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Courts Service · 2010-10-29 · courts

Court refuses fresh evidence and retrial bid over son’s alleged drug confession

court refuses fresh evidence and retrial bid over son’s alleged drug confession the of criminal appeal ruled that a statement attributed to applicant’s son was hearsay could not be admitted as new evidence. it refused leave introduce retrial; bail request did arise. an his son, direct grant pending

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Courts Service · 2010-10-29 · courts

High Court gives Noel O’Connor 10 days to serve appeal notice in estate land dispute

high court gives noel o’connor 10 days to serve appeal notice in estate land dispute the found an arguable basis a circuit ruling over possession of kilkenny farm land, but did not decide who owns property. [2010] iehc 539 extended o’connor’s time against order concerning and bungalow county kilkenn

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Courts Service · 2010-10-29 · courts

Court awards civil servant €28,800 over Irish-language bonus marks in Brussels assignment competition

court awards civil servant €28,800 over irish-language bonus marks in brussels assignment competition the high found department failed to give fair notice that it would stop awarding proficiency a for temporary assignment. declared plaintiff’s legitimate expectation was infringed, but not have been

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Courts Service · 2010-10-29 · courts

High Court refuses leave to challenge counsel’s role at Moriarty Tribunal

high court refuses leave to challenge counsel’s role at moriarty tribunal two applicants argued that michael mcdowell’s past political and legal roles created an appearance of bias. the found their case was not arguable refused for judicial review. [2010] iehc 388 has denis o’brien dermot desmond se

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Courts Service · 2010-10-28 · courts

Supreme Court says redress award may be disclosed in child maintenance proceedings

supreme court says redress award may be disclosed in child maintenance proceedings the answered two questions referred by circuit family court: amount could for case, and had to consider it as a financial resource. did not decide application itself. ruled that of residential institutions board use p

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Courts Service · 2010-10-28 · courts

Court refuses Derek Wade leave to appeal murder and attempted robbery convictions

court refuses derek wade leave to appeal murder and attempted robbery convictions the of criminal rejected grounds pursued by wade, including challenges over fingerprints used support his arrest warrant trial judge’s directions jury. has refused for zhi song xiau wen zhou. judgment, delivered on 28

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Courts Service · 2010-10-28 · courts

Court refuses leave to appeal conviction in sexual assault case

court refuses leave to appeal conviction in sexual assault case the of criminal rejected applicant’s arguments about admission a child complainant’s recorded interviews and jury warning on uncorroborated evidence. has refused an application by michael o’brien for his several counts involving two dau

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Courts Service · 2010-10-28 · courts

High Court refuses certificate to appeal deportation judgment

high court refuses certificate to appeal deportation judgment the found proposed legal points did not raise issues of exceptional public importance. applicant had voluntarily returned nigeria after earlier judgment. [2010] iehc 374 refused an application for a its in judicial review case concerning

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Courts Service · 2010-10-27 · courts

High Court permits publication of redacted inquiry report on HSE’s handling of family case

high court permits publication of redacted inquiry report on hse’s handling family case the allowed public-interest grounds while imposing protections to preserve children’s anonymity and privacy. [2010] iehc 360 has permitted health service executive publish a into its family’s child-care case, con

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Courts Service · 2010-10-27 · courts

High Court says teacher repudiated settlement by withdrawing from inquiry

high court says teacher repudiated settlement by withdrawing from inquiry the held that defendant had not breached settlement, but recorded an ruling on complaints overlapping with criminal charges was incorrect to extent set out in earlier judgment. [2010] iehc 537 has ruled a agreement into allega

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Courts Service · 2010-10-27 · courts

High Court dismisses mother’s negligence action over son’s death after suicide attempt

high court dismisses mother’s negligence action over son’s death after suicide attempt the found no breach of duty in care provided by health service executive before michael orpen’s death. judgment records that case was brought on behalf his statutory dependants. [2010] iehc 410 dismissed a ellen a

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Courts Service · 2010-10-27 · courts

Supreme Court sends prison assault claim back for further hearing

supreme court sends prison assault claim back for further hearing the set aside a €40,000 high award and remitted case after finding that key evidence conflicts had not been properly addressed. court; to has prisoner who was seriously injured in knife attack at wheatfield prison, sent his hearing. a

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Courts Service · 2010-10-27 · courts

