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Courts Service · 2012-06-29 · courts

High Court refuses return of child to Slovakia after finding father acquiesced

high court refuses return of child to slovakia after finding father acquiesced the found father’s withdrawal slovak custody proceedings amounted acceptance remaining in ireland. it declined order under hague convention, leaving merits for courts. [2012] iehc 267 refused an application a slovakia, th

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Courts Service · 2012-06-29 · courts

Court refuses leave to appeal conviction and 10-year sentence in firearm case

court refuses leave to appeal conviction and 10-year sentence in firearm case the of criminal rejected challenges admission phone evidence, trial court’s refusal direct an acquittal imposed for possessing a pistol ammunition. refused eugene kelly his convictions prison its judgment delivered on 29 j

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Courts Service · 2012-06-29 · courts

High Court orders inquiry into prisoner’s claim he lacked access to liver specialist

high court orders inquiry into prisoner’s claim he lacked access to liver specialist the directed notification and set out steps for a possible further application, but made no finding on alleged denial of medical access. [2012] iehc 431 that an allegation by prisoner mark mcmenamin was not being fa

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Courts Service · 2012-06-28 · courts

High Court grants leave to challenge Pakistan protection and deportation decisions

high court grants leave to challenge pakistan protection and deportation decisions the found substantial grounds argue that minister’s assessment of state for an ahmadi applicant was irrational in light country information relied upon. [2012] iehc 572 has granted anonymised pakistani refusing him su

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Courts Service · 2012-06-28 · courts

High Court limits discovery in Flogas cylinder trademark disputes

high court limits discovery in flogas cylinder trademark disputes the allowed some requests for records about market assessments and procurement, while refusing broader or commercially sensitive categories. [2012] iehc 259 court, commercial has limited two related over flogas-branded gas cylinders,

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Courts Service · 2012-06-28 · courts

High Court refuses challenge over expired fishing appeals officer’s appointment

high court refuses challenge over expired fishing appeals officer’s appointment two companies sought to prevent their mackerel authorisation appeal from being reheard by another officer. the refused all requested relief. [2012] iehc 260 a judicial review carbery limited and fintra trawling company h

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Courts Service · 2012-06-27 · courts

High Court awards €215,028 after Mountmellick crash injury claim

high court awards €215,028 after mountmellick crash injury claim liability was admitted, so the assessed damages only. judge accepted plaintiff’s account of persistent back pain and awarded for income loss. [2012] iehc 250 martin laffan in a 2009 road mountmellick, including €87,400 future defendant

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Courts Service · 2012-06-27 · courts

Supreme Court dismisses challenge to continued detention of €36,500

supreme court dismisses challenge to continued detention of €36,500 the held that district judges could authorise on reasonable grounds suspect cash represented proceeds crime or was intended for criminal conduct. has dismissed thomas delaney’s appeal over orders allowing gardaí continue detaining s

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Courts Service · 2012-06-27 · courts

High Court denies quarry operator leave to challenge planning refusal

high court denies quarry operator leave to challenge planning refusal the found an bord pleanála could assess quarry’s status independently and rely on evidence of intensified operations since 1964. [2012] iehc 257 has denied shillelagh quarries limited pleanála’s permission for continued use expans

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Courts Service · 2012-06-27 · courts

High Court orders fresh process to decide zoning for former Z15 lands

high court orders fresh process to decide zoning for former z15 lands the clarified effect of its earlier ruling quashing in dublin’s 2011–2017 development plan and awarded costs applicants, less €15,000. [2012] iehc 309 ordered dublin city council’s elected members reconsider formerly designated 20

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Courts Service · 2012-06-27 · courts

High Court quashes Data Protection Commissioner order stopping Eircom copyright protocol

high court quashes data protection commissioner order stopping eircom copyright protocol [2012] iehc 264 court, commercial, judicial review the has quashed a enforcement notice that ordered to stop operating system used with record companies respond alleged online infringement. dispute followed an e

