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Courts Service · 2010-12-21 · courts

High Court refuses Star Homes challenge over €69,850 pension benefit determination

high court refuses star homes challenge over €69,850 pension benefit determination the held that pensions ombudsman was entitled to decide complaint without an oral hearing and refused homes’ judicial review application. [2010] iehc 463 has (midleton) limited’s application quash a requiring company

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Courts Service · 2010-12-21 · courts

Supreme Court allows Tara Mines pension deed to be rectified

supreme court allows tara mines pension deed to be rectified the held that 1999 did not reflect company and trustee’s shared intention on integration granted amendment sought appeal. [2010] iesc 62 allowed boliden limited’s appeal an order rectifying governing plan. excludes plan members who were re

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Courts Service · 2010-12-21 · courts

Supreme Court refuses UK surrender over defects in arrest warrant

supreme court refuses uk surrender over defects in arrest warrant the found conflicting descriptions of three charges and inadequate particulars for a fourth, declined to order appellant’s surrender. refused james anthony tighe united kingdom, finding that european contained serious conflict about d

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Courts Service · 2010-12-21 · courts

High Court finds Brian Rhatigan had capacity to make 2005 will

high court finds brian rhatigan had capacity to make 2005 will the determined three issues in a dispute over will, including that knew and approved its contents. other proceedings remain for further submissions. [2010] iehc 475 has found testamentary when he signed his on 19 may 2005, despite severe

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Courts Service · 2010-12-21 · courts

High Court stays employee’s damages case pending tribunal decision

high court stays employee’s damages case pending tribunal decision the allowed separate and employment appeals claims to proceed, subject separating their issues preventing double recovery. 2010 iehc 540 has stayed a former until decides whether she suffered financial loss from her dismissal. held t

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Courts Service · 2010-12-21 · courts

Supreme Court rejects challenge to theft conviction despite unlawful detention finding

supreme court rejects challenge to theft conviction despite unlawful detention finding the held that a delay in charging oliver whelton breached statutory requirement charge “forthwith”, but breach did not remove district court’s jurisdiction or invalidate his conviction. dismissed whelton’s appeal

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Courts Service · 2010-12-21 · courts

High Court bars renewed claims over 2008–09 detention, strikes out new leave application

high court bars renewed claims over 2008–09 detention, strikes out new leave application the dismissed an concerning alleged 2010 saying affidavit gave too little detail to justify a broader restriction. it warned that litigation earlier detention could bring wider consequences. [2010] iehc 473 has

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Courts Service · 2010-12-21 · courts

High Court rejects challenge to planning refusal and open-space zoning, with house issue still to be heard

high court rejects challenge to planning refusal and open-space zoning, with house issue still be heard the dismissed relief sought by ken mahon over development plans affecting privately owned land in bishopstown, but left open whether zoning dwelling its curtilage was appropriate or proportionate.

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Courts Service · 2010-12-21 · courts

High Court refuses challenge to remand over suspended sentence

high court refuses challenge to remand over suspended sentence the held that district was required applicant circuit after his conviction, and refused judicial review relief. [2010] iehc 482 has an application quash a connected with previously prison sentence, holding by law while awaited for new co

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Courts Service · 2010-12-21 · courts

Court found heroin sentence unduly lenient but let it stand

court found heroin sentence unduly lenient but let it stand the of criminal appeal allowed dpp’s review application over an eight-year sentence, six years suspended, declined to order respondent back prison in exceptional circumstances. director public prosecutions’ as imposed on edward anthony farr

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Courts Service · 2010-12-21 · courts

Supreme Court dismisses appeal over Cork cashier’s theft conviction

supreme court dismisses appeal over cork cashier’s theft conviction the held that any defect in rearrest did not remove district court’s jurisdiction, and cctv complaint justify quashing his conviction. has dismissed an by oliver whelton against refusal to quash for theft, finding had jurisdiction t

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Courts Service · 2010-12-21 · courts

