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Courts Service · 2010-07-30 · courts

High Court refuses challenge to maintenance order and delayed sentence appeal

high court refuses challenge to maintenance order and delayed sentence appeal the rejected a man’s bid quash circuit prevent his against three-month from proceeding. [2010] iehc 339 refused judicial review application challenging seeking long-delayed prison being heard. applicant sought orders made

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Courts Service · 2010-07-30 · courts

High Court upholds Cognotec debenture after finding bank lacked actual notice of filing breach

high court upholds cognotec debenture after finding bank lacked actual notice of filing breach the ruled that 2006 security and receiver’s appointment remained valid, a 2010 board decision purporting to void had no effect. [2010] iehc 309 granted by ltd. barclays ireland plc in was statutory declara

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Courts Service · 2010-07-30 · courts

High Court says eligible spouses could work while awaiting EU residence cards

high court says eligible spouses could work while awaiting eu residence cards the granted declarations in two joined judicial review cases that and employment rights began when minister acknowledged a valid residence-card application, subject to possible retroactive revocation if card was lawfully r

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Courts Service · 2010-07-30 · courts

Supreme Court refers child custody rights question to EU court

supreme court refers child custody rights question to eu the reference arose from an appeal over three children taken ireland england. said father had no under irish law without a order, but referred for preliminary ruling. has of justice european union about whether allows country require unmarried

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Courts Service · 2010-07-30 · courts

High Court leaves trust variation application open for amendment

high court leaves trust variation application open for amendment the said proposed changes might not achieve their intended effect and did approve or refuse them at this stage. [2010] iehc 505 has left an to change a family trust, giving applicant’s legal advisers opportunity consider amending it. a

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Courts Service · 2010-07-30 · courts

High Court declares Madigan entitled to half of Monard shares

high court declares madigan entitled to half of monard shares the found terry beneficially 50% ordinary in and directed harry rea register transfer. it also declared remains a director, while reserving any further order on linked petition. [2010] iehc 453 has (research development) ltd share that di

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Courts Service · 2010-07-30 · courts

High Court dismisses woman’s injury claim after finding earnings evidence misleading

high court dismisses woman’s injury claim after finding earnings evidence misleading the found it highly probable that plaintiff knowingly gave materially about her and dismissed personal action under section 26 of civil liability courts act 2004. [2010] iehc 327 a against dublin bus she following 2

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Courts Service · 2010-07-30 · courts

High Court refuses challenge to Nigerian applicant’s asylum appeal decision

high court refuses challenge to nigerian applicant’s asylum appeal decision the found that refugee appeals tribunal accepted core account of trafficking but had rejected because state protection was available in nigeria. [2010] iehc 317 has refused a judicial review rejecting an by woman who said sh

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Courts Service · 2010-07-30 · courts

High Court orders surrender in Czech arrest warrant case

high court orders surrender in czech arrest warrant case the rejected objections over offence correspondence and timing of sentence service, finding respondent remained subject to proceedings could be surrendered. [2010] iehc 315 ordered jan odstrcilik republic under a european warrant, rejecting ch

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Courts Service · 2010-07-30 · courts

High Court delays ruling on frozen funds in Headstart dispute

high court delays ruling on frozen funds in headstart dispute the found that a $5 million payment was part of fraudulent scheme, but said it could not decide whether recover money without hearing from dd funds’ liquidators. [2010] iehc 334 has deferred its decision global fund limited can us$5 paid

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Courts Service · 2010-07-30 · courts

High Court quashes decision on 41X bus route and declares delay in licence decision unlawful

high court quashes decision on 41x bus route and declares delay in licence unlawful the set aside minister’s august 2009 decisions concerning dublin bus’s altered declared that department unlawfully delayed deciding swords express’s second application. it did not rule merits of [2010] iehc 311 has q

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Courts Service · 2010-07-30 · courts

Supreme Court cuts Wicklow councillors’ costs liability in pet crematorium dispute

supreme court cuts wicklow councillors’ costs liability in pet crematorium dispute the left a order against three councillors place but reduced amount payable to county manager. it restored council’s for planning applicant’s costs. has by after they instructed failed challenge decision concerning pr