Supreme Court rejects bid to dismiss delayed pension claim

supreme court rejects bid to dismiss delayed pension claim the dismissed an appeal by boc gases ireland trustees, allowing edward hiney’s proceed and asking counsel seek early high trial date. has trustees of limited’s superannuation fund who sought have struck out for delay. said balance justice fa

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Courts Service · 2010-10-27 · courts

Criminal Appeal Court rejects challenge to conviction over jury breaks and witness questioning

criminal appeal court rejects challenge to conviction over jury breaks and witness questioning the dismissed an application for leave appeal, finding no material irregularity in trial or deliberations. of has gary hanley’s his assault causing harm threatening kill cause serious harm. rejected all fo

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Courts Service · 2010-10-22 · courts

High Court refuses leave to challenge asylum decision after nine-month delay

high court refuses leave to challenge asylum decision after nine-month delay the found no evidence that hampered refugee appeals tribunal or caused actual prejudice, and rejected applicant’s other challenges its credibility findings. [2010] iehc 514 {'name': 'high court'} refused an afghan national

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Courts Service · 2010-10-22 · courts

High Court refuses challenge to deportation order over HIV treatment and Nigeria return

high court refuses challenge to deportation order over hiv treatment and nigeria return the held that minister’s file note showed consideration of applicant’s hiv-related submissions evidence did not establish a basis quash order. [2010] iehc 372 has refused an application for judicial review challe

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Courts Service · 2010-10-22 · courts

High Court refuses mother and daughter leave to challenge deportation orders

high court refuses mother and daughter leave to challenge deportation orders the found no substantial grounds minister’s conclusion that nigeria would not breach statutory prohibition on refoulement. [2010] iehc 512 refused a daughter’s application for seek judicial review of made against them, find

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Courts Service · 2010-10-22 · courts

High Court refuses leave to challenge Nigerian asylum decision

high court refuses leave to challenge nigerian asylum decision mr justice ryan ruled that the applicant had not shown substantial grounds review refugee appeals tribunal’s refusing her declaration. [2010] iehc 513 has refused an bring judicial proceedings over a tribunal she should be declared refug

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Courts Service · 2010-10-22 · courts

High Court allows waste firm to defend Dublin wall damage claim

high court allows waste firm to defend dublin wall damage claim the set aside a default judgment on strict terms, including keeping €18,066.25 lodged in and requiring defence within one week. [2010] iehc 387 allowed nurendale limited, trading as panda services, by eugene o’connor over alleged at st

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Courts Service · 2010-10-20 · courts

High Court dismisses contempt application and reverses McKenzie friend appointment

high court dismisses contempt application and reverses mckenzie friend appointment a 2010 ruling dismissed an over shortfall in interim maintenance, refused request for taxi meter left one possible referral question adjourned. [2010] iehc 417 the to commit husband reversed circuit order appointing h

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Courts Service · 2010-10-19 · courts

Sudanese applicant granted leave to challenge refugee appeal decision

sudanese applicant granted leave to challenge refugee appeal decision the high court extended time limit and allowed a judicial review application proceed on specified grounds, while rejecting separate based an alleged factual mistake. [2010] iehc 405 seek of refusing her status, finding substantial

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Courts Service · 2010-10-19 · courts

High Court rejects challenges to PIAB legal-fee decisions

high court rejects challenges to piab legal-fee decisions two applicants challenged the personal injuries assessment board’s on legal fees in their injury claims. found no basis invalidate either decision. [2010] iehc 516 has rejected judicial review applications challenging solicitors’ applicants,

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Courts Service · 2010-10-18 · courts

Court refuses appeal certificate over missing witness and trial publicity

court refuses appeal certificate over missing witness and trial publicity the of criminal said neither proposed legal question arose from its earlier decision refused to certify either for supreme court. christopher griffin’s application a allowing an absent judge’s comments about media coverage. wa

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Courts Service · 2010-10-15 · courts

High Court refuses leave to challenge deportation orders after assessing reasons and delay

high court refuses leave to challenge deportation orders after assessing reasons and delay the found minister’s reports gave a rationale for non-refoulement assessments, allowed son extra time bring proceedings, but refused mother’s extension of more than four years. [2010] iehc 509 an application s

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Courts Service · 2010-10-15 · courts

High Court refuses leave to challenge rejection of Cameroonian asylum claim

high court refuses leave to challenge rejection of cameroonian asylum claim the found no substantial ground for judicial review refugee appeals tribunal’s decision, while noting that one medical report could have been addressed more directly. [2010] iehc 511 refused bring proceedings against a decis