High Court refuses quarry operator’s challenge to Galway planning decision

high court refuses quarry operator’s challenge to galway planning decision the found city council relied on three irrelevant considerations when refusing an extension, but upheld its conclusion that quarry’s completion within a reasonable time was not established. [2010] iehc 479 refused lackagh qua

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Courts Service · 2010-12-20 · courts

Criminal Appeal Court rejects Stephen Delaney’s appeal over murder conviction

criminal appeal court rejects stephen delaney’s over murder conviction the upheld trial judge’s limits on provocation defence and rejected two further challenges concerning a witness interview video prosecution’s closing address. of against his conviction, finding no error in decision to limit put b

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Courts Service · 2010-12-17 · courts

High Court rejects landlord’s claim over disputed rent reduction and termination clause

high court rejects landlord’s claim over disputed rent reduction and termination clause the found no repudiatory breach by tenant, allowed at reviewed lease rate up to termination, refused other requested relief. tenant’s new-tenancy any arrears remained for further directions. [2010] iehc 455 court

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Courts Service · 2010-12-17 · courts

High Court dismisses woman’s claim over leg injury at Garda station

high court dismisses woman’s claim over leg injury at garda station the was not satisfied that a kicked plaintiff as she alleged, finding her account of brief struggle difficult to accept. [2010] iehc 460 has dismissed action alleging assaulted and caused serious harcourt street in dublin july 2008.

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Courts Service · 2010-12-17 · courts

High Court orders withdrawal of refugee status revocation

high court orders withdrawal of refugee status revocation the allowed an appeal against minister’s decision, finding that criminal convictions alone did not show appellant had ceased to be a refugee. [2010] iehc 458 has directed minister for justice, equality and law reform withdraw decision revokin

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Courts Service · 2010-12-17 · courts

High Court refuses appeal certificate in deportation review case

high court refuses appeal certificate in deportation review case the said proposed raised no qualifying point of exceptional importance and would serve public interest purpose. [2010] iehc 457 has refused applicants a to supreme over its earlier refusal grant leave for judicial challenging order. ap

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Courts Service · 2010-12-16 · courts

High Court refuses challenge to €3m arbitration award over Louisburgh land

high court refuses challenge to €3m arbitration award over louisburgh land the refused remit or set aside award, declined extend time for and gave landowners liberty enforce it. [2010] iehc 477 has patrick corrigan’s an requiring him pay michael thomas durkan €3 million in louisburgh, co mayo. it al

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Courts Service · 2010-12-16 · courts

High Court dismisses Polish man’s challenge to detention pending surrender

high court dismisses polish man’s challenge to detention pending surrender the rejected an article 40 complaint alleging that language barriers and handling of a prison-conditions objection made his unlawful. it dismissed application in limine without ordering further inquiry. [2010] iehc 493 by alb

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Courts Service · 2010-12-16 · courts

High Court awards €150,000 in dispute over Longford nightclub access

high court awards €150,000 in dispute over longford nightclub access the rejected owner’s claimed rights a yard and archway, but awarded damages rather than an injunction set conditions for emergency access. [2010] iehc 459 james victory yvonne leavy after finding that galhoy inns limited had no est

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Courts Service · 2010-12-15 · courts

High Court refuses leave to challenge refusal to revoke deportation order

high court refuses leave to challenge refusal revoke deportation order the found family had not shown an arguable case that minister’s decision was unlawful or disproportionate. [2010] iehc 521 refused a family’s application for bring judicial review proceedings challenging against one of applicants

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Courts Service · 2010-12-15 · courts

High Court rejects challenge to subsidiary protection application rules

high court rejects challenge to subsidiary protection application rules the held that 2006 regulations lawfully require an asylum be refused before a person can apply for protection. [2010] iehc 489 has rejected h.n.’s judicial review requiring claim must considered. mr justice ryan delivered judgme

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Courts Service · 2010-12-15 · courts

