Courts Service · 2011-11-30 · courts
high court awards costs to gilmore but not geraghty after rejected settlement offer in a 2011 judgment, the said gabriel could recover his award exceeded amount offered. patrick geraghty’s was lower than offer, so did him on consequential-loss claim. [2011] iehc 447 awarded declined claim considerin
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Courts Service · 2011-11-30 · courts
high court dismisses two asylum judicial reviews and proposed amendments the declined to let related cases proceed after finding they were filed about seven days out of time grounds did not justify review alongside completed statutory appeals. [2011] iehc 446 dismissed proceedings brought for a nige
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Courts Service · 2011-11-29 · courts
high court rules insolvent hardware company owned insurance cheque, subject to valid claims the rejected directors’ accountant’s apportionment of a €700,000 settlement payment, but left their entitlement open be established properly. [2011] iehc 442 ruled that gerry bredin ltd, which was in liquidat
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Courts Service · 2011-11-25 · courts
high court dismisses patient’s negligence claim against cork hospital the found had adequately explained surgical complications and mrsa infection, that he not established actionable psychiatric injury. [2011] iehc 435 dismissed a mercy university cork, finding been informed about following surgery
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Courts Service · 2011-11-25 · courts
high court finds brennans bread packaging likely to confuse mccambridge shoppers the found a risk of confusion on shop shelves and said an injunction should be granted, but left its precise terms any damages for later consideration. [2011] iehc 433 court, commercial has that joseph brennan bakeries’
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Courts Service · 2011-11-25 · courts
high court refuses injunction to halt deportation pending leave hearing the found applicant had not shown credible evidence of a real, current risk irreparable harm or need remain in ireland exercise access court. [2011] iehc 444 refused an application for interlocutory prevent anonymised pakistan w
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Courts Service · 2011-11-25 · courts
high court refuses leave to challenge possession order over delay and lack of arguable grounds the applicant received one final stay until 10 january 2012; after that, ulster bank could enforce existing order. [2011] iehc 438 refused an seek judicial review for a jointly owned home, finding that his
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Courts Service · 2011-11-24 · courts
high court set to validate lake communications share issue, subject affidavit the found 2009 creation and allotment invalid but concluded validation would be just equitable. its proposed order depends on further evidence being filed. [2011] iehc 455 has said it will limited’s of additional authorise
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Courts Service · 2011-11-24 · courts
appeal court refuses sophie malric leave to challenge drug convictions the of criminal found that trial judge’s later explanations had clarified jury’s task on whether knew she possessed cocaine. dpp v malric; cca 289/10 refused her after finding judge corrected an initially unclear explanation stat
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Courts Service · 2011-11-23 · courts
supreme court majority blocks renewed assault prosecution after district dismissal the appeal concerned whether a case dismissed when failed to attend could be restarted. o’donnell j dissented, concluding applicant had not been tried on merits. allowed janine cleary’s against refusal of judicial rev
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Courts Service · 2011-11-23 · courts
high court refuses leave to challenge nigerian asylum refusal the found no substantial grounds refugee appeals tribunal’s relocation reasoning, but said its inadequately explained credibility comments could not be relied on in later decisions. [2011] iehc 437 refused an application for seek judicial
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Courts Service · 2011-11-23 · courts
supreme court bars indictment prosecution after district dismissal the allowed janine cleary’s appeal, holding that continuing same on would be an abuse of process while court’s order remained in force. [2011] iesc 43 ireland appeal and restrained director public prosecutions from over alleged assau
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Courts Service · 2011-11-23 · courts
high court enters two partial judgments in bank claims against seán quinn mr justice kelly entered judgment for us$219.9 million and €253.95 on sums had admitted under oath, while adjourning the remaining summary applications. [2011] iehc 428 irish resolution corporation limited its quinn, but postp
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Courts Service · 2011-11-23 · courts
high court orders surrender to poland after rejecting objections european arrest warrant the found that respondent had been present during part of his retrial and notified its resumption, so statutory bar for trials conducted wholly in absence did not apply. [2011] iehc 513 has ordered a man under w
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Courts Service · 2011-11-23 · courts
high court rules personal injury claim was not time-barred after piab application the held that limitation period ran from accident date but pause began when board received by fax. motion to dismiss granted in judgment. [2011] iehc 448 ruled a electrician paul kiernan statute-barred, holding paused
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Courts Service · 2011-11-22 · courts
