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Courts Service · 2011-10-28 · courts

High Court rules bank could not set off €1.6m from joint account against late husband’s loan

high court rules bank could not set off €1.6m from joint account against late husband’s loan the found surviving holder was entitled to balance in one deposit account, but had no claim funds a second created meet loan’s security requirement. [2011] iehc 402 ruled that of scotland use money reduce ow

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Courts Service · 2011-10-28 · courts

High Court approves Cheshire Foundation scheme for €2.79m in restricted funds

high court approves cheshire foundation scheme for €2.79m in restricted funds the found could be combined with charity’s general assets common charitable purposes, but limited to listed its schedule. [2011] iehc 419 proposed approving a allowing ireland use €2,794,114 alongside funds, after finding

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Courts Service · 2011-10-28 · courts

High Court orders immediate liquidation of Custom House Capital

high court orders immediate liquidation of custom house capital the acted after inspectors reported insolvency and widespread misuse client funds; it appointed kieran wallace as liquidator. [2011] iehc 399 ordered ltd (chc) wound up with effect in public interest, appointing liquidator found company

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Courts Service · 2011-10-28 · courts

High Court quashes planning refusal after sole objector withdrew appeal

high court quashes planning refusal after sole objector withdrew appeal the held board’s took legal effect only when it was issued, had been withdrawn. declared null and void granted certiorari. [2011] iehc 400 has quashed an bord pleanála’s of permission for a mixed use development near enniscorthy

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Courts Service · 2011-10-28 · courts

High Court directs receiver to take possession of Citywest property occupied by Graham Mason

high court directs receiver to take possession of citywest property occupied by graham mason the ruled that had no right remain in ahead bank scotland’s earlier registered charge. application concerning a second was adjourned. [2011] iehc 497 has directed hss (in receivership) mason, ruling his clai

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Courts Service · 2011-10-28 · courts

High Court refuses leave to challenge denial of second asylum application

high court refuses leave to challenge denial of second asylum application the found no substantial ground review minister’s refusal consent, where proposed repeated original claim without new evidence. [2011] iehc 406 refused l. h.’s for seek judicial 2008 let him make a application. held that raise

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Courts Service · 2011-10-28 · courts

High Court says it can fix costs in straightforward, uncontested cases

high court says it can fix costs in straightforward, uncontested cases the ruled that had jurisdiction to measure simple judicial review and habeas corpus proceedings, but left amount this case undecided for 28 days. [2011] iehc 408 has a gross sum legal cases, president of kearns judgment delivered

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Courts Service · 2011-10-28 · courts

High Court grants divorce and revises pension and maintenance orders

high court grants divorce and revises pension maintenance orders a supplemental judgment changed the financial care arrangements after heard further submissions about debt, daughters’ living provision. [2011] iehc 559 granted decree of to j.d.f. c.f. in october 2011 finding that they had lived apart

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Courts Service · 2011-10-28 · courts

High Court refuses leave on refugee remedy challenge, adjourns remaining grounds

high court refuses leave on refugee remedy challenge, adjourns remaining grounds mr justice hogan held that judicial review could provide an effective against the minister’s refugee-status decision. he adjourned rest of application pending eu reference. [2011] iehc 409 refused p. m. to seek her chal

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Courts Service · 2011-10-28 · courts

Man sentenced to six years for rape and oral rape in Central Criminal Court

man sentenced to six years for rape and oral in central criminal court the imposed concurrent sentences five convictions involving two complainants, with all terms backdated his custody after conviction. [2011] ieccc 5 high court, a identified judgment as c.f. was prison jury convicted him of offenc

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Courts Service · 2011-10-26 · courts

High Court refuses relief over transfer of former care leaver to Galway

high court refuses relief over transfer of former care leaver to galway the found hse had breached regulations by not preparing a plan, but declined judicial review sought applicants’ and aftercare claims. [2011] iehc 507 refused two applicants who challenged their from dublin after turning 18, find

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Courts Service · 2011-10-26 · courts

High Court quashes convictions after judge’s prior solicitor-client relationship raised bias concerns

high court quashes convictions after judge’s prior solicitor-client relationship raised bias concerns the found that former solicitor had represented applicant on seven occasions over six years and said an objective observer could have difficulty being confident he would approach later case with ope

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Courts Service · 2011-10-25 · courts

