city their son, mirek, obtain bringi

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Courts Service · 2010-03-19 · courts

High Court rejects radiographer’s challenge to HSE retirement at 65

high court rejects radiographer’s challenge to hse retirement at 65 the found age was an implied term of her employment and refused judicial review relief, while rejecting hse’s argument that she had delayed unreasonably. [2010] iehc 75 has a health service executive’s decision end when reached 65,

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Courts Service · 2010-03-19 · courts

High Court refuses leave to challenge asylum appeal decisions

high court refuses leave to challenge asylum appeal decisions the found no substantial grounds review refugee appeals tribunal’s and refused extend time limit for proceedings. [2010] iehc 134 a married couple from democratic republic of congo (drc) rejecting their appeals. it also bringing proceedin

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Courts Service · 2010-03-19 · courts

High Court orders correction of mortgage charge date in company records

high court orders correction of mortgage charge date in company records the directed registrar companies to replace 3 july 2001 with 22 june registered particulars and certificate registration for a involving investment options solutions limited. [2010] iehc 107 has ordered recorded limited, after f

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Courts Service · 2010-03-19 · courts

High Court refuses challenge over access to breathalyser maintenance records

high court refuses challenge over access to breathalyser maintenance records the held that judicial review was premature and applicant had not shown how would support a particular defence. he could renew disclosure application at trial if established relevance. [2010] iehc 65 has refused an for by j

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Courts Service · 2010-03-19 · courts

High Court says South Dublin County Council unlawfully evicted man under anti-social behaviour law

high court says south dublin county council unlawfully evicted man under anti-social behaviour law the declared council’s use of section 20 invalid, but refused to restore home or order alternative accommodation because he was not entitled succeed tenancy. [2010] iehc 67 that acted when it used hous

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Courts Service · 2010-03-19 · courts

High Court refuses surrender on defective Polish arrest warrant

high court refuses surrender on defective polish arrest warrant justice michael peart ruled that incorrect domestic-warrant details in the endorsed european undermined its validity. a later corrected did not cure defect used for respondent’s arrest. [2010] iehc 200 refused an application to jaroslaw

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Courts Service · 2010-03-19 · courts

Supreme Court affirms surrender order over UK hospital detention order

supreme court affirms surrender order over uk hospital detention the held that imposed after criminal convictions fell within european arrest warrant act’s provision and affirmed high court’s order. of ireland has a for michael murphy’s to united kingdom under warrant, holding his was irish law. app

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Courts Service · 2010-03-19 · courts

High Court finds Penneys worker could not add cleaning company to injury case without PIAB approval

high court finds penneys worker could not add cleaning company to injury case without piab approval [2010] iehc 66 the has ruled that a employee who alleged she was injured in fall at company’s mary street store contractor her personal injuries first obtaining authorisation from assessment board. li

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Courts Service · 2010-03-19 · courts

High Court rejects challenge to refusal of Sandyford development

high court rejects challenge to refusal of sandyford development the found an bord pleanála was entitled treat proposed scheme as premature amid unresolved infrastructure constraints and refused all relief sought. [2010] iehc 68 has a judicial review by wexele pleanála’s planning permission for mixe

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Courts Service · 2010-03-19 · courts

High Court dismisses appeal after prosecution failed to serve case stated personally

high court dismisses appeal after prosecution failed to serve case stated personally the ruled it had no jurisdiction hear prosecution’s because attempt was made respondent personally, as required by statute. [2010] iehc 64 dismissed a and affirmed district acquittal finding that not been served on

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Courts Service · 2010-03-18 · courts

High Court refuses Nigerian family leave to challenge deportation orders

high court refuses nigerian family leave to challenge deportation orders the found had not shown substantial grounds minister’s 2006 decision. it did decide any later circumstances that were before minister. [2010] iehc 92 of ireland refused a mother and her four children made in 2006, finding they

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Courts Service · 2010-03-18 · courts

