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Courts Service · 2010-05-25 · courts

High Court rejects Stephen O’Sullivan challenge to restricted appeal in European arrest warrant case

high court rejects stephen o’sullivan challenge to restricted appeal in european arrest warrant case [2010] iehc 301 the has rejected a constitutional brought by after he was ordered be surrendered england under warrant. had been tried before jury luton between january and march 2009. failed appear

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Courts Service · 2010-05-20 · courts

High Court declines to cancel midwife’s professional conduct decision

high court declines to cancel midwife’s professional conduct decision the upheld nursing board’s advise irene brennan about her and require approved courses, after rejecting legal challenges inquiry its findings. [2010] iehc 193 has declined a board concerning midwife brennan, leaving in place requi

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Courts Service · 2010-05-20 · courts

High Court rejects negligence claim over pituitary tumour treatment

high court rejects negligence claim over pituitary tumour treatment the found that an endocrinologist did not breach his duty of care in prescribing sandostatin lar and patient’s consent was informed. [2010] iehc 191 has rejected a brought by woman with lar, finding her she gave informed consent. ju

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Courts Service · 2010-05-20 · courts

High Court rejects GP’s challenge to Strokestown appointment process

high court rejects gp’s challenge to strokestown appointment process the found hse had not breached eu rules or acted discriminatorily in awarding post another candidate. it also declined refer questions european of justice. [2010] iehc 485 rejected a general practitioner’s health service executive’

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Courts Service · 2010-05-20 · courts

High Court rejects both sides in €2.365m Donnybrook mews sale dispute

high court rejects both sides in €2.365m donnybrook mews sale dispute [2010] iehc 192 the has dismissed sides' claims a over €2.365 million of newly built at 13a morehampton road donnybrook. builder colum mackin sought an order specific performance, which would have compelled property developer gera

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Courts Service · 2010-05-20 · courts

High Court quashes fishing vessel sailing bans over lack of legal power

high court quashes fishing vessel sailing bans over lack of legal power the ruled that irish authorities could not prohibit two vessels from or detain them in spain manning breaches, but upheld challenged english language standard. [2010] iehc 190 quashed prohibitions had prevented registered la cor

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Courts Service · 2010-05-20 · courts

High Court rejects Jonathon Caffrey bid for release after 12-year UK murder tariff expired

high court rejects jonathon caffrey bid for release after 12-year uk murder tariff expired [2010] iehc 213 the has rejected caffrey’s immediate from custody finding that expiry of a minimum term attached to his english sentence did not bring imprisonment an end. was sentenced mandatory life in engla

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Courts Service · 2010-05-20 · courts

High Court awards Caseys €40,000 over road dispute near Delgany

high court awards caseys €40,000 over road dispute near delgany the found developers responsible for road’s mis-siting and ordered conveyance of site as occupied it, subject to further conveyancing steps. [2010] iehc 230 awarded anthony teresa casey after finding that a development delgany, county w

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Courts Service · 2010-05-20 · courts

High Court awards €335,963 over damage to Galway farm from bogslide

high court awards €335,963 over damage to galway farm from bogslide the accepted restoration costs as measure of damages in an exceptional case, then deducted €100,000 for estimated increase farm’s value after restoration. [2010] iehc 265 awarded mary curley her at glanmore, derrybrien, county galwa

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Courts Service · 2010-05-20 · courts

High Court quashes open verdict over death during surgery in Bogotá

high court quashes open verdict over death during surgery in bogotá the ruled that dublin coroner should have adjourned inquest to allow time seek and assess hospital records, directed a further be held. [2010] iehc 168 has quashed coroner’s refusal adjourn an into of pierre christian lawlor cosmeti

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Courts Service · 2010-05-20 · courts

High Court refuses separate early hearing on oyster fishery settlement dispute

high court refuses separate early hearing on oyster fishery settlement dispute the dismissed cork county council’s and state parties’ applications to decide in advance whether an alleged breach of a 1996 allowed plaintiffs revive earlier claims. [2010] iehc 294 by council parties have over decided b

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Courts Service · 2010-05-20 · courts

Supreme Court dismisses appeal over child’s return to Latvia

supreme court dismisses appeal over child’s return to latvia the upheld high court’s hague convention order, while stressing that custody and access must be decided by latvian courts. of ireland dismissed a mother’s affirmed an order for her daughter, identified in judgment as s.b., returned latvia.

