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Courts Service · 2012-05-28 · courts

High Court bars former yoga franchisee from teaching two groups pending trial

high court bars former yoga franchisee from teaching two groups pending trial the granted an interim injunction over students enrolled during franchise agreement, while leaving disputed allegations and contractual claims for trial. [2012] iehc 218 has temporarily barred nicole henkel murphy operatin

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Courts Service · 2012-05-28 · courts

High Court refuses injunction sought by six tribunal clerks

high court refuses injunction sought by six tribunal clerks the declined to reinstate former mental health while their claims under fixed-term employment law remain before rights commissioner. [2012] iehc 217 has refused an application for interlocutory against commission. argued that they were empl

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Courts Service · 2012-05-24 · courts

High Court refuses challenge to passport request in refugee family reunification case

high court refuses challenge to passport request in refugee family reunification case the found it was reasonable for minister seek applicant’s husband’s original somali as one part of checking identity and relationships. refused all relief; application itself not decided. [2012] iehc 221 has a refu

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Courts Service · 2012-05-24 · courts

High Court sets aside late notice joining Italian kettle maker to injury case

high court sets aside late notice joining italian kettle maker to injury case mr justice hogan ruled that bunzl waited too long bring third-party proceedings against angelo po, infringing the manufacturer’s rights fair procedures and a hearing within reasonable time. [2012] iehc 219 set equipment po

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Courts Service · 2012-05-24 · courts

High Court refuses bid to set aside €153,038 arbitration award

high court refuses bid to set aside €153,038 arbitration award the applicant argued he lacked records needed present his case. rejected that claim and refused overturn award. [2012] iehc 223 has an application requiring a solicitor pay former business partner €153,038.86, plus costs of arbitration.

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Courts Service · 2012-05-24 · courts

Supreme Court dismisses appeals over timetable for Irish Life sale challenge

supreme court dismisses appeals over timetable for irish life sale challenge the left 12 june 2012 hearing date in place, while recording an agreed extension further affidavits and written submissions. it declined to order preliminary hearings, linkage with a separate case, or discovery interrogator

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Courts Service · 2012-05-24 · courts

Court of Criminal Appeal dismisses DPP appeal over costs awarded after Mayo waste trial acquittals

court of criminal appeal dismisses dpp over costs awarded after mayo waste trial acquittals the upheld judge’s discretionary awards to eight respondents, finding no error principle. it said acquittal is starting point for costs, alongside other relevant circumstances. {'name': 'court appeal', 'divis

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Courts Service · 2012-05-24 · courts

High Court sets maintenance and pension terms in judicial separation

high court sets maintenance and pension terms in judicial separation the made provision for an anonymised wife husband, including monthly payments, adjustments division of proceeds from their former family home. [2012] iehc 616 set financial a case involving maintenance, sale judgment was delivered

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Courts Service · 2012-05-24 · courts

High Court refuses NAMA amendment and orders security for costs in hotel companies’ case

high court refuses nama amendment and orders security for costs in hotel companies’ case the allowed two proposed amendments to claim but rejected a constitutional discrimination claim, finding it bound fail. also ordered plaintiffs provide defendant’s costs. [2012] iehc 220 has refused five request

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Courts Service · 2012-05-24 · courts

High Court dismisses subsidiary protection challenge and refuses leave to contest deportation order

high court dismisses subsidiary protection challenge and refuses leave to contest deportation order justice cooke ruled that the applicant had not established a right public hearing on decision. he also refused grounds advanced. [2012] iehc 222 dismissed an iraqi applicant’s substantive judicial rev

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Courts Service · 2012-05-24 · courts

Supreme Court dismisses A.D. appeal over Garda interview used in rape trial

supreme court dismisses a.d. appeal over garda interview used in rape trial the has dismissed an by against convictions for and assault arising from a complaint made russian national march 2006. was convicted central criminal of causing harm. threatening-to-kill charge withdrawn jury, while he acqui

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Courts Service · 2012-05-24 · courts