High Court refuses leave to challenge refusal to revoke deportation orders

high court refuses leave to challenge refusal revoke deportation orders the found no arguable case that minister failed properly consider a request against mother and her three children. [2010] iehc 520 refused children bring judicial review proceedings over minister’s their nigeria. hearing took pl

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Courts Service · 2010-12-14 · courts

High Court rules Roche may retain soil used in Clarecastle landfill works

high court rules roche may retain soil used in clarecastle landfill works the found obtained good title to supplied by milltown and dismissed roger o’mahony intrinsic developments’ counterclaim. it also ordered an injunction against specified written allegations of wrongdoing. [2010] iehc 491 ruled

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Courts Service · 2010-12-14 · courts

High Court refuses surrender in Belgian arrest warrant case

high court refuses surrender in belgian arrest warrant case the found insufficient to support for listed offences, while leaving several other objections undecided. [2010] iehc 468 refused an application noel mcphillips belgium under a european warrant, finding that and further information did not p

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Courts Service · 2010-12-13 · courts

High Court refuses leave to challenge father’s deportation order

high court refuses leave to challenge father’s deportation order the held that immigration act 1999 did not let minister set a shorter exclusion period within order. [2010] iehc 492 refused family’s application for seek judicial review of against nigerian father, holding required person subject such

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Courts Service · 2010-12-13 · courts

High Court agrees to assist US trustee in Irish bankruptcy

high court agrees to assist us trustee in irish bankruptcy the held that it had inherent jurisdiction aid proceedings and said would make order sought, including assistance concerning assets. [2010] iehc 546 of ireland has agreed a united states dealing with assets david k. drumm, holding an proceed

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Courts Service · 2010-12-10 · courts

High Court dismisses boiler payment claim after finding inordinate delay

high court dismisses boiler payment claim after finding inordinate delay the found that a ten-year-old by rodenhuis and verloop b.v. had been delayed without adequate explanation, causing material prejudice to hds energy limited. [2010] iehc 465 has dismissed proceedings brought against limited, in

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Courts Service · 2010-12-10 · courts

High Court refuses to restore Drogheda woman’s former home to her estate

high court refuses to restore drogheda woman’s former home her estate the found that woman remained a joint tenant when husband died, but declined rectify register because later purchaser and bank were protected as bona fide purchasers for value. it left damages arising from defendants’ mistake furt

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Courts Service · 2010-12-10 · courts

High Court refuses Burke’s request for more detail in defamation case

high court refuses burke’s request for more detail in defamation case the held that newspaper’s defence already set out burke had to meet broad outline. ruling concerned a particulars, not whether allegations were true. [2010] iehc 447 has refused joseph application compel associated newspapers (ire

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Courts Service · 2010-12-10 · courts

High Court quashes refusal of family reunification for Somali refugee’s mother and sister

high court quashes refusal of family reunification for somali refugee’s mother and sister the found minister’s reasons refusing permission did not address medical evidence about applied wrong legal test to dependency. it remitted applications a fresh decision. [2010] iehc 446 has quashed minister ju

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Courts Service · 2010-12-10 · courts

High Court dismisses rape complainant’s claim over unlawful arrest

high court dismisses rape complainant’s claim over unlawful arrest the rejected negligence and constitutional damages claims, finding no duty of care in gardaí’s bona fide conduct a criminal investigation. it separately accepted that limitation time could not start before complainant learned error.

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Courts Service · 2010-12-10 · courts

High Court quashes Carrickmines zoning change and sends issue back to council

high court quashes carrickmines zoning change and sends issue back to council the set aside a resolution part of its development plan that changed lands objective e, then directed resume process from before first ministerial direction. [2010] iehc 454 has quashed dún laoghaire rathdown county changi

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Courts Service · 2010-12-10 · courts

High Court refuses challenge to Lourdes Hospital redress decision over delay

high court refuses challenge to lourdes hospital redress decision over delay the found no want of fair procedures and held that a nine-month in seeking judicial review was not reasonably explained. [2010] iehc 444 has refused anne weldon’s application for board her case eligible be considered under

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Courts Service · 2010-12-09 · courts

