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Courts Service · 2011-01-31 · courts

High Court awards €775,478 to man with severe burns and vCJD exposure fears

high court awards €775,478 to man with severe burns and vcjd exposure fears the assessed damages for established burn injuries related distress, but said it could not compensate possibility that plaintiff may later develop vcjd. [2011] iehc 88 at a who suffered in workplace accident learned blood pr

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Courts Service · 2011-01-31 · courts

High Court orders release of Egyptian man arrested minutes before planned Cavan marriage

high court orders release of egyptian man arrested minutes before planned cavan marriage [2011] iehc 32 the ordered immediate an who was shortly he due to marry a lithuanian woman at civil ceremony in cavan. mahmoud elmorsy ads had unsuccessfully sought asylum and subject deportation order issued no

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Courts Service · 2011-01-28 · courts

High Court confirmed pharmacy rescue schemes after examiner immunity clause removed

high court confirmed pharmacy rescue schemes after examiner immunity clause removed the also required to give revenue priority from a recovery fund until it received same percentage payment as other unsecured creditors. [2011] iehc 28 amended for michael mcloughlin (pharmacy) limited and sundrive di

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Courts Service · 2011-01-28 · courts

High Court orders decision on delayed residence-card review within 28 days

high court orders decision on delayed residence-card review within 28 days the left original refusal in place but directed minister to decide applicants’ administrative review. [2011] iehc 29 has ordered for justice an of a issue moroccan man eu residence card. did not overturn or order that card be

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Courts Service · 2011-01-28 · courts

High Court orders woman’s surrender to Czech Republic on two warrants

high court orders woman’s surrender to czech republic on two warrants the found that family and health concerns did not outweigh authorities’ right have her serve sentences imposed for offences committed in 1994 1995. [2011] iehc 36 ordered of vera dunkova under european arrest warrants, after findi

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Courts Service · 2011-01-28 · courts

High Court quashes deportation decision over missing reasons on children’s rights

high court quashes deportation decision over missing reasons on children’s rights the ordered minister to reconsider a nigerian father’s case, finding that did not explain how submissions about conditions in nigeria had been considered assessing his irish citizen rights. [2011] iehc 78 has quashed m

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Courts Service · 2011-01-28 · courts

High Court grants Zurich Bank €8.16m summary judgment against Seafield partners

high court grants zurich bank €8.16m summary judgment against seafield partners the defendants argued that their loan was intended to be non-recourse, but found no arguable defence bank’s claim under written facility terms. [2011] iehc 26 court, commercial has granted for €8,157,545.06 five trading

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Courts Service · 2011-01-27 · courts

High Court rejects Larkins’ claim to adverse possession of Galway commonage

high court rejects larkins’ claim to adverse possession of galway commonage the found defendants had not proved exclusive claimed land, but left open whether make a restricted order and invited further submissions. [2011] iehc 549 has rejected by gerald larkin quarries limited have title owner seamu

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Courts Service · 2011-01-26 · courts

High Court awards €212,608 after 2006 crash left passenger unable to return to former job

high court awards €212,608 after 2006 crash left passenger unable to return former job the defendant admitted liability, leaving assess damages. award included past and future earnings losses compensation for pain suffering. [2011] iehc 35 awarded michelle murphy (née condon) in damages a road novem

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Courts Service · 2011-01-26 · courts

High Court orders share buyout after finding oppression in Rollville’s affairs

high court orders share buyout after finding oppression in rollville’s affairs the found that rollville limited’s co-director transferred company funds without petitioner’s knowledge and made other oppressive transactions. it ordered him to buy her shares at a price based on half company’s value, su

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Courts Service · 2011-01-26 · courts

High Court rules Limerick bus corridor required public consultation

high court rules limerick bus corridor required public consultation the held that ballinacurra road project was subject to statutory requirements, rejected council’s maintenance exemption argument and proposed grant declaratory relief. [2011] iehc 27 ruled city council carry out a procedure before p

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Courts Service · 2011-01-25 · courts

Supreme Court dismisses appeal against a fourth trial in indecent-assault case

supreme court dismisses appeal against a fourth trial in indecent-assault case justice hardiman said could be justified only extremely rare circumstances, but the argued that was automatically an abuse of process. delay and money-demand letter were not included formal grounds. dismissed a.p.’s decis

