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Courts Service · 2011-02-28 · courts

High Court refuses second challenge to video-link evidence order

high court refuses second challenge to video-link evidence order the held that an argument about statutory basis for should have been raised in applicant’s earlier judicial review. [2011] iehc 238 has refused application by o’d quash a circuit allowing be given video link criminal prosecution involv

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Courts Service · 2011-02-25 · courts

High Court awards €200,000 after assault claim; dismisses negligence case against State defendants

high court awards €200,000 after assault claim; dismisses negligence case against state defendants the accepted a.g.’s evidence that j.k. raped and assaulted her, assessed damages him. it found no duty of care owed by gardaí in circumstances dismissed claim other defendants. [2011] iehc 65 at accept

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Courts Service · 2011-02-25 · courts

High Court refuses Gama companies’ bid to move 491 workers’ claims to Turkey

high court refuses gama companies’ bid to move 491 workers’ claims turkey the ruled that brussels regulation barred a forum non conveniens stay; it also said ireland had claims’ closest connection if conclusion was wrong. [2011] iehc 308 has refused applications by construction limited and turkish c

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Courts Service · 2011-02-25 · courts

High Court refuses challenge to subsidiary protection decision

high court refuses challenge to subsidiary protection decision the held that minister’s refusal was open on available material, while noting shortcomings in parts of maker’s analysis. [2011] iehc 85 has refused a judicial review by an anonymised kenyan woman and her minor son protection. mr justice

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Courts Service · 2011-02-25 · courts

Court of Criminal Appeal quashes Mary Kelly’s criminal damage conviction

court of criminal appeal quashes mary kelly’s damage conviction the allowed her after finding trial and verdict could not be considered safe or satisfactory, citing confusion over amended lawful-excuse defence jury directions. has quashed for to a united states naval aircraft at shannon airport, tha

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Courts Service · 2011-02-25 · courts

High Court refuses challenge to proposed transfer of Algerian asylum applicant to UK

high court refuses challenge to proposed transfer of algerian asylum applicant uk the rejected both grounds judicial review, finding minister had considered fresh medical representations and acted lawfully in reaffirming transfer. it did not decide whether a discretion cancel these circumstances. [2

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Courts Service · 2011-02-22 · courts

High Court refuses appeal certificate over duration of deportation orders

high court refuses appeal certificate over duration of deportation orders the accepted that legal question was exceptional public importance but refused a because it considered statutory interpretation straightforward. [2011] iehc 59 an application for allowing to supreme orders, despite finding imp

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Courts Service · 2011-02-22 · courts

High Court refuses leave to challenge deportation order for Nigerian father

high court refuses leave to challenge deportation order for nigerian father the said minister had considered relevant family circumstances and identified a substantial reason deportation. ruling decides only whether there were grounds grant judicial review. [2011] iehc 66 refused seek review of agai

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Courts Service · 2011-02-22 · courts

High Court refuses Garda sergeant’s challenge to harassment inquiry

high court refuses garda sergeant’s challenge to harassment inquiry the rejected claims of delay, inadequate time respond and unfair use witness statements in renewed internal investigation. [2011] iehc 58 ireland refused a application stop an into colleague’s complaint based on sexual orientation.

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Courts Service · 2011-02-21 · courts

High Court dismisses Opel dealer’s claim after four-year delay

high court dismisses opel dealer’s claim after four-year delay the found in delivering a statement of inexcusable and concluded that it created substantial risk an unfair trial. dismissed on ireland’s application. [2011] iehc 242 by kanes motors limited against ireland finding was inordinate inexcus

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Courts Service · 2011-02-21 · courts

High Court rejects late Oaktree offer in McInerney examinership

high court rejects late oaktree offer in mcinerney examinership the refused to reopen its decision after finding that considering an improved kbc, made judgment, would breach principle of finality. [2011] iehc 63 consider a new kbc bank examinership, ruling reopening matter judgment ex tempore deliv

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Courts Service · 2011-02-18 · courts

Law firm ordered to pay costs after suing for dissolved company

law firm ordered to pay costs after suing for dissolved company the high court jabaar limited’s solicitors townlink construction finding they had begun proceedings a that no longer existed. [2011] iehc 111 began must opposing company’s costs, found acted client limited asked set aside an arbitrator’