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Courts Service · 2010-07-30 · courts

High Court rules language duties under 1924 Act can be reviewed

high court rules language duties under 1924 act can be reviewed the rejected state’s attempt to end proceedings at this stage. underlying claim about irish-language capacity and documents remains decided a full hearing. [2010] iehc 335 of ireland has ruled that section 71 courts justice by court, al

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Courts Service · 2010-07-29 · courts

High Court orders fresh vote on liquidator for Stainless Pipeline Supplies

high court orders fresh vote on liquidator for stainless pipeline supplies the set aside two creditors’ proxies and directed a new meeting, suspending frank lafferty’s exercise of powers until vote. [2010] iehc 318 has ordered meeting to decide who will serve as (irl.) limited, after finding that fr

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Courts Service · 2010-07-29 · courts

High Court caps examiner’s hourly rates in failed Capital Bars examinership

high court caps examiner’s hourly rates in failed capital bars examinership mr justice clarke set lower for kpmg examiner kieran wallace and his staff, while leaving the precise total costs a later calculation. [2010] iehc 394 maximum of group after its failed, but did not fix final sum payable judg

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Courts Service · 2010-07-29 · courts

High Court varies divorce appeal order over access and proceeds of house sale

high court varies divorce appeal order over access and proceeds of house sale the set a detailed contact schedule directed payments into after finding that delays in selling former family home reduced amount available. [2010] iehc 425 varied parts circuit order, setting for two children changing how

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Courts Service · 2010-07-29 · courts

Court dismisses appeal over cocaine conviction after finding case was properly left to jury

court dismisses appeal over cocaine conviction after finding case was properly left to jury the of criminal held that evidence could support a guilty verdict and trial judge entitled leave possession issue jury. [2010] iecca 85 dismissed daniel goulding’s against his for sale or supply, judgment, de

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Courts Service · 2010-07-28 · courts

High Court rules Wintertide cannot pursue new tenancy claim

high court rules wintertide cannot pursue new tenancy claim the allowed cie’s appeal from a preliminary circuit ruling, finding that gypsum’s post-expiry rights could not be transferred to wintertide. other disputed issues were left undecided. [2010] iehc 494 an by córas iompair éireann (cie) after

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Courts Service · 2010-07-28 · courts

High Court quashes ruling on cattle restriction notices in G.V.M. case

high court quashes ruling on cattle restriction notices in g.v.m. case the set aside a district notices’ validity, but left company free to raise prosecution delay later. it rejected company’s challenges relevant legislation. [2010] iehc 323 has quashed that found valid criminal proceedings against

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Courts Service · 2010-07-28 · courts

Supreme Court explains release of Latvian extradition prisoner after invalid surrender delay

supreme court explains release of latvian extradition prisoner after invalid surrender delay the has set out its reasons for ordering sergejs rimsa from custody while he was awaiting to latvia under a european arrest warrant. high had ordered rimsa's on 13 december 2007 and committed him cloverhill

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Courts Service · 2010-07-28 · courts

Criminal Appeal Court dismisses challenge to seven-year cocaine sentence

criminal appeal court dismisses challenge to seven-year cocaine sentence the ruled that for possessing 603.5 grams of unlawful supply was not unduly severe and trial judge had erred in principle. has dismissed an application leave a prison imposed on man who pleaded guilty supply. court, judgment de

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Courts Service · 2010-07-28 · courts

High Court dismisses husband’s claims linked to wife’s 1996 road crash

high court dismisses husband’s claims linked to wife’s 1996 road crash the found that patrick ward had not established defendants’ negligence caused losses he claimed after his accident. [2010] iehc 308 dismissed ward’s for damages a involving wife, finding causation on balance of probabilities. awa

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Courts Service · 2010-07-28 · courts

Court of Criminal Appeal sets aside brothers’ murder convictions and orders retrials

court of criminal appeal sets aside brothers’ murder convictions and orders retrials the found a real possibility that publicity about trial judge’s remarks on fatal stabbings manslaughter sentencing influenced jury during trial. appeal; at central set brothers jeffrey dumbrell warren dumbrell, find