High Court refuses surrender over UK indeterminate sentence

high court refuses surrender over uk indeterminate sentence the held that would expose respondent to preventive detention after he had served punitive term of his sentence, contrary irish constitution. [2012] iehc 249 refused a man united kingdom under european arrest warrant, finding return serve r

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Courts Service · 2012-05-24 · courts

High Court applies one-third practice to Ryanair security for costs

high court applies one-third practice to ryanair security for costs the set amount of at estimated after an earlier ruling required ticket generator limited provide ryanair. [2012] iehc 216 ruled that must equal costs, following decision company would probably be unable pay ryanair’s if it won proce

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Courts Service · 2012-05-24 · courts

Court of Criminal Appeal orders retrials after ruling search warrants invalid

court of criminal appeal orders retrials after ruling search warrants invalid the allowed three convicted men’s appeals on a preliminary issue arising from supreme court’s damache decision. it did not determine any other grounds. has jason kavanagh, mark farrelly and christopher corcoran ordered ret

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Courts Service · 2012-05-24 · courts

High Court keeps child’s school and residence arrangements in place, adds co-parenting directions

high court keeps child’s school and residence arrangements in place, adds co-parenting directions the dismissed mother’s appeal against key parts of a circuit order, while adding on care arrangements, communication handovers. [2012] iehc 619 has kept place order that parties’ daughter live primarily

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Courts Service · 2012-05-23 · courts

High Court dismisses borrower’s claims against Zurich Bank Ireland

high court dismisses borrower’s claims against zurich bank ireland the ruled that linked to a €32m loan could not proceed after an earlier summary judgment, and dismissed separate reckless lending claim as having no reasonable prospect of success. [2012] iehc 184 court, commercial has all brought by

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Courts Service · 2012-05-23 · courts

Fanning’s claim to disputed Dana Petroleum shares held statute-barred

fanning’s claim to disputed dana petroleum shares held statute-barred the high court decided a preliminary limitation issue in liquidation of money markets international stockbrokers. it did not decide who owned or their sale proceeds. [2012] iehc 214 that hilary concerning and proceeds was statute-

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Courts Service · 2012-05-23 · courts

High Court affirms €3,100 monthly maintenance, taxable to recipient

high court affirms €3,100 monthly maintenance, taxable to recipient the rejected an appeal seeking compensation for tax on spousal maintenance and left payment in place, while noting it could be reviewed later. [2012] iehc 581 has affirmed order requiring a husband pay his former wife month her hand

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Courts Service · 2012-05-22 · courts

District Court makes care orders for two children until age 18

district court makes care orders for two children until age 18 the granted hse’s application with both parents’ consent, ordered continued and set directions on placement, therapy, reviews parental access. [2012] iedc 10 made children, aged 12 11, after finding that statutory threshold was met neith

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Courts Service · 2012-05-22 · courts

High Court refuses bid to set aside leave in delayed tribunal costs challenge

high court refuses bid to set aside leave in delayed tribunal costs challenge the allowed a judicial review proceed substantive hearing, while leaving unresolved whether delay over 2004 decision could be excused. [2012] iehc 199 has refused an application granted oliver barry bring planning tribunal

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Courts Service · 2012-05-18 · courts

High Court refuses challenge to recall of garda witness in driving case

high court refuses challenge to recall of garda witness in driving case the held that district judge could allow complete evidence about a sample slip, finding omission formal and applicant unprejudiced. [2012] iehc 195 has refused james o’keeffe’s application quash his conviction sentence for while

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Courts Service · 2012-05-18 · courts

High Court finds former Kenmare company secretary was not a shadow director of Devona

high court finds former kenmare company secretary was not a shadow director of devona [2012] iehc 263 the has ruled that at consultancy business and cannot be subjected to restriction order on basis. limited, which traded as d & k partnership from reen, kenmare, provided mechanical electrical servic

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Courts Service · 2012-05-17 · courts

