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Courts Service · 2010-06-30 · courts

High Court sends agency dispute to arbitration and refuses injunction

high court sends agency dispute to arbitration and refuses injunction the found a serious question be tried over former agent’s alleged customer solicitation, but declined restrain him while proceeds arbitration. [2010] iehc 295 referred between osmond ireland on farm business limited its agent, fer

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Courts Service · 2010-06-30 · courts

High Court dismisses contractors’ challenge to electrical industry agreement

high court dismisses contractors’ challenge to electrical industry agreement the rejected a late agreement’s validity and upheld labour court’s refusal cancel it. it did not consider constitutional claims, which said should be brought in plenary proceedings if pursued. [2010] iehc 501 has dismissed

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Courts Service · 2010-06-29 · courts

High Court rejects challenge to law extending aquaculture licence

high court rejects challenge to law extending aquaculture licence the refused two defendants’ application have a statutory extension provision declared unconstitutional, finding their arguments did not establish basis for relief sought. [2010] iehc 281 has rejected an by danny bradley and robert ive

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Courts Service · 2010-06-29 · courts

High Court orders demolition of unauthorised Meath house, with 24-month stay

high court orders demolition of unauthorised meath house, with 24-month stay the granted county council’s planning injunction application over a large house built without permission at faughan hill, allowing 24 months before order must be fully complied with. [2010] iehc 254 has ordered michael and

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Courts Service · 2010-06-29 · courts

High Court says Sea Spray Junior’s tank removal was not a modification under fishing policy

high court says sea spray junior’s tank removal was not a modification under fishing policy in case stated the fisheries (amendment) act 2003, answered four questions about vessel’s licence restrictions. licensing appeals officer left to decide appeal. [2010] iehc 244 has ruled that complete of refr

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Courts Service · 2010-06-29 · courts

High Court refuses challenge to screened family visits at Cloverhill Prison

high court refuses challenge to screened family visits at cloverhill prison the held that governor could make general practice while retaining discretion allow physical contact in suitable cases. [2010] iehc 529 has refused john foy’s application for judicial review of prison’s visits, which prevent

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Courts Service · 2010-06-29 · courts

High Court dismisses Redfern claim over Tallaght Square redevelopment agreement

high court dismisses redfern claim over tallaght square redevelopment agreement the found 2005 was intended to be legally binding but unenforceable by time of later dispute. it dismissed limited’s claims and did not assess damages. [2010] iehc 253 ireland has action a proposed shopping centre in tal

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Courts Service · 2010-06-29 · courts

High Court dismisses Traceys’ civil action over football and assault case

high court dismisses traceys’ civil action over football and assault case the ruled that couple’s claims against 23 defendants were an abuse of process because they sought to challenge findings already made in district circuit courts. [2010] iehc 486 dismissed kevin karen tracey’s defendants, ruling

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Courts Service · 2010-06-28 · courts

High Court leaves amendment naming MGN in place, but preserves its limitation defence

high court leaves amendment naming mgn in place, but preserves its limitation defence the refused limited’s application to set aside orders substituting it for originally named defendant. did not decide whether libel claim was time-barred. [2010] iehc 259 has an by limited that substituted as defend

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Courts Service · 2010-06-28 · courts

Supreme Court bars four charges over delay, allows two others to proceed

supreme court bars four charges over delay, allows two others to proceed the found actual prejudice from death of appellant’s former partner for tied ailesbury mews, but said delay did not justify stopping milltown grove charges. has restrained further prosecution indecent assault and gross indecenc

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Courts Service · 2010-06-28 · courts

High Court upholds refusal to revive Greencastle Fort Hotel liquor licence

high court upholds refusal to revive greencastle fort hotel liquor licence the held that lapsed belonged a statutory category could not be renewed through five-year route relied on by applicant. [2010] iehc 261 court, northern circuit, county donegal has upheld formerly attached in donegal, ruling u

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Courts Service · 2010-06-28 · courts

Court of Criminal Appeal upholds cannabis supply conviction

court of criminal appeal upholds cannabis supply conviction the rejected applicant’s challenges to his conviction, finding jury had sufficient evidence and trial judge’s directions were satisfactory. [2009 no. 194 c.c.a.] refused an application for leave a possessing with intent supply, no legal err

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Courts Service · 2010-06-25 · courts

High Court rejects challenge to refusal of subsidiary protection

high court rejects challenge to refusal of subsidiary protection the found minister had considered applicant’s account and medical reports, which did not establish that she previously undergone fgm or faced a real risk serious harm on return nigeria. [2010] iehc 249 has rejected nigerian woman’s app

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Courts Service · 2010-06-25 · courts