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Courts Service · 2011-02-18 · courts

High Court refuses wife’s bid for security for costs in nullity case

high court refuses wife’s bid for security costs in nullity case the found wife had a prima facie defence to her husband’s claim, but held that she not shown he was ordinarily resident outside jurisdiction. it also refused alternative application as proceeded. [2011] iehc 557 proceedings, finding pr

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Courts Service · 2011-02-18 · courts

High Court refuses challenge to breath-test conviction

high court refuses challenge to breath-test conviction the held gardaí were not required explain blood-or-urine defence or request an alternative sample after a failed breath test. [2011] iehc 118 refused application for judicial review challenging woman’s district failing refusing provide specimens

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Courts Service · 2011-02-18 · courts

High Court grants leave to challenge Ghanaian father’s deportation order

high court grants leave to challenge ghanaian father’s deportation order the extended time for judicial review and found substantial grounds argue that minister gave disproportionate irrational weight criminal record. it did not decide whether should ultimately be quashed. [2011] iehc 150 granted a

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Courts Service · 2011-02-18 · courts

High Court rejects speech therapy provider’s challenge to HSE tender decision

high court rejects speech therapy provider’s challenge to hse tender decision the found that sole tenderer should have understood contract required both group and individual therapy, refused quash its bid was unsuccessful. [2011] iehc 57 has health service executive’s release limited unsuccessful in

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Courts Service · 2011-02-18 · courts

High Court orders decision on delayed residence card review

high court orders decision on delayed residence card review the declined to quash 2009 refusal but directed minister decide applicants’ within 28 days of order being perfected. [2011] iehc 53 has ordered for justice an administrative a refused application. it itself, which had been based reported de

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Courts Service · 2011-02-18 · courts

High Court quashes decision to make no order in juvenile prosecution

high court quashes decision to make no order in juvenile prosecution the held that district had validly sent two hybrid-offence charges forward for trial on indictment, after finding dpp directed course. it ordered circuit proceed existing return trial. [2011] iehc 56 has quashed a judge’s involving

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Courts Service · 2011-02-18 · courts

High Court rejects Minister’s bid to challenge hepatitis C causation finding

high court rejects minister’s bid to challenge hepatitis c causation finding the held that minister could not use a cross-appeal against claimant’s compensation award reopen tribunal’s finding. it declined application extend time. [2011] iehc 132 has rejected for health and children’s time would hav

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Courts Service · 2011-02-18 · courts

High Court refuses challenge to legal aid decision for teenager

high court refuses challenge to legal aid decision for teenager the rejected a judicial review of children’s judge’s refusal grant aid, and remitted case district sentencing. [2011] iehc 64 has refused teenager’s denying him certificate in proceedings at dublin court, his judgment delivered on 18 fe

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Courts Service · 2011-02-18 · courts

High Court quashes residence-card refusal over demand for proof spouses lived together

high court quashes residence-card refusal over demand for proof spouses lived together the ruled that continuous shared residence was not a legal condition card, but left other application requirements minister to reconsider. [2011] iehc 54 quashed 2009 issue card somali national, ruling officials h

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Courts Service · 2011-02-17 · courts

High Court again refuses confirmation of McInerney examinership scheme over KBC prejudice

high court again refuses confirmation of mcinerney examinership scheme over kbc prejudice after reopening a limited part its earlier decision to consider the likely transfer some bank loans nama, maintained that proposed unfairly prejudiced and declined confirm it. [2011] iehc 61 has refused arrange

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Courts Service · 2011-02-17 · courts

Court refuses certificate for Supreme Court appeal in drug conviction case

court refuses certificate for supreme appeal in drug conviction case the of criminal ruled that handling a defence witness’s unavailable oral evidence did not make trial procedure patently unfair. has refused darragh small’s application to court, finding his raised no point law exceptional public im

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Courts Service · 2011-02-16 · 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 declined to quash 2009 refusal of a pakistani applicant’s application, but said minister could not leave administrative undecided indefinitely. [2011] iehc 49 has directed for justice decide whether documents submitted la

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Courts Service · 2011-02-16 · courts