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Courts Service · 2010-10-15 · courts

High Court dismisses leave bid over asylum appeal decision

high court dismisses leave bid over asylum appeal decision the found no substantial ground to grant for judicial review, despite an accepted 19-month delay and tribunal’s incorrect naming of applicant’s country origin. [2010] iehc 362 dismissed application seek review a refugee appeals tribunal refu

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Courts Service · 2010-10-14 · courts

High Court dismisses challenge to negative asylum report

high court dismisses challenge to negative asylum report the rejected a statutory finding about delayed application and internal relocation, while clarifying separate role of minister in deciding refugee status. [2010] iehc 361 dismissed z. d. y.’s for judicial review report, that applications commi

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Courts Service · 2010-10-14 · courts

High Court seeks more information before deciding surrender on Polish sentence warrant

high court seeks more information before deciding surrender on polish sentence warrant the ordered under a separate warrant, but requested further whether respondent had fled poland serving remainder of robbery sentence. [2010] iehc 401 has from authorities man can be surrendered to serve it did not

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Courts Service · 2010-10-14 · courts

High Court orders surrender of two respondents to Poland over alleged fraud

high court orders surrender of two respondents to poland over alleged fraud the rejected arguments that delay and effect on respondents’ family made disproportionate. judgment concerns separate european arrest warrants for same offence. [2010] iehc 402 has ordered sought prosecution fraud, ruling th

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Courts Service · 2010-10-12 · courts

High Court refuses challenge to Wicklow equestrian centre enforcement notice

high court refuses challenge to wicklow equestrian centre enforcement notice the declined decide whether centre’s all-weather gallops were exempt from planning permission, saying statutory declaration process was appropriate route. [2010] iehc 356 has refused devils glen limited’s application for ju

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Courts Service · 2010-10-12 · courts

Court of Criminal Appeal upholds dismissal of four drug charges over warrant error

court of criminal appeal upholds dismissal four drug charges over warrant error the refused director public prosecutions’ appeal, finding that warrant’s description its signatory as a district judge was fundamental error. has against charges, search in judgment delivered by macken j on 12 october 20

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Courts Service · 2010-10-12 · courts

High Court orders Marcon Developments into court-supervised winding-up

high court orders marcon developments into court-supervised winding-up the appointed an independent official liquidator after finding company’s finances and corporate structure required extensive investigation. [2010] iehc 373 has ordered to be wound up under supervision pearse farrell as its liquid

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Courts Service · 2010-10-11 · courts

High Court declines music companies’ injunction against UPC over online piracy

high court declines music companies’ injunction against upc over online piracy the found copyright infringement on upc’s network and said an was merited facts, but held that irish law did not empower it to order blocking, diversion or interruption of transmissions. [2010] iehc 377 court, commercial

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Courts Service · 2010-10-08 · courts

High Court strikes out Talbot’s claims against solicitor and union

high court strikes out talbot’s claims against solicitor and union mr justice hanna struck proceedings mccann fitzgerald solicitors unite the as unsustainable, frivolous vexatious. he declined to bar future or declare issues res judicata; aviva’s application was adjourned generally. [2010] iehc 383

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Courts Service · 2010-10-08 · courts

High Court rejects union challenge to pension levy on Central Bank staff

high court rejects union challenge to pension levy on central bank staff the upheld minister for finance’s refusal exempt and financial services authority employees from 2009 deductions, dismissed constitutional eu law challenges. [2010] iehc 354 a judicial review brought by unite its senior executi

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Courts Service · 2010-10-08 · courts

High Court dismisses privacy and defamation claims over Sunday World articles

high court dismisses privacy and defamation claims over sunday world articles the found photographs did not breach word “whore”, in context, was vulgar abuse rather than defamation. judge criticised newspaper’s journalism while dismissing claims. [2010] iehc 349 dismissed by ruth hickey her infant s

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Courts Service · 2010-10-08 · courts

High Court says Superquinn must reopen Dundalk store under lease

high court says superquinn must reopen dundalk store under lease the found had not established grounds to avoid a keep-open clause, but said did require it trade name. damages and final orders remained outstanding. [2010] iehc 498 ruled that bound by obligation its supermarket, after finding alleged

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Courts Service · 2010-10-08 · courts