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Courts Service · 2012-06-27 · courts

High Court grants leave to challenge refugee refusal over future-risk assessment

high court grants leave to challenge refugee refusal over future-risk assessment the allowed a judicial review proceed on one ground, while making no finding whether applicant faces persecution if returned cameroon. [2012] iehc 568 has granted for cameroonian of status, an arguable issue appeals tri

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Courts Service · 2012-06-27 · courts

High Court refuses appeal over Ombudsman’s €2,500 award against Bank of Ireland

high court refuses appeal over ombudsman’s €2,500 award against bank of ireland the found no basis to intervene in remedies for account maladministration, including bank’s failure adjust commercial loan repayments. [2012] iehc 258 has refused an by david walsh, ursula walsh and office school compute

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Courts Service · 2012-06-27 · courts

High Court refuses leave to challenge asylum and deportation decisions

high court refuses leave to challenge asylum and deportation decisions the said applicant had not established grounds reopen his refugee appeals tribunal after seeking subsidiary protection. it also rejected arguments that later judgments undermined judicial review as an effective remedy. [2012] ieh

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Courts Service · 2012-06-26 · courts

High Court dismisses worker’s claim over knife-sharpening injury

high court dismisses worker’s claim over knife-sharpening injury the found that kitchen sharpener had a fixed black guard and dismissed claim, which alleged no was fitted. [2012] iehc 289 canteen personal cut to her left hand, finding knife she used attached. in judgment delivered on 26 june 2012, m

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Courts Service · 2012-06-26 · courts

High Court rejects challenge to refusal of subsidiary protection

high court rejects challenge to refusal of subsidiary protection the found that applicant had presented no new evidence and minister’s decision also relied on his ability seek from bangladeshi authorities. [2012] iehc 570 has rejected a man’s minister for justice equality’s grant him protection. in

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Courts Service · 2012-06-26 · courts

Island Ferries awarded €92,243 after Rossaveel vessel detention

island ferries awarded €92,243 after rossaveel vessel detention the high court compensatory damages for a vessel’s and disruption to ferry services, but rejected exemplary left its competition act assessment conditional. [2012] iehc 256 has ordered defendants pay teoranta in over of one vessels with

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Courts Service · 2012-06-26 · courts

High Court grants leave to challenge asylum appeal decision over future risk assessment

high court grants leave to challenge asylum appeal decision over future risk assessment the found substantial grounds argue that refugee appeals tribunal failed assess a woman whose gender and nationality it had not specifically rejected. did quash tribunal’s decision. [2012] iehc 487 has granted an

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Courts Service · 2012-06-26 · courts

High Court finds Sean Quinn, Peter Quinn and Sean Quinn Jr in contempt over property asset transfers

high court finds sean quinn, peter quinn and jr in contempt over property asset transfers [2012] iehc 379 the has found darragh junior guilty of transactions designed to move assets from international group beyond reach anglo irish bank. findings arose injunctions first granted june 2011 continued b

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Courts Service · 2012-06-25 · courts

High Court sets declarations and apportions costs in Fairfield Sentry dispute

high court sets declarations and apportions costs in fairfield sentry dispute the recognised sentry’s winding up its liquidator, made further about dublin account, ordered reciprocal of 75% 25%. [2012] iehc 462 court, commercial british virgin islands winding-up order for limited appointment kenneth

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Courts Service · 2012-06-25 · courts

High Court refuses challenge to denial of subsidiary protection

high court refuses challenge to denial of subsidiary protection the held that applicant had not shown a personal risk inhuman or degrading treatment in bangladesh. [2012] iehc 252 has refused judicial review minister for justice and equality’s refusal an anonymised who claimed be rohingya from burma

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Courts Service · 2012-06-25 · courts

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

high court grants leave to challenge subsidiary protection refusal and deportation order the found three arguable grounds for judicial review, including concerns about how decision addressed alleged past harm risks returning failed asylum seekers. [2012] iehc 251 has granted w. a. [drc] seek review