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Courts Service · 2010-05-20 · courts

High Court refuses State bid to dismiss Garda bullying claim over delay

high court refuses state bid to dismiss garda bullying claim over delay the found in pursuing case was inordinate and inexcusable, but said defendants had not shown that a fair trial could no longer be held. [2010] iehc 194 has refused an application by former garda’s for want of prosecution, despit

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Courts Service · 2010-05-20 · courts

High Court dismisses negligence claim over kidney treatment and bladder surgery

high court dismisses negligence claim over kidney treatment and bladder surgery the found a negligent error in scan but concluded it caused no proven loss. also rejected claims about consent surgeon’s management of patient, dismissed action. [2010] iehc 211 has patient’s against health service execu

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Courts Service · 2010-05-20 · courts

High Court rejects MDU’s jurisdiction challenge in doctors’ indemnity dispute

high court rejects mdu’s jurisdiction challenge in doctors’ indemnity dispute the ruled that irish proceedings principally concerned claims based on their relationship with mdu, rather than validity of organisation’s constitution or board decisions. [2010] iehc 283 ireland has rejected a motion by m

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Courts Service · 2010-05-20 · courts

High Court allows HSE to continue abuse allegation investigation subject to fair procedures

high court allows hse to continue abuse allegation investigation subject fair procedures the quashed two conclusions about a teacher but refused bar fresh investigation, setting out safeguards process must meet. [2010] iehc 189 has ruled that health service executive may investigating allegations se

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Courts Service · 2010-05-20 · courts

Supreme Court refuses request to hear five-year-old in child abduction appeal

supreme court refuses request to hear five-year-old in child abduction appeal the upheld high court’s decision that hearing was inappropriate circumstances, and refused mother’s her daughter on appeal. an application by a mother have heard concerning child’s return latvia. it affirmed child, based e

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Courts Service · 2010-05-19 · courts

Supreme Court says Irish courts need not review validity of English arrest warrant under English law

supreme court says irish courts need not review validity of english arrest warrant under law chief justice murray agreed with the proposed order and added that warrant’s face its issuance by an meant high did to examine evidence law. said enforcing a european generally should whether issuing validly

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Courts Service · 2010-05-19 · courts

High Court orders completion of disputed Louth site sale

high court orders completion of disputed louth site sale the ordered specific performance a 2002 contract, with purchaser to pay remaining €7,748.69 by 18 june 2010. it refused damages and reserved costs. [2010] iehc 293 alex martin complete at reaghstown, ardee, county gerald mckenny, after finding

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Courts Service · 2010-05-19 · courts

High Court rules retractable pub awning counted as a roof under smoking ban

high court rules retractable pub awning counted as a roof under smoking ban the answered case stated on law, but left it to district judge decide whether prosecution proved charge. [2010] iehc 165 canvas over area at grace’s public house in naas ireland’s ban, ruled may 2010. decision legal question

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Courts Service · 2010-05-19 · courts

Supreme Court dismisses appeal against surrender to UK

supreme court dismisses appeal against surrender to uk the upheld high court’s order under european arrest warrant act, finding that earlier warrant’s time-limit history did not prevent a fresh from being executed. dismissed michéal ó fallúin’s and affirmed directing his united kingdom act 2003. app

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Courts Service · 2010-05-19 · courts

