Courts Service · 2011-04-15 · courts
high court quashes asylum appeal decision over mistaken interview record the found that a material error about when an applicant mentioned her brother undermined credibility assessment. it ordered reconsidered by different tribunal member. [2011] iehc 151 has quashed refugee appeals rejecting applic
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Courts Service · 2011-04-15 · courts
high court refuses challenge to reissued warrants against sharon buckley the found no basis quash warrants, concluding that applicant had not made out a case for judicial review and material facts been fully disclosed when leave was sought. [2011] iehc 261 refused buckley’s application of issued in
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Courts Service · 2011-04-15 · courts
high court awards €15,029.87 in business park service charge dispute the rejected defendants’ request to refer arbitration and entered summary judgment for a reduced amount, leaving interest claim plenary hearing. [2011] iehc 535 turvey limited unpaid charges after finding that lease’s clause did no
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Courts Service · 2011-04-15 · courts
high court orders surrender to poland after rejecting objections arrest warrant the found that a polish for outstanding prison sentences met statutory requirements and respondent had left evade justice. [2011] iehc 169 ordered of man under european act his challenges seeking enforcement imposed 10 o
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Courts Service · 2011-04-15 · courts
high court declares central bank’s return-to-work decision void over unfair psychiatric assessment process the found that behind to keep economist john delaney off work breached fair procedures. it did not decide whether he was medically fit return, and deferred precise order any salary consequences
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Courts Service · 2011-04-15 · courts
high court declines mother’s application to relocate children spain the found that proposed move risked substantially reducing boys’ contact with their father, while stressing decision could change if circumstances changed. [2011] iehc 519 declined a her two sons from ireland spain, finding proposal
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Courts Service · 2011-04-15 · courts
high court refuses to strike out tuna fishermen’s compensation claim the dismissed state defendants’ application end case at an early stage, finding it had not shown that legitimate-expectation must fail. underlying was decided. [2011] iehc 187 has refused by defendants a fishermen and fishing compa
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Courts Service · 2011-04-15 · courts
high court declines proposed first-stage trial in irish glass bottle dispute the found split risked prejudice and would not reliably save time or costs. it invited further submissions on whether damages calculations could be left to a later stage. [2011] iehc 538 declined donatex limited bernard mcn
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Courts Service · 2011-04-15 · courts
high court sends credit union complaint back to ombudsman for fresh review the found had not properly considered whether was within its jurisdiction or shared key financial material with investment firm. it ordered a de novo reconsideration, leaving eligibility question ombudsman. [2011] iehc 296 ha
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Courts Service · 2011-04-15 · courts
high court dismisses noel callan’s challenge to remission rules the held that his 40-year term arose from a presidential commutation of death sentence, not court-imposed prison sentence eligible for under provisions he relied on. [2011] iehc 190 has dismissed claim should be earn on penal servitude
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Courts Service · 2011-04-15 · courts
high court strikes out long-running challenge over trinity hall development [2011] iehc 202 the has struck james kenny’s planning enforcement proceedings concerning college dublin’s student residence at on dartry road, rathmines. kenny began case in july 2002 under section 160 of and act 2000, which
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Courts Service · 2011-04-15 · courts
high court gives ex-husband one last chance to pursue maintenance review the adjourned ex-wife’s bid dismiss his application, while ordering broad financial disclosure and leaving open a renewed dismissal application. [2011] iehc 229 has given an application reduce or end payments, despite serious a
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Courts Service · 2011-04-15 · courts
high court backs aer lingus refusal to table ryanair shareholder resolutions the found that proposed dividend and pension would exceed shareholders’ powers under company’s articles. it refused ryanair’s requested relief. [2011] iehc 170 court, commercial limited’s application compel group plc put tw
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Courts Service · 2011-04-14 · courts
high court refuses challenge to withdrawal of sligo quarry planning application the held that council’s assessment further information was a function and found applicant had not shown its decision unreasonable. [2011] iehc 143 has refused francis scanlon’s overturn county his for been withdrawn afte