Supreme Court orders surrender on all four Polish offences

supreme court orders surrender on all four polish offences the dismissed dariusz sas’s appeal and allowed minister’s cross-appeal, finding sufficient correspondence with irish for each offence in european arrest warrant. has ordered of sas respect listed a warrant issued by judicial authority. judgm

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Courts Service · 2010-03-18 · courts

Supreme Court grants UK agency priority for employee payments in Bell liquidation

supreme court grants uk agency priority for employee payments in bell liquidation the allowed liquidator’s appeal, ruling that could claim preferential status under section 285(6) it made to former group employees. has an appeal of companies, united kingdom which paid certain debts can those compani

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Courts Service · 2010-03-16 · courts

High Court refuses leave to challenge deportation orders for two children

high court refuses leave to challenge deportation orders for two children the also refused an extension of time, finding applicants had not shown substantial grounds quash minister’s decisions. [2010] iehc 83 {'name': 'high court', 'jurisdiction': 'ireland'} has time and a mother her three concernin

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Courts Service · 2010-03-16 · courts

Supreme Court declines to stop prosecution over 2001 Letterkenny assault charge

supreme court declines to stop prosecution over 2001 letterkenny assault charge the rejected appellant’s request prohibit his trial, while stressing that trial judge retains full jurisdiction ensure a fair trial. has declined intervene in director of public prosecutions’ decision pursue an arising f

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Courts Service · 2010-03-16 · courts

High Court enforces oral 50-50 share agreement in Wexford property company

high court enforces oral 50-50 share agreement in wexford property company [2010] iehc 73 the has upheld denis o’reilly’s claim that he and francis goff entered a binding to become equal shareholders development company. barnaculla developments ltd had six was involved including silverdale at kilmuc

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Courts Service · 2010-03-16 · courts

High Court refuses leave to challenge rejection of Angolan asylum appeal

high court refuses leave to challenge rejection of angolan asylum appeal the found no substantial ground permit judicial review a refugee appeals tribunal decision that rejected an applicant’s account on credibility grounds. [2010] iehc 139 refused applicant seek had upheld negative recommendation.

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Courts Service · 2010-03-16 · courts

Supreme Court dismisses appeal to halt assault prosecution

supreme court dismisses appeal to halt assault prosecution the found appellant had not shown exceptional stress caused by reversal of a no-prosecution decision or meaningful prejudice from delay. dismissed john carlin’s against high refusing his for causing harm. it affirmed order, finding that he e

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Courts Service · 2010-03-16 · courts

High Court awards applicants half their costs in residence card judicial review

high court awards applicants half their costs in residence card judicial review the had been issued before hearing, leaving as only issue. found original refusal justified, but said reason to bring proceedings over expiry of temporary permission remain. [2010] iehc 84 awarded two 50% a family member

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Courts Service · 2010-03-16 · courts

High Court refuses leave to challenge asylum recommendations for twins

high court refuses leave to challenge asylum recommendations for twins the found applicants had not shown substantial grounds quash or that a paper-based appeal would be inadequate. [2010] iehc 146 refused two infant seek judicial review of negative refugee-status made by refugee applications commis

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Courts Service · 2010-03-12 · courts

Acquitted waste operators awarded costs after competition-law trial

acquitted waste operators awarded costs after competition-law trial the central criminal court granted all eight applicants of defending charges linked to a mayo county council collection tender, finding no substantial reason depart from their acquittals. [2010] iehc 122 and individuals were defence

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Courts Service · 2010-03-12 · courts

High Court sets appropriation valuation date in estate dispute

high court sets appropriation valuation date in estate dispute the held that value of assets appropriated toward a widow’s legal right share should be assessed on appropriation, while approving an agreed group parcels principle. [2010] iehc 70 ruled property from westmeath farmer’s his valued not de

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Courts Service · 2010-03-12 · courts

