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Courts Service · 2010-04-30 · courts

Supreme Court judgment would set aside €10.25m VAT arbitration award over National Aquatic Centre lease

supreme court judgment would set aside €10.25m vat arbitration award over national aquatic centre lease a has concluded that €10.25 million against dublin waterworld limited on its should be because of fundamental legal errors in the arbitration. campus and stadium ireland development developed comp

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Courts Service · 2010-04-30 · courts

Wicklow woman awarded €47,924 after muddy path fall at Trabolgan

wicklow woman awarded €47,924 after muddy path fall at trabolgan [2010] iehc 129 high court a county has been €47,924.25 the found that footpath holiday centre caused her to slip and suffer severe ankle fracture. louise allen, from dunlavin, was staying with family when accident happened on august 2

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Courts Service · 2010-04-30 · courts

High Court makes proceeds-of-crime order over Kildare family home, cash and jewellery

high court makes proceeds-of-crime order over kildare family home, cash and jewellery [2010] iehc 166 the has made a covering county cash, money from sale of car associated with a.w. e.w. mr justice feeney found that six assets identified by criminal bureau were, on balance probabilities, purchased,

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Courts Service · 2010-04-29 · courts

Supreme Court allows appeal over pharmacists’ advance payments

supreme court allows appeal over pharmacists’ advance payments the set aside high judgment, finding that 1996 pharmacy contracts did not incorporate payment terms from a 1971 memorandum. s.c. no. 298 of 2007 allowed minister for health and children’s judgment order in dispute to pharmacists under ge

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Courts Service · 2010-04-29 · courts

High Court orders solicitor to indemnify minors for costs of failed asylum judicial review

high court orders solicitor to indemnify minors for costs of failed asylum judicial review the awarded respondents and ordered applicants’ bear them personally, finding a clear default in his duty court. had already been refused as misconceived unstateable. [2010] iehc 176 two minor applicants respo

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Courts Service · 2010-04-29 · courts

Supreme Court rejects doctor’s competition law appeal against Medical Council

supreme court rejects doctor’s competition law appeal against medical council the held that was not an association of undertakings when it issued advertising rules and dismissed on preliminary issue. has a over whether ethical restricting advertising. mr justice fennelly delivered judgment 29 april

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Courts Service · 2010-04-28 · courts

High Court prohibits prosecution of three indecent-assault complaint groups

high court prohibits prosecution of three indecent-assault complaint groups the found specific prejudice from loss evidence after decades and, for one complainant’s charges, exceptional financial pressure. it prohibited all complaints. [2010] iehc 156 has m.u. on complaints brought by his sisters, f

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Courts Service · 2010-04-28 · courts

Irish High Court rules mother’s move with children to England was not wrongful

irish high court rules mother’s move with children to england was not wrongful the rejected an unmarried father’s applications for guardianship, joint custody and a declaration that children’s removal breached child-abduction rules, finding he had acquired rights under law. [2010] iehc 123 of irelan

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Courts Service · 2010-04-28 · courts

High Court refuses challenge to coroner’s misadventure verdict

high court refuses challenge to coroner’s misadventure verdict the found coroner had reliable medical evidence before him and no procedural irregularity been shown in inquest into paul byrne’s death. [2010] iehc 154 has refused a judicial review application challenging that byrne died by misadventur

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Courts Service · 2010-04-28 · courts

High Court refuses Chinese asylum seeker’s judicial review and late amendment bid

high court refuses chinese asylum seeker’s judicial review and late amendment bid the found no substantial grounds to challenge refugee recommendation or written appeal process, refused permission add a new legal ground after 19-month delay. [2010] iehc 127 has an application for leave negative conc

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Courts Service · 2010-04-28 · courts

High Court refuses late judicial review application by Bangladeshi asylum seeker

high court refuses late judicial review application by bangladeshi asylum seeker the declined to extend statutory time limit, finding no good and sufficient reason for 23-day delay. it dismissed leave seek review. [2010] iehc 126 has refused a of negative refugee recommendation, his application. mot