high court orders €102,460 penalty over incorrect capital gains tax return the found, on balance of probabilities, that eileen foley negligently omitted 2003 sale harvey’s bar from her and ordered recovery sought by revenue. [2011] iehc 432 ireland has to pay a after finding she submitted an for fol
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Courts Service · 2011-11-22 · courts
ryanair liable for airport worker’s back injury after unsafe stair manoeuvre the high court found a 2008 and later equipment-related aggravation, but not separate baggage-handling incident. it set €40,000 pain suffering, with special damages costs still to be addressed. [2011] iehc 489 was ground-ha
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Courts Service · 2011-11-22 · courts
high court splits costs after school wins access easement the awarded half its proceedings costs, with a set-off against courts service’s of school’s unsuccessful injunction application. [2011] iehc 434 board management all saints church ireland national in an dispute service, while ordering to pay
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Courts Service · 2011-11-22 · courts
high court awards lidl one third of costs after supermarket planning challenge withdrawn the ruled that environmental-review rule did not cover this local project and ordered applicants to pay its costs. [2011] iehc 488 jc savage limited des becton ireland gmbh they withdrew a judicial review permis
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Courts Service · 2011-11-22 · courts
high court refuses interim order to stop deportation pending judicial review the found no fair issue supporting an injunction based on subsidiary protection refusal and adequate evidence of a personal risk irreversible harm leave hearing. it did not decide whether was lawful. [2011] iehc 441 refused
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Courts Service · 2011-11-22 · courts
high court strikes out challenge over refusal to reopen asylum process the leave application had not yet been heard. found proposed judicial review was bound fail and dismissed proceeding at respondent’s request. [2011] iehc 436 struck a challenging allow subsequent application, before applicant’s f
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Courts Service · 2011-11-17 · courts
high court orders discovery and further particulars in bank guarantee dispute the directed a guarantor to provide specified ordered as bank’s claim against her proceeds plenary hearing. it did not decide whether was enforceable. [2011] iehc 426 has make with danske a/s, trading national irish bank,
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Courts Service · 2011-11-16 · courts
high court rejects challenge over reasons for special criminal certificate the ruled that thomas murphy had not established standing to pursue his constitutional and convention claims because he presented no evidence about own circumstances. 2011 [iehc] 536 has declined consider a director of public
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Courts Service · 2011-11-16 · courts
high court dismisses carpenter’s injury claim over misleading medical history the found plaintiff dishonestly exaggerated his symptoms to experts, who relied on that history. it dismissed under section 26 of civil liability and courts act 2004. [2011] iehc 487 a personal after finding he them about
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Courts Service · 2011-11-16 · courts
high court quashes ombudsman decision over mortgage complaints the found serious errors in document-only review of two and sent case back for further consideration, without deciding their merits. [2011] iehc 422 has quashed a financial services on borrower’s about bank’s handling commercial mortgage
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Courts Service · 2011-11-16 · courts
cleaner ordered to pay management company’s costs after €22,518 award the high court limited successful circuit scale, estimated a three-day hearing, and refused separate order against cleaner. [2011] iehc 423 cleaning contractor was of hollybrook (brighton road) company on scale recovered €22,518.4
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Courts Service · 2011-11-16 · courts
high court sends mortgage complaint back to ombudsman for review the found serious errors in ombudsman’s decision, including an unresolved dispute over what borrowers were told before switching rates. [2011] iehc 439 has sent a involving irish life and permanent plc financial services review, findin
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Courts Service · 2011-11-16 · courts
high court overturns drink-driving dismissal based on breath-test humidity the answered all three legal questions against district court’s decision, holding that certificate presumption had not been rebutted and prosecution should have allowed to seek an adjournment for rebuttal evidence. [2011] ieh
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Courts Service · 2011-11-15 · courts
supreme court bars disclosure of fire evidence pending prosecution decision the allowed garda commissioner’s appeal over two cctv recorders and forensic reports, ordering that they remain undisclosed until a is made whether to prosecute. has ruled digital video reports connected 2009 in moville are
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Courts Service · 2011-11-15 · courts
state ordered to pay €49,600 over incorrect scallop-fishing advice the high court found liable for negligent misinformation that led two fishing partners fish in an area where eu rules prohibited scallop fishing. it rejected most of their claimed losses. [2011] iehc 429 has awarded after finding the
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Courts Service · 2011-11-15 · courts
supreme court rejects garda bid to withhold fire investigation material from civil claim the dismissed commissioner’s appeal over discovery of cctv equipment and forensic material, finding no general privilege based on a possible future prosecution. against an order requiring disclosure relevant ins