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Courts Service · 2012-06-21 · courts

Supreme Court awards Cunningham costs after prosecution challenge became moot

supreme court awards cunningham costs after prosecution challenge became moot the did not decide whether should have been prohibited. it ruled only on dpp discontinued criminal proceedings. awarded cecily of her high judicial review proceedings and appeal director public prosecutions case against wh

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Courts Service · 2012-06-21 · courts

High Court rejects challenge to indefinite deportation order

high court rejects challenge to indefinite deportation order the dismissed constitutional and echr challenges sections of immigration act 1999 refused relief over minister’s decision not revoke a order. [2012] iehc 244 has rejected family’s duration orders under 1999, finding that legislation was un

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Courts Service · 2012-06-21 · courts

High Court orders surrender to Hungary after rejecting rights objections

high court orders surrender to hungary after rejecting rights objections the found evidence did not establish a real risk of inhuman or degrading treatment breach family life rights, and declined refuse under either statutory ground raised. [2012] iehc 270 has ordered sándor rajki’s european arrest

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Courts Service · 2012-06-21 · courts

Supreme Court dismisses appeal over stay of home-building dispute pending arbitration

supreme court dismisses appeal over stay of home-building dispute pending arbitration the upheld a high order staying fureys’ proceedings against lurgan-ville construction, finding company had neither taken step under 1980 act nor been estopped from relying on its clause. has dismissed john and lucy

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Courts Service · 2012-06-21 · courts

High Court finds EBS can pursue possession of Donegal shop and filling station

high court finds ebs can pursue possession of donegal shop and filling station the held that had acquired a right to seek before statutory provision was repealed, but made any order subject further filings account reviews. [2012] iehc 243 limited in county repeal it relied on. said would make once s

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Courts Service · 2012-06-20 · courts

High Court grants Ulster Bank summary judgment in two Deane loan cases

high court grants ulster bank summary judgment in two deane loan cases the held that defendants’ affidavits disclosed no arguable defence to bank’s claim for €19,876,130.55, rejecting their reliance on an alleged oral understanding and collateral agreement. [2012] iehc 248 has granted ireland limite

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Courts Service · 2012-06-20 · courts

High Court voids company asset transfer and restricts former director for five years

high court voids company asset transfer and restricts former director for five years the found a €840,000 accounting transaction concerning company’s 40% interest in malahide home was an invalid fraudulent preference. it also ordered of interests scottish property accounts into proceeds from spanish

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Courts Service · 2012-06-20 · courts

High Court rules guarantor remains liable, but rejects forged loan variation

high court rules guarantor remains liable, but rejects forged loan variation the held that a 2008 amendment raising interest was ineffective against sean mccann as guarantor. it left him liable under original guarantee, with at rate; form of order remained to be addressed. [2012] iehc 236 has ruled

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Courts Service · 2012-06-20 · courts

District Court makes care order for child to remain in residential placement

district court makes care order for child to remain in residential placement the said statutory threshold was met and made a until turns 18, with directions covering reviews, services possible changes. [2012] iedc 12 seven-year-old reaches finding that section 18(1)(c) necessary proportionate allow

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Courts Service · 2012-06-19 · courts

Supreme Court declines second request to surrender Ciarán Tobin to Hungary

supreme court declines second request to surrender ciarán tobin hungary in a concurring judgment, justice fennelly agreed that the appeal should succeed because process was an abuse of case’s unique circumstances. decline under european arrest warrant, said judgment delivered on 19 june 2012. he wit

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Courts Service · 2012-06-19 · courts

Supreme Court dismisses Ciarán Tobin’s appeal against surrender to Hungary

supreme court dismisses ciarán tobin’s appeal against surrender to hungary the upheld high order on a second european arrest warrant, finding earlier refusal did not bar under amended irish law. dismissed and affirmed for his serve three-year prison sentence. in its judgment delivered 19 june 2012,

