Courts Service · 2011-03-31 · courts
supreme court dismisses appeal over claims tied to avoca inn consent order the upheld high court’s decision strike out seeking reopen 2008 circuit proceedings and recover possession of pub. has dismissed michael charalambous’s affirmed an striking he brought against margaret nagle in county wicklow.
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Courts Service · 2011-03-31 · courts
supreme court dismisses appeal over claims challenging avoca inn consent order the upheld high court’s decision to strike out seeking reopen a 2008 circuit settlement. it said concerned only that strike-out motion; possible isaac wunder was left for parties address. has dismissed michael charalambou
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Courts Service · 2011-03-31 · courts
high court rules four-year tax time limits applied to revenue’s anti-avoidance opinion the answered a case stated arising from taxpayer’s appeal, holding that in law forming of an under section 811. [2011] iehc 142 ruled for assessments and enquiries when revenue formed provisions 811 taxes consolid
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Courts Service · 2011-03-30 · courts
high court rules workplace injury claim barred by 2004 settlement a preliminary issue concerned whether discharge agreement excluded the stress-at-work action. found it did not and held plaintiff was estopped from pursuing case. [2011] iehc 130 has ruled that paul caruana is his personal action agai
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Courts Service · 2011-03-30 · courts
high court dismisses late challenge to nigerian asylum decision the refused an extension of time and dismissed application for leave seek judicial review, finding no arguable case against refugee appeals tribunal’s decision. [2011] iehc 149 a man’s review refusing him status, after also extend bring
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Courts Service · 2011-03-29 · courts
high court refuses challenge to refugee appeal decision the rejected three grounds of judicial review concerning a sierra leonean woman’s asylum claim, including challenges tribunal’s assessment her account and protection claims. [2011] iehc 123 has refused application for that upheld negative recom
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Courts Service · 2011-03-29 · courts
high court dismisses abuse claim against north eastern health board the found had no tortious liability for monaghan general hospital and rejected plaintiff’s estoppel argument. judgment board; it does not decide county council. [2011] iehc 124 dismissed a man’s (nehb), finding that sexual he said s
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Courts Service · 2011-03-29 · courts
high court says it could reconsider surrender issue using late polish information the ruled that receive and consider additional while european arrest warrant hearing remained ongoing. had already ordered respondent’s on 22 march 2011. [2011] iehc 121 received from a judicial authority revisit an in
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Courts Service · 2011-03-25 · courts
high court rules immigration document offence unconstitutional in judicial review the found section 12 of act 2004 too vague to support a criminal and stopped further steps prosecution against applicant. other relief remains be determined. [2011] iehc 110 ruled that was because its requirement for n
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Courts Service · 2011-03-25 · courts
parol awarded €560,000 over superquinn’s closure of dundalk store the high court assessed damages for breach keep-open covenants, awarding €10,000 lost tenant opportunities, €200,000 past rent losses and €350,000 future losses. friends first is entitled to recover full amount from superquinn under a
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Courts Service · 2011-03-25 · courts
high court quashes refusal of somali refugee’s family reunification application the found uncertainty over whether minister treated applicant’s relatives’ dependence as a factual question or considered his ability to support them in ireland when exercising discretion. [2011] iehc 115 has quashed dec
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Courts Service · 2011-03-25 · courts
high court refuses challenge to rejection of congolese asylum claim the found that refugee appeals tribunal’s credibility assessment rested chiefly on claimed detention’s conflict with country information, despite an error about when applicant disclosed allegation rape. [2011] iehc 125 has refused a
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Courts Service · 2011-03-25 · courts
high court grants certificate for appeal in deportation judicial review case the raises questions about eu children’s rights and scope of review. it allows an to be pursued; judgment does not decide underlying challenge. [2011] iehc 116 has granted a allowing pursued over its refusal grant leave cha
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Courts Service · 2011-03-25 · courts