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Courts Service · 2011-11-15 · courts
high court rejects fishing company’s claim over 2010 mackerel quota the found no legitimate expectation that a lengthened vessel would receive over-65-foot allocation. it said proceedings should be dismissed, subject to submissions on order. [2011] iehc 427 has rejected carbery limited’s claims allo
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Courts Service · 2011-11-15 · courts
supreme court upheld garda immunity claim over material needed for criminal investigation in a separate judgment agreeing with the chief justice, o’donnell j said civil parties could proceed without or wait time-limited to fall away. by commissioner withhold from disclosure proceedings while it was
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Courts Service · 2011-11-11 · courts
high court rules charitable bequest to ‘the haven’ goes masonic havens the admitted affidavit evidence identify intended charity, while finding wording of will alone did not unambiguously name limited. [2011] iehc 525 has ruled that a in edna o’flynn’s should benefit limited, which operates sheltere
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Courts Service · 2011-11-11 · courts
high court rejects drink-driving challenges over intoxilyser software disclosure [2010] iehc 522 the has rejected by four motorists who argued that access to and technical information for lion irl 6000 was necessary fairly contest prosecutions. patrick dowling sought quash his june 2007 district con
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Courts Service · 2011-11-10 · courts
high court says taliban exclusion comments were not part of asylum appeal decision the refused to quash refugee appeals tribunal’s but declared that its remarks about article 1f conditional and had no operative effect. [2011] iehc 412 has excluding an afghan applicant from protection under observati
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Courts Service · 2011-11-10 · courts
district court orders six-month supervision for two children the made a order child 2 and 3 after finding statutory threshold met, while adjourning custody, access guardianship issues. [2011] iedc 9 an chúirt dúiche / 3, that intervention was met in their best interests. it adjourned parents’ issues
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Courts Service · 2011-11-10 · courts
high court quashes asylum refusal over risk of denied education in serbia the held that a real roma or ashkali child would be basic could amount to persecution under refugee law. it quashed appeal tribunal’s refusal. [2011] iehc 431 has tribunal decision refusing an application made for born ireland
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Courts Service · 2011-11-10 · courts
high court awards petition costs in company winding-up case, declines priority order for now the petitioner’s are to be taxed if not agreed. made no ruling on whether those should rank alongside liquidator’s and left a properly filed application open. [2011] iehc 424 has ordered jer ryan electrical
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Courts Service · 2011-11-09 · courts
high court strikes out imagine companies’ statement of claim against motorola the companies were given an opportunity to file a new, more detailed after found their re-amended pleading failed meet earlier order’s requirements. [2011] iehc 504 court, commercial struck brought by three group motorola,
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Courts Service · 2011-11-09 · courts
high court dismisses psychiatrist’s claim over temporary hospital post the rejected his claims under contract and legitimate-expectation grounds, but left fixed-term employment for statutory process. [2011] iehc 421 dismissed a to permanent with health service executive, finding that neither nor all
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Courts Service · 2011-11-08 · courts
high court halts setanta manager’s disciplinary investigation in its proposed form the stopped an led by insurer’s hr manager pending trial, finding a serious risk it would go beyond evidence gathering. paid suspension could continue, and company start different investigation. [2011] iehc 410 restra
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Courts Service · 2011-11-02 · courts
high court upholds official’s authority to make deportation order in minister’s name the dismissed a judicial review challenging whether minister for justice had decision personally. [2011] iehc 404 application be made personally by justice. mr gerard hogan held that could lawfully an authorised sen
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Courts Service · 2011-11-02 · courts
high court refused examiner appointment for binman group over survival concerns the said evidence did not establish a reasonable prospect that mr. or any part of its undertaking could survive as going concern. [2011] iehc 401 to appoint an waste collection company and four related companies, finding
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Courts Service · 2011-11-02 · courts
high court orders release after finding deportation arrest unlawful the found that an albanian national’s answers he did not want to return home were too slender a basis for suspecting would evade deportation. [2011] iehc 405 has ordered of national from cloverhill prison his over order unlawful. in
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Courts Service · 2011-11-01 · courts
district court makes care orders for two children, with reunification still possible the found statutory threshold met and ordered until each child turns 18, while directing support, flexible family access a six-month review. [2011] iedc 8 an chúirt dúiche (the court) made age 18 finding that under
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