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Courts Service · 2011-12-29 · courts

High Court: Irish entry permission lapses when non-national leaves State

high court: irish entry permission lapses when non-national leaves state the court refused to order authorities tell uk officials that a bolivian couple retained re-enter ireland, ruling their earlier had lapsed they left. [2011] iehc 491 ruled granted enter ireland person state, including later see

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Courts Service · 2011-12-29 · courts

High Court bars pregnant asylum seeker’s transfer by air or sea to UK

high court bars pregnant asylum seeker’s transfer by air or sea to uk the held that rizwana aslam had missed opportunity rely on her marriage under dublin regulation, but restrained while she was heavily pregnant. [2011] iehc 512 of a seeker united kingdom sea, allowing for road northern ireland con

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Courts Service · 2011-12-23 · courts

High Court orders release after maintenance debtor jailed without required warning

high court orders release after maintenance debtor jailed without required warning the found that a district summons did not warn of possible imprisonment and had no fair chance to pay before being for contempt. [2011] iehc 492 ordered man seven days over unpaid maintenance, finding warned him was o

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Courts Service · 2011-12-21 · courts

Johnston awarded six days’ costs against Mallon in ACC Bank case

johnston awarded six days’ costs against mallon in acc bank case the high court allowed to recover of six-day third-party dispute, including two days already covered by an earlier order. it refused his separate claim for indemnity and mallon’s quantum-hearing costs. [2011] iehc 502 has ordered josep

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Courts Service · 2011-12-21 · courts

High Court rejects driver’s claim against GP over fatal Donegal collision

high court rejects driver’s claim against gp over fatal donegal collision the found driver had not proved that a medical episode caused crash and dismissed his former for indemnity or contribution. it left undecided whether owed duty of care to injured child. [2011] iehc 461 has general practitioner

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Courts Service · 2011-12-21 · courts

Supreme Court declares 1935 offence provision inconsistent with Constitution

supreme court declares 1935 offence provision inconsistent with constitution the allowed an appeal over section 2(1) of criminal law (amendment) act 1935, holding that did not survive and could be revived by a 1997 amendment. has declared constitution, allowing z. s. setting aside high order. judgme

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Courts Service · 2011-12-21 · courts

High Court grants Bank of Scotland judgment for €206.4m against James Mansfield

high court grants bank of scotland judgment for €206.4m against james mansfield the rejected mansfield’s proposed defence based on alleged funding promises a citywest convention centre and allowed to execute full judgment. [2011] iehc 463 court, commercial has granted plc €206,396,577.74, plus inter

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Courts Service · 2011-12-21 · courts

Supreme Court did not decide constitutional challenge to amended sexual-offence law

supreme court did not decide constitutional challenge to amended sexual-offence law in a separate judgment, murray j. considered the effect of 1997 amendment but said court’s majority treated provision as pre-1937 legislation, leaving question undecided his judgment. validity judgment delivered by o

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Courts Service · 2011-12-21 · courts

High Court refuses Nigerian woman’s challenge to asylum appeal decision

high court refuses nigerian woman’s challenge to asylum appeal decision the held that refugee appeals tribunal could reassess credibility at an oral hearing and refused application for judicial review. [2011] iehc 484 has a leave seek review of upheld rejection her claim. mr justice cooke delivered

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Courts Service · 2011-12-21 · courts

High Court rejects dentist’s appeal against erasure from register

high court rejects dentist’s appeal against erasure from register the upheld dental council’s decision after finding that fitness to practice committee’s misconduct findings were supported by evidence. it adjourned question of sanction for further submissions. [2011] iehc 533 has rejected a applicat

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Courts Service · 2011-12-21 · courts

Court refuses to certify two questions for Supreme Court appeal in Morgan case

court refuses to certify two questions for supreme appeal in morgan case the of criminal declined about unrecorded search-warrant applications and an accomplice warning, after application following its earlier judgment. has refused martin morgan’s case, finding that neither met requirements section

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Courts Service · 2011-12-21 · courts