High Court refuses leave to challenge Congolese father’s deportation order

high court refuses leave to challenge congolese father’s deportation order the found proposed grounds did not show a substantial basis argue that minister’s decision was unlawful. it refused and consider whether extend filing deadline. [2010] iehc 250 has family’s application for against father, fin

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Courts Service · 2010-06-25 · courts

High Court refuses leave to challenge asylum report before appeal

high court refuses leave to challenge asylum report before appeal the held that applicant’s credibility challenges, including objections a language analysis, could be examined in pending appeal. [2010] iehc 251 has refused an applicant seek judicial review of negative recommendation, finding dispute

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Courts Service · 2010-06-18 · courts

High Court refuses interim order restricting newspapers’ coverage of convicted rapist

high court refuses interim order restricting newspapers’ coverage of convicted rapist the found that michael murray had raised issues for trial but not produced enough evidence at this stage to justify publication identifying photographs or address details. [2010] iehc 248 refused murray’s applicati

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Courts Service · 2010-06-18 · courts

High Court answers contempt appeal questions against Shell in Rossport land dispute

high court answers contempt appeal questions against shell in rossport land dispute the said a district order under gas act did not bar from entering commonage after it acquired share, and evidence establish beyond reasonable doubt. [2010] iehc 238 answered “no” to both an by way of case stated over

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Courts Service · 2010-06-18 · courts

High Court rejects Tipperary farmer’s challenge to cattle disease rules

high court rejects tipperary farmer’s challenge to cattle disease rules the refused all relief sought by a farmer facing district charges, finding challenged regulations were within ministerial powers and that relevant european communities act provision was constitutional. [2010] iehc 325 has bid qu

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Courts Service · 2010-06-17 · courts

High Court cuts interim examiner’s fees and sends legal bill for taxation

high court cuts interim examiner’s fees and sends legal bill for taxation the reduced hourly rates allowed work of €37,726.08, plus expenses. it referred claimed costs to taxing master, with limits on what may be allowed. [2010] iehc 240 remuneration by former examiner missford limited, trading as r

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Courts Service · 2010-06-17 · courts

Attorney General awarded costs for five days of Luas nuisance trial

attorney general awarded costs for five days of luas nuisance trial the high court ordered plaintiffs to pay general’s 16 hearing days’ his participation on a constitutional question. [2010] iehc 291 paula smyth and vincent their against railway procurement agency veolia transport dublin light rail

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Courts Service · 2010-06-17 · courts

Appeal court sets aside two sexual assault convictions and orders retrial

appeal court sets aside two sexual assault convictions and orders retrial the of criminal found that a prosecution comment on accused’s silence was not adequately cured by trial judge’s directions. it did consider other grounds. has set directed after finding about failure to give evidence breached

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Courts Service · 2010-06-17 · courts

High Court orders surrender on two UK arrest warrants

high court orders surrender on two uk arrest warrants the found that offences in both corresponded to under irish law and no statutory bar applied. [2010] iehc 262 ordered of thomas o’rourke united kingdom european warrants, after finding specified legal mr justice michael peart delivered judgment 1

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Courts Service · 2010-06-16 · courts

Court refuses certificate applications by five men convicted of Limerick murder

court refuses certificate applications by five men convicted of limerick murder the criminal appeal said none proposed issues met statutory test for an to supreme court. has refused certificates that would have allowed applicants over their convictions arising from kieran keane. in a judgment delive

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Courts Service · 2010-06-16 · courts

High Court declines prisoner’s judicial review bid over solicitor’s file and summons access

high court declines prisoner’s judicial review bid over solicitor’s file and summons access the said dispute a former did not raise claim declined relief concerning to plenary form. [2010] iehc 337 an application for by john ryan, who sought obtain his from solicitor raised difficulty obtaining form

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Courts Service · 2010-06-16 · courts

Supreme Court overturns damages award in Drogheda pharmacy lease dispute

supreme court overturns damages award in drogheda pharmacy lease dispute the has overturned a against owners of premises at 1 west street, drogheda, long-running over consent to transfer lease. denis and miriam meagher appealed high decision favour luke j. healy limited, which held landlords had unr

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Courts Service · 2010-06-16 · courts

High Court restrains HSE from enforcing dental scheme circular pending trial

high court restrains hse from enforcing dental scheme circular pending trial two dentists secured an interim order over the hse’s changes to treatment services scheme. found a fair contractual issue be tried, but did not decide whether was lawful under their contracts. [2010] iehc 292 has restrained

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Courts Service · 2010-06-15 · courts