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Courts Service · 2011-01-25 · courts

Supreme Court rejects rule barring a fourth trial in A.P. case

supreme court rejects rule barring a fourth trial in a.p. case the dismissed a.p.’s appeal, ruling that is not automatically prohibited. any further would still have to be fair, and judgment did decide whether one constitutional all circumstances. has appeal against high refusal prevent possible on

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Courts Service · 2011-01-25 · courts

Supreme Court dismisses bid to stop fourth trial in Waterford assault case

supreme court dismisses bid to stop fourth trial in waterford assault case the held that appellant had not shown another would be oppressive or unfair. it did rule on whether earlier jury discharges were correct. has dismissed an appeal by a person charged with 14 counts of indecent assault, refusin

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Courts Service · 2011-01-25 · courts

High Court grants leave to challenge asylum decisions despite 14-day time limit

high court grants leave to challenge asylum decisions despite 14-day time limit the held that statutory could not bar applicants’ claim insofar as it relied on alleged failures comply with eu procedures directive. granted for judicial review basis. [2011] iehc 37 a mother and her two children seek o

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Courts Service · 2011-01-25 · courts

Supreme Court urges clear grounds in judicial review cases

supreme court urges clear grounds in judicial review cases a judgment dated 25 january 2011, chief justice murray agreed with two other judgments and their proposed orders, then addressed how parties should define raise for review. the has stressed that proceedings state clearly precisely remedies t

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Courts Service · 2011-01-25 · courts

High Court awards €374,047 over Galway development defects

high court awards €374,047 over galway development defects liability was admitted in a contractual claim structural failure at woodquay development. the assessed damages and awarded plaintiffs costs equivalent to two half days. [2011] iehc 23 properties limited thomas f. kearney after assessing loss

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Courts Service · 2011-01-25 · courts

High Court refuses release bid by woman detained under deportation order

high court refuses release bid by woman detained under deportation order justice hogan found the was not entitled to three months’ notice before and that arresting officer had reasonable cause arrest her. he refused her article 40.4 application for release. [2011] iehc 24 has an a order, finding law

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Courts Service · 2011-01-21 · courts

High Court orders woman not to re-enter former Clontarf home

high court orders woman not to re-enter former clontarf home the granted an injunction after finding that sale of had completed and owner’s return was trespass. it dismissed her counterclaim, while acknowledging serious delays in resolving title documents for apartment she bought. [2011] iehc 21 pat

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Courts Service · 2011-01-21 · courts

High Court awards half of estate to daughter with severe epilepsy

high court awards half of estate to daughter with severe epilepsy the found testator failed make proper provision for his and directed that estate’s net assets be converted cash divided among four beneficiaries. [2011] iehc 22 has a father in moral duty daughter, who cannot manage her own affairs. i

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Courts Service · 2011-01-21 · courts

High Court blocks deportation pending leave decision in Afghan convert case

high court blocks deportation pending leave decision in afghan convert case the found serious issues to be tried over minister’s assessment of an applicant’s claimed conversion christianity and risk on return. injunction is temporary does not decide underlying case. [2011] iehc 16 granted interlocut

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Courts Service · 2011-01-21 · courts

High Court dismisses patient’s claims over two operations

high court dismisses patient’s claims over two operations the found evidence did not establish negligence in either 2004 laparoscopy or later open surgery for an ectopic pregnancy. [2011] iehc 52 dismissed sonia laycock’s against a consultant obstetrician and gynaecologist hospital’s governing body

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Courts Service · 2011-01-21 · courts

High Court allows constitutional challenge to be added to deportation case

high court allows constitutional challenge to be added deportation case the permitted a late amendment challenging judicial review rules under constitution, but refused an relying on eu charter. [2011] iehc 31 has allowed two children and their mother add in proceedings concerning orders. it separat

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Courts Service · 2011-01-21 · courts

High Court reopens McInerney examinership issue for further evidence on NAMA loans

high court reopens mcinerney examinership issue for further evidence on nama loans the said new material could affect its earlier refusal to confirm proposed scheme, but made no final decision unfair prejudice or whether a receivership would proceed. [2011] iehc 25 reopened part of mcinerney’s proce