High Court refuses surrender of Czech refugee under European arrest warrant

high court refuses surrender of czech refugee under european arrest warrant the held that respondent’s extant status made prohibited section 37 act. it refused order and discharged him; other objections were left undecided. [2010] iehc 209 to a man republic warrant, holding his continuing return cou

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Courts Service · 2010-05-19 · courts

High Court declines to dismiss long-running band management dispute

high court declines to dismiss long-running band management dispute justice dunne found the plaintiffs’ delay inexcusable but ruled that defendants’ own conduct in discovery and their acquiescence weighed against striking out case at stage. [2010] iehc 185 declined a over of lir, despite finding pur

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Courts Service · 2010-05-19 · courts

Supreme Court overturns revocation of Danone’s ESSENSIS yogurt trademark

supreme court overturns revocation of danone’s essensis yogurt trademark the held that use for a culture within could count as genuine mark yogurt, and refused glanbia’s application. has overturned high order revoking finding applied an unduly restrictive test use. judgment, delivered by macken j. o

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Courts Service · 2010-05-19 · courts

High Court says Castlebar judge may convict two applicants in violent disorder case

high court says castlebar judge may convict two applicants in violent disorder case the stated addressed whether people could be convicted when a third accused’s charge had been withdrawn because his summons was defective. said either or both if district satisfied they and minor participated disorde

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Courts Service · 2010-05-19 · courts

High Court refuses leave to challenge third naturalisation refusal

high court refuses leave to challenge third naturalisation refusal the ex parte judicial review application argued that minister had refused a without giving reasons. held no arguable case of unlawfulness been shown. [2010] iehc 187 has an iraqi applicant seek for justice’s decision refuse his irish

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Courts Service · 2010-05-18 · courts

High Court sets aside asylum appeal decision for reconsideration of minority-clan risk

high court sets aside asylum appeal decision for reconsideration of minority-clan risk the found it was more likely than not that refugee appeals tribunal had considered whether somalia’s civil conflict would affect applicant differently because he ashraf. gave no view on outcome assessment. [2010]

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Courts Service · 2010-05-18 · courts

High Court refuses bid to stop trial over unretained blood sample

high court refuses bid to stop trial over unretained blood sample the dismissed a judicial review application as late, finding that disputed issue could be argued in district court. [2010] iehc 183 has refused an prohibit criminal was not retained, ruling challenge brought too late and evidence addr

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Courts Service · 2010-05-18 · courts

High Court quashes petrol station redevelopment permission over invalid 1998 planning grant

high court quashes petrol station redevelopment permission over invalid 1998 planning grant the ruled that a withdrawn application could not support later permission, and quashed an bord pleanála’s 2009 for at tullynagrow. [2010] iehc 395 has of tullynagrow, county monaghan, ruling board relied on p

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Courts Service · 2010-05-18 · courts

Irish appeal court orders retrial after correcting jury direction in cannabis case

irish appeal court orders retrial after correcting jury direction in cannabis case the of criminal held that should have been told accused only needed to raise a reasonable doubt under statutory defence. it allowed both appeals and ordered retrial. 2009 no. 25; 26 by kieran smyth senior junior retri

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Courts Service · 2010-05-17 · courts

High Court declines to order habeas corpus inquiry over prisoner's detention challenge

high court declines to order habeas corpus inquiry over prisoner's detention challenge the judge said papers did not show unlawful or a fundamental failure of due process, and described application as incomplete. he an appeal was proper remedy for complaints raised. [2010] iehc 528 declined make on

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Courts Service · 2010-05-17 · courts

Court dismisses leave application in murder conviction appeal

court dismisses leave application in murder conviction appeal the of criminal rejected all grounds advanced by alex freiberg, upholding trial judge’s handling investigation evidence, identification issue and an uninvited hearsay remark. has dismissed freiberg’s for to his kieran cambridge clonmel se

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Courts Service · 2010-05-14 · courts