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Courts Service · 2010-04-28 · courts

High Court refuses late judicial review bid over asylum appeal

high court refuses late judicial review bid over asylum appeal the found no substantial ground in applicant’s challenges to refugee appeals tribunal decision and refused an extension of time, so leave for was not granted. [2010] iehc 124 ivory coast national’s application bring a challenge refusal h

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Courts Service · 2010-04-28 · courts

High Court orders child’s return to Scotland after finding removal breached supervision requirement

high court orders child’s return to scotland after finding removal breached supervision requirement the found that scotland’s children’s hearing had custody rights under an enforceable for child live with her paternal grandmother. it rejected mother’s grave-risk defence but left arrangements a furth

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Courts Service · 2010-04-28 · courts

High Court dismisses late challenge to refusal of residence renewal

high court dismisses late challenge to refusal of residence renewal the refused extend time for judicial review, finding application was not brought promptly and that no good sufficient reason justified delay. [2010] iehc 153 has dismissed a nigerian man’s leave his request retain in ireland after s

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Courts Service · 2010-04-28 · courts

High Court refuses leave to challenge negative asylum appeal decision

high court refuses leave to challenge negative asylum appeal decision the found no basis interfere with refugee appeals tribunal’s credibility assessment, while noting a possible overreading of evidence about applicant’s school. [2010] iehc 125 has refused an eritrean woman seek judicial review trib

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Courts Service · 2010-04-27 · courts

High Court orders staged access between father and child living in Australia

high court orders staged access between father and child living in australia the set terms for three supervised meetings during a 2010 visit, subject to undertakings by applicant, ordered ongoing reports gradual communication. [2010] iehc 120 arrangement an applicant meet his son, h.l., who had relo

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Courts Service · 2010-04-27 · courts

High Court finds GAA club liable after pitch works contributed to flooding of neighbouring home

high court finds gaa club liable after pitch works contributed to flooding of neighbouring home the ruled on liability only, finding nuisance and negligence in raising land construction a berm. damages other remedies remain for later determination. [2010] iehc 157 has found its playing grounds at ho

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Courts Service · 2010-04-27 · courts

High Court refuses leave for claims over involuntary detention

high court refuses leave for claims over involuntary detention the found proposed against hse, minister justice and a gp frivolous vexatious, dismissed application. its ruling was limited to defendants statutory period before it. [2010] iehc 161 has refused m.p. bring civil proceedings health servic

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Courts Service · 2010-04-27 · courts

High Court refuses stay of €6.46m judgment, subject to undertakings

high court refuses stay of €6.46m judgment, subject to undertakings the declined suspend enforcement pending a possible appeal, provided bank and defendant give specified undertakings. [2010] iehc 119 court, commercial refused €6,458,028.74 judgment against niall mcfadden from both sides. must under

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Courts Service · 2010-04-27 · courts

High Court refuses council bid to stop union picketing Ballymun apartments

high court refuses council bid to stop union picketing ballymun apartments the held that statutory protections for industrial action barred an interlocutory injunction, while leaving legality of at site a later hearing. [2010] iehc 288 refused dublin city council’s application injunction ten council

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Courts Service · 2010-04-23 · courts

High Court declines to stop prosecution over common-law breach-of-peace charge

high court declines to stop prosecution over common-law breach-of-peace charge the held it was bound follow a 2007 ruling that offence known irish law. refused relief sought in judicial review; judgment did not determine applicant’s guilt. [2010] iehc 231 has an application on of breach peace contra

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Courts Service · 2010-04-23 · courts

High Court rejects bid to block disclosure of mortgage memoranda to bank

high court rejects bid to block disclosure of mortgage memoranda bank the dismissed a husband’s application prevent an affidavit and conveyancing from being disclosed involved in execution divorce decree. [2010] iehc 545 has internal solicitor about property proceedings enforce mr justice abbott’s j

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Courts Service · 2010-04-23 · courts