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Courts Service · 2012-06-19 · courts

High Court orders four company properties transferred in shareholder dispute

high court orders four company properties transferred in shareholder dispute a remedy following an earlier oppression finding, the valued one shareholder’s beneficial interest at €339,000 and ordered to him, subject €165,000 payment company. [2012] iehc 330 has owned by charles kelly limited be as c

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Courts Service · 2012-06-19 · courts

High Court refuses challenge over release of woman’s childhood care file

high court refuses challenge over release of woman’s childhood care file the held that judicial review had become moot after was disclosed under a restricted circuit order, and declined to examine in detail. [2012] iehc 255 refused application for order allowing her be used an expert assessment conn

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Courts Service · 2012-06-19 · courts

Supreme Court judge says second Tobin surrender bid should be refused

supreme court judge says second tobin surrender bid should be refused in a judgment delivered june 2012, hardiman j. identified three grounds for declining to the irish citizen hungary. this is his judgment; source does not provide court’s overall order. said application ciarán hungary refused, citi

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Courts Service · 2012-06-18 · courts

High Court dismisses appeal over solicitor misconduct complaint

high court dismisses appeal over solicitor misconduct complaint the upheld disciplinary tribunal’s decision that there was no prima facie case for an inquiry into solicitor’s conduct and awarded him costs. [2012] iehc 245 has dismissed by luke heffernan against a solicitors tribunal of john hussey.

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Courts Service · 2012-06-15 · courts

High Court rules HSE support did not defray nursing home’s expenses

high court rules hse support did not defray nursing home’s expenses the answered a case stated by valuation tribunal on whether glendale home qualified for rates exemption. it held was supporting residents’ care, defraying expenses. [2012] iehc 254 ruled that payments health service executive (hse)

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Courts Service · 2012-06-15 · courts

High Court rejects ship buyer’s claim over delayed mortgage deletion

high court rejects ship buyer’s claim over delayed mortgage deletion the held that lender was not obliged to remove entry after a judicial sale in belgium, where had been registered korea. [2012] iehc 240 has rejected by purchaser of sold at auction finding required voluntarily its from korean shipp

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Courts Service · 2012-06-14 · courts

High Court orders €11.08m judgment over Parnell Centre loans

high court orders €11.08m judgment over parnell centre loans the found loan facility conditions were not met, but held cambourne still had to repay money borrowed and upheld separate guarantees given by peter curistan century city. [2012] iehc 262 court, commercial has ordered investments inc, city

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Courts Service · 2012-06-14 · courts

High Court refuses defendants’ motion to decline jurisdiction in share-transfer dispute

high court refuses defendants’ motion to decline jurisdiction in share-transfer dispute the held that parties had agreed a signed contract irish jurisdiction, with italian law governing agreement. [2012] iehc 230 court, commercial refused by marco samir lamsouguer and ae photonics gmbh have it over

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Courts Service · 2012-06-14 · courts

High Court refuses habeas corpus application over prison access and management complaints

high court refuses habeas corpus application over prison access and management complaints mr justice charleton found no evidence that the three midlands inmates were unlawfully detained said could not replace ordinary appeal process. [2012] iehc 229 refused a brought by convicted prisoners at prison

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Courts Service · 2012-06-13 · courts

High Court rules €500 bequest to Ballina area council workers void for uncertainty

high court rules €500 bequest to ballina area council workers void for uncertainty the could not identify whom late edward rafter intended benefit. it ruled would pass into his estate’s residue. [2012] iehc 239 has that a £500 in will of j. “mayo county (ballina area) workers” was uncertainty, becau

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Courts Service · 2012-06-13 · courts

High Court refuses wasted costs order against solicitors in asylum case

high court refuses wasted costs order against solicitors in asylum case the found judicial review challenge was tenable, though its prospects were limited, and refused state’s application to make applicant’s personally liable for costs. [2012] iehc 231 an by minister justice refugee applications com