Supreme Court allows Revenue property enforcement appeal to proceed despite settlement

supreme court allows revenue property enforcement appeal to proceed despite settlement the has allowed continue an over of judgment mortgages against co-owned registered property, a which had ended live dispute between original parties. case arose from proceedings brought by collector-general liam i

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Courts Service · 2010-05-14 · courts

High Court orders surrender to Slovakia in alleged credit fraud case

high court orders surrender to slovakia in alleged credit fraud case the found additional information supported correspondence with an irish deception offence and did not prove a risk that would breach specialty rule. [2010] iehc 208 has ordered jaroslav mika’s for prosecution over involving buildin

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Courts Service · 2010-05-14 · courts

Supreme Court rejects challenge to mandatory life sentences for murder

supreme court rejects challenge to mandatory life sentences for murder the dismissed appeals by paul lynch and peter whelan, ruling that imprisonment under criminal justice act 1990 was compatible with constitution european convention on human rights. has whelan challenging sentence murder, upholdin

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Courts Service · 2010-05-14 · courts

High Court refuses Galway man’s bid for Irish-speaking jury in assault trial

high court refuses galway man’s bid for irish-speaking jury in assault trial [2010] iehc 179 the has refused a application bilingual selected specifically its ability to understand evidence both irish and english without an interpreter. peadar ó maicín, also charged under name macken, was facing cir

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Courts Service · 2010-05-13 · courts

High Court limits Polish surrender order to five offences

high court limits polish surrender order to five offences the ordered on of seven in a european arrest warrant, finding no corresponding irish offence for one allegation and that respondent was not named another. [2010] iehc 207 man poland refusing remaining two. judgment delivered 13 may 2010, mr j

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Courts Service · 2010-05-13 · courts

Supreme Court appeal over Polish surrender was not properly before it, judge rules

supreme court appeal over polish surrender was not properly before it, judge rules the preliminary issue concerned whether a 2009 amendment requiring high certification applied to an filed after order. held that it did, and found required certificate had been sought. rafal adach’s against order for

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Courts Service · 2010-05-13 · courts

High Court rejects Killarney jarveys’ challenge to dung-catcher permit condition

high court rejects killarney jarveys’ challenge to dung-catcher permit condition the held that requiring dung-catching devices on jaunting cars using specified national park routes was within statutory management powers, and dismissed judicial review. [2010] iehc 376 has a review brought by 27 jaunt

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Courts Service · 2010-05-13 · courts

Supreme Court upholds five-year director restriction after appeal

supreme court upholds five-year director restriction after appeal the dismissed jack kachkar and robert mcclellan carrigan’s appeal, agreeing that they had not acted responsibly over transfers from irish companies security granted while were in financial difficulty. has an by carrigan against a on a

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Courts Service · 2010-05-13 · courts

High Court refuses challenge by two security guards over unfair dismissal claims

high court refuses challenge by two security guards over unfair dismissal claims the held that one-year service requirement applied to their alleging for health and safety penalisation. it refused judicial review relief. [2010] iehc 178 joined applications former who challenged an employment appeals

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Courts Service · 2010-05-13 · courts

High Court dismisses prisoner’s judicial review bid over solicitor’s file

high court dismisses prisoner’s judicial review bid over solicitor’s file the said dispute with his assigned solicitor was a private matter and found no basis for review. [2010] iehc 174 dismissed john ryan’s application seeking return of original trial from to him under legal aid scheme. ryan, who

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Courts Service · 2010-05-13 · courts

District Court bars care placement move without its direction

district court bars care placement move without its direction a judge rejected the hse’s proposed transfer of an anonymised child from location 1, citing serious failings in investigation child’s safety concerns and planning move. [2010] iedc 1 chúirt dúiche / has ruled that health service executive

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Courts Service · 2010-05-13 · courts

High Court refuses challenge to refugee status decision

high court refuses challenge to refugee status decision the rejected applicant’s judicial review, finding no basis quash appeals tribunal’s decision. it said an undisclosed report confirmed a point raised at hearing and did not materially affect [2009] iehc 244 has refused application tribunal rejec