High Court awards €132,428 after finding two drivers jointly liable for crash injuries

high court awards €132,428 after finding two drivers jointly liable for crash injuries the found responsible successive impacts to be concurrent wrongdoers, with second driver 20% of impact and entitled recover 80% from first. [2011] iehc 403 awarded kerrill lindsay in damages that were severally he

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Courts Service · 2011-10-25 · courts

High Court quashes refusal to revoke Nigerian father’s deportation order

high court quashes refusal to revoke nigerian father’s deportation order the found minister had not fairly weighed irish family’s rights, including practical barriers mother and children joining him in nigeria. [2011] iehc 397 quashed for justice’s decision refusing a against man, finding that right

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Courts Service · 2011-10-25 · courts

High Court rejects worker’s claim over back injury during car clamping

high court rejects worker’s claim over back injury during car clamping the accepted that rodney forde suffered a serious at work but found he had not proved defective, jammed bar caused it or his employer was negligent. [2011] iehc 407 has rejected for damages while fitting wheel clamp in dublin 200

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Courts Service · 2011-10-24 · courts

High Court dismisses habeas corpus application over transfer to Cork Prison

high court dismisses habeas corpus application over transfer to cork prison the applicant argued that lacked a warrant detain him after 56-day from portlaoise. held order under section 17 of 1914 act provides authority for transfer. [2011] iehc 398 dismissed an by prisoner who his detention at was u

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Courts Service · 2011-10-24 · courts

High Court rules Georgian man’s immigration detention lawful

high court rules georgian man’s immigration detention lawful the refused an article 40 application, finding that restraint during border processing and pending deportation were lawful. it also criticised delay in allowing him to contact family lawyers. [2011] iehc 395 has application release a man f

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Courts Service · 2011-10-21 · courts

High Court finds no rational basis for zoning Bishopstown house as public open space

high court finds no rational basis for zoning bishopstown house as public open space the found inclusion of a dwelling and its curtilage in could not be supported by plan’s objectives. it reserved question what order to make. [2011] iehc 555 has logical including land zoned space, but yet decide sho

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Courts Service · 2011-10-21 · courts

Woman sentenced to five years for unlawful killing

woman sentenced to five years for unlawful killing the high court imposed a five-year prison sentence after considering guilty plea, remorse, cooperation with gardaí and personal circumstances. [2011] ieccc 4 court; central criminal has ann berry in she pleaded of anthony riordan. mr justice garrett

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Courts Service · 2011-10-20 · courts

Court refuses Joseph Daly’s appeal against 25-year sentence for cocaine importation

court refuses joseph daly’s appeal against 25-year sentence for cocaine importation the of criminal held that was appropriate role in a major smuggling operation, despite 15-year gap between his term and co-accused’s sentence. c.c.a. no. 219 2008 has refused daly leave to prison possessing sale or s

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Courts Service · 2011-10-20 · courts

Court extends time but refuses certificate in murder and arson appeal case

court extends time but refuses certificate in murder and arson appeal case the of criminal allowed more to bring a application declined certify proposed legal question for supreme court. applicant’s separate leave his convictions remained pending. extended john paul buck an under section 29 courts j

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Courts Service · 2011-10-19 · courts

High Court stays deportation orders pending leave decision in family’s challenge

high court stays deportation orders pending leave decision in family’s challenge the granted interim protection while application for permission to seek judicial review remains undecided, finding could not yet be called unsustainable. [2011] iehc 443 a stay of against mother and her three children i

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Courts Service · 2011-10-19 · courts

Criminal Appeal Court refuses leave to challenge life sentence for manslaughter

criminal appeal court refuses leave to challenge life sentence for manslaughter the held that imprisonment was legally available and declined against in this case. of has refused an application by ronald mcmanus severity his manslaughter. concluded sentencing judge had made no error principle. been

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Courts Service · 2011-10-19 · courts

Court refuses leave to appeal on solicitation convictions

court refuses leave to appeal on solicitation convictions the of criminal rejected sharon collins’s challenges three for soliciting murder. her separate grounds concerning conspiracy were not opposed by prosecution and outside application considered. refused collins essam eid murder members howard f

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Courts Service · 2011-10-19 · courts

Court rejects Craig White’s application for leave to appeal murder conviction

court rejects craig white’s application for leave to appeal murder conviction the of criminal found no legal error in trial judge’s rulings or jury directions and rejected appeal. mandatory life sentence were not set aside. has his murdering noel roche, finding jury. white was convicted by a unanimo