High Court quashes refusal of Turkish husband’s residence card

high court quashes refusal of turkish husband’s residence card the found that unexplained failed attempts to contact an employer were not a valid reason reject application. it ordered quashed, but did direct minister issue card. [2011] iehc 50 has quashed decision refusing national as husband polish

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Courts Service · 2011-02-16 · courts

Supreme Court rules Arklow drink-driving arrest was lawful

supreme court rules arklow drink-driving arrest was lawful the allowed director of public prosecutions’ appeal, finding that a garda’s bona fide, reasonable opinion supported under section 50 even though her view applicable offence later found mistaken. has ruled an in road traffic act lawful, altho

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Courts Service · 2011-02-15 · courts

Supreme Court sets aside conviction over proof of amphetamine value

supreme court sets aside conviction over proof of amphetamine value the held that evidence a general purity range did not establish beyond reasonable doubt drugs met €13,000 threshold for offence. it declined to order retrial. allowed an appeal by alphonsus connolly and set his possessing amphetamin

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Courts Service · 2011-02-15 · courts

High Court dismisses mineral-water company’s claim over alleged well contamination

high court dismisses mineral-water company’s claim over alleged well contamination the dismissed action for want of prosecution, finding its delays inordinate and without satisfactory excuse. it made no order costs in defendants’ favour. [2011] iehc 46 de braam mineral water company limited’s a afte

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Courts Service · 2011-02-14 · courts

High Court continues injunction over allegations tied to settled software dispute

high court continues injunction over allegations tied to settled software dispute the found a fair issue be tried whether complaints fast and letter former client breached settlement, but limited its interim order concerning plaintiff matters from earlier proceedings. [2011] iehc 101 continued an pr

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Courts Service · 2011-02-14 · courts

High Court refuses injunction against deportation pending judicial review

high court refuses injunction against deportation pending judicial review the found no fair issue that order was unlawful at this interim stage. it said further information about father’s relationship with two children in foster care could be put to minister a revocation application. [2011] iehc 48

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Courts Service · 2011-02-14 · courts

Aer Lingus ordered to pay costs after dispute over engineers’ pay entitlements

aer lingus ordered to pay costs after dispute over engineers’ entitlements the high court ruled that separate proceedings brought current and future pension rights were necessary, set out how should be paid across three related cases. [2011] iehc 183 plc in sets of by employees their secondment team

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Courts Service · 2011-02-14 · courts

High Court refuses injunction to stop father’s deportation pending judicial review

high court refuses injunction to stop father’s deportation pending judicial review the found applicants had not raised a serious question be tried and declined interim relief. it did decide substantive challenge order. [2011] iehc 282 refused an application prevent of father from ireland while his f

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Courts Service · 2011-02-14 · courts

High Court refuses bid to dismiss deportation challenge before leave hearing

high court refuses bid to dismiss deportation challenge before leave hearing the declined strike out a father’s judicial review case as clearly unfounded or an abuse of process. it did not decide pending application for legality order. [2011] iehc 47 has refused minister justice’s motion order, find

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Courts Service · 2011-02-11 · courts

High Court orders son to leave Meath family home after appeal

high court orders son to leave meath family home after appeal the rejected james reynolds’s adverse-possession claim, awarded him €60,000 for some work on property, and set conditions payment. [2011] iehc 334 court, northern circuit, county of ordered reynolds give up possession a in possexton, meat

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Courts Service · 2011-02-11 · courts

Supreme Court dismisses appeal over consent to renewed rape proceedings

supreme court dismisses appeal over consent to renewed rape proceedings the held that an earlier uk acquittal did not count as a final judgment under ireland’s european arrest warrant act because law allowed it be quashed and retrial ordered. has dismissed against high order consenting in united kin

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Courts Service · 2011-02-11 · courts

High Court orders Francis Ciarán Tobin’s surrender to Hungary

high court orders francis ciarán tobin’s surrender to hungary the rejected objections a renewed european arrest warrant, including arguments about abuse of process, sentence length, family rights, threats and delay. [2011] iehc 72 has ordered serve prison imposed there after fatal road traffic incid

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Courts Service · 2011-02-10 · courts