high court dismisses bid to set aside hotel building arbitration award hymany (pontoon) ltd challenged an requiring it pay galkil €1,021,684.13, but the found no basis aside. [2011] iehc 188 has dismissed ltd’s application arising from construction work at pontoon bridge in foxford, co mayo. directe
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Courts Service · 2011-03-25 · courts
high court gives preferential debts priority over bank of ireland floating charge the declared that rank ahead bank’s claim to funds from assets covered by a charge, regardless when it crystallised. left validity notice unresolved. [2011] iehc 113 has ruled governor and company ireland’s realised ev
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Courts Service · 2011-03-25 · courts
high court dismisses wife’s appeals in dublin separation case the struck out over a circuit order, citing delay and way they were pursued. its decision left parties’ claims open continuing proceedings. [2011] iehc 122 dismissed judicial case, what it described as oppressive conduct pursuing them. wa
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Courts Service · 2011-03-24 · courts
high court dismisses challenge to drink-driving conviction the held that district judge acted within jurisdiction and was not open judicial review. it said applicant could through an appeal. [2011] iehc 138 has dismissed mary delany’s application quash her for driving with excess alcohol in urine, f
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Courts Service · 2011-03-24 · courts
supreme court rejects bid to stop third trial after two trials were abandoned the dismissed an appeal seeking prohibit further prosecution, finding that uncompleted and culpable delay did not, on evidence, establish a real risk future would be unfair. has by p. mcc, who sought prevent charge of sexu
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Courts Service · 2011-03-24 · courts
high court strikes out passenger’s claim against aer lingus over lithuania flight incident the held that montreal convention covered alleged statements made on aircraft, its steps and adjacent tarmac, leaving no reasonable chance for pleaded to succeed. [2011] iehc 89 has struck john mc auley’s limi
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Courts Service · 2011-03-24 · courts
high court awards €78,625 to teacher after finding school principal bullied her the found that a principal’s continuing bullying and covert surveillance caused clinical depression, school’s board failed in its duty of care. it rejected claim she suffered post-traumatic stress disorder. [2011] iehc 1
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Courts Service · 2011-03-24 · courts
high court refuses leave to challenge iraqi protection and deportation decisions the found applicant had not met applicable threshold proceed against either decision, while applying different tests subsidiary deportation. [2011] iehc 560 refused refusal of a order made an applicant, finding that he
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Courts Service · 2011-03-23 · courts
high court quashes refusal to revoke nigerian woman’s deportation order the found minister’s decision disproportionate and unreasonable, citing impact on applicants’ marriage vulnerability of irish applicant. it did not itself order. [2011] iehc 92 has quashed minister for justice’s a order, finding
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Courts Service · 2011-03-22 · courts
high court orders unister to identify ryanair flight-data provider the order was made on an application for disclosure while unister’s challenge irish court’s jurisdiction remained pending. [2011] iehc 167 has ordered german travel company gmbh disclose contact details third-party it said accessed r
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Courts Service · 2011-03-22 · courts
high court rejects 12-month non-compete clause but restricts hotel agency’s former employee from dealing with its clients the ruled employment contract’s broad ban on working for competitors was unenforceable, while granting narrower interim protection net affinity’s confidential information and cus
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Courts Service · 2011-03-22 · courts
high court grants leave to challenge deportation decision over zimbabwe return risk the found substantial grounds minister’s assessment of a failed asylum seeker, while leaving underlying unresolved. [2011] iehc 133 has granted j. m. seek judicial review 2010 decision, on one ground concerning if he
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Courts Service · 2011-03-21 · courts
high court rejects borrower’s challenge to possession claim over tulla pub and home the dismissed an appeal concerning a mortgage lender’s for possession, finding that borrower had not established grounds equitable relief. judgment does record final order. [2011] iehc 189 rejected elizabeth floyd’s
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Courts Service · 2011-03-21 · courts
high court selects most frequent share price to value unauthorised sales the chose mode of prices over period from acquisition receivership, after finding there was not enough evidence identify when shares were wrongfully sold. [2011] iehc 163 has ruled that sold without clients’ authority by stockb