High Court rules liquidator can continue after joining former auditor’s firm

high court rules liquidator can continue after joining former auditor’s firm the declared michael mcateer was not disqualified under companies acts, finding that company’s auditor had ceased to hold office when winding-up order made. [2010] iehc 237 a judge has as official of swedex windows & doors

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Courts Service · 2010-06-15 · courts

High Court grants Congolese man leave to challenge asylum appeal decision

high court grants congolese man leave to challenge asylum appeal decision the allowed two judicial review grounds concerning how refugee appeals tribunal assessed his bdk membership and medical evidence, but refused on a separate future-risk ground. [2010] iehc 312 has granted way credibility eviden

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Courts Service · 2010-06-15 · courts

High Court orders surrender to Poland over suspended sentence

high court orders surrender to poland over suspended sentence the found that respondent had breached probation conditions when he left and warrant described conduct corresponding an irish aiding abetting offence. [2010] iehc 260 has ordered of alan majewski serve a 10-month prison imposed in 2003, f

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Courts Service · 2010-06-15 · courts

High Court grants leave to challenge deportation implementation, refuses to halt it

high court grants leave to challenge deportation implementation, refuses halt it the allowed a judicial review claim proceed on limited declaratory grounds, but refused compel decision revocation application and declined an interim injunction. [2010] iehc 223 has granted for concerning implementatio

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Courts Service · 2010-06-14 · courts

High Court dismisses appeal over solicitor’s handling of school fall claim

high court dismisses appeal over solicitor’s handling of school fall claim the held was out time and, after also considering its merits, found no basis to overturn tribunal’s decision that a prima facie case misconduct had not been established. [2010] iehc 252 dismissed an by mandy place against sol

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Courts Service · 2010-06-11 · courts

High Court orders surrender over Polish drink-driving sentence

high court orders surrender over polish drink-driving sentence the rejected an objection that conviction did not correspond to irish offence under road traffic law and ordered serve eight-month sentence. [2010] iehc 242 has of krzysztof serdiuk poland prison for driving while influence alcohol. mr j

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Courts Service · 2010-06-11 · courts

High Court dismisses appeal over Leaving Certificate annotation

high court dismisses appeal over leaving certificate annotation the held that annotations recording untested examination elements were reasonable where an exemption affected assessment of fundamental skills. [2010] iehc 227 dismissed kim cahill’s on her certificate, holding department education and

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Courts Service · 2010-06-11 · courts

High Court keeps part of Galway landowners’ road dispute alive

high court keeps part of galway landowners’ road dispute alive the rejected an application to end proceedings, but narrowed claim disputes over standards, contractual obligations, possible damages and rights under easements. [2010] iehc 267 court, commercial has refused strike out entirety a between

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Courts Service · 2010-06-11 · courts

High Court upholds dismissal of Dublin drink-driving charge over urine-sample procedure

high court upholds dismissal of dublin drink-driving charge over urine-sample procedure the answered a district judge’s legal question in affirmative, finding that evidence non-compliance with statutory sample-handling requirements entitled him to dismiss charge. [2010] iehc 233 upheld after designa

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Courts Service · 2010-06-09 · courts

High Court refuses Israeli companies’ bid to move Microsoft Ireland dispute from Ireland

high court refuses israeli companies’ bid to move microsoft ireland dispute from the dismissed an application set aside service of proceedings or stay them, finding that companies had not shown sufficient reason avoid their contractual jurisdiction clauses. [2010] iehc 228 has by two brought operati

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Courts Service · 2010-06-09 · courts

District Court says HSE should meet reasonable legal costs in urgent child-care cases

district court says hse should meet reasonable legal costs in urgent child-care cases a ruling on respondent’s application, the said fund necessary representation where parent cannot afford it and no other support is available. [2010] iedc 2 an chúirt dúiche (district court) health service executive

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Courts Service · 2010-06-09 · courts

High Court rules Ballymun lift picket lawful under trade-dispute law

high court rules ballymun lift picket lawful under trade-dispute law the found union’s picketing met statutory test because its members began where their employer, pickerings, was then working. acknowledged a prima facie trespass on council property but left form of order for further submissions. [2

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Courts Service · 2010-06-08 · courts

High Court grants summary judgment on building claims but sends €1m dispute to trial

high court grants summary judgment on building claims but sends €1m dispute to trial the found main defences under a agreement had no reasonable prospect of success, while separate claim co-ownership raised an arguable issue for plenary hearing. [2010] iehc 215 granted arising from killarney develop

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Courts Service · 2010-06-04 · courts

Bus driver succeeds against Dublin Bus after suspension failure on ramp

bus driver succeeds against dublin after suspension failure on ramp the high court found liable under workplace safety regulations for injuries suffered when a bus’s pneumatic failed. south county council was not liable. [2010] iehc 328 succeeded in his claim that injured neck and lower back while h