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Courts Service · 2011-10-19 · courts

Supreme Court sends divorce provision dispute back to High Court

supreme court sends divorce provision dispute back to high the ruled that court’s overall financial was excessive, including orders for a second house and €600,000 lump sum, remitted case fresh determination. allowed an appeal against level of ordered in sent matter determine proper provision. it aw

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Courts Service · 2011-10-19 · courts

Court rejects leave to appeal convictions in historic abuse case

court rejects leave to appeal convictions in historic abuse case the of criminal found no legal error trial judge’s decisions on a joint trial, evidence and jury directions. application concerned conviction only; separate sentence was not addressed this judgment. rejected anthony hardiman’s for his

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Courts Service · 2011-10-19 · courts

Criminal Appeal Court refuses leave to appeal conviction for serious assault

criminal appeal court refuses leave to conviction for serious assault the rejected challenges a trial judge’s handling of witness’s answer and refusal order separate trial. has refused derek hayes his causing harm, rejecting two conduct joint was convicted at limerick circuit on 23 april 2010 one co

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Courts Service · 2011-10-19 · courts

Court of Criminal Appeal makes no order on suspended-sentence application

court of criminal appeal makes no order on suspended-sentence application the said it lacked jurisdiction to consider revoking a suspended sentence because required remand had not occurred before district imposed sentence. made an concerning part robert devine’s sentence, ruling that revocation stat

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Courts Service · 2011-10-19 · courts

Court of Criminal Appeal rules it can consider revoking suspended sentence

court of criminal appeal rules it can consider revoking suspended sentence the held that was proper to deal with possible revocation after later offences, while finding had no jurisdiction over offences committed before its 2007 sentencing order. has ruled is appropriate whether revoke all or part a

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Courts Service · 2011-10-18 · courts

Court of Criminal Appeal sets aside sexual assault conviction after finding jury lacked a clear direction

court of criminal appeal sets aside sexual assault conviction after finding jury lacked a clear direction the ruled that prejudicial evidence about alleged non-criminal conduct required specific instruction it was irrelevant to charge deciding. has set william canty’s on one count assault, ruling ju

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Courts Service · 2011-10-18 · courts

Appeal court quashes contractor’s conviction over fatal trench collapse

appeal court quashes contractor’s conviction over fatal trench collapse the of criminal held that prosecution had not established a prima facie case an unsafe work system and ordered be set aside without retrial. has p.j. carey (contractors) limited for failing to provide safe after worker was kille

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Courts Service · 2011-10-18 · courts

District Court declines hearsay evidence on allegations against father at preliminary stage

district court declines hearsay evidence on allegations against father at preliminary stage the said hse had not shown that father’s sister was unavailable to give evidence, but left open possibility of a further application. [2011] iedc 7 an chúirt dúiche (the court) has ruled about made by respond

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Courts Service · 2011-10-18 · courts

High Court invalidates passenger charge on Aran Islands ferry operator

high court invalidates passenger charge on aran islands ferry operator the ruled that €1.20 imposed at rossaveel was an unreasonable use of minister’s statutory powers. other claims and damages issues remained unresolved. [2011] iehc 388 declared unlawful a island ferries teoranta under 2003 fishery

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Courts Service · 2011-10-17 · courts

High Court proposes March deadline and staged discovery in Madoff-related cases

high court proposes march deadline and staged discovery in madoff-related cases the outlined a conditional extension for disclosure by parties other than thema, while reserving timetable details further submissions. [2011] iehc 496 court, commercial proposed extending three proceedings to 16 2012, w

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Courts Service · 2011-10-17 · courts

High Court to hear whether Thema legal advice can be withheld from other parties

high court to hear whether thema legal advice can be withheld from other parties the did not decide documents were privileged or order hsbc claim privilege in discovery. it directed a hearing on any could relied against four parties. [2011] iehc 495 court, commercial has international fund plc rely

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Courts Service · 2011-10-14 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found that errors and possible translation discrepancies did not undermine tribunal’s overall credibility assessment. [2011] iehc 390 refused an iranian applicant seek judicial review of a refugee appeals tribunal upheld negative recom

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Courts Service · 2011-10-14 · courts

High Court approves proposed Quinn Insurance business transfer to Liberty Direct

high court approves proposed quinn insurance business transfer to liberty direct the rejected objections scheme, finding no demonstrated prejudice policyholders or employees. completion remained subject outstanding conditions. [2011] iehc 382 approved a scheme certain limited (qil) non-life mutual c