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Courts Service · 2011-03-19 · courts
high court finds duty to review or enforce fishing boat life raft code, but awards no damages the found proven breach of minister’s legitimate expectation reasonable enforcement date. it adjourned case and invited minister say whether code would be changed enforced. [2010] iehc 104 that atlantic mar
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Courts Service · 2011-03-18 · courts
high court rules polish sentence revocations do not bar surrender under european arrest warrant the rejected objections based on flight, hearings held in respondent’s absence and family life. it found was prohibited; judgment’s concluding extract contains no operative order. [2011] iehc 106 ruled th
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Courts Service · 2011-03-18 · courts
high court orders ian bailey’s surrender to france on murder warrant the rejected objections surrender, including arguments over french jurisdiction, dpp’s earlier decision not prosecute in ireland, and risk of an unfair trial. it did decide whether bailey committed offence. [2011] iehc 177 has orde
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Courts Service · 2011-03-16 · courts
high court finds no substantial ground to challenge deportation decisions justice cooke refused leave on the grounds argued, while allowing an amendment add a refusal revoke orders. proposed constitutional claim was deferred. [2011] iehc 165 found for judicial review of refusing subsidiary protectio
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Courts Service · 2011-03-16 · courts
high court orders commercial tenant to give landlord immediate possession the order followed a finding that moonblast had defaulted on rent and payment schedule. disputes over tenancy terms balance of landlord’s claim remain for further proceedings. [2011] iehc 107 ordered limited yield up unit 12 a
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Courts Service · 2011-03-16 · courts
high court orders brian cunningham to pay companies’ costs and disclose his means the 2011 ruling made him personally liable for specified directed sworn disclosure before an examination in aid of execution. declined add under appeal undertaking. {'text': '[2011] iehc 117'} {'name': 'high court'} ha
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Courts Service · 2011-03-14 · courts
high court sets aside insurance arbitration award after insurer was unheard the found that refusing a two-day adjournment and proceeding fbd withdrew denied fair hearing. it dismissed claimant’s enforcement application left remitting dispute to appointed arbitrator conditional on both parties’ agree
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Courts Service · 2011-03-14 · courts
high court refuses to renew personal injury summons after solicitor’s service failure the judge found plaintiff personally blameless for delay but said there was no good reason under rules summons. [2011] iehc 156 refused an application a that had not been served on minister finance within required
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Courts Service · 2011-03-14 · courts
high court strikes out car defects claim after prolonged delay the allowed mmc commercials’ appeal, concluding that unexplained delays undermined public interest in timely justice, despite finding no particular prejudice to finance company. [2011] iehc 103 has struck a over alleged allowing an appea
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Courts Service · 2011-03-14 · courts
high court refuses to quash drink-driving conviction over garda’s use of statutory text the rejected a challenge district conviction, finding no basis set it aside how evidence about breath-test warning was given. [2011] iehc 153 refused aidan bailey’s for an alcohol-related driving offence, along w
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Courts Service · 2011-03-11 · courts
high court dismisses cie bid to enforce car park rent award the said arbitrator had found was entitled additional rent, but not determined that it amounted 17.5% of gross parking rents. [2011] iehc 185 dismissed córas iompair éireann’s application an arbitration concerning from spaces serving confer
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Courts Service · 2011-03-11 · courts
appeal court quashes murder conviction over jury warning on protected witness the of criminal ruled that jurors should have been warned about danger relying an uncorroborated witness’s evidence. it granted leave to appeal, quashed and ordered a retrial. {'name': 'court appeal', 'location': 'ireland'
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Courts Service · 2011-03-11 · courts
high court refuses leave to challenge negative asylum report the found no substantial ground quash report, while saying applicant could treat his claim be a practising buddhist as accepted for appeal. [2011] iehc 97 has refused an seek judicial review of recommendation, finding that proposed grounds
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Courts Service · 2011-03-11 · courts