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Courts Service · 2011-04-14 · courts
high court refuses surrender to france over missing element in third offence the found that two offences met relevant requirements, but facts supplied did not establish knowledge or wilfulness required for an irish equivalent of third. because sentence combined all three offences, it refused surrend
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Courts Service · 2011-04-14 · courts
high court orders limited discovery in anglo irish bank loan dispute mr justice kelly directed and interrogatories across 16 categories a former director’s case, limiting some requests as disproportionate or obtainable by questions. [2011] iehc 140 court, commercial list the has ordered corporation
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Courts Service · 2011-04-14 · courts
high court dismisses naturalisation challenge over delay the ruled that judicial review was brought too late and applicant had not justified delay. it did decide separate legal question about minister’s duty to give reasons. [2011] iehc 166 has dismissed a by an egyptian national after his applicati
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Courts Service · 2011-04-13 · courts
kelly wins oilgate ownership declaration but no compensation over unpaid mortgage the high court found material partnership wexford property, concluded that john had directed his solicitor not to repay a separate at time. [2011] iehc 174 declared is full beneficial owner of oilgate, property in coun
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Courts Service · 2011-04-13 · courts
high court quashes refusal of naturalisation application over undisclosed garda report the found applicant was not required to disclose incidents on form and should have been given an opportunity respond before minister refused his application. [2011] iehc 171 quashed for justice’s kaspar hussain’s
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Courts Service · 2011-04-13 · courts
high court orders surrender to poland under two european arrest warrants the rejected challenges and found that jerzy zych had fled while subject suspended sentences probation supervision. [2011] iehc 161 has directed be surrendered warrants, after rejecting his objections based on delay human right
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Courts Service · 2011-04-12 · courts
court rejects leave application over drug conspiracy conviction the of criminal appeal refused to after rejecting applicant’s challenges evidence, jury directions and sufficiency prosecution case. has rejected david timmons’s for his possess cocaine sale or supply. timmons was convicted at dublin ci
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Courts Service · 2011-04-12 · courts
supreme court dismisses challenge to nama asset acquisition powers the held that statutory criteria governing nama’s discretion were sufficiently clear for borrowers seek judicial review. it dismissed appellants’ constitutional section 69. has a by 15 companies and patrick mckillen 69 of national ma
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Courts Service · 2011-04-12 · courts
supreme court says mckillen parties must be heard before nama loan decision the allowed appeal on fair procedures and declared that receive consider written submissions deciding whether to acquire loans. ruling was specific appellants’ circumstances. of ireland ruled national asset management agency
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Courts Service · 2011-04-12 · courts
high court rejects challenge to bankruptcy adjudication the extended time for patrick murphy’s application but found he had not shown cause annul his as a bankrupt. [2011] iehc 541 has rejected set aside adjudication, finding that bank’s demand and summons sought less than debt actually owed. mr jus
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Courts Service · 2011-04-12 · courts
court refuses ronald mcmanus leave to appeal manslaughter conviction the of criminal rejected grounds raised against his conviction, including challenges witness evidence, jury directions and a witness’s video-link testimony. separate sentence would be considered only if necessary. refused finding n
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Courts Service · 2011-04-12 · courts
supreme court says mckillen interests must be heard before nama decides on loans the ruled that patrick and his companies are entitled to notice an opportunity make representations considers acquiring their under section 84. has notified national asset management agency (nama) whether acquire 84 of
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Courts Service · 2011-04-12 · courts
supreme court judge says borrowers must be heard before nama acquisition decisions in a concurring judgment, mr justice finnegan said the appellants’ property interests could affected by nama’s statutory powers and transfer of their loans. he would allow appeal on right-to-be-heard ground. {'name':
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Courts Service · 2011-04-12 · courts