High Court awards €1.59m in wrongful-death damages, including lost inheritance

high court awards €1.59m in wrongful-death damages, including lost inheritance the defendants did not contest liability, so case proceeded to an assessment of damages. awarded deceased’s dependants €1,591,957.70, compensation for loss expected from his mother’s estate. [2011] iehc 460 €1,591,957.70

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Courts Service · 2011-12-21 · courts

Supreme Court rules amended under-17 offence was re-enacted after Constitution

supreme court rules amended under-17 offence was re-enacted after constitution the held that a 1997 amendment substantively expanded offence, giving it status of post-1937 enactment. did not decide whether accused could rely on an honest belief about complainant’s age. to involving unlawful carnal k

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Courts Service · 2011-12-21 · courts

High Court refuses Maxol leave to challenge Clonakilty petrol station permission

high court refuses maxol leave to challenge clonakilty petrol station permission the found lacked standing pursue its judicial review grounds. it did not decide whether planning was invalid. [2012] iehc 537 refused limited a of an bord pleanála’s decision uphold for proposed by john crowley in clona

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Courts Service · 2011-12-21 · courts

High Court sets out costs orders in long-running waste remediation case

high court sets out costs orders in long-running waste remediation case the apportioned across connected proceedings over unlawful and site remediation, while leaving south dublin county council with no order main cases. [2011] iehc 499 has set how legal are to be divided at a requiring following ea

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Courts Service · 2011-12-21 · courts

Supreme Court rejects nurse’s bias challenge to fitness inquiry panel

supreme court rejects nurse’s bias challenge to fitness inquiry panel the dismissed an appeal over chairperson’s employment at same hospital as expert witness, finding no sufficient basis apprehend bias. has by a registered nurse and midwife who argued that chairperson of professional could not be s

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Courts Service · 2011-12-21 · courts

Supreme Court dismisses nurse’s appeal against suspension pending fitness inquiry

supreme court dismisses nurse’s appeal against suspension pending fitness inquiry the upheld a high order suspending a. o’c from general nurse and midwives divisions of register while professional misconduct remains pending. dismissed an by her registration as midwife into alleged misconduct. court’

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Courts Service · 2011-12-21 · courts

High Court rules National Aquatic Centre is not rateable

high court rules national aquatic centre is not rateable the answered both questions in a case stated affirmative, finding was occupied by state for purposes of valuation act 2001. [2011] iehc 506 ruled that because it within meaning section 15(3) mr justice michael peart delivered judgment on 21 de

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Courts Service · 2011-12-21 · courts

High Court appoints examiner to McSweeney pharmacy group over AIB’s objections

high court appoints examiner to mcsweeney pharmacy group over aib’s objections the found a reasonable prospect that all or part of group’s business could survive, but left questions about any future restructuring scheme for later hearing. [2011] iehc 494 appointed an companies on 11 november 2011, r

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Courts Service · 2011-12-21 · courts

High Court rejects Irish citizenship claim by child born to asylum seeker

high court rejects irish citizenship claim by child born to asylum seeker the found that child’s mother’s right remain in ireland was restricted when born, before mother declared a refugee. 2012 [iehc] 526 refused four-year-old girl’s application be recognised as an citizen, ruling her residence bor

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Courts Service · 2011-12-20 · courts

High Court splits costs after oppression claim against Skytours director

high court splits costs after oppression claim against skytours director the awarded shareholder of proving and securing a share purchase, but ordered him to pay company director’s accountant-related valuation by offset. [2011] iehc 518 has john bergin most mark edmond doyle’s successful proceedings

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Courts Service · 2011-12-20 · courts

High Court refuses dismissed garda’s bid to return to force

high court refuses dismissed garda’s bid to return force the rejected a judicial review challenge kevin galvin’s dismissal, citing delay, material non-disclosure and acquiescence. it also said failed on its merits refused requested relief. [2011] iehc 486 has application overturn his dismissal from

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Courts Service · 2011-12-20 · courts