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Courts Service · 2010-07-28 · courts

High Court rejects Caledonian Life appeal but orders Companies Act references removed

high court rejects caledonian life appeal but orders companies act references removed the upheld financial services ombudsman’s finding and €30,000 penalty, while directing that to a record-retention provision be struck from finding. [2010] iehc 384 has rejected life’s against ombudsman over cancell

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Courts Service · 2010-07-27 · courts

High Court orders 15-year-old returned to the Netherlands despite objection

high court orders 15-year-old returned to the netherlands despite objection judge said child’s strong views had be considered, but ruled that her individual interests and hague convention’s policy considerations supported return. [2010] iehc 322 has ordered a girl, identified as c.b., after she stro

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Courts Service · 2010-07-27 · courts

High Court finds grandmother wrongfully retained infant in Ireland

high court finds grandmother wrongfully retained infant in ireland the ordered child’s return to england, holding that english courts had first seised case and jurisdiction. it distinguished initial removal from later wrongful retention. [2010] iehc 303 of ireland, family law declared m. s., materna

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Courts Service · 2010-07-27 · courts

High Court refuses Iarnród Éireann challenge to Equality Officer’s findings

high court refuses iarnród éireann challenge to equality officer’s findings the judicial review was limited part of a decision on employment conditions. found challenged inferences were reasonable and not essential decision. [2010] iehc 326 refused éireann’s an finding that company discriminated aga

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Courts Service · 2010-07-27 · courts

Supreme Court refuses to halt Cork serious assault prosecution

supreme court refuses to halt cork serious assault prosecution the rejected an abuse-of-process challenge a section 4 charge, while criticising prosecution’s handling of earlier signed plea process. has refused prohibit warren higgins on charge causing harm, finding that process did not make trial m

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Courts Service · 2010-07-27 · courts

High Court refuses certificate of appeal in deportation case

high court refuses certificate of appeal in deportation case the said applicants had not shown that their proposed legal question warranted certification, and refused permission to on it. [2010] iehc 355 an application by williams ugbo ann buckley for a supreme over order made against ugbo. held poi

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Courts Service · 2010-07-27 · courts

High Court refuses habeas corpus application by man facing extradition

high court refuses habeas corpus application by man facing extradition the rejected challenges to appeal-certification rule and attorney general’s legal-aid scheme, finding applicant lacked standing contest scheme after abandoning his application. [2010] iehc 324 has refused a michael mcdermott, who

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Courts Service · 2010-07-27 · courts

High Court refuses challenge over mother and child’s protection applications

high court refuses challenge over mother and child’s protection applications the declined to extend time for challenges three asylum decisions found no arguable case against later subsidiary refusal. [2010] iehc 306 refused a judicial review on their applications, finding good sufficient reason limi

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Courts Service · 2010-07-23 · courts

Supreme Court sends Polish prison conditions challenge back for reconsideration

supreme court sends polish prison conditions challenge back for reconsideration the clarified evidence standard article 3 objections to surrender and remitted case high reassess risk at time of likely surrender. has allowed robert rettinger’s appeal against an order his poland sent application recon

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Courts Service · 2010-07-23 · courts

High Court dismisses discrimination claim against Millipore Corporation

high court dismisses discrimination claim against millipore corporation the ruled on a preliminary appeal that employment equality acts place liability an employee’s employer. underlying ireland was not decided. [2010] iehc 314 has dismissed barbara whooley’s proceedings corporation, ruling for alle

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Courts Service · 2010-07-23 · courts

High Court grants leave to challenge father’s deportation on children’s rights ground

high court grants leave to challenge father’s deportation on children’s rights ground the allowed a judicial review proceed one limited concerning constitutional of three irish citizen children. it made no final ruling whether order should be quashed. [2010] iehc 305 has granted seek ground: ministe

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Courts Service · 2010-07-23 · courts

High Court quashes asylum report for wife, leaves husband’s and son’s reports in place

high court quashes asylum report for wife, leaves husband’s and son’s reports in place the found that wife’s account of alleged 2005 mistreatment was wrongly excluded from credibility assessment said commissioner could consider seeking her belgian file. it refused to quash separate concerning husban