high court rules m1 tolls must fall after small rise in inflation the held that 2011 toll cap had to be recalculated under bye-laws and declared celtic roads group’s €1.90 car unlawful. it said would grant an injunction if company gave no suitable undertaking. [2011] iehc 71 court, commercial ruled
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Courts Service · 2011-03-11 · courts
high court extends time for appeal over stolen trailer insurance decision the found an apparent error in financial services ombudsman’s reading of policy and allowed three weeks to appeal, subject possible remittal reconsideration. [2011] iehc 137 extended mark little’s a ombudsman rejecting his com
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Courts Service · 2011-03-10 · courts
high court grants leave to challenge refusal revoke nigerian woman’s deportation order the found one arguable issue about whether minister adequately considered a medical report warning that stopping treatment could put life at risk. it did not decide judicial review itself. [2011] iehc 93 granted f
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Courts Service · 2011-03-10 · courts
high court refuses to delay czech surrender over irish poor-box proceedings the ruled that statutory power postpone could not be used help respondent pursue a possible outcome in separate district case. [2011] iehc 87 has refused of man republic while he awaits an theft case, ruling his application
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Courts Service · 2011-03-10 · courts
high court finds abbott coronary stents did not infringe medinol patent the rejected medinol’s infringement claim over four stent designs, but made no finding on defendants’ lau-based challenge and found burmeister anticipate patent. [2011] iehc 128 court, commercial has that designs of sold by defe
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Courts Service · 2011-03-09 · courts
supreme court finds mart liable after drovers’ absence left cattle worker exposed to danger the allowed patrick j. lynch’s appeal on liability, found him 33% contributorily negligent and sent case back high assess damages. has a drover’s against dismissal of his workplace injury claim, finding emplo
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Courts Service · 2011-03-09 · courts
greenband awarded €640,000 in damages over delay clonmel access road sale the high court assessed after an earlier ruling found a contract to sell had been breached. icc’s appeal against that remained pending. [2011] iehc 109 proposed awarding investments finding irish coursing club’s breach of put
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Courts Service · 2011-03-09 · courts
high court awards greenband €2.45m over showgrounds site contract the discharged an earlier specific performance order and awarded damages in lieu for delay, while directing that judgment be sent to charity commissioners consideration. [2011] iehc 210 investments €2,447,893, plus updated interest on
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Courts Service · 2011-03-09 · courts
supreme court allows cattle mart worker’s appeal over bullock injury the found employer liable for an unsafe system of work, assessed contributory negligence at 33% and sent case back to high assess damages. allowed patrick j. lynch’s after he was kicked by a while working operated binnacle limited,
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Courts Service · 2011-03-08 · courts
high court refuses discovery bid in energy regulator challenge viridian power and huntstown sought internal commission correspondence their judicial review over carbon levy directions. the refused application, finding was not relevant or necessary to decide issues covered by leave granted. [2011] ie
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Courts Service · 2011-03-08 · courts
high court awards developer €4.06m over misrepresentations about ashbourne road the found meath county council negligently misrepresented that a distributor could be built through land it sold to darlington properties, and awarded damages after crediting land’s current value. [2011] iehc 70 court, c
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Courts Service · 2011-03-08 · courts
high court declares wicklow cottage works unauthorised but refuses demolition order the found that refurbishment, septic tank replacement and related site required planning permission. it declined to or restoration, citing consequences for respondents circumstances of case. [2011] iehc 81 on circuit
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Courts Service · 2011-03-08 · courts
high court orders anglo irish bank to disclose documents in €9.89m debt case the order concerns specified records sought by first defendant; underlying claims and pleaded defences remain for a plenary hearing. [2011] iehc 114 court, commercial has ordered corporation limited categories of defendant
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Courts Service · 2011-03-08 · courts
high court orders surrender on two slovak warrants, refuses third the ordered to serve sentences but declined do so under a warrant because retrial undertaking was not unequivocal. [2011] iehc 155 of tomás országh republic european arrest refused third, finding that for convictions in insufficient.