High Court dismisses appeal over €850 distress award in Quinn Healthcare complaint

high court dismisses appeal over €850 distress award in quinn healthcare complaint the found no serious and significant error ombudsman’s decision, which had awarded for inconvenience after insurer gave incorrect information about treatment cover. [2011] iehc 483 dismissed jacinta de paor’s against

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Courts Service · 2011-12-20 · courts

High Court rejects John and Geraldine Gilligan human-rights challenges to CAB law

high court rejects john and geraldine gilligan human-rights challenges to cab law [2011] iehc 465 by eoin marsh the has dismissed brought over proceedings taken against them under proceeds of crime act 1996. cases formed part long-running litigation involving criminal assets bureau. earlier constitu

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Courts Service · 2011-12-20 · courts

High Court orders disposal of properties in Proceeds of Crime case, with stays and a 20% share for Tracey Gilligan

high court orders disposal of properties in proceeds crime case, with stays and a 20% share for tracey gilligan the rejected john gilligan’s limitation argument set out proposed following earlier section 3(3) decisions. it said would hear parties on orders’ terms. [2011] iehc 464 has decided to make

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Courts Service · 2011-12-20 · courts

High Court rules €300,000 payment was personal loan to company owner

high court rules €300,000 payment was personal loan to company owner the rejected a defence that money an investment in easiwrap ltd. or part of share purchase, finding evidence did not show original had later been varied. 2011 [iehc] 528 ruled made by businessman damien stapleton philip doran july

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Courts Service · 2011-12-20 · courts

Acquitted defendants awarded half their costs after lengthy competition trial

acquitted defendants awarded half their costs after lengthy competition trial the central criminal court said prosecution was properly brought and fairly conducted, but two 50% of because delay burden a jury trial. [2011] ieccc 2 offences were found that time charges remained pending, together with

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Courts Service · 2011-12-19 · courts

High Court dismisses challenge to child’s rejected asylum report

high court dismisses challenge to child’s rejected asylum report the ruled that statutory appeal was an adequate route contest refugee applications commissioner’s decision. it did not decide whether child faced a risk of forcible circumcision in nigeria. [2011] iehc 485 dismissed judicial review pro

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Courts Service · 2011-12-19 · courts

High Court rejects bid to stop fisheries judicial reviews

high court rejects bid to stop fisheries judicial reviews the dismissed state respondents’ motion set aside leave in two linked cases, allowing applicants proceed. it did not decide underlying disputes. [2011] iehc 527 has a by respondents for review proceed with their claims. mr justice cross ruled

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Courts Service · 2011-12-19 · courts

High Court allows late registration of Peleton charge, subject to bank undertakings

high court allows late registration of peleton charge, subject to bank undertakings the gave 21 days from perfection its order register a 2004 while preserving any rights acquired in meantime and requiring bank. [2011] iehc 479 has ordered an extension time charge over property held by limited, whic

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Courts Service · 2011-12-19 · courts

High Court orders Burren Springs Ltd wound up over unpaid tax debt

high court orders burren springs ltd wound up over unpaid tax debt the declined to delay revenue commissioners’ petition while company’s research and development credit claims remained undecided. [2011] iehc 480 ordered after finding that it could not pay its outstanding debt. company had asked dism

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Courts Service · 2011-12-16 · courts

High Court recognises Northern Ireland care and recovery orders for 14-year-old

high court recognises northern ireland care and recovery orders for 14-year-old the rejected father’s objections to recognition, while declining review substance of decisions. it also refused his request an asylum application a stay pending appeal. [2011] iehc 468 recognised concerning girl who had

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Courts Service · 2011-12-16 · courts

High Court orders removal of furnishings after refusing costs application

high court orders removal of furnishings after refusing costs application the declined to join francesca de cataldo as a co-defendant or make her liable for costs, but ordered remove listed items from val timon’s premises by 31 january 2012. [2011] iehc 475 refused an timon and personally following

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Courts Service · 2011-12-16 · courts

Minister’s unexplained delay in naturalisation case entitled applicant to costs, High Court says

minister’s unexplained delay in naturalisation case entitled applicant to costs, high court says the applicant’s judicial review became moot after minister granted on eve of hearing. said would have been relief had proceeded and awarded costs. [2011] iehc 481 held that an who waited three years nine