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Courts Service · 2011-01-21 · courts

High Court rejects claim to £400,000 in disputed business settlement funds

high court rejects claim to £400,000 in disputed business settlement funds the was not satisfied that sean mackin had shown money held trust for him. it left terms of resulting orders a later hearing. [2011] iehc 20 rejected mackin’s sterling paid into used meet john mccann’s obligations under with

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Courts Service · 2011-01-20 · courts

High Court finds no duty of care owed to woman over handling of rape complaint

high court finds no duty of care owed to woman over handling rape complaint the decided a preliminary issue in damages claim arising from investigation and prosecution made when plaintiff was 12. it found for defendants’ investigatory or prosecutorial functions did not decide whether time-barred. [2

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Courts Service · 2011-01-20 · courts

High Court refuses Goode Concrete’s bid to restrain rivals’ pricing

high court refuses goode concrete’s bid to restrain rivals’ pricing the declined interlocutory relief, finding insufficient evidence that damages would be inadequate if concrete later succeeded at trial. it did not decide underlying competition allegations. [2011] iehc 15 has refused application for

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Courts Service · 2011-01-18 · courts

High Court orders surrender on one Polish warrant, rejects correspondence on another

high court orders surrender on one polish warrant, rejects correspondence another the found that warrant disclosed conduct corresponding to perverting course of justice, but allegations in a separate lacked information needed establish offences ireland. [2011] iehc 12 ordered marek marciszewski pola

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Courts Service · 2011-01-18 · courts

High Court strikes out hearing-loss claim after decades of delay

high court strikes out hearing-loss claim after decades of delay the found in a former defence forces member’s case inordinate and inexcusable, held that age impaired administration justice. [2011] iehc 11 has struck against state, ruling bringing pursuing was inexcusable its made fair trial impossi

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Courts Service · 2011-01-18 · courts

High Court sets aside renewed summons and strikes out 1997 swimming-camp case

high court sets aside renewed summons and strikes out 1997 swimming-camp case the cited years of unexplained inactivity prejudice to irish amateur swimming association. underlying allegations were not tried. [2011] iehc 10 set an order renewing a against olympic council ireland struck proceedings as

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Courts Service · 2011-01-17 · courts

High Court dismisses appeal over solicitor misconduct finding

high court dismisses appeal over solicitor misconduct finding the upheld solicitors disciplinary tribunal’s that complaints against a did not establish professional misconduct. [2011] iehc 18 has dismissed an had committed was brought by dermot tighe decision of 9 april 2009 concerning respondent jo

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Courts Service · 2011-01-17 · courts

High Court dismisses appeal over solicitor misconduct complaint

high court dismisses appeal over solicitor misconduct complaint the upheld solicitors disciplinary tribunal’s conclusion that no prima facie case of had been made out against solicitor. [2011] iehc 19 has dismissed thomas sweeney’s a tribunal decision his solicitor, anthony hanahoe. in judgment deli

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Courts Service · 2011-01-17 · courts

High Court dismisses petition to wind up La Plagne

high court dismisses petition to wind up la plagne the found that company’s arrears depended on support from a trading subsidiary and was not satisfied could provide it. [2011] iehc 91 has dismissed by ltd shareholder john fraher company, finding evidence did establish it unable pay its debts as the

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Courts Service · 2011-01-17 · courts

High Court dismisses appeal over solicitor’s handling of Corkery proceedings

high court dismisses appeal over solicitor’s handling of corkery proceedings the accepted that a notice change solicitor should not have been filed without instructions or left unserved, but held failure did meet legal standard for misconduct. [2011] iehc 17 dismissed william corkery’s against solic

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Courts Service · 2011-01-17 · courts

High Court awards €35,000 over Galway road collision

high court awards €35,000 over galway road collision the allowed damages for soft tissue injuries and limited disruption, but rejected claims longer-term physical symptoms more extensive psychological effects. [2011] iehc 13 assessed general at arising from a 2008 on cappagh in galway, finding that

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Courts Service · 2011-01-14 · courts