High Court refuses bid to dismiss immigration judicial review

high court refuses bid to dismiss immigration judicial review the held that later applications for a change in permission had not made an earlier refusal moot, and declined strike out case over allegation of lack candour. it no ruling on underlying challenge. [2011] iehc 51 has refused preliminary a

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Courts Service · 2011-02-10 · courts

High Court refuses security-for-costs request by Elton Court developer and vendor

high court refuses security-for-costs request by elton developer and vendor the declined to require ronbow management company limited provide security for costs two defendants, finding that estimated €145,000 would be oppressive in circumstances. [2011] iehc 83 has refused a sorohan builders joseph

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Courts Service · 2011-02-10 · courts

High Court refuses leave to challenge compulsory purchase of Athlone property

high court refuses leave to challenge compulsory purchase of athlone property the said an bord pleanála had discretion over oral hearing and refused seek judicial review its consent town council’s acquisition a derelict site. [2011] iehc 44 michael egan pleanála’s council compulsorily acquiring 63 c

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Courts Service · 2011-02-10 · courts

High Court refuses bail to man awaiting European Arrest Warrant hearing

high court refuses bail to man awaiting european arrest warrant hearing the found a real and significant risk that convicted applicant might abscond before on whether he should be surrendered poland serve balance of his sentences. [2011] iehc 45 ireland refused facing surrender under warrant, findin

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Courts Service · 2011-02-09 · courts

High Court quashes deportation decision over unclear reasons on return to Togo

high court quashes deportation decision over unclear reasons on return to togo the held that minister’s did not explain why returning t.k. would comply with statutory prohibition refoulement. it quashed 2009 decision; determine applicant’s account or asylum claim. [2011] iehc 99 has a deport togo, f

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Courts Service · 2011-02-09 · courts

High Court rejects veterinary inspectors’ appeal over employment status

high court rejects veterinary inspectors’ appeal over employment status the refused to return claims appeals tribunal, finding they had not shown that no reasonable tribunal could reach appealed decision. [2011] iehc 43 has dismissed an by five temporary inspectors who sought redundancy and minimum-

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Courts Service · 2011-02-09 · courts

High Court refuses late bid to add constitutional challenge to deportation case

high court refuses late bid to add constitutional challenge deportation case the declined permission amend applicants’ judicial review grounds, finding that proposed law underpinning order was entirely new and came too late. [2011] iehc 104 has refused an application a grounds of concerning order, r

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Courts Service · 2011-02-09 · courts

High Court rejects post-judgment bid to challenge deportation law

high court rejects post-judgment bid to challenge deportation law the ruled it had no jurisdiction allow an amendment that would add a new constitutional after refused leave seek judicial review. [2011] iehc 95 {'name': 'the court', 'division': 'judicial review'} has application by six anonymised ap

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Courts Service · 2011-02-09 · courts

High Court rejects challenges to Nigeria asylum prioritisation and appeal process

high court rejects challenges to nigeria asylum prioritisation and appeal process the held that minister’s priority direction was lawful refugee appeals tribunal provided an effective remedy under procedures then in force. it refused relief sought both judicial review cases. [2011] iehc 33 has two a

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Courts Service · 2011-02-08 · courts

Father refused costs after choosing private solicitor without applying for legal aid

father refused costs after choosing private solicitor without applying for legal aid the district court declined to order hse pay father’s in his child access case, finding he had not applied board representation. [2011] iedc 3 an chúirt dúiche (the court) has a application of proceedings concerning

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Courts Service · 2011-02-08 · courts

High Court rejects grandfather’s challenge to HSE care order and foster placement

high court rejects grandfather’s challenge to hse care order and foster placement the held that applicant had no legal interest bring judicial review said district continuing would not be quashed. for costs was made. [2011] iehc 42 has dismissed a his grandson child’s with carers, finding he proceed

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Courts Service · 2011-02-04 · courts

High Court rejects challenge to defence expert evidence rules

high court rejects challenge to defence expert evidence rules the refused a constitutional and human rights section 34 of criminal procedure act 2010, while saying judicial review application was premature hypothetical. [2011] iehc 39 has bernard markey’s law requiring seek leave before calling in t

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Courts Service · 2011-02-04 · courts