High Court finds delay in residence-card review, dismisses other claims

high court finds delay in residence-card review, dismisses other claims the said minister failed to decide a review within reasonable time. had since ended refusal, so granted no order requiring decision or temporary residence. [2010] iehc 85 found that for justice issue time on of cameroonian man’s

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Courts Service · 2010-03-11 · courts

Kerry County Council’s quarry conditions quashed after operator received less than six weeks to respond

kerry county council’s quarry conditions quashed after operator received less than six weeks to respond the high court imposed on a pre-1964 quarry, but declined remit matter because statutory two-year period had expired. [2010] iehc 69 decision impose 34 kells products limited’s at knockaneyouloo,

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Courts Service · 2010-03-11 · courts

High Court grants leave for claim over alleged unlawful detention

high court grants leave for claim over alleged unlawful detention the allowed intended proceedings against a hospital clinical director to proceed, finding an arguable basis negligence claim. it did not decide whether duty was breached or award damages. [2010] iehc 62 has granted a. l. bring damages

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Courts Service · 2010-03-09 · courts

High Court allows Millstream dioxin contamination case to proceed and orders limited Garda discovery

high court allows millstream dioxin contamination case to proceed and orders limited garda discovery [2010] iehc 55 court, commercial the has allowed litigation over 2008 of irish pig feed proceed, rejecting an attempt remove gerard tierney from refusing applications for security costs against recyc

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Courts Service · 2010-03-09 · courts

Supreme Court allows John Rooney appeal and sends agriculture compensation case back to High Court

supreme court allows john rooney appeal and sends agriculture compensation case back to high the has allowed return in his long-running proceedings concerning arrangements under animal disease eradication schemes. mr justice finnegan held that an earlier order restricting further steps litigation sh

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Courts Service · 2010-03-09 · courts

Mennolly Homes ordered to pay Revenue’s full costs in judicial review

mennolly homes ordered to pay revenue’s full costs in judicial review the high court awarded revenue commissioners their costs, including reserved after dismissing company’s arguments an earlier judgment. [2010] iehc 56 limited has been commissioners’ of its review, any rejected a supplemental judgm

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Courts Service · 2010-03-09 · courts

High Court dismisses challenge to wild bird hunting licence over lack of standing

high court dismisses challenge to wild bird hunting licence over lack of standing the dismissed all aspects a judicial review 2007 for dog training and field trials, finding applicants lacked sufficient standing. it did not quash expired or decide remaining procedural issues. [2010] iehc 61 allowing

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Courts Service · 2010-03-09 · courts

Supreme Court dismisses appeals over Richardson costs indemnity and solicitors’ negligence

supreme court dismisses appeals over richardson costs indemnity and solicitors’ negligence the upheld high findings that gerard madden had agreed to cover richardsons’ litigation their solicitors were liable for same losses. has dismissed by a firm of against judgments arising from failed judicial r

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Courts Service · 2010-03-05 · courts

High Court refuses rescue schemes for two Waterford bar companies

high court refuses rescue schemes for two waterford bar companies the declined to confirm eylewood and woodman after finding that investor’s funding commitment remained conditional on limiting guarantors’ rights. [2010] iehc 57 refused limited inns ruling a proposed was not binding terms required. a

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Courts Service · 2010-03-05 · courts

High Court refuses challenge to road-testing disclosure rulings

high court refuses challenge to road-testing disclosure rulings two applicants sought halt prosecutions and overturn district refusals of further about delayed drug-test analysis. the refused all relief, finding medical bureau road safety was not a party that defence witnesses could be called. [2010

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Courts Service · 2010-03-05 · courts

High Court refuses interest claim on Hepatitis C compensation awards

high court refuses interest claim on hepatitis c compensation awards [2010] iehc 59 the has refused claims for two substantial and hiv tribunal made to widow daughter of a deceased haemophiliac. man, identified as n.c., contracted from blood products administered in ireland. he was diagnosed with ar

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Courts Service · 2010-03-05 · courts