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Courts Service · 2011-12-16 · courts

High Court grants summary judgment against Patricia Quinn on €3m joint loan

high court grants summary judgment against patricia quinn on €3m joint loan the found no arguable defence to bank’s claim second defendant, while noting had already been recovered first defendant. [2011] iehc 470 {'name': 'high court', 'division': 'commercial'} has granted irish bank resolution corp

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Courts Service · 2011-12-16 · courts

High Court allows DPP appeal over breath-test arrest

high court allows dpp appeal over breath-test arrest the ruled that district should not have dismissed drunk-driving prosecution an unchallenged garda opinion without first making a focused inquiry. [2011] iehc 476 allowed by director of public prosecutions after judge whether had validly formed nee

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Courts Service · 2011-12-15 · courts

Supreme Court dismisses parents’ appeal over return of children to England

supreme court dismisses parents’ appeal over return of children to england the held that a possible adoption in did not meet constitutional threshold for refusing children’s under hague convention. has dismissed an by two parents against their jurisdiction courts and wales. it ruled possibility ther

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Courts Service · 2011-12-15 · courts

High Court refuses to dismiss abuse claim over delay, allowing it to proceed to trial

high court refuses to dismiss abuse claim over delay, allowing it proceed trial the excused plaintiff’s admitted inordinate delay and held that balance of justice favoured a hearing. made no findings on underlying allegations. [2011] iehc 530 has refused man’s alleging at two institutions during his

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Courts Service · 2011-12-15 · courts

High Court declares Irish applicant’s father and appoints him guardian

high court declares irish applicant’s father and appoints him guardian the allowed two appeals arising from a surrogacy in india, declared z.p. child’s father, appointed dispensed with consent for passport while she is minor. [2011] iehc 556 concerning an infant born india through arrangement, decla

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Courts Service · 2011-12-15 · courts

High Court refuses to strike out Burkes’ bank funding claim

high court refuses to strike out burkes’ bank funding claim the found disputed facts meant it could not dismiss at this stage, while noting plaintiffs faced significant obstacles if case went trial. [2011] iehc 478 has refused frank and lorna burke’s against anglo irish over an alleged failure provi

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Courts Service · 2011-12-15 · courts

High Court rules Daniel McAnaspie’s next-of-kin can seek access to guardian reports

high court rules daniel mcanaspie’s next-of-kin can seek access to guardian reports [2011] iehc 477 the has ruled that ask district for prepared by his ad litem while he was in care of health service executive. daniel, born november 1992, had been under a order since april 2005. reported missing on

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Courts Service · 2011-12-15 · courts

Supreme Court dismisses appeal over return of children to England and Wales

supreme court dismisses appeal over return of children to england and wales the held that parents had not established constitutional principles required ireland refuse order under article 20 hague convention. dismissed an by two affirmed directing their be returned united kingdom, so courts in could

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Courts Service · 2011-12-14 · courts

High Court orders fresh Ombudsman hearing in €17m loan dispute

high court orders fresh ombudsman hearing in €17m loan dispute the allowed two borrowers’ appeal after finding that disputed oral assurances at heart of their complaint could not fairly be assessed without an hearing. [2011] iehc 454 has by john lyons and patrick murray against a financial services

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Courts Service · 2011-12-14 · courts

Supreme Court allows O’Flynn appeal in export-relief tax case

supreme court allows o’flynn appeal in export-relief tax case the held that arrangement did not misuse or abuse export sales relief, reversing high court’s conclusion it was a avoidance transaction. allowed an by construction company limited, john and michael over channelled relief dividends to two

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Courts Service · 2011-12-14 · courts

Court of Criminal Appeal rejects life sentence as preventive detention

court of criminal appeal rejects life sentence as preventive detention the dismissed dpp’s against concurrent sentences for two attacks, ruling that public protection could inform a proportionate but not justify open-ended based on future risk alone. director prosecutions’ imposed anthony mcmahon at