High Court says Wicklow council could reopen timber manufacturing dispute after alleged deception

high court says wicklow council could reopen timber manufacturing dispute after alleged deception mr justice herbert held that a 2010 ruling allowing the to revive its claim concerning two buildings was final and conclusive, leaving no jurisdiction hear an appeal from it. [2011] iehc 69 has ruled co

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Courts Service · 2011-02-04 · courts

High Court says Garda need not witness driving to form arrest opinion in drink-driving case

high court says garda need not witness driving to form arrest opinion in drink-driving case the answered a stated legal question against district judge’s approach. its answer also disposed of second about an alternative conviction; it did itself convict respondent. [2011] iehc 40 ruled that personal

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Courts Service · 2011-02-04 · courts

High Court orders surrender to Poland after rejecting prison-conditions objection

high court orders surrender to poland after rejecting prison-conditions objection the found evidence did not establish substantial grounds for believing would expose respondent a real risk of treatment contrary article 3. [2011] iehc 41 ordered marcin sawczuk’s polish authorities under three europea

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Courts Service · 2011-02-04 · courts

High Court grants leave to challenge refusal to revoke father’s deportation order

high court grants leave to challenge refusal revoke father’s deportation order the ruling allows a judicial review proceed on arguable grounds; it does not decide whether was unlawful or require minister order. [2011] iehc 148 has granted family seek of for justice’s against father three irish citiz

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Courts Service · 2011-02-03 · courts

Supreme Court rejects property group’s challenge to NAMA loan powers

supreme court rejects property group’s challenge to nama loan powers the held that european commission’s approval of scheme did not impose a clear, enforceable requirement loans could be acquired only from impaired borrowers. dismissed an appeal by 14 companies and patrick mckillen seeking declarati

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Courts Service · 2011-02-03 · courts

High Court grants leave to challenge refusal to revoke mother’s deportation order

high court grants leave to challenge refusal revoke mother’s deportation order the found four grounds arguable for judicial review, while refusing extend time original order. it did not decide whether was lawful. [2011] iehc 112 has granted a mother and her irish-citizen son seek review of decision

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Courts Service · 2011-02-03 · courts

Supreme Court says NAMA had not decided to acquire McKillen-linked loans

supreme court says nama had not decided to acquire mckillen-linked loans the allowed an appeal after finding that a pre-establishment decision by interim team no legal effect and was adopted nama’s board. it left other issues open for consideration. 396/10 property developer patrick mckillen 15 comp

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Courts Service · 2011-02-02 · courts

Supreme Court rules Latvian Green Card did not insure Irish-registered car for Irish law

supreme court rules latvian green card did not insure irish-registered car for irish law in a consultative case stated, the answered “no” to both questions about whether covered vehicle ireland or could provide defence charge. ruled that issued latvia an approved insurance policy being used ireland.

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Courts Service · 2011-02-01 · courts

High Court confirms Medical Council sanction and awards costs

high court confirms medical council sanction and awards costs the respondent consented to confirmation of council’s decision contested only costs. confirmed ordered pay [2011] iehc 34 censure a doctor impose conditions on his continued registration, him application. judgment, delivered by mr justice

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Courts Service · 2011-02-01 · courts

High Court refuses challenge to limits on Andersen cross-examination

high court refuses challenge to limits on andersen cross-examination the held that inquiry’s restrictions were reasonable in circumstances and refused relief sought by denis o’brien. [2011] iehc 30 o’brien’s application overturn his of professor michael before tribunal inquiry into payments messrs c

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Courts Service · 2011-02-01 · courts

High Court declines to rule on estate costs deduction in Motor Insurers Bureau case

high court declines to rule on estate costs deduction in motor insurers bureau case the said it had no jurisdiction proceedings direct whether more than €122,000 legal could be paid from deceased’s before distribution. [2011] iehc 94 declined make an order personal representative of catherine stanbr

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Courts Service · 2011-02-01 · courts

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

high court refuses leave to challenge nigerian father’s deportation order the rejected a bid bring judicial review proceedings, finding no substantial grounds and rejecting an argument that was ineffective remedy under european convention. [2011] iehc 38 refused seek of made against father who had r

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