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Courts Service · 2010-07-23 · courts

Supreme Court sends Polish prison conditions challenge back to High Court

supreme court sends polish prison conditions challenge back to high the set out test for assessing article 3 risks in a surrender case, dismissed minister’s notice vary and remitted application reconsideration. [2010] 1ehc 206 has sent of robert rettinger poland, directing that be reconsidered using

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Courts Service · 2010-07-23 · courts

High Court adjourns Birchwell winding-up application for amendment

high court adjourns birchwell winding-up application for amendment the said it would not validate liquidation steps wholesale and indicated that annulling resolution could be appropriate. adjourned matter to let parties consider amending application. [2010] iehc 319 an concerning voluntary winding u

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Courts Service · 2010-07-23 · courts

High Court refuses leave to challenge enforcement of 2001 costs order

high court refuses leave to challenge enforcement of 2001 costs order the found that a european commission complaint could not affect and refused permission issue proposed plenary summons. [2010] iehc 321 has james kenny summons seeking restrain an bord pleanála city sheriff from enforcing made in 2

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Courts Service · 2010-07-23 · courts

High Court rules 2005 guarantee remained in force after RQB restructuring failed to proceed

high court rules 2005 guarantee remained in force after rqb restructuring failed to proceed the held that proposed 2008 facilities were never drawn down, so earlier continued secure original borrowing. [2010] iehc 347 ruled niall mcfadden bound by a for borrowing limited restructured down. it later

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Courts Service · 2010-07-22 · courts

High Court declares East Point lease valid after company sought to avoid it

high court declares east point lease valid after company sought to avoid it the held that tenant had not shown crossed statutory value threshold for shareholder approval and, alternatively, all voting shareholders approved arrangement informally. [2010] iehc 300 court, commercial declared a 1997 of

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Courts Service · 2010-07-21 · courts

Appeal court sets aside knife conviction after ruling on self-defence direction

appeal court sets aside knife conviction after ruling on self-defence direction the of criminal quashed john mcgovern’s for producing a weapon, but refused leave to his manslaughter conviction. set weapon finding that jury had not been told clearly enough could answer charge. it him delivered its ju

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Courts Service · 2010-07-21 · courts

Criminal Appeal Court rejects challenge to delayed indecent-assault trial

criminal appeal court rejects challenge to delayed indecent-assault trial the upheld amendments four indictment counts and refused leave over judge’s warning jury about delay. [2010] iecca 80 of has rejected an application by michael anthony walsh for his conviction on indecent assault. it ruled tha

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Courts Service · 2010-07-21 · courts

High Court upholds most of inquiry plan but bars overlap with acquitted charges

high court upholds most of inquiry plan but bars overlap with acquitted charges the found that an agreed employment could consider video interviews and expert evidence, should not revisit allegations against one pupil insofar as they were basis ended in acquittal. it made no ruling on consequences t

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Courts Service · 2010-07-21 · courts

High Court makes no costs order after rejecting challenge over residency application delay

high court makes no costs order after rejecting challenge over residency application delay the long-term had become moot approval; found it not been reasonable to seek mandamus and ordered neither side pay costs. [2010] iehc 488 made as finding was for elias matta an compelling minister justice law

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Courts Service · 2010-07-21 · courts

High Court finds Galway plan still provided for two Traveller halting sites

high court finds galway plan still provided for two traveller halting sites the ruled that a 2009 council motion removed paragraphs from accommodation programme but did not erase its commitment to sites. it reserved question of what relief, if any, applicants should receive. [2010] iehc 302 has foun

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Courts Service · 2010-07-20 · courts

High Court refuses interim block on father’s deportation

high court refuses interim block on father’s deportation the found no fair issue to be tried in family’s challenge decision and refused an interlocutory injunction. [2010] iehc 297 application temporarily prevent of a nigerian father while his family sought leave order by judicial review. mr justice

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Courts Service · 2010-07-20 · courts