High Court refuses bid to stop drug trial over returned Mercedes

high court refuses bid to stop drug trial over returned mercedes kearns p. found the delayed judicial review application had no merit, saying an examination of car could not have produced useful evidence for accused. [2010] iehc 232 has refused patrick irwin’s his criminal trial, ruling that return

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Courts Service · 2010-04-23 · courts

High Court refuses to quash ruling on long-lease service charge dispute

high court refuses to quash ruling on long-lease service charge dispute the held that, under law in force when circuit ruled, a 500-year apartment lease fell within residential tenancies act and courts could not hear dispute. [2010] iehc 476 refused private board’s application overturn that it manag

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Courts Service · 2010-04-23 · courts

High Court quashes refugee appeal decision over unclear findings on past abuse

high court quashes refugee appeal decision over unclear findings on past abuse the ordered a fresh hearing before different tribunal member, saying did not clearly explain whether applicant’s account of harm was accepted. [2010] iehc 171 quashed refusing nigerian woman’s appeal, finding that reasoni

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Courts Service · 2010-04-23 · courts

High Court grants ESB interim access to Roscommon farm for power line works

high court grants esb interim access to roscommon farm for power line works the order lets enter land and erect pending trial, provided work is carried out under a valid planning permission. [2010] iehc 158 has granted electricity supply board (esb) an interlocutory injunction allowing it at grange

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Courts Service · 2010-04-23 · courts

High Court refuses Bestseller bid to repudiate four Irish store leases

high court refuses bestseller bid to repudiate four irish store leases the found proposed exclusions appeared driven by parent-company rent guarantees, and refused application for in navan, dundalk, tralee sligo. [2010] iehc 155 retail ireland limited’s premises sligo, finding a shortcoming company’

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Courts Service · 2010-04-22 · courts

High Court refuses surrender to UK in 1992 murder case

high court refuses surrender to uk in 1992 murder case the found that would disproportionately interfere with respondent’s family life, given case’s exceptional facts and long delays. [2010] iehc 210 refused an application a man united kingdom for prosecution on allegations of conspiracy dating from

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Courts Service · 2010-04-22 · courts

Supreme Court sends €37m bank claim back for full hearing

supreme court sends €37m bank claim back for full hearing the found borrowers had an arguable defence over limited-recourse loan terms and banking hours, remitted case to high without deciding underlying contractual dispute. has allowed appeal by four against summary judgment in favour of danske tra

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Courts Service · 2010-04-21 · courts

High Court rejects Moylist Construction’s bid to regain possession of Ballybunion development

high court rejects moylist construction’s bid to regain possession of ballybunion development the dismissed builder’s application for an interlocutory injunction and struck out its claims against receiver, his firm ulster bank. [2010] iehc 162 construction limited’s over 18-home holiday at greens in

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Courts Service · 2010-04-21 · courts

High Court dismisses compensation appeal over Donegal land registration error

high court dismisses compensation appeal over donegal land registration error the held that claim was made outside six-year period, which began when registered to claimant in 1996, rather than she discovered disputed registration. [2010] iehc 548 has dismissed an by a woman seeking registry affectin

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Courts Service · 2010-04-21 · courts

Supreme Court quashes tribunal’s refusal of costs to Murphy parties

supreme court quashes tribunal’s refusal of costs to murphy parties the held that tribunal had no authority make criminally framed findings obstruction and hindrance led its decision. it allowed appeal quashed 2004 ruling. an by joseph murphy, frank reynolds structural engineers limited over a award

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Courts Service · 2010-04-21 · courts

Supreme Court judge would quash Flood Tribunal’s refusal to award Murphy interests costs

supreme court judge would quash flood tribunal’s refusal to award murphy interests costs in a judgment delivered on 21 april 2010, hardiman j. concluded that the tribunal had no power find obstruction and hindrance for purpose of its decision, procedural failures also justified setting decision asid

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Courts Service · 2010-04-21 · courts