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Courts Service · 2011-10-14 · courts

High Court grants AIB limited injunction in dispute over alleged client transfers

high court grants aib limited injunction in dispute over alleged client transfers the order against three former employees and centralis restricts customer solicitation certain business dealings until trial or 20 march 2012. a separate claim another employee was dismissed at this stage for lack of e

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Courts Service · 2011-10-13 · courts

Supreme Court dismisses appeal over refusal to return two children to New York

supreme court dismisses appeal over refusal to return two children new york the upheld high court’s use of children’s objections under hague convention, finding no grounds interfere with its discretion. has dismissed a father’s against decision refusing his sons convention. was heard on 6 october 20

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Courts Service · 2011-10-13 · courts

High Court awards €97,417 to Mountbellew public-house owner for losses after building damage

high court awards €97,417 to mountbellew public-house owner for losses after building damage in a supplemental judgment, the allowed six years of reduced rent loss and limited travel drilling costs, while rejecting claims including pub licence from an adjoining house. 2012 [iehc] 524 awarded gabriel

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Courts Service · 2011-10-13 · courts

High Court quashes refusal to lift deported father’s lifetime exclusion

high court quashes refusal to lift deported father’s lifetime exclusion the found minister had not properly assessed a revocation application involving an irish citizen family. it set aside refusal, without deciding whether eu law under zambrano applied. [2011] iehc 417 has quashed for justice’s rev

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Courts Service · 2011-10-13 · courts

Irish appeal court refuses leave to appeal rape conviction

irish appeal court refuses leave to rape conviction the of criminal found busáras identification process fair and jury directions adequate on evidence. it an instruction drawing inferences was incomplete, but said did not make verdict unsafe. c.c.a. no. 88/08 has refused beroket mekonnen his for rap

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Courts Service · 2011-10-12 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the held that no substantial ground warranted seek judicial review of refugee appeals tribunal’s on an applicant’s claim. [2011] iehc 389 has refused applicant a affirming negative recommendation her ruled had been raised warrant leave; it

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Courts Service · 2011-10-12 · courts

High Court refuses injunction to halt deportation pending judicial review

high court refuses injunction to halt deportation pending judicial review the found no fair issue on applicant’s challenges subsidiary protection decision and stateable case that order was unlawful. [2011] iehc 381 refused an interlocutory would have restrained of anonymised applicant while he pursu

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Courts Service · 2011-10-11 · courts

Nigerian woman granted leave to challenge refusal of subsidiary protection

nigerian woman granted leave to challenge refusal of subsidiary protection the high court found substantial grounds how minister assessed alleged serious harm by non-state actors, but refused on access sickle cell treatment. [2011] iehc 393 j. t. m. seek judicial review minister’s protection, findin

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Courts Service · 2011-10-11 · courts

High Court refuses refugee mother’s bid for public access to social welfare appeal decisions

high court refuses refugee mother’s bid for public access to social welfare appeal decisions the found no duty maintain a database of appeals office and refused relief sought. applicant’s separate review her child benefit entitlement was still under consideration. [2011] iehc 379 an application by i

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Courts Service · 2011-10-11 · courts

District Court orders care for three children after finding serious harm to infant

district court orders care for three children after finding serious harm to infant the found that a four-month-old boy suffered repeated non-accidental injuries, but could not determine who caused them. it ordered until turn 18, with reviews and directions on access. [2011] iedc 6 an chúirt dúiche /

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Courts Service · 2011-10-10 · courts

Supreme Court quashes inspectors’ report over disputed evidence procedure

supreme court quashes inspectors’ report over disputed evidence procedure the held that findings about john j. byrne’s trust arrangements were reached without jurisdiction because two inspectors who had not heard his joined despite direct conflicts key facts. quashed a by appointed to investigate af

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Courts Service · 2011-10-10 · courts

High Court strikes out Richard Bennett’s claim against Garda complaints board

high court strikes out richard bennett’s claim against garda complaints board the ruled that pleaded allegations disclosed no cause of action and lacked facts to support claims malice or misconduct. [2011] iehc 377 has struck síochána board, finding his amended statement did not set capable supporti

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Courts Service · 2011-10-07 · courts

High Court proposes quashing asylum decision over assessment of FGM risk to child

high court proposes quashing asylum decision over assessment of fgm risk to child mr justice hogan said the tribunal had not adequately assessed a young yoruba girl independently alleged threats from her grandfather. he proposed and remitting case for fresh consideration. [2011] iehc 373 refugee app