High Court finds Labour Court erred over comparator in teachers’ pay claims

high court finds labour erred over comparator in teachers’ pay claims the held that privately paid teachers could not use department-funded as comparators their against catholic university school. it left effect of finding for further submissions. [2010] iehc 496 found had allowing two at school to

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Courts Service · 2010-07-20 · courts

High Court refuses late leave bid challenging refusal of refugee status

high court refuses late leave bid challenging refusal of refugee status the found no good or sufficient reason to extend deadline grant for judicial review appeals tribunal decision. [2010] iehc 487 has refused an applicant’s request extra time and challenge a decision upholding status. either made

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Courts Service · 2010-07-20 · courts

High Court says lease allows service-charge calculation method to change

high court says lease allows service-charge calculation method to change the held that a clause in beacon permits how tenants’ shares are calculated, provided resulting share is just and equitable. it left test’s application precise form of its order unresolved. [2010] iehc 535 has ruled commercial

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Courts Service · 2010-07-20 · courts

High Court sets €50 weekly maintenance to begin when husband is fit to return to work

high court sets €50 weekly maintenance to begin when husband is fit return work the upheld divorce and set for wife, but adjourned case an updated medical report. it made no order on issues already settled by consent. [2010] iehc 416 a between p. k. j. wife at week, beginning only certified work. ma

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Courts Service · 2010-07-20 · courts

High Court sends Anglo Irish Bank claims against three solicitors to plenary hearing

high court sends anglo irish bank claims against three solicitors to plenary hearing the refused summary judgment on guarantees and partnership debts, saying decision was not an assessment of defendants’ ultimate prospects success. [2010] iehc 271 court, commercial has adjourned corporation limited’

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Courts Service · 2010-07-19 · courts

High Court dismisses appeal over solicitor misconduct complaint

high court dismisses appeal over solicitor misconduct complaint the upheld a disciplinary tribunal’s decision that there were no bona fide grounds to inquire into complaints against c.f. o’connell. [2010] iehc 298 has dismissed eugene o’brien’s solicitors’ tribunal was prima facie case of by affirme

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Courts Service · 2010-07-19 · courts

High Court dismisses appeal over solicitor’s land registration error

high court dismisses appeal over solicitor’s land registration error the upheld solicitors disciplinary tribunal’s finding that there was no prima facie case to inquire into whether solicitor acted recklessly or intended deceive. [2010] iehc 299 has dismissed james breen’s against a decision by trib

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Courts Service · 2010-07-16 · courts

AIG awarded 20% of costs after losing key defence issues

aig awarded 20% of costs after losing key defence issues the high court said on which fiona mcaleenan succeeded added significantly to complexity and length case, limited aig’s recovery accordingly. [2010] iehc 279 court, commercial list has ordered pay (europe) proceedings in her claim against insu

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Courts Service · 2010-07-16 · courts

High Court dismisses negligence claim against former solicitor

high court dismisses negligence claim against former solicitor the rejected all complaints by dermot tighe over his solicitor’s conduct of a planning judicial review, finding that case was voluntarily withdrawn after advice about its prospects. [2010] iehc 280 has dismissed tighe’s solicitor, joseph

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Courts Service · 2010-07-16 · courts

Court refuses certificate application in Mulhall sentence case

court refuses certificate application in mulhall sentence case the of criminal appeal rejected all four proposed questions for referral to supreme court, finding they did not meet statutory requirements. 229 cca/06 has refused linda mulhall’s a on about her manslaughter sentence. followed earlier de

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Courts Service · 2010-07-16 · courts

Solicitor’s failure to advise health authority inquiry led to €43,678 award

solicitor’s failure to advise health authority inquiry led €43,678 award the high court found one causative in handling of a restaurant purchase; other alleged conveyancing failings did not cause buyers’ losses. [2010] iehc 313 awarded edmund and joan kelleher after finding that their solicitor negl

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Courts Service · 2010-07-15 · courts

High Court changes separation orders after father loses job

high court changes separation orders after father loses job the set new access and maintenance arrangements, varied family-home provisions awarded mother interests in three dublin properties their rents. [2010] iehc 423 parts of a circuit order judicial case lost his shortly before hearing. judgment

