Courts Service · 2012-03-30 · courts
monaghan anti-pylon group avoids security for costs order in eirgrid lawsuit [2012] iehc 103 high court (commercial court) a county opposing overhead electricity pylons will not have to provide eirgrid’s legal before continuing damages action arising from an abandoned planning hearing. limited was f
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Courts Service · 2012-03-30 · courts
high court says possession order includes disputed rights of way in clare mortgage case the found two had been cancelled from property register error and proposed ordering their reinstatement. it left form that for submissions. [2012] iehc 139 has ruled a 2011 favour stepstone funding limited covere
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Courts Service · 2012-03-30 · courts
high court rejects okunades’ challenge to subsidiary protection refusal and deportation orders the found no arguable grounds decisions. judgment records those conclusions at leave stage. [2012] iehc 134 refused of made against oluwaseun comfort okunade her infant son, daniel demilolुwa okunade, find
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Courts Service · 2012-03-30 · courts
high court allows investor to add fraud claim against acc bank the ruling lets patrick cuttle amend his over solid world bond 5, but does not decide whether occurred or he will succeed at trial. [2012] iehc 105 has allowed include an allegation of investment in 5. decision concerns permission change
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Courts Service · 2012-03-30 · courts
high court awards bank of scotland €9.21m against developer under 2006 guarantee the found charles fergus liable one continuing for company’s february 2011 debt, while leaving costs a later hearing. [2012] iehc 131 court, commercial has given judgment plc businessman (otherwise charlie) €9,211,764,
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Courts Service · 2012-03-30 · courts
high court rules woman infected with hiv while living partner is entitled to compensation the heard a full rehearing of an appeal from tribunal and found r.c. qualified as cohabiting spouse under 1997 act. [2012] iehc 204 identified after she contracted her in lucan his “spouse” hepatitis c act 1997
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Courts Service · 2012-03-30 · courts
high court refuses release bid over delay in serving book of evidence the held that a district judge had supporting further remand and applicant’s detention remained lawful. [2012] iehc 160 refused an application to man on while awaiting service prosecution for allegedly withholding information abou
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Courts Service · 2012-03-30 · courts
high court appoints interim examiner to eircom group the granted companies protection while their examinership petition proceeds a hearing, appointed michael mcateer as and allowed identified pre-petition liabilities be paid. [2012] iehc 107 limited related meteor mobile communications irish telecom
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Courts Service · 2012-03-30 · courts
high court orders farm partition and €50,000 adjustment in sibling dispute on a complete rehearing of an appeal, the found plaintiff held half main for her brother ordered physical division, while leaving accounts costs later determination. [2012] iehc 292 circuit, southern circuit between sister di
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Courts Service · 2012-03-30 · courts
high court refuses to decide limitation issue before trial in survey dispute the declined dismiss buyers’ negligence claims on a preliminary motion because sale contract date was disputed and supported by hearsay evidence. may still be argued as statute-barred at trial. [2012] iehc 164 refused appli
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Courts Service · 2012-03-30 · courts
high court sends €9,000 legal-cost allowance back for reconsideration the found errors and injustice in a €3,000-per-day three days when personal-injury case was listed but not reached. it remitted issue to taxing master, without deciding what revised amount should be. [2012] iehc 247 has sent costs
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Courts Service · 2012-03-30 · courts
high court refuses contempt application over reports of discovery appeal mr justice hedigan refused leave to pursue proceedings against journalists and newspaper editorial officers, finding no risk that the would prejudice administration justice. he also ruled on three other motions. [2012] iehc 145
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Courts Service · 2012-03-30 · courts
high court rejects fraud allegation and awards €46,125 for road accident injuries the found that collision caused soft tissue made plaintiff’s pre-existing back condition more symptomatic. it declined to dismiss claim under section 26, but did not attribute either surgery accident. [2012] iehc 208 r
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Courts Service · 2012-03-30 · courts
high court rejects whitewater developers’ challenge to €16.1m road contribution [2012] iehc 146 the has rejected a by developers sean dunne and mulryan an bord pleanála’s calculation of infrastructure contributions associated with shopping centre in newbridge, county kildare. dispute concerned condi
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Courts Service · 2012-03-30 · courts