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Courts Service · 2011-10-07 · courts

ACC Bank blocks O’Hara bond case but Gallagher allowed to pursue €500,000 investment claim

acc bank blocks o’hara bond case but gallagher allowed to pursue €500,000 investment claim [2011] iehc 367 high court (commercial) the has stopped solicitor joseph from pursuing a action against over solid world investments, while allowing similar by restaurateur patrick proceed. both men borrowed s

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Courts Service · 2011-10-07 · courts

High Court quashes rejection of Gaza family’s asylum claim

high court quashes rejection of gaza family’s asylum claim the found that refugee appeals tribunal had relied on an unreasonable credibility assessment and sent case back for fresh consideration. [2011] iehc 392 has quashed a decision rejecting suha nateel three her children’s claims, ruling central

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Courts Service · 2011-10-07 · courts

High Court refuses surrender to Poland over one offence in composite sentence

high court refuses surrender to poland over one offence in composite sentence the found it could not establish that a european arrest warrant corresponded an under irish law. because covered four offences and be severed, was refused. [2011] iehc 374 refused robert orlowski after finding of by did co

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Courts Service · 2011-10-07 · courts

High Court dismisses Haulbowline’s bid for security for costs in Passage West land dispute

high court dismisses haulbowline’s bid for security costs in passage west land dispute the found defendant had not established a prima facie defence to maulbawn limited’s claim, while giving it two weeks deliver and awarding plaintiff of its default motion. [2011] iehc 394 dismissed haulbowline indu

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Courts Service · 2011-10-07 · courts

Appeal court replaces life sentences for rape with 15 years’ imprisonment

appeal court replaces life sentences for rape with 15 years’ imprisonment the of criminal ruled that offences were extremely serious but did not fall within exceptional category required discretionary sentences. it also found alleged “extraneous events” should have been left out sentencing decision.

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Courts Service · 2011-10-06 · courts

High Court bars prosecution of retired priest over alleged 1967–69 assaults

high court bars prosecution of retired priest over alleged 1967–69 assaults the found a real risk an unfair trial after key evidence had been lost decades. it did not decide whether buggery was offence known to law. [2011] iehc 378 has barred director public prosecutions from continuing against accu

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Courts Service · 2011-10-06 · courts

High Court orders release after ruling immigration charge did not disclose an offence

high court orders release after ruling immigration charge did not disclose an offence the found particulars unconstitutional as formulated, making applicant’s current detention unlawful. it decide whether prosecution could later seek to amend charge. [2011] iehc 372 ordered of a woman detained on fi

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Courts Service · 2011-10-06 · courts

High Court declines partial enforcement of disputed €268m arbitration award

high court declines partial enforcement of disputed €268m arbitration award the found grounds to consider delaying its decision while a challenge proceeds in austria, but left adjournment and proposed security order for further submissions. [2001] iehc 369 declined permit immediate part €268 million

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Courts Service · 2011-10-06 · courts

High Court rejects challenge to subsidiary protection procedures

high court rejects challenge to subsidiary protection procedures the refused s. l.’s application for judicial review, finding no legal defect in arrangements under 2006 regulations determining applications. [2011] iehc 370 has review challenging ireland’s deciding applications protection. a judgment

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Courts Service · 2011-10-05 · courts

Hollybrook management company awarded €22,518 after cleaning contract dispute

hollybrook management company awarded €22,518 after cleaning contract dispute the high court found gina farrell breached her by not providing two cleaners on every weekday morning, but rejected company’s other claims. [2011] iehc 375 (brighton road) limited €22,518.40 in damages finding to clean com

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Courts Service · 2011-10-04 · courts

High Court rules neither side’s standard terms governed aggregate supply contract

high court rules neither side’s standard terms governed aggregate supply contract the decided first issue in a modular trial: governing to finglas construction project from 2003 2005. final form of order remained be settled after submissions counsel. [2011] iehc 364 court, commercial has ruled that

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Courts Service · 2011-10-03 · courts

High Court orders Liam Adams surrendered to Northern Ireland over 18 alleged offences

high court orders liam adams surrendered to northern ireland over 18 alleged offences the rejected his objections surrender, finding statutory requirements met. allegations remain for prosecution in ireland. [2011] iehc 366 has ordered dominic face on offences, after rejecting under european arrest

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