High Court grants leave on two grounds in Belarusian asylum challenge

high court grants leave on two grounds in belarusian asylum challenge the allowed applicant to pursue judicial review arguments about a factual error refugee appeals tribunal’s decision and its treatment of country information. other were rejected at this stage. [2010] iehc 510 has granted an seek r

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Courts Service · 2010-10-08 · courts

High Court rejects delay objection and orders surrender to UK

high court rejects delay objection and orders surrender to uk the rejected a challenge based on timing of european arrest warrant ordered trevor adrian davies’s for prosecution in united kingdom. [2010] iehc 352 has kingdom under warrant, rejecting his that authorities waited until irish prison sent

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Courts Service · 2010-10-07 · courts

High Court grants leave to challenge approval of tree-planting plan in Dalkey

high court grants leave to challenge approval of tree-planting plan in dalkey the found that a neighbour had substantial interest and raised grounds for judicial review. it did not decide whether planning authority’s was lawful. [2010] iehc 385 has granted homeowner bring review proceedings over dun

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Courts Service · 2010-10-07 · courts

High Court restrains Bellewstown quarry after finding its use unauthorised

high court restrains bellewstown quarry after finding its use unauthorised the found had not operated before 1964, that later quarrying periods were interrupted, and current operation was a new development. it ordered company to stop using land as quarry, with consequential orders left for further h

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Courts Service · 2010-10-07 · courts

High Court grants leave to challenge refugee appeal decision

high court grants leave to challenge refugee appeal decision the found substantial grounds review whether a rape risk in liberia and minor applicant’s separate claim were adequately considered. it did not decide applicants’ claims. [2010] iehc 357 has granted mother her daughter seek judicial of app

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Courts Service · 2010-10-07 · courts

High Court refuses leave to challenge refusal to revoke Kenyan man’s deportation order

high court refuses leave to challenge refusal revoke kenyan man’s deportation order the found no arguable case that minister’s was unlawful in light of changed circumstances put forward, including applicant’s relationship and expected child. [2010] iehc 351 refused an ex parte application for seek j

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Courts Service · 2010-10-06 · courts

High Court refuses bid to stop burglary prosecution over lost CCTV

high court refuses bid to stop burglary prosecution over lost cctv the found missing footage did not establish a real risk of an unfair trial and refused prohibition. it made no finding on applicant’s guilt. [2010] iehc 506 has application by dean spellman prohibit his alleged at d.i.d. electrical i

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Courts Service · 2010-10-05 · courts

High Court awards €124,000 after setting aside gift by elderly woman

high court awards €124,000 after setting aside gift by elderly woman the found that a presumption of undue influence over mary bourke had not been rebutted and bank ireland failed to enquire into her capacity before processing transaction. [2010] iehc 348 ordered george pauline o’donnell ireland, jo

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Courts Service · 2010-10-04 · courts

High Court refuses leave to challenge rejection of Somali asylum claim

high court refuses leave to challenge rejection of somali asylum claim the found no substantial grounds bring judicial review refugee appeals tribunal’s decision, which had upheld a recommendation against status. [2010] iehc 344 has refused an applicant seek tribunal decision upholding his applicati

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Courts Service · 2010-10-04 · courts

High Court rejects doctor’s negligence claim over urine assault at Tullamore Garda station

high court rejects doctor’s negligence claim over urine assault at tullamore garda station the found state defendants owed independent contractor a duty of care, but ruled was not reasonably foreseeable and refused relief sought. [2010] iehc 389 has against after man charged with drink-driving threw

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Courts Service · 2010-10-04 · courts

High Court declares Garda account-freezing power unconstitutional

high court declares garda account-freezing power unconstitutional the held that lacked safeguards for fair procedures and property rights, declared 2008 direction invalid. whether company can claim damages was left unresolved. [2010] iehc 525 a statutory used to freeze two vehicle tech limited bank

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Courts Service · 2010-10-01 · courts

High Court refuses leave to challenge Nigerian man’s deportation order

high court refuses leave to challenge nigerian man’s deportation order the found no substantial ground review minister’s decision, despite an acknowledged error about a suspended prison sentence. it also refused injunction and did not decide whether extend filing deadline. [2010] iehc 343 applicatio

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Courts Service · 2010-10-01 · courts

High Court rejects challenge to passport requirement for EU family-member residence card

high court rejects challenge to passport requirement for eu family-member residence card the refused judicial review after finding that a valid was required before non-eu family member could receive card. [2010] iehc 341 an iranian national produce receiving card, despite his reliance on identity do

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