High Court quashes Seanad findings and sanctions against Senator Callely

high court quashes seanad findings and sanctions against senator callely the held that a committee had used wrong approach in an investigation into ivor callely’s travel overnight expenses, quashed both its determination related resolution. [2011] iehc 2 has committee’s resolution censuring suspendi

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Courts Service · 2011-01-14 · courts

High Court refuses bid to halt arson prosecution

high court refuses bid to halt arson prosecution the held that district had validly sent accused forward for trial, with prosecution’s consent, and rejected claims of unfairness. [2011] iehc 8 refused an application quash return man trial in dublin circuit criminal on charge. consent send him was va

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Courts Service · 2011-01-14 · courts

High Court grants leave to challenge deportation refusal over Irish children’s welfare

high court grants leave to challenge deportation refusal over irish children’s welfare the found an arguable case that minister may have needed make further inquiries about if they moved nigeria or remained in ireland without their mother. it did not decide whether orders were unlawful. [2011] iehc

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Courts Service · 2011-01-13 · courts

Supreme Court dismisses appeal against surrender to Sweden under arrest warrant

supreme court dismisses appeal against surrender to sweden under arrest warrant the rejected challenges concerning legal assistance and whether swedish authorities had decided prosecute, leaving high court’s order in place. of ireland dismissed thomas olsson’s an surrendering him a european warrant,

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Courts Service · 2011-01-13 · courts

District Court orders three-month supervision of six children after finding physical discipline amounted to ill-treatment

district court orders three-month supervision of six children after finding physical discipline amounted to ill-treatment the granted hse’s order application but refused its requests for directions that parents stop discipline, cooperate with social workers and allow private interviews four older ch

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Courts Service · 2011-01-12 · courts

High Court authorised emergency transfusion for critically ill baby

high court authorised emergency transfusion for critically ill baby mr justice hogan said the hospital could give ab a blood and associated products in urgent circumstances before him, while protecting child’s identity. [2011] iehc 1 an three-month-old after finding that treatment was clinically nec

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Courts Service · 2011-01-10 · courts

High Court dismisses Headstart’s claim to $5m in frozen Citco account

high court dismisses headstart’s claim to $5m in frozen citco account the dismissed over funds headstart said had been fraudulently obtained, citing absence of related from proceedings and, separately, problems with tracing and title. [2011] iehc 5 global fund limited’s us$5 million it procured thro

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Courts Service · 2011-01-10 · courts

High Court limits depositary’s reporting duty in Madoff-related fund cases

high court limits depositary’s reporting duty in madoff-related fund cases the held that hsbc institutional trust services (ireland) must report under ucits regulations and make reports directly available to investors if they are not included fund’s annual report. it did decide whether had been with

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Courts Service · 2011-01-10 · courts

High Court refuses McInerney examinership scheme over prejudice to bank syndicate

high court refuses mcinerney examinership scheme over prejudice to bank syndicate the found proposed €25 million payment unfairly prejudicial after concluding banks had a realistic prospect of recovering more through receivership. [2011] iehc 4 has refused confirm arrangement for homes ltd and contr

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Courts Service · 2011-01-10 · courts

High Court rules ACC could call in €2.1m loan to property-owning couple

high court rules acc could call in €2.1m loan to property-owning couple the rejected borrowers’ claims that bank had agreed defer enforcement or ring-fence sale proceeds, and said was entitled judgment for full sum claimed. [2011] iehc 7 of ireland ruled plc a €2.105 million frank kelly ann after fi

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Courts Service · 2011-01-05 · courts

District Court says parents must bear private legal costs in child care proceedings

district court says parents must bear private legal costs in child care proceedings the held it had power to award and said meet their solicitors’ because aid board representation was available them. [2011] iedc 1 an chúirt dúiche (the court) that two of solicitors they engaged proceedings, finding

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Courts Service · 2011-01-04 · courts

High Court directs wind farm judicial review application to proceed on notice

high court directs wind farm judicial review application to proceed on notice the adjourned legal aid issue and required applicant notify respondents parties before next hearing. it did not decide whether planning extensions were valid. [2011] iehc 3 has directed that an challenge two of a permissio

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