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Courts Service · 2010-05-13 · courts

Supreme Court overturns designation of CAO as public body under Official Languages Act

supreme court overturns designation of cao as public body under official languages act the has overturned central applications office a for purposes 2003. cao, based in galway, operated since 1976 system processing to third-level institutions. it challenged regulations made 2006 which brought within

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Courts Service · 2010-05-12 · courts

Supreme Court refuses State bid to reopen liability in €214,000 damages case

supreme court refuses state bid to reopen liability in €214,000 damages case the rejected an application add a challenge state’s appeal, then dismissed its appeal against high award because no justiciable basis review assessment had been established. has david keating, after refusing attempt questio

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Courts Service · 2010-05-12 · courts

High Court refuses leave to challenge deportation order

high court refuses leave to challenge deportation order the granted a short extension of time but found applicant had not shown substantial grounds minister’s decision. [2010] iehc 173 has refused an and refusal remain, finding that his arguments did establish grounds. mr justice birmingham delivere

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Courts Service · 2010-05-12 · courts

High Court rejects appeal over civil service pay settlement discrimination claim

high court rejects appeal over civil service pay settlement discrimination claim the found no error of law in labour court’s rejection a that excluded clerical officers on discriminatory grounds. [2010] iehc 307 has rejected an by servants who argued determination wrongly dismissed their settlement.

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Courts Service · 2010-05-12 · courts

High Court orders limited discovery in Brendan McGuigan surrender case

high court orders limited discovery in brendan mcguigan surrender case the ordered disclosure of specified assistance, interception and surveillance records to support arguments proceedings over a european arrest warrant. order set limits on material date periods covered. [2010] iehc 398 relating as

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Courts Service · 2010-05-12 · courts

Supreme Court upholds key procedural challenges to financial ombudsman’s decision

supreme court upholds key procedural challenges to financial ombudsman’s decision the allowed appeal on two-stage process, reliance experience and statutory grounds, but dismissed it disclosure oral-hearing issues. found mediation should have been offered, yet refused relief that point. part of an b

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Courts Service · 2010-05-11 · courts

Supreme Court declares firearms import refusal unlawful over inflexible policy

supreme court declares firearms import refusal unlawful over inflexible policy the dismissed two appeals concerning certificates but declared that a minister’s of an licence, made under rigid policy, was unlawful. it did not quash decision because more than seven years had passed. 2002 by minister f

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Courts Service · 2010-05-11 · courts

High Court quashes asylum appeal decisions over procedural unfairness

high court quashes asylum appeal decisions over procedural unfairness the found that a tribunal member relied on material about israeli military exemption and legal remedies without giving applicants’ representatives chance to comment. appeals must be decided afresh. [2010] iehc 177 has quashed two

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Courts Service · 2010-05-11 · courts

High Court orders preliminary hearing in concert partnership dispute

high court orders preliminary hearing in concert partnership dispute the directed that three disputed issues be heard a separate module, citing likely savings time and costs. it did not decide who contracted, how profits were to calculated or what buy-out was agreed. [2010] iehc 164 has ordered on l

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Courts Service · 2010-05-11 · courts

High Court refuses Romanian warrant detainee’s bid for release

high court refuses romanian warrant detainee’s bid for release the ruled that vasile covaciu’s continued detention was lawful after volcanic ash disrupted a planned surrender to romania, even if further remand order should have been made. [2010] iehc 182 refused application from cloverhill prison, f

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Courts Service · 2010-05-11 · courts

High Court rejects bid to challenge theft conviction before sentencing

high court rejects bid to challenge theft conviction before sentencing the held that a case stated appeal could not be brought after alone, while applicant’s sentence remained adjourned. [2010] iehc 391 refused relief maria muntean in judicial review concerning her district she was sentenced. mr jus

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Courts Service · 2010-05-10 · courts