High Court gives garage tenants liberty to defend €1.17m claim

high court gives garage tenants liberty to defend €1.17m claim the defendants raised arguable issues over rent calculations and additional building costs, so declined grant summary judgment said it would hear counsel on mediation directions. [2010] iehc 54 has in a by helsingor limited seeking €1,17

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Courts Service · 2010-03-05 · courts

High Court refuses couple’s bid to challenge deportation order

high court refuses couple’s bid to challenge deportation order the refused leave for judicial review and rejected a request add late grounds concerning refoulement. it said couple had not shown substantial on their constitutional family-rights arguments. [2010] iehc 80 williams ugbo ann buckley agai

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Courts Service · 2010-03-04 · courts

High Court rules Corrib pipeline challenges are not time-barred

high court rules corrib pipeline challenges are not time-barred the held that order 84’s judicial review time limit did apply by analogy to defendants’ challenges, raised in response shell e & p ireland’s private law case. it proposed an allowing them pursue pleaded claims. [2010] iehc 363 has ruled

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Courts Service · 2010-03-04 · courts

Supreme Court overturns approval of three Fleming Group rescue schemes

supreme court overturns approval of three fleming group rescue schemes the allowed acc bank’s appeal, ruling that proposed a decade-long holding plan rather than reasonable prospect companies surviving as going concerns. ireland appeal against high examinership for tivway limited, john j. constructi

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Courts Service · 2010-03-04 · courts

Appeal court refuses leave in solicitor-access challenge

appeal court refuses leave in solicitor-access challenge the of criminal found no denial applicant’s constitutional right to reasonable access legal advice during garda custody. refused raymond gormley appeal, finding that gardaí had not denied his a solicitor while he was applicant argued police sh

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Courts Service · 2010-03-04 · courts

High Court orders completion of €960,000 Usher’s Quay property agreement

high court orders completion of €960,000 usher’s quay property agreement [2010] iehc 167 the has ordered p. elliott and company ltd to complete a with patrick o’connor concerning his family premises at 1a 2 in dublin 8. sought specific performance, order requiring agreed transaction be carried out.

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Courts Service · 2010-03-03 · courts

High Court refuses challenge to Georgian woman’s asylum appeal decision

high court refuses challenge to georgian woman’s asylum appeal decision the found no error in refugee appeals tribunal’s reliance on country information about state protection georgia or its credibility assessment. [2010] iehc 147 has refused a application for judicial review of tribunal rejecting h

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Courts Service · 2010-03-02 · courts

High Court refuses leave to challenge New Ross Bypass approval

high court refuses leave to challenge new ross bypass approval the found that road’s environmental assessment addressed concerns raised about a protected site and no reasonable scientific doubt remained. [2010] iehc 53 has refused peter sweetman seek judicial review of an bord pleanála’s for bypass,

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Courts Service · 2010-03-02 · courts

Attorney General ordered to pay High Court costs in frozen embryo case

attorney general ordered to pay high court costs in frozen embryo case supreme the has been legal of both parties a concerning three embryos created during fertility treatment received by married couple. mary roche and her husband, thomas roche, underwent 2001. six viable were created. implanted sub

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Courts Service · 2010-03-02 · courts

High Court rejects challenge to asylum appeal heard without presenting officer

high court rejects challenge to asylum appeal heard without presenting officer the ruled that refugee appeals tribunal could proceed in commissioner’s representative’s absence, provided commissioner had notice and did not seek an adjournment. [2010] iehc 137 has refused applicant’s request quash a d

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Courts Service · 2010-03-01 · courts

High Court dismisses three €50,000 bankruptcy summonses over disputed consent judgments

high court dismisses three €50,000 bankruptcy summonses over disputed consent judgments [2010] iehc 63 (bankruptcy) the has dismissed separate seeking each from an anonymised applicant after finding that on which demands were based open to arguable challenge. proceedings arose a property development

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