High Court grants limited review of Nigerian family’s deportation orders

high court grants limited review of nigerian family’s deportation orders the allowed a challenge on one narrow ground: whether minister personally considered state’s non-refoulement obligations. it refused leave other grounds and subsidiary protection decisions. [2012] iehc 192 has granted mother he

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Courts Service · 2012-05-16 · courts

High Court sanctions Readymix scheme after rejecting shareholder objections

high court sanctions readymix scheme after rejecting shareholder objections justice kelly approved the €0.25-a-share arrangement and related capital reduction, finding had not established a basis to refuse or modify scheme. [2012] iehc 170 court, commercial has sanctioned plc’s of acquire shares hel

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Courts Service · 2012-05-16 · courts

High Court refuses couple’s bid for marriage registration form over unresolved identity evidence

high court refuses couple’s bid for marriage registration form over unresolved identity evidence the rejected judicial review claims by two applicants seeking to marry, finding that first applicant had not provided satisfactory of her identity. it said she could submit further review. [2012] iehc 19

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Courts Service · 2012-05-16 · courts

High Court refuses developer’s challenge to Mahon Tribunal findings

high court refuses developer’s challenge to mahon tribunal findings the held that applicant had notice and an opportunity answer payments under inquiry, did not have provide draft before publishing its report. [2012] iehc 603 refused property developer owen o’callaghan’s application quash made again

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Courts Service · 2012-05-16 · courts

High Court to order surrender on three Czech arrest warrants

high court to order surrender on three czech arrest warrants the rejected respondent’s objections surrender, including challenges concerning trial in absentia, warrants’ descriptions and time spent custody. it said was disposed make section 16 orders all warrants. [2012] iehc 212 surrendering jan pe

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Courts Service · 2012-05-15 · courts

High Court lets three meanings in defamation claim go to jury

high court lets three meanings in defamation claim go to jury a judge refused newspaper’s application rule that alleged of an article were outside the range reasonable reader could understand. ruling did not decide whether was defamatory or allegations true. [2012] iehc 185 has by sunday newspapers

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Courts Service · 2012-05-15 · courts

Supreme Court quashes District Court orders in animal-cruelty case

supreme court quashes district orders in animal-cruelty case the allowed dona sfar’s appeal because there were no authenticated proper form. it did not decide whether should be retried. has quashed against sfar an case, allowing her recording full decision a judgment delivered on 15 may 2012, chief

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Courts Service · 2012-05-15 · courts

Supreme Court dismisses solicitor negligence appeal over failed planning challenge

supreme court dismisses solicitor negligence appeal over failed planning challenge dermot tighe argued that his former solicitor’s failings caused a judicial review case to collapse. the upheld high court’s dismissal of damages claim. has dismissed tighe’s against rejection claim solicitor, joseph b

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Courts Service · 2012-05-15 · courts

Supreme Court dismisses appeal over Danske Bank judgment mortgage

supreme court dismisses appeal over danske bank judgment mortgage the held that a 12-month stay in settlement did not prevent from registering other property after expired. dismissed patrick (otherwise paddy) hegarty’s against high order allowing a/s to pursue well charging lands county cork. it cou

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Courts Service · 2012-05-15 · courts

High Court dismisses claim against Monaghan County Council over missing PIAB authorisation

high court dismisses claim against monaghan county council over missing piab authorisation the held that council’s later joinder amounted to new proceedings requiring under act. it dismissed case council, without deciding underlying assault allegations. [2012] iehc 190 after finding plaintiff had jo

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Courts Service · 2012-05-15 · courts

High Court sets €195,000 phased security for costs in Goode Concrete case

high court sets €195,000 phased security for costs in goode concrete case the insolvent company must provide €110,000 first two defendants and €85,000 kilsaran, covering pleadings discovery. [2012] iehc 198 has ordered to phase of its competition related claims against crh plc, roadstone wood limite

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Courts Service · 2012-05-14 · courts