supreme court overturns ruling against marlan homes in mortgage dispute the held that landowners had not breached their agreement by failing to secure dublin city council’s consent arrangements. it set aside high orders, including rescission of agreement. has allowed an appeal mark walsh and gary we
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Courts Service · 2012-03-30 · courts
high court refuses request for further particulars in libel action mr justice ryan found the plaintiff’s queries about newspaper’s pleaded defences unnecessary, while noting defendant had consented to a separate discovery order. [2012] iehc 132 refused motion by seamus griffin seeking and better of
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Courts Service · 2012-03-30 · courts
high court refuses late bid to challenge cork circuit orders two applicants sought leave for judicial review of made in 2005. the refused, finding was brought years beyond time limit and that no sufficient grounds justified an extension. [2012] iehc 161 has refused walter evans eugene o'sullivan see
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Courts Service · 2012-03-30 · courts
court of criminal appeal sets aside wicklow rape conviction after jury direction the held that references to retrial costs, public resources and complainant’s accused’s stress created a risk improper pressure on jurors. it did not determine remaining grounds. allowed rafal adach’s against his set ve
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Courts Service · 2012-03-30 · courts
high court says credibility-based asylum appeals require an oral hearing the answered a preliminary judicial review issue in applicant’s favour, finding that excluding appeal solely because of south african nationality would make remedy ineffective and procedure unfair. it left final orders other co
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Courts Service · 2012-03-30 · courts
high court says lender had not complied with mortgage arrears code in possession case the found borrowers should have been given time to appeal lender’s decision, but did make a final order on possession. it called for further submissions form of order. [2012] iehc 142 that stepstone funding limited
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Courts Service · 2012-03-30 · courts
prison officer’s negligence claim over falling tea dismissed the high court found officer had not shown that by state caused his injuries after spilled from an upper walkway. [2012] iehc 203 a and breach of contract he suffered when fell walkway at mountjoy women’s was court. ms justice irvine prove
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Courts Service · 2012-03-30 · courts
high court directs €84,240 dundalk sale proceeds to solicitors’ insurer the held that a 2009 equitable charge over 33 mary street north ranked ahead of agnews’ later judgment mortgage and ordered transferred under solicitor’s undertaking. [2012] iehc 141 has directed from property, together with acc
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Courts Service · 2012-03-29 · courts
aib wins €2.4m judgment against bailey court hotel guarantor the high rejected a defence based on alleged failures to protect after balmain ltd went into liquidation, finding bank and its agent had taken reasonable care. [2012] iehc 138 has given allied irish banks for €2.4 million daragh heagney, w
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Courts Service · 2012-03-29 · courts
high court allows amendment but orders separate hearing on delay the said proposed claim was not bound to fail, directed that judicial review time limits and be decided before could proceed a full hearing. [2012] iehc 168 has allowed donatex limited bernard mcnamara amend their statement of against
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Courts Service · 2012-03-29 · courts
high court rejects ulster bank’s €50,000 guarantee claim against sorcha buttimer the found that signed under louis roche’s undue influence and bank was on inquiry but took no steps to ensure she agreed freely. her failed. [2012] iehc 166 has rejected ireland limited’s enforce a buttimer, finding it
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Courts Service · 2012-03-29 · courts
high court grants solicitors a proportionate charge after €1.5m settlement the allowed mcmahon o’brien to claim for taxed costs from recovered their former clients, but limited amount by formula reflecting reduced settlement. [2012] iehc 167 has granted charging order over in mount kennett investmen
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Courts Service · 2012-03-28 · courts
high court lets redmond’s costs challenge proceed but dismisses to tribunal findings the refused strike out george mahon tribunal’s refusal of his costs, dismissed its substantive because delay. [2012] iehc 253 has allowed award him proceed, while dismissing separate against him. in a judgment deliv
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Courts Service · 2012-03-28 · courts
high court rules solicitor cannot administer estate due to conflicts the declined grant probate sole surviving named executor, but adjourned case so parties could agree on an independent administrator. [2012] iehc 140 has ruled that a appointed as executor of brian rhatigan’s not it because her prev
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Courts Service · 2012-03-27 · courts
district court makes care order by consent for child until age 18 the found statutory threshold met, made a full and set access review directions. judgment preserves child’s parents’ anonymity. [2012] iedc 8 an chúirt dúiche (the court) she turns 18, after finding that under section 18(1)(c) of act