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Courts Service · 2011-12-14 · courts

High Court rules guarantees for two ACC Bank loans enforceable

high court rules guarantees for two acc bank loans enforceable the decided were signed before funds drawn down, but did not determine amount properly due under them. [2011] iehc 553 has ruled that personal given by dominick mullee and siobhan valid sums correctly due. ruling resolved a dispute over

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Courts Service · 2011-12-14 · courts

High Court refuses broad discovery request in BMW trademark dispute

high court refuses broad discovery request in bmw trademark dispute the rejected a for documents showing defendant’s use of bmwcare name and trademarks since 2005, but ordered advertising campaign materials with an exclusion unsolicited marketing material. [2011] iehc 509 refused by bayerische moter

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Courts Service · 2011-12-14 · courts

High Court rejects Garda’s claim linking knee infection to 1999 assault

high court rejects garda’s claim linking knee infection to 1999 assault the found arose independently of and that applicant had not proved substantially caused it settle in his knee. [2011] iehc 482 has rejected former garda raymond francis roche’s for compensation pain suffering by a serious right

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Courts Service · 2011-12-14 · courts

Supreme Court dismisses O’Flynn appeal over export relief tax scheme

supreme court dismisses o’flynn appeal over export relief tax scheme the held that artificial transaction was a avoidance arrangement and could not claim statutory protection for permitted uses of sales relief. dismissed an by construction limited (ofcl), john michael against high decision on applic

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Courts Service · 2011-12-14 · courts

High Court rejects liquidator’s bid to void Bank of Ireland charge

high court rejects liquidator’s bid to void bank of ireland charge the found evidence showed company’s directors signed keep business trading and pursue restructuring, rather than with a dominant intention prefer bank. [2011] iehc 508 has refused application for declaration that over property grante

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Courts Service · 2011-12-14 · courts

High Court refuses leave to challenge subsidiary protection refusal and deportation order

high court refuses leave to challenge subsidiary protection refusal and deportation order the rejected applicant’s arguments at stage, finding no sufficient basis permit judicial review of either decision. [2011] iehc 472 refused an applicant seek both a order, she had not made out grounds for in re

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Courts Service · 2011-12-14 · courts

Court dismisses David Curran’s application for leave to appeal murder convictions

court dismisses david curran’s application for leave to appeal murder convictions the of criminal rejected challenges jury directions and trial fairness over 2008 killings pawel kalite marius szwajkos. dismissed his murders judgment, delivered by o’donnell j. on 14 december 2011, judge’s concluded t

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Courts Service · 2011-12-13 · courts

Court refuses leave to appeal murder conviction over hotel arrest and admission

court refuses leave to appeal murder conviction over hotel arrest and admission the of criminal rejected carlos byrne’s challenges his words attributed him, refused conviction. c.c.a no. 108 2009 byrne conviction, rejecting in a room him after arrest. judgment, delivered on 13 december 2011, concern

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Courts Service · 2011-12-13 · courts

High Court refuses Dunnes Stores challenge to €36.6m plastic bag levy assessments

high court refuses dunnes stores challenge to €36.6m plastic bag levy assessments the rejected retailer’s arguments over levy’s scope, fair procedures and minister’s powers. it refused all relief sought in judicial review. [2011] iehc 469 has stores’ revenue claiming €36,573,727 levies for four acco

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Courts Service · 2011-12-13 · courts

High Court stays Irish bankruptcy proceedings while creditor may challenge Northern Ireland order

high court stays irish bankruptcy proceedings while creditor may challenge northern ireland order the concluded that creditor’s complaints did not justify refusing recognition of on public policy grounds. it adjourned generally, with liberty to re-enter, allow apply set aside in ireland. [2011] iehc

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Courts Service · 2011-12-13 · courts

High Court rejects €1.6m conspiracy claim over McDonagh Junction glass roof

high court rejects €1.6m conspiracy claim over mcdonagh junction glass roof [2011] iehc 490 (commercial) the has rejected a specialist subcontractor’s that companies and individuals involved in development kilkenny conspired to deprive it of about €1.6 million due for roof. mero-schmidlin (uk) plc w