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Courts Service · 2010-07-15 · courts

High Court refuses leave in Zimbabwean couple’s challenge to asylum recommendations

high court refuses leave in zimbabwean couple’s challenge to asylum recommendations the found no arguable procedural unfairness or basis commissioner’s recommendations. appeals refugee tribunal remained available on paper. [2010] iehc 490 refused a married couple seek judicial review of that they sh

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Courts Service · 2010-07-14 · courts

High Court rejects Portlaoise prisoner’s claim over slopping-out conditions

high court rejects portlaoise prisoner’s claim over slopping-out conditions [2010] iehc 269 the has rejected a former prison inmate’s for declarations and damages use of chamber pots during his imprisonment. sean mulligan was convicted in special criminal december 2002 membership real ira sentenced

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Courts Service · 2010-07-14 · courts

High Court refuses appeal certificate in deportation case involving Irish citizen children

high court refuses appeal certificate in deportation case involving irish citizen children the said proposed questions about minister’s assessment were tied to this family’s circumstances and did not raise a point of law exceptional public importance. [2010] iehc 282 refused an application for leave

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Courts Service · 2010-07-14 · courts

High Court grants judicial separation and orders €60,000 annual maintenance

high court grants judicial separation and orders €60,000 annual maintenance the made provision for wife including life-long residence in family home, pension orders. it adjourned further consideration of any surplus from husband’s heavily indebted assets. [2010] iehc 440 granted xy yx a decree finan

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Courts Service · 2010-07-14 · courts

High Court grants leave to challenge mother’s deportation and pauses removal

high court grants leave to challenge mother’s deportation and pauses removal the allowed a focused judicial review proceed granted an interim injunction, pending substantive hearing. it did not decide whether order was unlawful. [2010] iehc 296 j.b. (a minor), d.q.b. a.b. against child’s mother, iss

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Courts Service · 2010-07-14 · courts

High Court quashes drug conviction after judge took notice of unproved regulations

high court quashes drug conviction after judge took notice of unproved regulations the found that defining alleged offence had to be proved at trial. it quashed on judicial review and declined remit case district court. [2010] iehc 336 has a man’s for possessing heroin sale or supply, finding was no

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Courts Service · 2010-07-13 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found proposed judicial review had not shown grounds refugee appeals tribunal’s credibility and state-protection conclusions. [2010] iehc 277 refused p. k. seek of a tribunal rejecting her appeal, finding that she made out case for lea

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Courts Service · 2010-07-13 · courts

High Court orders four-year-old returned to Czech Republic under Hague Convention

high court orders four-year-old returned to czech republic under hague convention the found that father’s consent covered only a one-month trip ireland and child’s continued stay was unlawful. it directed her speedy return set arrangements for handover. [2010] iehc 424 ordered of girl who had remain

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Courts Service · 2010-07-13 · courts

High Court refuses challenge to naturalisation decision after approval letter was reconsidered

high court refuses challenge to naturalisation decision after approval letter was reconsidered the held that minister’s earlier could not grant citizenship before a required declaration, and dismissed applicant’s later refusal. [2010] iehc 549 has refused senad hodzic’s minister for justice’s refusa

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Courts Service · 2010-07-13 · courts

High Court strikes out builder’s indemnity claim over delayed piling proceedings

high court strikes out builder’s indemnity claim over delayed piling proceedings the allowed lowry piling’s motion after finding andrews construction had no sufficient reason for failing to join it in homeowners’ claims cracked houses. [2010] iehc 276 has a by limited strike separate brought limited

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Courts Service · 2010-07-12 · courts

High Court grants judicial separation, keeps family home jointly owned

high court grants judicial separation, keeps family home jointly owned the ordered maintenance, divided pension and insurance benefits, set terms for children’s accommodation. [2010] iehc 474 granted a decree of separation to e. s. d. s., relying on husband’s adultery as ground decree. mr justice ab

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Courts Service · 2010-07-09 · courts