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Courts Service · 2012-03-27 · courts
high court grants leave to challenge congo protection refusal and deportation order the found arguable grounds that minister’s assessment of state in democratic republic was irrational. it did not decide underlying challenge. [2012] iehc 129 has granted for a congolese man his subsidiary application
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Courts Service · 2012-03-27 · courts
high court dismisses dunnes stores challenge to €20.3m arbitration award the found no fundamental error of law in arbitrator’s ruling that holtglen’s insolvency did not prevent it claiming payment for completed work. [2012] iehc 93 court, commercial has dismissed stores’ application set aside an req
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Courts Service · 2012-03-27 · courts
worker awarded €86,250 after tractor door injury; damages cut by half the high court found tractor’s strut was defective and employers breached their statutory duty to provide safe equipment. it assessed contributory negligence at 50%. [2012] iehc 128 a farm stud who injured when swung against him h
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Courts Service · 2012-03-23 · courts
high court dismisses challenge to subsidiary protection refusal the rejected applicant’s arguments about minister’s treatment of medical evidence and country information, finding no basis overturn refusal. [2012] iehc 126 dismissed zola nanizaya’s judicial review minister for justice equality’s prot
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Courts Service · 2012-03-23 · courts
simmonds allowed to challenge ennis market trading bye-laws at trial the high court permitted an amended claim against town council’s 2011 after finding existing pleadings did not directly their validity. [2012] iehc 282 has toby amend his council its casual bye-laws. case will proceed trial; decide
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Courts Service · 2012-03-23 · courts
high court awards joe simpson €137,533 plus interest and costs in a final order following an earlier judgment, the awarded four employment-related sums, but made no award over titan monies or abandoned development-project profit-share claim. [2012] iehc 181 ordered defendants trading as r.i. investm
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Courts Service · 2012-03-23 · courts
high court finds 1969 symphysiotomy unjustified and awards €450,000 the found that procedure performed after olivia kearney’s caesarean section lacked required medical justification. it awarded €300,000 in past general damages €150,000 future damages. [2012] iehc 127 a on kearney birth of her son by
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Courts Service · 2012-03-23 · courts
high court quashes subsidiary protection decision over red cross evidence the found minister had not engaged with new information about applicant’s claimed somali identity or explained why it was discounted. quashed that she ineligible for protection. [2012] iehc 123 a an applicant protection, findi
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Courts Service · 2012-03-23 · courts
high court refuses leave to challenge subsidiary protection and deportation decisions the granted an extension of time for but found no arguable grounds judicial review; application failed on all grounds. [2012] iehc 125 refused review refusing making a order against oliver ninga mbi, while granting
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Courts Service · 2012-03-23 · courts
high court refuses ryanair bid to stop club travel selling flight packages the found bona fide questions be tried on several claims, but held that damages were an adequate remedy and balance of convenience favoured making no interlocutory order. [2012] iehc 165 court, commercial has refused limited’
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Courts Service · 2012-03-22 · courts
treasury companies win leave to challenge nama enforcement decision the high court allowed judicial review proceedings go ahead on specified grounds, including whether should have notified and heard its representations before deciding enforce. it made no final ruling challenge. [2012] iehc 66 twenty
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Courts Service · 2012-03-21 · courts
high court orders goode concrete to provide phased security for costs the found defendants had shown a prima facie basis defend competition claims, but left amount and timing of further hearing. [2012] iehc 116 has ruled that must crh plc, roadstone wood limited kilsaran as its case proceeds. order
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Courts Service · 2012-03-20 · courts
high court refuses to quash assault conviction after early release the said circuit sentence was spent and could not be revived, while leaving open whether a failure account for remand time ever justify judicial review. [2012] iehc 67 has refused an application by salomon yeagar his conviction, ruli
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Courts Service · 2012-03-16 · courts
high court sets deadline for claims against unidare in voluntary liquidation the fixed 4 may 2012 creditors and claimants to prove claims, ordered further notices inquiries, adjourned rest of liquidator’s application. [2012] iehc 114 has set as debts or plc, which is members’ liquidation. those who
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Courts Service · 2012-03-16 · courts