High Court grants Bank of Ireland summary judgment for €1.74m

high court grants bank of ireland summary judgment for €1.74m the found no credible factual issue or arguable legal defence to bank’s claim against two borrowers over commercial mortgage and bridging loan accounts. [2012] iehc 197 granted governor company €1,743,896.15, plus accruing interest, john

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Courts Service · 2012-05-14 · courts

High Court refuses leave in father’s bid over Irish daughter’s residence rights

high court refuses leave in father’s bid over irish daughter’s residence rights the said minister had already decided application and found no evidence that his daughter would have to eu if he were removed. [2012] iehc 193 refused seek judicial review of for justice equality’s handling a pakistani m

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Courts Service · 2012-05-11 · courts

Criminal Appeal Court quashes Cunningham’s ten money laundering convictions

criminal appeal court quashes cunningham’s ten money laundering convictions the held that he could rely on a supreme ruling search warrants because his was still pending. it proposed retrial counts 1 to 9; count 10 treated as disposed of. of has quashed timothy (ted) after decision invalidating warr

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Courts Service · 2012-05-11 · courts

High Court orders Ticket Generator to provide security for Ryanair’s costs

high court orders ticket generator to provide security for ryanair’s costs the found ryanair had a prima facie defence and that would probably be unable meet its if won. amount form of were left further submissions. [2012] iehc 215 has ordered limited limited’s legal in their ongoing dispute over sa

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Courts Service · 2012-05-11 · courts

High Court rules N17 Electrics lease did not bind ACC Bank over Galway retail properties

high court rules n17 electrics lease did not bind acc bank over galway retail properties [2012] iehc 228 the has ruled that a relied on by limited premises at milltown, tuam and terryland park in galway. dispute arose after receiver kenneth fennell was appointed three units milltown january 2011. wo

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Courts Service · 2012-05-10 · courts

Supreme Court ordered release after immigration detention exceeded eight-week limit

supreme court ordered release after immigration detention exceeded eight-week limit the gave reasons for its 27 april 2012 order, holding that a second notice did not restart statutory aggregate limit. said an algerian national was unlawfully detained his custody limit, and earlier order directing r

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Courts Service · 2012-05-10 · courts

High Court refuses most grounds in deportation review bid, adjourns one

high court refuses most grounds in deportation review bid, adjourns one the ruled that an authorised civil servant could make a decision minister’s name. it adjourned separate argument pending of justice ruling and refused interim relief. [2012] iehc 189 algerian woman leave to challenge her on she

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Courts Service · 2012-05-10 · courts

Supreme Court accepts challenge to detention under immigration law

supreme court accepts challenge to detention under immigration law justice macmenamin agreed that the appellant’s literal reading of provision had be accepted, while saying any legislative response was for oireachtas. accepted an argument about interpretation provision, concluding consequences in a

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Courts Service · 2012-05-10 · courts

Supreme Court upheld release after ruling detention could not restart eight-week limit

supreme court upheld release after ruling detention could not restart eight-week limit in an article 40.4 inquiry, the agreed that a fresh incident on same grounds begin new period beyond statutory aggregate limit. with order releasing nazih kadri from wheatfield prison, based for breach of deportat

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Courts Service · 2012-05-09 · courts

High Court refuses judge’s recusal request and upholds confidentiality ruling in UCD course dispute

high court refuses judge’s recusal request and upholds confidentiality ruling in ucd course dispute the accepted patrick kelly’s undertaking not to bring further interlocutory applications proceedings, while leaving open possibility of a future restraining order. [2012] iehc 169 refused application

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Courts Service · 2012-05-09 · courts

High Court refuses request to hear child in Hague return case

high court refuses request to hear child in hague return case the judge ruled that a girl who was nearly five too young be given an opportunity heard summary proceedings. decision addressed only. [2012] iehc 188 refused mother’s application have her five-year-old daughter interviewed proceedings see

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Courts Service · 2012-05-09 · courts

High Court refuses appeal certificate over limited costs order in deportation case

high court refuses appeal certificate over limited costs order in deportation case the substantive judicial review had become moot after minister granted temporary permission to remain. refused applicant leave ruling supreme court. [2012] iehc 501 has an applicant’s request for a allowing case. mr j