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Courts Service · 2012-06-12 · courts

Treasury awarded half its leave-application costs in NAMA judicial review

treasury awarded half its leave-application costs in nama judicial review the high court ordered that 50% of treasury’s be cause against and kbc, state reasonable for defending parts application. [2012] iehc 237 holdings co-applicants could include their a leave application any later national asset

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Courts Service · 2012-06-12 · courts

Supreme Court allows construction federation to be added to mason’s union dispute

supreme court allows construction federation to be added mason’s union dispute the overturned a high refusal join industry federation, leaving any limitation defence for later consideration. has allowed (cif) as co-defendant proceedings against building and allied trades (batu) three officials. it o

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Courts Service · 2012-06-12 · courts

District Court makes care orders for three children until age 18

district court makes care orders for three children until age 18 the parents consented to sought by hse. found statutory threshold met and adjourned access issue further discussion. [2012] iedc 11 an chúirt dúiche / made under section 18(1)(c) of child act 1991 children, remain in force each reaches

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Courts Service · 2012-06-12 · courts

High Court orders security for costs in VHI hospital approval dispute

high court orders security for costs in vhi hospital approval dispute the found insolvent company had not shown a prima facie causal link between vhi’s alleged refusal to approve it and its losses. amount timing of remained further submissions. [2012] iehc 232 has ordered c.m.c. medical operations l

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Courts Service · 2012-06-11 · courts

Man jailed for helping suspect after East Wall killing and drug offences

man jailed for helping suspect after east wall killing and drug offences the central criminal court imposed concurrent six five-year terms, suspending final three years of first sentence two second. [2012] ieccc 2 high court, a who pleaded guilty to impeding prosecution in 2008 possessing cannabis c

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Courts Service · 2012-06-08 · courts

High Court rules woman’s hospital detention lawful after admission examination

high court rules woman’s hospital detention lawful after admission examination the refused to order her release under article 40.4.2, finding valid. it did not decide medical merits or other aspects of proceedings. [2012] iehc 224 has a woman involuntarily detained at st. patrick’s university hospit

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Courts Service · 2012-06-08 · courts

High Court refuses order to return two boys to Poland

high court refuses order to return two boys poland the found that had been wrongfully removed from poland, but declined their after considering objections and circumstances of case. [2012] iehc 234 refused a mother’s application for an returning her sons despite finding father them in december 2010.

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Courts Service · 2012-06-08 · courts

High Court refuses challenge to Ballinasloe town enhancement scheme

high court refuses challenge to ballinasloe town enhancement scheme the chamber of commerce’s judicial review failed. judge said council’s failure formally notify galway county council was a technical non-compliance that did not justify quashing decision. [2012] iehc 273 has refused approval scheme,

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Courts Service · 2012-06-08 · courts

High Court finds breach of contract in Grafton Street fire-safety dispute

high court finds breach of contract in grafton street fire-safety dispute the found sellers had not met their undertaking to provide compliance certificates for no. 25 street. it rejected claims deceit and negligent misstatement left damages remedial works unresolved. [2012] iehc 227 that a dublin s

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Courts Service · 2012-06-07 · courts

High Court finds property transfers to daughter had family proceedings in view

high court finds property transfers to daughter had family proceedings in view the ruled that value of two properties transferred a trust could be attributed respondent at later hearing. it declined reach same conclusion about earlier friend. [2012] iehc 613 found impending law contemplation when tr

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Courts Service · 2012-06-07 · courts

High Court says questioning breached accused’s right to silence in criminal damage case

high court says questioning breached accused’s right to silence in criminal damage case the answered a district stated on lawfulness of questions about account gardaí, and said proceedings should be dismissed. [2012] iehc 421 has ruled that an accused not have been compelled answer whether he had to

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Courts Service · 2012-06-07 · courts