high court orders winding-up of albion enterprises despite nama security the held that petitioning creditor had proved insolvency and was entitled to a order, after served heard as required by law. [2012] iehc 115 ordered limited finding its creditor, mcr personnel ltd., company insolvent unable pay
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Courts Service · 2012-03-16 · courts
high court finds solicitors liable for misleading bank over loan security the rejected firm’s contributory-negligence defence and set a no-transaction basis assessing damages, leaving amounts to be calculated later. [2012] iehc 120 found solicitors’ firm negligent in breach of contract after it fail
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Courts Service · 2012-03-16 · courts
district court makes care order for child until 18, with september review the followed parents’ positions and evidence about child’s welfare. also directed steps to secure continuity of her foster placement. [2012] iedc 6 {'name': 'an chúirt dúiche / court', 'location': none} made a full 10-year-old
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Courts Service · 2012-03-16 · courts
district court makes care order after finding neglect and sexual abuse the found statutory threshold met on both grounds ordered until child turns 18, with directions placement, access support. [2012] iedc 7 an chúirt dúiche / made a under section 18 of act 1991 for six-year-old child, that was abus
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Courts Service · 2012-03-15 · courts
high court dismisses motorcyclist’s claim after finding driver’s swerve was instinctive the found that david carr’s dangerous actions preceded a crash left him seriously injured, but neither defendant negligent and second blameless. [2012] iehc 59 dismissed personal injury car sudden before 2008 an
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Courts Service · 2012-03-15 · courts
high court dismisses driver’s injury claim after finding he ignored hose safety instruction the found that a decision to climb cement tanker ladder carrying high-pressure caused his fall. it was not satisfied either defendant negligent. [2012] iehc 133 has dismissed truck personal over 2007 fall at
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Courts Service · 2012-03-15 · courts
high court refuses return of 14-year-old boy to united states under hague convention [2012] iehc 213 court, family law the has refused order a from ireland despite finding that his removal breached father’s custody rights convention. d.w., an american citizen born in 1997, came with mother february
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Courts Service · 2012-03-15 · courts
ship owner held liable after missing container cone caused dublin port worker’s fall the high court found that a crew member probably failed to secure flat before coastal isle reached dublin. parties had agreed damages of €200,000. [2012] iehc 48 was vicariously collapsed beneath stevedore during lo
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Courts Service · 2012-03-15 · courts
supreme court rules irish courts lacked jurisdiction in mgn defamation case the allowed limited’s appeal after finding plaintiff’s internet-publication was neither pleaded nor supported by evidence. has ruled that had no over john coleman’s proceedings against limited, allowing publisher’s from a hi
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Courts Service · 2012-03-13 · courts
high court dismisses appeal over wheelchair damage claim against aer lingus the affirmed a preliminary ruling that warsaw convention was exclusive route for passenger’s claims, leaving underlying allegations untried. [2012] iehc 124 has dismissed liam hennessey’s governs his claims to motorised duri
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Courts Service · 2012-03-13 · courts
high court finds patent infringement but awards no damages the found that three individual defendants infringed a central-heating patent, dismissed claims against fourth and made finding of breach confidence. [2012] iehc 82 timothy cremin’s awarded because plaintiffs provided specific evidence loss.
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Courts Service · 2012-03-12 · courts
high court refuses leave to challenge deportation order on family-life grounds the held that proposed did not show an arguable error in minister’s assessment of applicant’s family life under article 8. [2012] iehc 109 refused application for seek judicial review a order, finding no stateable case mi
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Courts Service · 2012-03-12 · courts
high court upholds rejection of major creditor’s defective liquidator proxy ballon meats’ appeal over the its at a creditors’ meeting was dismissed; existing appointment eamon leahy as stands. [2012] iehc 122 has dismissed meats limited’s against for michael madden quality limited, which in voluntar
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Courts Service · 2012-03-12 · courts
high court rules €30 tobacco promotion voucher was not ‘financial assistance’ the answered three legal questions in a case stated appeal about retailer incentive scheme, but left form of its order for later consideration. [2012] iehc 147 ruled that given to shop assistant under marketing scheme did
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Courts Service · 2012-03-12 · courts
high court says cto greenclean should be wound up, but adjourns petition over liquidator the rejected company’s claim that petitioner was barred from enforcing its judgment, found evidence strongly suggested insolvency and said a winding-up order appropriate. it adjourned so another could nominated.