High Court sends firearms licence appeal back for reconsideration

high court sends firearms licence appeal back for reconsideration the quashed a district refusal after finding judge had treated later restrictions as overriding an exception that applied to applicant. it did not decide whether certificates should be granted. [2010] iehc 285 has decision refusing lo

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Courts Service · 2010-07-09 · courts

High Court bars safety authority investigation into fatal Donegal road crash

high court bars safety authority investigation into fatal donegal road crash the ruled that roadworks had ceased to be a workplace before 2001 crash, so health and lacked jurisdiction investigate or prosecute over incident under 2005 act. [2010] iehc 286 has prohibited from investigating prosecuting

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Courts Service · 2010-07-09 · courts

Supreme Court rejects power to reopen pre-2006 deportation orders under subsidiary protection rules

supreme court rejects power to reopen pre-2006 deportation orders under subsidiary protection rules the ruled on a preliminary legal issue in an appeal over minister’s refusal consider three applications. it held that regulations did not give minister discretion reconsider made before 10 october 200

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Courts Service · 2010-07-09 · courts

District Court keeps seven-day notice condition on child’s possible deportation

district court keeps seven-day notice condition on child’s possible deportation the declined minister’s request to revoke or vary a limited welfare order while an ongoing child-care inquiry continued. requires seven days’ before child 1 is removed from jurisdiction. [2010] iedc 3 chúirt dúiche / has

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Courts Service · 2010-07-09 · courts

High Court refuses challenge to Wicklow driving conviction

high court refuses challenge to wicklow driving conviction the said an appeal was appropriate route contest evidence behind and also found judicial review application delayed. [2010] iehc 287 refused by phelim doyle quash his for under influence of intoxicant, ruling that remedy excessively had been

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Courts Service · 2010-07-09 · courts

Supreme Court rules health board could discontinue maternity services at Monaghan hospital

supreme court rules health board could discontinue maternity services at monaghan hospital the dismissed an appeal challenging north eastern board’s power to general hospital, holding that section 38 governs premises rather than services. has over ruling of act 1970 regulates provided there. was bro

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Courts Service · 2010-07-09 · courts

High Court quashes burglary conviction over defective charge sheet

high court quashes burglary conviction over defective charge sheet the ruled that describing alleged arrestable offence as “burglary” failed to identify underlying charge. challenge had been raised at start of district hearing. [2010] iehc 284 quashed a man’s after finding said have followed his ent

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Courts Service · 2010-07-09 · courts

High Court accepts First Active’s debt claims, subject to proof of minor credits

high court accepts first active’s debt claims, subject to proof of minor credits the found bank had established sums claimed against four cunningham group companies and under a personal guarantee, while requiring further affidavit evidence about certain sale proceeds before resolving that limited is

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Courts Service · 2010-07-09 · courts

High Court refuses specific performance in three failed apartment purchases

high court refuses specific performance in three failed apartment purchases the found purchasers could not complete because they lacked assets or borrowing capacity to pay contract sums. aranbel was entitled damages instead, with next steps still be determined. [2010] iehc 272 refused order sets of

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Courts Service · 2010-07-09 · courts

High Court rejects bid to redact documents and hold company petition in private

high court rejects bid to redact documents and hold company petition in private the dismissed a respondent’s motion over privilege hearing. underlying oppression remains be decided. 2010 [iehc] 531 has by john bergin material from have proceedings heard camera. ruling dealt only with that motion; it

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Courts Service · 2010-07-09 · courts

Supreme Court says Minister may consider subsidiary protection applications after earlier deportation orders

supreme court says minister may consider subsidiary protection applications after earlier deportation orders the held that has discretion, but no obligation, to three appellants’ under regulation 4(2). ruled for justice discretion from appellants whose notifications predated 2006 regulations. said i

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Courts Service · 2010-07-09 · courts

High Court says child is entitled to nationality certificate after residence periods were excluded

high court says child is entitled to nationality certificate after residence periods were excluded the held that minister had permitted child’s father remain in ireland from 7 july 2005, including before he registered. it ordered was a of nationality. [2010] iehc 507 ruled born dublin nigerian natio

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Courts Service · 2010-07-08 · courts