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Courts Service · 2012-05-04 · courts

High Court refuses Ryanair bid to dismiss Swedish airport security charge claim

high court refuses ryanair bid to dismiss swedish airport security charge claim the held that was not a foreign revenue or public law debt and had submitted irish jurisdiction. it refused stay, leaving proceedings continue towards trial. [2012] iehc 226 of ireland has limited’s application stay by s

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Courts Service · 2012-05-04 · courts

High Court says AIB has no access rights or management charge duty for two unsold apartments

high court says aib has no access rights or management charge duty for two unsold apartments the held that bank’s mortgage over did not give it development’s common areas require to contribute costs while remained a mortgagee. left potential liability earlier structural work undecided. [2012] iehc 1

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Courts Service · 2012-05-04 · courts

High Court orders surrender to UK on four charges

high court orders surrender to uk on four charges the rejected objections a european arrest warrant, finding its description of alleged offences and respondent’s involvement sufficient for surrender. [2012] iehc 180 has ordered philip michael baron surrendered united kingdom charges, after rejecting

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Courts Service · 2012-05-03 · courts

High Court quashes Dublin exclusion order after finding hearing was unfair

high court quashes dublin exclusion order after finding hearing was unfair the ruled that karl zambra not given a fair opportunity to answer allegations before district excluded him from his mother’s home. [2012] iehc 565 quashed against zambra, which led it fell considerably short of standards requ

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Courts Service · 2012-05-03 · courts

High Court: Personal injury settlement offers cannot be accepted unilaterally after court lodgement

high court: personal injury settlement offers cannot be accepted unilaterally after court lodgement a ruling on section 17 of the civil liability and courts act 2004 says formal may withdrawn, with circumstances relevant to any later costs decision. [2012] iehc 276 has ruled that offer made under it

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Courts Service · 2012-05-03 · courts

High Court dismisses McEvoys’ appeal over mortgage breakage fee complaint

high court dismisses mcevoys’ appeal over mortgage breakage fee complaint the found no serious or significant error in financial services ombudsman’s decision concerning couple’s about information they said received from permanent tsb. [2012] iehc 277 dismissed jacqueline and james mcevoy’s against

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Courts Service · 2012-05-02 · courts

High Court refuses to strike out father’s child return case at this stage

high court refuses to strike out father’s child return case at this stage the said a polish ruling on child’s residence did not decide whether move ireland breached custody rights. that question remains for irish proceedings. [2012] iehc 183 has refused an application dismiss or proceedings seeking

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Courts Service · 2012-05-01 · courts

Supreme Court orders retrial of liability in Wexford motorcycle collision case

supreme court orders retrial of liability in wexford motorcycle collision case the appeal identified two material errors trial judge’s reasoning but did not decide who was liable for 2000 collision. has allowed an by paul doyle and ordered a issue arising from kilrane, co wexford. it determine itsel

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Courts Service · 2012-05-01 · courts

High Court orders man committed pending minister’s decision on US extradition

high court orders man committed pending minister’s decision on us extradition the rejected objections based risk of prison abuse, finding evidence did not establish a real to respondent’s rights in his particular case. [2012] iehc 179 has ordered james o’gara await united states, where he is sought

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Courts Service · 2012-05-01 · courts

Supreme Court allows garda sergeant to add challenge to Ombudsman investigation

supreme court allows garda sergeant to add challenge ombudsman investigation the permitted an additional legal ground in ongoing judicial review, finding that refusing amendment would unfairly deprive of a significant argument. it did not decide whether could proceed. court; high (prior decision) al

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Courts Service · 2012-05-01 · courts

Supreme Court quashes Defence Forces airman’s discharge over drug test

supreme court quashes defence forces airman’s discharge over drug test the found record did not show that senior officers applied required reasonable doubt to claim of passive cannabis inhalation. it left any further consideration authorities. has quashed a recruit who said he tested positive for af

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