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Courts Service · 2011-12-13 · courts

High Court grants leave to challenge refusal of fresh asylum application

high court grants leave to challenge refusal of fresh asylum application the found a possible material error in minister’s assessment medical certificates, while concluding that applicant’s failure raise her sexual orientation earlier could support rejecting claim. [2011] iehc 473 granted an ugandan

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Courts Service · 2011-12-12 · courts

High Court dismisses motion to strike out delayed architects’ negligence claim

high court dismisses motion to strike out delayed architects’ negligence claim the found a four-year-and-seven-month delay inordinate, but held that defendants had acquiesced in plaintiffs’ inaction. [2011] iehc 462 dismissed six defendants’ dismiss brought by john and judith mcgann over architectur

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Courts Service · 2011-12-12 · courts

High Court rejects bid for receiver in dissolved solicitors’ partnership dispute

high court rejects bid for receiver in dissolved solicitors’ partnership dispute the dismissed an interlocutory application to appoint a wind up lawline solicitors, leaving valuation and entitlement issues agreement or later determination. [2011] iehc 467 of ireland has by solicitor david synnott ov

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Courts Service · 2011-12-09 · courts

High Court orders €1.4m contribution from solicitor over €2m bank award

high court orders €1.4m contribution from solicitor over €2m bank award the apportioned blame 70% to a who deliberately breached an undertaking and 30% bank’s solicitor, whose negligence it placed in middle range. [2011] iehc 501 has ordered joseph mallon contribute €1.4 million towards €2 damages t

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Courts Service · 2011-12-09 · courts

High Court awards Walshes €150,000 over council’s mistaken road-rights letter

high court awards walshes €150,000 over council’s mistaken road-rights letter the found south tipperary county council liable for negligent misstatement after an erroneous certificate contributed to problems in a property sale, but reduced recoverable losses failure mitigate. [2011] iehc 503 awarded

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Courts Service · 2011-12-09 · courts

High Court refuses liquidator’s bid to disclaim Ballymitty company properties

high court refuses liquidator’s bid to disclaim ballymitty company properties the ruled did not meet statutory test for onerous land, so liquidator could them under section 290(1). [2011] iehc 471 has dismissed a application leave two owned by supplies stores ltd., ruling that neither was burdened w

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Courts Service · 2011-12-09 · courts

High Court grants National Irish Bank summary judgment over €4.86m loan

high court grants national irish bank summary judgment over €4.86m loan the rejected borrowers’ proposed defences, including an alleged agreement to defer repayment while interest was serviced, and entered for on its claim. [2011] iehc 456 court, commercial has danske a/s, trading as bank, claim aga

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Courts Service · 2011-12-09 · courts

High Court awards quarry buyer €5.5m over fraudulent claims about land’s history

high court awards quarry buyer €5.5m over fraudulent claims about land’s history keegan quarries succeeded on misrepresentation and breach of warranty a purchase. the rejected its claim that misrepresentations caused losses from later quarrying related proceedings, voided property transfer made to d

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Courts Service · 2011-12-09 · courts

High Court refuses evidence motion in Lithuania surrender case

high court refuses evidence motion in lithuania surrender case the dismissed a request for oral testimony ahead of full hearing, finding application premature part and misconceived part. [2011] iehc 514 has refused concerning lithuania’s bid to have brendan mcguigan surrendered prosecution, ruling t

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Courts Service · 2011-12-08 · courts

High Court finds unequal sentencing risk for accused whose fitness to plead was in doubt

high court finds unequal sentencing risk for accused whose fitness to plead was in doubt [2011] iehc 445 the has ruled that a man could not face higher ceiling simply because his mental capacity prevented him from initially having sexual assault case dealt with district court. b.g., then aged 49, ch

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Courts Service · 2011-12-08 · courts

High Court dismisses Neenan Travel appeal over former director’s PRSI status

high court dismisses neenan travel appeal over former director’s prsi status the upheld an appeals officer’s decision that tom leech’s employment from 1992 to 2003 was insurable at class a, despite his minority shareholding and directorship. [2011] iehc 458 has dismissed limited’s against a its dire