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Courts Service · 2011-03-08 · courts
high court rules hse was an “undertaking” in ambulance allocation dispute the preliminary ruling allows medicall ambulance’s competition claim to proceed past one threshold. it does not decide whether held a dominant position or abused it. [2011] iehc 76 ruled that health service executive for purpo
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Courts Service · 2011-03-04 · courts
high court rejects challenge to prosecution-only appeal right the dismissed a constitutional law allowing prosecutors decision that dismisses charges, while defendants have no equivalent under provision. [2011] iehc 74 has lets circuit dismissing criminal but gives an accused person when dismissal a
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Courts Service · 2011-03-04 · courts
high court dismisses firebar maker’s claim against homebond company as bound to fail the rejected company’s delay application but dismissed remaining on its merits at preliminary stage, finding every pleaded element fail. [2011] iehc 98 noel manning’s national house building guarantee limited, which
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Courts Service · 2011-03-04 · courts
high court refuses leave to challenge asylum appeal decision the found no substantial ground quash refugee appeals tribunal’s and refused extension of time needed bring challenge. [2011] iehc 77 an afghan applicant 2008 rejection his appeal, finding decision. it also required judicial review proceed
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Courts Service · 2011-03-04 · courts
high court dismisses claim against pub owners over fatal drink-driving crash the rejected a defendant’s that of tullaghan should contribute to damages after customer’s car crossed road and killed two people. [2011] iehc 105 dismissed by mary houlihan, defendant in personal injury action, seeking an
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Courts Service · 2011-03-04 · courts
high court strikes out housing case after parties agree to accommodation; each bears own costs the did not decide injunction application or underlying dispute. it struck both proceedings and made no order for costs. [2011] iehc 100 matthew o’dea’s agreed end them following an offer of alternative ac
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Courts Service · 2011-03-04 · courts
high court finds former partner liable for solicitor’s undertakings, defers amount owed the ruled that joseph traynor’s undertakings could bind seamus mallon after their partnership ended, and acc bank’s solicitor seek a contribution or indemnity. was left later hearing. [2011] iehc 108 has in princ
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Courts Service · 2011-03-04 · courts
high court grants zurich bank summary judgment for €31.88m loan claim the rejected four proposed defences to bank’s claim, finding none gave borrower an arguable basis defend proceedings. [2011] iehc 75 court, commercial has granted against jim mcconnon €31,883,565.56, together with continuing inter
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Courts Service · 2011-03-04 · courts
high court finds surrender to hungary proportionate despite family-life impact the found that would interfere with respondent’s family life, but ruled interference was justified and under european arrest warrant act. [2011] iehc 80 surrendering a man serve an 18-month sentence be proportionate, effe
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Courts Service · 2011-03-03 · courts
high court rules against fallback waste orders for company directors the held that section 57 of management act did not give it a general power to make or shareholders when could comply. [2011] iehc 67 has ruled 1996 does permit “fallback” order company’s cannot comply with primary order. ruling dec
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Courts Service · 2011-03-03 · courts
high court rules czech trial-delay claim does not bar josef adam’s surrender the found no basis to prohibit under european arrest warrant act, leaving questions about delay and remedies courts. [2011] iehc 68 has ruled that adam may be surrendered republic a warrant, finding his objections did estab
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Courts Service · 2011-03-03 · courts
appeal court quashes two weapons convictions but upholds stun-gun conviction the of criminal ruled that prosecutors had to prove accused knew he prohibited articles. it quashed involving a baton and sword applied proviso affirm conviction. ian ebbs’s for having samurai in public place, upheld his st
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Courts Service · 2011-03-03 · courts
court of criminal appeal overturns dismissal over missing word in dublin search warrant the held that warrant’s incomplete address was a misdescription did not invalidate it, and allowed prosecutor’s appeal. trial may proceed as if charges had been dismissed. has director public prosecutions’ agains
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Courts Service · 2011-03-03 · courts
high court backs care plan for man with learning disabilities, subject to safeguards the said central mental hospital in dundrum could meet j.o’b.’s needs and was prepared make orders sought, regular reviews an independent expert report required. [2011] iehc 73 it order that j.o’b. be cared detained
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Courts Service · 2011-03-01 · courts
high court dismisses negligence claim against prison authorities over inmate assault the found had not breached their duty of care after michael sage was attacked on his second day at fort mitchell prison. patrick hogan already succeeded, with damages left for a later assessment if requested. [2011]
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Courts Service · 2011-03-01 · courts
high court orders alternate-week care for six children in irish family-law case the ordered to spend alternate weeks with each parent, while adopting remaining recommendations of a child psychiatrist subject holiday arrangements. [2011] iehc 120 parent after dispute over their order followed welfare
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