Supreme Court upholds dismissal of breath-test refusal charge after solicitor access was denied

supreme court upholds dismissal of breath-test refusal charge after solicitor access was denied the ruled that district judge entitled to dismiss on particular facts case, where a garda refused request for legal advice based mistaken understanding procedure. [2010] iesc 60 has upheld against paul mc

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Courts Service · 2010-12-08 · courts

High Court refuses challenge to Board’s refusal of Kinvara housing scheme

high court refuses challenge to board’s refusal of kinvara housing scheme the held that an bord pleanála could rely on galway county council’s formal acknowledgment when assessing appeal, without investigating whether objectors’ submission was late. [2010] iehc 431 has refused a developer’s judicial

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Courts Service · 2010-12-07 · courts

High Court rules asphalt and concrete plant parts may qualify for rateability exemption

high court rules asphalt and concrete plant parts may qualify for rateability exemption on two case stated appeals, the held that valuation tribunal had misinterpreted statutory exclusion by focusing only mixing pans. it answered no to both questions of law; judgment does not itself set new rateable

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Courts Service · 2010-12-07 · courts

High Court grants leave to challenge asylum appeal decisions on two grounds

high court grants leave to challenge asylum appeal decisions on two grounds the extended filing deadline and allowed a judicial review proceed, while rejecting applicants’ proposed factual-error ground making no ruling underlying claims. [2010] iehc 439 has granted g. v. another applicant seek of re

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Courts Service · 2010-12-07 · courts

High Court rejects challenge to refusal to revoke deportation order

high court rejects challenge to refusal revoke deportation order the held that minister had considered position of an irish citizen child informally cared for by applicants, and refused judicial review decision keep in force. [2010] iehc 433 has a minister’s not against unsuccessful asylum seeker fr

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Courts Service · 2010-12-07 · courts

High Court rejects bid to halt Wicklow waste case over discovery failures

high court rejects bid to halt wicklow waste case over discovery failures the found that county council had neglected make proper discovery, causing likely prejudice two defendants, but said a fair trial could still proceed. [2010] iehc 464 of ireland has rejected applications by brownfield restorat

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Courts Service · 2010-12-07 · courts

High Court enters €171,399.94 judgment against guarantors in Londis dispute

high court enters €171,399.94 judgment against guarantors in londis dispute the rejected five proposed grounds for defending adm plc’s claim on a business guarantee and ordered with interest from 29 may 2009. [2010] iehc 432 entered plc €171,399.94, plus courts act 2009, stephen gibson tanya over co

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Courts Service · 2010-12-03 · courts

High Court allows Sandy Lane Hotel company to replace named plaintiff

high court allows sandy lane hotel company to replace named plaintiff the found original was by bona fide mistake and allowed its barbados subsidiary take place in libel action. it did not decide whether claim time-barred. [2010] iehc 443 has co. limited as a action against times newspapers journali

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Courts Service · 2010-12-03 · courts

High Court dismisses challenge to refugee appeal decision

high court dismisses challenge to refugee appeal decision the found tribunal had considered and rejected applicant’s claim bhutanese nationality when it assessed his on basis that he was stateless nepal former habitual residence. [2010] iehc 438 dismissed a judicial review 2007 of appeals tribunal,

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Courts Service · 2010-12-03 · courts

High Court allows bank to enter final judgment over €2.67m loan

high court allows bank to enter final judgment over €2.67m loan the defendants acknowledged debt but argued it was not yet due. found no reasonable prospect of establishing a bona fide defence bank’s summary application. [2010] iehc 478 has given acc plc liberty against pat flynn and helen mcgardle

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Courts Service · 2010-12-01 · courts

High Court confirms revocation of refugee status after undisclosed UK asylum claim

high court confirms revocation of refugee status after undisclosed uk asylum claim the statutory appeal concerned a based on alleged false or misleading information. heard evidence about application that had not been disclosed to irish authorities and rejected appeal. [2010] iehc 436 has an by ilirj

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