High Court refuses challenge to housing eviction procedure over delay and participation

high court refuses challenge to housing eviction procedure over delay and participation the ruled that a tenant’s judicial review was brought out of time because she had not challenged notice quit, also refused an extension after finding acquiescence. [2010] iehc 270 used in case, should have quit w

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Courts Service · 2010-07-07 · courts

High Court rejects challenge to correction of Wicklow trial return order

high court rejects challenge to correction of wicklow trial return order the refused judicial review applications by patrick doran and amanda gilbert, holding that a district judge could correct an accidental omission in 2007 under slip rule. [2010] iehc 266 has gilbert challenging judge’s returning

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Courts Service · 2010-07-06 · courts

High Court refuses to extend time for suspended school worker’s judicial review

high court refuses to extend time for suspended school worker’s judicial review the ruled only on delay as a preliminary issue, finding challenge out of and declining deadline. [2010] iehc 278 has refused worker bring proceedings, that was considerably not adequately explained. judgment, delivered b

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Courts Service · 2010-07-05 · courts

High Court refuses to stop Garda disciplinary inquiry after drug charge acquittal

high court refuses to stop garda disciplinary inquiry after drug charge acquittal the held that remaining allegations concerned different issues and could proceed commissioner withdrew possession allegation. [2010] iehc 257 has refused prohibit a from continuing district dismissed criminal against o

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Courts Service · 2010-07-02 · courts

High Court refuses interim injunction against asylum seeker’s transfer to UK

high court refuses interim injunction against asylum seeker’s transfer to uk the found no fair issue be tried over dublin ii order and refused relief. it made final determination on proposed judicial review. [2010] iehc 258 an ex parte application for stop his united kingdom under regulation. that g

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Courts Service · 2010-07-02 · courts

High Court refuses leave to challenge protection refusals and deportation orders

high court refuses leave to challenge protection refusals and deportation orders the found no arguable or substantial grounds review three decisions concerning a serbian family, including two of subsidiary for six family members. [2010] iehc 256 refused family’s application seek judicial decision ma

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Courts Service · 2010-07-01 · courts

High Court rejects challenge to naturalisation refusal over missing reasons

high court rejects challenge to naturalisation refusal over missing reasons the held that minister was not required explain in this case, while noting changing law on a matter for legislature. [2010] iehc 366 has rejected judicial review by mohammed abuissa justice’s grant him certificate of without

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Courts Service · 2010-07-01 · courts

High Court rules tax appeal must wait until commissioners decide the assessments

high court rules tax appeal must wait until commissioners decide the assessments rejected brendan o’rourke’s request to an interim ruling on validity of €15 million in while other grounds remained before commissioners. [2010] iehc 264 ruled that a taxpayer cannot decision by they determine against a

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Courts Service · 2010-07-01 · courts

Court of Criminal Appeal restructures 20-year sentence in child sexual abuse case

court of criminal appeal restructures 20-year sentence in child sexual abuse case the altered some individual terms but kept overall imposed on michael farrell for offences against three sisters. restructured farrell’s sisters, while leaving term unchanged. a judgment delivered 1 july 2010, dismisse

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Courts Service · 2010-07-01 · courts

Supreme Court says Gardaí could reasonably suspect horse cruelty before entering premises

supreme court says gardaí could reasonably suspect horse cruelty before entering premises the allowed director of public prosecutions’ appeal, ruling that evidence gave district judge a basis to find statutory threshold for warrantless entry had been met. an appeal by prosecutions, it was open reaso

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Courts Service · 2010-07-01 · courts

High Court refuses leave to challenge deportation order

high court refuses leave to challenge deportation order the extended deadline for an out-of-time application but found applicant had not shown substantial grounds judicial review of minister’s decision. [2010] iehc 268 refused o. a. seek a requiring him ireland and remain outside state. mr justice h

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Courts Service · 2010-07-01 · courts

High Court refuses to delay property dispute pending possible prosecution

high court refuses to delay property dispute pending possible prosecution the found no evidence that defendants would have give self-incriminating in civil hearing and refused their request adjourn it michaelmas term. [2010] iehc 263 has an application by two postpone a while criminal investigation

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