High Court rules it retains jurisdiction over solicitors struck off for earlier conduct

high court rules it retains jurisdiction over solicitors struck off for earlier conduct president kearns held that “former solicitor” under the acts includes a person whose name has been roll, where occurred while was on roll. [2010] iehc 175 ruled striking solicitor roll does not remove court’s to

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Courts Service · 2010-05-10 · courts

Supreme Court lets birth injury claim proceed against health board, strikes out claims against two doctors

supreme court lets birth injury claim proceed against health board, strikes out claims two doctors the found no inordinate and inexcusable delay in action but held it fundamentally unfair for individual to face a trial after long lapse of time amid uncertainty over indemnity. has allowed arising fro

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Courts Service · 2010-05-10 · courts

High Court dismisses appeal over solicitor misconduct complaint

high court dismisses appeal over solicitor misconduct complaint the upheld disciplinary tribunal’s decision that a about alleged misleading evidence did not disclose conduct amounting to misconduct. [2010] iehc 181 dismissed michael white’s against there was no prima facie case for an inquiry into h

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Courts Service · 2010-05-07 · courts

High Court orders surrender to Poland after rejecting prison-conditions objection

high court orders surrender to poland after rejecting prison-conditions objection the found evidence did not establish a real risk that would breach respondent’s article 3 rights. it also declined treat an unargued 8 as bar surrender. [2010] iehc 206 has ordered robert rettinger’s under european arr

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Courts Service · 2010-05-06 · courts

Supreme Court rejects simultaneous translation duty but orders Irish versions of court rules for solicitor

supreme court rejects simultaneous translation duty but orders irish versions of rules for solicitor the set aside high court’s declarations on legislation and statutory instruments, while declaring that related materials must be made available in to respondent as a soon possible after english publi

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Courts Service · 2010-05-06 · courts

High Court dismisses solicitor’s insurance claim after finding proposal misstatement was reckless

high court dismisses solicitor’s insurance claim after finding proposal misstatement was reckless the held that fiona mcaleenan an employee, not a partner, and insurer could avoid her cover because signed materially recklessly described status. [2010] iehc 128 dismissed solicitor mcaleenan’s for und

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Courts Service · 2010-05-06 · courts

Supreme Court rejects broad translation duty but orders Irish versions of court rules for solicitor

supreme court rejects broad translation duty but orders irish versions of rules for solicitor the set aside high court’s declarations and held that constitution does not require simultaneous translations acts or a general statutory instruments. it declared rules, including amendments forms, must be

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Courts Service · 2010-05-05 · courts

High Court awards Waters euro equivalent of £33,550 in personal loan dispute

high court awards waters euro equivalent of £33,550 in personal loan dispute the found jarleth kelly personally liable for money thomas lent 1999, rejecting kelly’s claim that was made to his company. [2009] iehc 222 has awarded £33,550, plus interest from 30 august 2000, after finding repay a 1999.

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Courts Service · 2010-05-05 · courts

High Court refuses bid to stop HSE child-protection inquiry

high court refuses bid to stop hse child-protection inquiry the held that could investigate child-safety concerns while criminal proceedings were pending, subject fair procedures and limits on sharing information. [2010] iehc 159 has refused an application by m. i. health service executive investiga

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Courts Service · 2010-05-05 · courts

High Court refuses immediate release bid by Central Mental Hospital patient

high court refuses immediate release bid by central mental hospital patient the found patient’s detention lawful under criminal law (insanity) act, 2006, but said review board’s consideration of possible discharge conditions raised concerns beyond scope this application. [2010] iehc 195 has refused

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Courts Service · 2010-05-05 · courts

High Court grants data-retention challenge standing and EU reference

high court grants data-retention challenge standing and eu reference the preliminary ruling lets digital rights ireland pursue privacy communications claims, rejects a security-for-costs application sends validity of an directive to justice. [2010] iehc 221 has allowed limited claims that telecommun

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