supreme court rules mckillen companies must be heard before nama loan decision the held that borrowers may make representations about how acquiring their loans is likely to affect them, but left form of process nama. ireland has ruled a group linked property businessman patrick allowed national asse
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Courts Service · 2011-04-12 · courts
supreme court says borrowers must have a chance to make representations before nama asset decisions the dismissed constitutional challenge breadth of act’s definition but held that affected be told when is considering acquiring assets linked their loans. ruled whose rights could by proposed national
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Courts Service · 2011-04-12 · courts
supreme court allows appeal over borrowers’ right to be heard by nama macken j held that nama’s acquisition decisions could materially affect the property and contractual interests, requiring fair procedures. judgment addresses heard; it does not decide outcome of any later hearing nama. [396/2010]
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Courts Service · 2011-04-11 · courts
high court dismisses appeal over solicitor misconduct complaint the upheld tribunal’s decision that there was no prima facie case for inquiry into allegations about a solicitor’s handling of circuit proceedings. [2011] iehc 157 dismissed thomas keane’s against solicitors disciplinary tribunal by sea
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Courts Service · 2011-04-11 · courts
high court dismisses appeal over solicitor misconduct inquiry president kearns upheld the tribunal’s decision that allegations against matthew j. nangle lacked evidence for a prima facie case. made no finding of misconduct. [2011] iehc 158 has dismissed david garvey’s solicitors disciplinary tribuna
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Courts Service · 2011-04-11 · courts
high court narrows discovery in factory injury claim the allowed of specified records concerning plaintiff, but rejected requests for risk assessments, safety statements and material about other workers. [2011] iehc 152 varied a order personal brought by eamon jones against grove turkeys limited, al
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Courts Service · 2011-04-11 · courts
high court allows consolidation but strikes out mibi claim as statute-barred the found that later letters of administration did not cure a defect in proceedings brought against person who was then deceased’s personal representative. [2011] iehc 550 allowed two injury arising from fatal 2005 motorcyc
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Courts Service · 2011-04-08 · courts
supreme court dismisses appeal over evidence of repeated abuse outside charged counts in a judgment delivered on 8 april 2011, o’donnell j agreed with denham j’s proposed and order. he said the disputed was admissible as relevant background, while cautioning that prosecution’s approach no clear solu
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Courts Service · 2011-04-08 · courts
high court quashes part of asylum appeal decision over missing risk assessment the ordered a limited reconsideration whether sudanese claimant might face future persecution if returned, while leaving other parts intact. [2011] iehc 147 has quashed an because refugee appeals tribunal did not assess a
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Courts Service · 2011-04-08 · courts
high court refuses leave to challenge refugee appeal decision the found applicant had not shown substantial grounds tribunal’s rejection of her claim. [2011] iehc 181 has refused an seek judicial review a appeals tribunal rejecting claim for status, finding she it. in judgment delivered on 8 april 2
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Courts Service · 2011-04-08 · courts
high court declines second security order in valebrook loan dispute, subject to undertaking the said already provided related proceedings could also protect keelgrove if it won costs, because was highly improbable both defendants would succeed. [2011] iehc 173 declined developments limited (in recei
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Courts Service · 2011-04-08 · courts
supreme court dismisses appeal over evidence of uncharged abuse the held that background may be admitted when it is relevant and necessary to make facts before a jury comprehensible, found appellant’s trial was not unsafe. has dismissed gerald mcneill’s against convictions for sexual offences, rulin
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Courts Service · 2011-04-08 · courts
supreme court sets aside convictions after ruling repeated abuse evidence was wrongly admitted the allowed gerald mcneill’s section 29 appeal, finding that of unspecified offences could have prejudiced jury. it set his convictions. appeal and convictions, trial judge should not alleged had been on n
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Courts Service · 2011-04-07 · courts
high court rules minister need not consider further asylum submissions before decision the dismissed a procedural challenge over minister’s refusal of refugee declarations, holding that and appeals tribunal formed part one administrative process. [2011] iehc 291 judicial review by an anonymised nige