Supreme Court quashes tribunal’s refusal to award costs to planning inquiry appellants

supreme court quashes tribunal’s refusal to award costs planning inquiry appellants the held that tribunal could not rely on its findings of hindering and obstruction or substantive corruption when deciding appellants’ applications. it set aside declared invalid. has allowed an appeal by joseph murp

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Courts Service · 2010-04-20 · courts

Court refuses leave to appeal rape conviction over corroboration warning

court refuses leave to appeal rape conviction over corroboration warning the of criminal held that trial judge was not asked give reasons for declining jury a warning. separate application sentence withdrawn. [2010] iecca 29 refused roger ryan’s his conviction, finding no basis challenge judge’s dec

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Courts Service · 2010-04-20 · courts

High Court holds guarantor remains liable for extended Buy & Sell bridging loan

high court holds guarantor remains liable for extended buy & sell bridging loan the found that written bank confirmations of extensions to naldin’s satisfied guarantee’s written-agreement condition. it directed counsel provide an updated figure judgment. [2010] iehc 116 court, commercial a €6.3 mill

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Courts Service · 2010-04-19 · courts

High Court restricts two directors after finding they failed to address company’s insolvency

high court restricts two directors after finding they failed to address company’s insolvency the found had not shown acted responsibly, citing continued trading into early 2008 and failures around tax returns oversight. it ordered five-year restrictions under company law. [2010] iehc 115 made restri

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Courts Service · 2010-04-16 · courts

High Court rejects bid for damages inquiry over interim asset freeze

high court rejects bid for damages inquiry over interim asset freeze the found 2007 mareva-type order was properly granted and dismissed defendant’s application to enforce plaintiffs’ undertaking as damages. [2010] iehc 533 david tracey’s an into arising from injunction obtained by nine plaintiffs i

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Courts Service · 2010-04-16 · courts

High Court clears Eircom ‘three strikes’ copyright settlement under data protection law

high court clears eircom ‘three strikes’ copyright settlement under data protection law [2010] iehc 108 the has ruled that and four major record companies could lawfully implement a graduated system for dealing with customers detected repeatedly sharing copyright-protected material online. emi recor

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Courts Service · 2010-04-16 · courts

High Court dismisses challenge to refusal of naturalisation certificate

high court dismisses challenge to refusal of naturalisation certificate the held that four undisputed district road-traffic convictions gave minister a sufficient basis find good-character condition unmet. [2010] iehc 109 dismissed nkaima thomas tabi’s judicial review application challenging for jus

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Courts Service · 2010-04-16 · courts

High Court rejects executors’ attempt to settle disputed estate claim without beneficiary’s consent

high court rejects executors’ attempt to settle disputed estate claim without beneficiary’s consent the dismissed application approve a proposed settlement of children’s succession claim, but did not decide whether testator had failed in his moral duty make proper provision. 2010 [iehc] 530 ireland

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Courts Service · 2010-04-16 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found no substantial grounds for judicial review of refugee appeals tribunal’s decision, which had upheld a negative recommendation. [2010] iehc 140 refused seek tribunal that recommendation on an eritrean woman’s claim. proposed did n

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Courts Service · 2010-04-15 · courts

High Court temporarily restrains deportation pending protection challenge

high court temporarily restrains deportation pending protection challenge the injunction preserves applicant’s ability to remain in ireland with her husband while judicial review of a refusal subsidiary is heard. did not decide that she was entitled protection. [2010] iehc 110 has restrained ministe

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Courts Service · 2010-04-12 · courts

High Court adjourns company records application pending proof of applicants’ standing

high court adjourns company records application pending proof of applicants’ standing the judge proposed an order requiring a director to provide accounting records, but said applicants first had show that at least one was member. [2010] iehc 112 has adjourned over dissolved estate agency murray bro

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Courts Service · 2010-04-12 · courts

High Court dismisses winding-up petition against Silverhold

high court dismisses winding-up petition against silverhold the found had not shown a good-faith, substantial dispute over €66,550 in fees, but dismissed because of genuine proposed cross-claim and related proceedings. [2010] iehc 111 to wind up limited, finding that company established €96,800 fees

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