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Courts Service · 2010-06-04 · courts

High Court refuses bid to stop delayed abuse prosecution

high court refuses bid to stop delayed abuse prosecution the found no unavoidable unfairness in applicant’s defence and dismissed his judicial review application, leaving criminal proceedings continue. [2010] iehc 229 has an application by f.b. involving 66 charges of alleged sexual abuse, finding t

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Courts Service · 2010-06-04 · courts

High Court awards €80,000 to carpenter injured in fall at Dublin building site

high court awards €80,000 to carpenter injured in fall at dublin building site the found john paul construction liable after accepting worker’s account of how a shuttering panel struck him. it no contributory negligence and liability for oakley formwork. [2010] iehc 239 awarded padraig cull damages

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Courts Service · 2010-06-04 · courts

High Court refuses Ryanair leave to challenge Dublin Airport charges determination

high court refuses ryanair leave to challenge dublin airport charges determination the declined permission seek judicial review, finding statutory appeal process was more appropriate remedy. it did not decide whether invalid. [2010] iehc 220 has refused review of a setting maximum at for 2010 2014.

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Courts Service · 2010-06-04 · courts

High Court strikes out claim against two solicitors and bars further proceedings against them

high court strikes out claim against two solicitors and bars further proceedings them the found action was an attempt to relitigate family law proceedings. it struck paragraphs 1–10 of statement restrained plaintiff from bringing named defendants. [2010] iehc 273 ireland first 10 a man’s ordered tha

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Courts Service · 2010-06-04 · courts

High Court refuses Armenian woman's challenge over six-year late asylum appeal

high court refuses armenian woman's challenge over six-year late asylum appeal [2010] iehc 246 the has refused to allow an woman continue a judicial review refugee appeals tribunal's refusal accept lodged years outside statutory deadline. mr justice birmingham delivered judgment on june 4, 2010. app

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Courts Service · 2010-06-04 · courts

High Court rejects default planning permission claim despite one-day delay

high court rejects default planning permission claim despite one-day delay the found bray town council’s refusal was made outside statutory eight-week period, but ruled proposed development materially contravened local plan and could not receive by default. [2010] iehc 226 refused margaret maguire’s

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Courts Service · 2010-06-04 · courts

High Court overturns order to release note of Government emissions discussion

high court overturns order to release note of government emissions discussion the allowed taoiseach’s appeal, ruling that information commissioner lacked power disapply rules protecting confidential discussions. [2010] iehc 241 has overturned a decision requiring taoiseach handwritten 2003 meeting d

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Courts Service · 2010-06-04 · courts

High Court refuses Irish Asphalt bid for security for costs

high court refuses irish asphalt bid for security costs the accepted that elliott construction might be unable to meet asphalt’s full if it lost, but found special circumstances linked alleged damage at ballymun youth facility. [2010] iehc 234 court, commercial has refused limited’s application agai

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Courts Service · 2010-06-04 · courts

High Court refuses challenge to involuntary admission of mental health patient

high court refuses challenge to involuntary admission of mental health patient the held that doctors could discharge b.f. from voluntary care and make a new order enable specialist treatment at central hospital. [2010] iehc 243 refused b.f.’s application quash an made on 6 august 2009 renewal later

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Courts Service · 2010-06-03 · courts

High Court enters €6.32m summary judgment for AIB in Duleek partnership loan case

high court enters €6.32m summary judgment for aib in duleek partnership loan case the rejected four borrowers’ proposed defences, including arguments that they borrowed as consumers and one defendant signed final facility believing it was something else. [2010] iehc 219 court, commercial entered all

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Courts Service · 2010-06-01 · courts

High Court allows delayed-damages claim to proceed after finding it was deferred

high court allows delayed-damages claim to proceed after finding it was deferred the ruled that mount kennett and greenband could pursue their for delay damages. did not assess damages or decide claim’s merits. [2010] iehc 216 has investment company investments may a over in completing property sale

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Courts Service · 2010-06-01 · courts

High Court finds solicitor negligent in four ACC loan transactions; damages deferred

high court finds solicitor negligent in four acc loan transactions; damages deferred the found brian johnston acted negligently by releasing funds without acc’s authority to close on undertakings. it amount of until a later hearing linked unresolved third-party proceedings. [2010] iehc 236 has trans

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Courts Service · 2010-06-01 · courts

High Court dismisses solicitors’ contribution claim against architects

high court dismisses solicitors’ contribution claim against architects the held that alleged negligence by solicitors in letting a expire did not involve same damage as underlying architects, required for under civil liability act 1961. [2010] iehc 218 dismissed third-party proceedings brought rulin

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