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Courts Service · 2011-04-07 · courts
court orders continued hospital detention after insanity verdict, but criticises care the central criminal found w.b. still had paranoid schizophrenia and needed inpatient care. judge ordered at mental while raising concerns about treatment patient protections. [2011] ieccc 1 high court, to remain i
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Courts Service · 2011-04-07 · courts
high court sets aside labour ruling on deceased consultant’s fixed-term contracts the allowed hse’s appeal a point of law, finding had wrongly interpreted law when it ruled that dr ali umar was entitled to contract indefinite duration. [2011] iehc 146 has set determination health service executive (
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Courts Service · 2011-04-07 · courts
high court quashes part of asylum appeal decision over unclear credibility finding the found refugee appeals tribunal had not clearly explained why it rejected applicant’s ground on credibility. upheld decision’s reasoning police protection and ordered a limited reconsideration. [2011] iehc 144 has
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Courts Service · 2011-04-07 · courts
high court says prisoner's dental-care judicial review lacked supporting evidence stephen maher sought an order of mandamus over alleged inadequate dental care in prison. the said application could not be seriously considered on material provided. [2011] iehc 246 it had no basis to consider maher’s
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Courts Service · 2011-04-07 · courts
court of criminal appeal refuses john paul brett’s application over joint murder trial the held that brett had a fair opportunity to challenge evidence he arrived in mahon carrying knife. it refused leave his conviction. has for conviction, finding introduced by co-accused’s witness did not make unf
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Courts Service · 2011-04-07 · courts
high court awards credit union €94,584.62 in personal loan dispute the rejected two proposed defences to kilsaran union’s summary judgment application, finding no arguable defence debt. [2011] iehc 162 has entered for over a €90,000 made mark lowth 2008. delivered on 14 april 2011, mr justice hogan
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Courts Service · 2011-04-07 · courts
high court refuses prisoner's renewed article 40 inquiry application the said claims did not establish a basis for an into legality of his detention, while directing him to raise dietary concerns with prison authorities. [2011] iehc 247 refused further by prisoner under detention at arbour hill pris
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Courts Service · 2011-04-06 · courts
rally organisers held negligent after spectator suffered leg amputation the high court found three organising bodies failed to identify and warn spectators about a hazardous crest. injured was two-thirds responsible, limiting his damages award €199,166. [2011] iehc 135 has awarded €199,166 who lost
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Courts Service · 2011-04-06 · courts
high court says unconvicted eaw respondents benefit from presumption in favour of bail a reserved judgment, the explained why it had granted to romanian national facing european arrest warrant application, finding evidence showed only possibility—not probability—of flight. [2011] iehc 134 has ruled
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Courts Service · 2011-04-05 · courts
high court rejects family-life objection to surrender poland the found that under two european arrest warrants would not breach article 8, but judgment’s closing text does include a formal order. [2011] iehc 136 rejected polish national’s his and family’s rights respect for family life. mr justice e
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Courts Service · 2011-04-05 · courts
high court orders rent payments in linked peugeot dealership lease cases the limited murphy brothers’ liability under westland’s sublease to and service charges through lease’s end notice period, while ordering gowan pay property owners. [2011] iehc 126 of ireland has ordered brothers distributors o
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Courts Service · 2011-04-05 · courts
high court orders security for costs in solicitor negligence case the found company had not shown, this preliminary application, that alleged caused its financial difficulties. amount of remained to be fixed. [2011] iehc 145 has directed pierse desmond limited provide professional against former sol
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Courts Service · 2011-04-05 · courts
high court dismisses claim over serious arm injury on lower sheriff street the found plaintiff fell while trying to jump an erected barrier during roadworks, accepting a witness’s account of incident and rejecting plaintiff’s version. [2011] iehc 176 dismissed kevin boland’s personal against dublin
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