Supreme Court dismisses Kennedy appeal over judge’s review of privileged documents

supreme court dismisses kennedy appeal over judge’s review of privileged documents the rejected an objective-bias complaint, finding high remarks did not show bias when read in context. fennelly j also agreed with dismissal on delay. dismissed james kennedy’s proceedings against director public pros

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Courts Service · 2012-06-07 · courts

Supreme Court refuses to halt James Kennedy corruption trial over Carrickmines rezoning

supreme court refuses to halt james kennedy corruption trial over carrickmines rezoning the has cleared way for kennedy’s on 16 charges concerning alleged payments public representatives linked of lands at carrickmines. mr had sought prohibit dublin circuit criminal trial, arguing that lengthy delay

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Courts Service · 2012-06-07 · courts

Supreme Court dismisses James Kennedy’s appeal to stop prosecution

supreme court dismisses james kennedy’s appeal to stop prosecution o’donnell j agreed that the could proceed, finding no established risk of an unfair trial or demonstrated prejudice. he left some broader questions open. dismissed against a decision allowing his in judgment delivered by on 7 june 20

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Courts Service · 2012-06-07 · courts

Supreme Court finds €500,000 ACC Bank investment claim was brought too late

supreme court finds €500,000 acc bank investment claim was brought too late the has ruled that patrick gallagher’s negligence against over a product outside six-year limitation period. gallagher invested in bank’s solid world bond 4 2003. crucially, he borrowed full sum from under loan running for s

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Courts Service · 2012-06-07 · courts

Hardiman would have barred delayed prosecution in Kennedy appeal

hardiman would have barred delayed prosecution in kennedy appeal a dissent the supreme court, mr justice said delay was inordinate and not adequately explained. he allowed james kennedy’s granted relief sought. [2012] iesc 34 court judge against should proceed after regarded as inadequately dissente

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Courts Service · 2012-06-07 · courts

Supreme Court rules investor’s negligence claim was out of time

supreme court rules investor’s negligence claim was out of time the held that pleaded tort accrued when investment made and barred by statute limitations. judgment excerpt records no further order. has ruled patrick gallagher’s against acc bank plc, trading as bank, limitations because it made. in a

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Courts Service · 2012-06-07 · courts

High Court dismisses challenge to asylum appeal decisions for two children

high court dismisses challenge to asylum appeal decisions for two children the granted respondents’ motion dismiss a judicial review challenge, concluding that children’s claims rested on parental accounts already rejected as not credible. [2012] iehc 225 has dismissed proceeding brought behalf of c

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Courts Service · 2012-06-07 · courts

Supreme Court judge says Kennedy trial should proceed despite prosecutorial delay

supreme court judge says kennedy trial should proceed despite prosecutorial delay a has concluded that james kennedy's criminal finding prosecutors had not fully explained of about five years in bringing the case forward. mr justice clarke agreed with chief appeal be dismissed and high order affirme

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Courts Service · 2012-06-06 · courts

High Court rejects Pearse Doherty challenge to Referendum Commission statements on fiscal treaty vote

high court rejects pearse doherty challenge to referendum commission statements on fiscal treaty vote [2012] iehc 211 the has refused a brought by donegal south west td made shortly before stability referendum. doherty, sinn féin's finance spokesman and prominent no campaigner, moved for judicial re

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Courts Service · 2012-06-06 · courts

High Court orders child’s return to England in Hague Convention case

high court orders child’s return to england in hague convention case the rejected mother’s grave-risk objection return, but directed that child her custody and accepted father’s undertaking not enforce his order pending review by english courts. [2012] iehc 579 of ireland has ordered a after finding

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Courts Service · 2012-06-06 · courts

High Court grants summary judgment on rent arrears up to December 2010

high court grants summary judgment on rent arrears up to december 2010 the rejected a guarantor’s argument that collapse in construction sector provided defence liability, while leaving later claims and separate demand issue for further proceedings. [2012] iehc 607 granted of €604,556.50 accrued 17

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