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Courts Service · 2012-03-09 · courts
high court refuses surrender to poland over absence from trial the found that arkadiusz tokarski was tried and convicted in absentia refused because had given no undertaking of a retrial. [2012] iehc 148 an application under european arrest warrant, finding he been required by irish law provided for
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Courts Service · 2012-03-09 · courts
high court rejects challenge to detention before scheduled marriage the found an irish citizen’s nigerian fiancée was lawfully detained for deportation, while explaining that minister had not yet been given enough information balance their circumstances in a fresh revocation application. [2012] iehc
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Courts Service · 2012-03-08 · courts
high court rejects challenge to rules on access deceased woman’s medical records the upheld regulations and ministerial guidance used refuse a husband his late wife’s health under freedom of information law. [2012] iehc 117 has rejected judicial review governing people, leaving in place refusal jame
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Courts Service · 2012-03-08 · courts
high court strikes out solicitor’s claim against fellow credit union directors the found pleaded claims were not particularised and could succeed, alternatively dismissed action as an abuse of process. [2012] iehc 112 struck daniel coleman’s proceedings 11 balinrobe union, finding that his succeed.
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Courts Service · 2012-03-07 · courts
high court affirms no appeal over nowak’s exam-script data complaint the upheld circuit court’s finding that it lacked jurisdiction because protection commissioner had declined to investigate. also gave a non-binding view on script’s status as personal data. 2012 [iehc] 449 affirmed decision hear pe
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Courts Service · 2012-03-07 · courts
supreme court cuts damages by 25% in shop worker’s wrist injury case the left employer’s liability finding place but held that employee was partly responsible for her injury, reducing from €54,900 to €41,175. allowed an appeal a limited extent, manager contributorily negligent after she tripped clut
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Courts Service · 2012-03-06 · courts
j.m. awarded full costs after high court appeal increased earnings damages by about €70,000 the rejected a request to reduce j.m.’s over his unsuccessful challenge general damages, finding medical evidence also supported successful claim. [2012] iehc 84 has of an against compensation award, increasi
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Courts Service · 2012-03-06 · courts
high court refuses challenge to eel fishing ban, while ruling minister cannot close fishery indefinitely the rejected an appeal annul two 2009 bye-laws, finding consultation adequate and measures justified at time. it said lacked power permanently or indefinitely, left open whether continued operati
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Courts Service · 2012-03-05 · courts
high court finds no basis for prisoner’s application over wheatfield complaints the said had been investigated and case did not meet threshold an before prison appeal process was complete. [2012] iehc 39 found to make order on a alleging ill treatment at prison. mr justice charleton involve immediat
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Courts Service · 2012-03-05 · courts
high court recognises bvi liquidations, lets liquidators seek further orders the ex parte ruling concerning two companies in liquidation and allows their to apply for assistance under irish company law. any party later targeted may challenge court’s jurisdiction. [2012] iehc 97 of ireland has recogn
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Courts Service · 2012-03-05 · courts
high court dismisses appeal over slander claim against three jehovah’s witnesses the treated two applications concerning as itself, then dismissed because events before january 2008 were out of time and later allegations lacked pleaded publication special damage. [2012] iehc 111 a woman’s circuit co
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Courts Service · 2012-03-05 · courts
high court refuses leave to challenge refusal revoke deportation order the found that a second revocation application repeated arguments already rejected and no stateable case had been made for judicial review. [2012] iehc 113 refused an seek review of minister justice equality’s 14 december 2011 ag
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Courts Service · 2012-03-05 · courts
kerry planning challenger ordered to pay council and neighbour's costs [2012] iehc 544 high court the has michael rowan of county neighbouring landowner tim mulvihill after rejecting his attempt invoke special environmental protections. mr justice birmingham had already dismissed rowan's underlying
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Courts Service · 2012-03-02 · courts