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Courts Service · 2011-12-08 · courts

District Court directs HSE to keep child in current residential placement

district court directs hse to keep child in current residential placement the said child’s mental and emotional welfare required her remain at unit 1 while care, as funding issues remained for address. [2011] iedc 10 an chúirt dúiche, directed health service executive a 14-year-old after finding tha

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Courts Service · 2011-12-06 · courts

Supreme Court proposes five-year restriction after setting aside bank executive’s disqualification

supreme court proposes five-year restriction after setting aside bank executive’s disqualification the found a failure concerning dirt returns but said evidence did not justify disqualification. it invited submissions on effect of proposed charitable work. s. c. no. 161 2007 set nine-year order agai

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Courts Service · 2011-12-06 · courts

High Court refuses stay of deportation in judicial review case

high court refuses stay of deportation in judicial review case the said applicant’s unchallenged credibility findings and deception asylum process weighed against granting discretionary relief while his application for leave was pending. [2011] iehc 452 refused to an anonymised pakistani applicant b

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Courts Service · 2011-12-06 · courts

High Court rules manslaughter conviction does not strip husband of half share in joint assets

high court rules manslaughter conviction does not strip husband of half share in joint assets the held that jointly owned passed to defendant by survivorship, but he holds on constructive trust for deceased woman’s estate. other accounting and division issues remained unresolved. [2011] iehc 515 a m

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Courts Service · 2011-12-06 · courts

Supreme Court says drink-driving arrest was lawful, sends case back for further consideration

supreme court says drink-driving arrest was lawful, sends case back for further consideration the answered three legal questions on an appeal involving evidential breath statement. it left trial judge to decide whether prosecution had proved compliance with statutory requirements. [2011] iesc 46 rul

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Courts Service · 2011-12-05 · courts

High Court voids dissolution of company over pending property damage claim

high court voids dissolution of company over pending property damage claim the restored walsh maguire & o’shea ltd to existence so a former owner could pursue claim, but did not decide whether was liable or proceed. [2011] iehc 457 has declared void, allowing be members’ voluntary liquidation. order

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Courts Service · 2011-12-05 · courts

High Court orders separate trials of liability and damages in brain injury case

high court orders separate trials of liability and damages in brain injury case the directed that be heard first a personal action, with issues to follow if needed. [2011] iehc 449 has ordered action arising from 2007 road traffic accident, citing complexity medical evidence disputed question liabil

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Courts Service · 2011-12-02 · courts

Supreme Court dismisses Bus Éireann appeal over €40,000 injury award

supreme court dismisses bus éireann appeal over €40,000 injury award the upheld high court’s damages order after rejecting company’s arguments that a passenger’s personal injuries claim should be dismissed under section 26 of civil liability and courts act 2004. has éireann’s against to woman injure

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Courts Service · 2011-12-02 · courts

High Court finds pedestrian solely responsible for N6 motorway collision

high court finds pedestrian solely responsible for n6 motorway collision the dismissed injured man’s claims against a coach company and driver who struck him, finding neither defendant had been negligent. [2011] iehc 450 personal injury claim motorist after that his own actions caused on in 2007. ju

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Courts Service · 2011-12-01 · courts

High Court orders waste site remediation and enters €6,336.50 judgment against respondent

high court orders waste site remediation and enters €6,336.50 judgment against respondent the set out how of was to be funded left a separate claim john ronan sons for full hearing. [2011] iehc 498 has directed that management contractor engaged remediate by end 2012, with contract terms sought 20 d

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Courts Service · 2011-12-01 · courts

High Court rules John O’Donohue’s 2001 will void for uncertainty

high court rules john o’donohue’s 2001 will void for uncertainty the found handwritten revoked an earlier but could not determine how estate was to be divided. it held that intestacy applied, leaving his mother entitled estate. [2011] iehc 511 ruled of author and broadcaster dr o’donohue uncertainty

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