high court allows beneficial irish life shareholders to challenge €3.8bn state recapitalisation order [2012] iehc 89 the has ruled that in and permanent group holdings were entitled a direction connected with state’s proposed investment of up €3.8 billion group. minister for finance obtained without
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Courts Service · 2012-03-02 · courts
high court orders divorce provision after rejecting claims that family properties were held in trust the dismissed under two alleged settlements, then directed payments for wife’s housing and other needs, continued child maintenance set out a conditional asset-sale order. [2012] iehc 615 rejected ma
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Courts Service · 2012-03-02 · courts
high court quashes dublin city council’s decision to evict man under anti-social behaviour powers the found that council denied him an opportunity answer allegations before directing his removal. it did not decide whether house was home or he could succeed tenancy. [2012] iehc 94 quashed use statuto
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Courts Service · 2012-03-02 · courts
man gets suspended four-year sentence for sexual assault the central criminal court also ordered anonymised accused to remain on sex offenders register five years from his conviction; it made no post-release supervision order. [2012] ieccc 1 high court, imposed a prison r.t. after jury convicted him
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Courts Service · 2012-03-01 · courts
supreme court refuses to surrender ian bailey france the held that french authorities had not decided try and irish law barred on circumstances of warrant. other appeal grounds were left undecided. [2012] iesc 16 ireland has refused over killing sophie toscan du plantier, whose body was found near a
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Courts Service · 2012-03-01 · courts
supreme court allows ian bailey’s appeal against surrender to france the found no decision had been made try bailey and held that a separate statutory bar also applied. it dismissed minister’s application. allowed high order for his france, where he was sought prosecution over alleged murder of soph
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Courts Service · 2012-03-01 · courts
high court orders surrender to poland on three european arrest warrant offences the rejected an objection concerning appeal heard in respondent’s absence and directed his under section 16(1). [2012] iehc 108 ordered michal lech bartold’s a warrant, after rejecting that one conviction matter involved
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Courts Service · 2012-03-01 · courts
high court quashes refusal of nigerian woman’s subsidiary protection application the found minister applied an erroneous definition serious harm and had not considered whether compelling reasons arose from she previously suffered. [2012] iehc 99 quashed for justice equality’s 2010 a protection, find
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Courts Service · 2012-03-01 · courts
high court directs minister to withdraw revocation of sierra leonean man’s refugee status the found minister’s consideration relied on inaccurate and unsupported material, was not prepared reasonably or sufficiently inform decision. [2012] iehc 149 has directed for justice morris ali’s declaration a
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Courts Service · 2012-03-01 · courts
supreme court allows ian bailey’s appeal against surrender to france the ruled that two statutory grounds barred at this stage, while rejecting argument based on an earlier version of law. it did not decide appeal’s remaining issues. ireland allowed order him france, ruling was under sections 44 and
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Courts Service · 2012-03-01 · courts
supreme court refuses surrender of ian bailey to france on two grounds the allowed bailey’s appeal, finding that section 44 and 21a european arrest warrant act each required refusal in this case. appeal against a high order for his under warrant. judgment delivered 1 march 2012, mr justice fennelly
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Courts Service · 2012-03-01 · courts
high court grants leave to challenge asylum appeal decision over credibility errors the found substantial grounds review refugee appeals tribunal’s assessment of a georgian family’s claims, including its treatment evidence and failure separately consider father children. [2012] iehc 101 has granted
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Courts Service · 2012-03-01 · courts
high court refuses leave to challenge deportation order over child’s medical care the found no substantial grounds minister’s decision concerning a nigerian child with sickle cell anaemia. [2012] iehc 100 refused minor’s application for order, finding he had not shown quash it. held that minister co
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Courts Service · 2012-03-01 · courts
supreme court rejects bailey’s arguments on two surrender grounds but agrees extradition must be refused in a 2012 judgment, o’donnell j. concluded that former statutory bar and the territoriality rule did not prevent surrender. he agreed with other judges had to under section 21a; hear further argu
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