Irish local news and public records
Source-linked information, updated 2026-10-17.
high court rejects bid to route prisoner's detention challenge through judicial review the ruled that an article 40 inquiry can consider whether inadequate notice of criminal proceedings made a resulting unlawful. it did not decide gary bailey’s was [2012] iehc 366 has rejected argument prisoner’s h
high court refuses challenge to naturalisation decisions over latvian non-citizen status the said minister must first assess new applications with applicants’ additional information; it did not decide whether they were stateless. [2012] iehc 336 refused a judicial review by mother and her two daught
high court refuses summary judgment in €52,500 subcontractor dispute the found that contractor had shown a real defence to claim and adjourned application for plenary hearing. it did not decide whether money is ultimately owed. [2012] iehc 345 has refused subcontractor’s final of against building co
high court orders return of two boys to england and wales, subject arrangements the rejected arguments based on settlement, boys’ objections grave risk, but stayed order until suitable are made. [2012] iehc 450 has ordered jurisdiction courts wales under hague convention, appropriate made for their
high court refuses to strike out personal injury claim despite long delay the judge found plaintiff’s inexcusable but declined dismiss action, citing his age, an inadequate fact-based explanation and second defendant’s in filing its defence. [2012] iehc 413 has refused a action for want of prosecuti
supreme court overturns €1m contempt finding against priory hall developer thomas mcfeely the has overturned a mcfeely, setting aside basis for three-month prison term and €1 million fine imposed over fire safety works at dublin apartment complex. appeal concerned only proceedings. chief justice sus
high court grants leave on one challenge to moldova protection procedure the found no arguable case most grounds challenging a subsidiary refusal, but allowed judicial review proceed whether application imposed an unlawful disadvantage. [2012] iehc 337 has granted moldovan applicant seek ground for
supreme court sets aside mcfeely’s imprisonment and €1m fine the allowed an appeal over contempt orders, finding that procedure stated basis for high orders raised serious problems. [2012] iesc 45 has set committing property developer thomas mcfeely to three months in prison imposing a €1 million pr
high court grants limited leave in asylum appeal challenge the allowed a judicial review to proceed on narrow ground about lack of an oral hearing, while refusing original report because that was out time without adequate explanation. [2012] iehc 340 has granted for south african applicant seek refu
high court says zurich bank may present bankruptcy petition after dismissal application the rejected debtor’s grounds for dismissing summons and ruled that creditor could a petition. it did not adjudicate debtor bankrupt. [2012] iehc 587 against jim mcconnon rejecting his to dismiss over debt of €32
supreme court allows appeal in priory hall fire-safety proceedings justice murray said the was allowed on grounds set out other judgments, while leaving unresolved whether fire services act permits mandatory orders beyond restricting or prohibiting a building’s use. an over deficiencies at hall, but
high court refuses challenge to subsidiary protection refusal the rejected a judicial review application, finding that minister could conclude changed conditions in cabinda meant applicant no longer faced claimed risk from her past or perceived flec association. [2012] iehc 341 has refused an angola
high court dismisses treasury holdings’ challenge to nama enforcement decisions the found that breached treasury’s right be heard and its duty act fairly, but held was estopped from pursuing after agreeing a standstill. [2012] iehc 297 has dismissed judicial review brought by holdings companies agai
high court refuses to set aside third-party notice in apartment damp case the accepted that architect obtained new information through an invasive inspection before serving notice, but ordered parties agree a strict timetable so related proceedings could stay on track. [2012] iehc 349 has refused ar
dpd franchisees awarded €31,900 over parcel weights, but court rejects fraud claim the high also valued terminated cork franchise at €255,307 and ordered repayment of €8,680 in disputed pulsar charges. it dismissed a separate commission said judgment would attract courts act interest. [2012] iehc 61
high court awards €1.389m after finding crash caused lasting brain injury the accepted that a 2005 collision led to cognitive and personality changes, assessed damages at €1,389,308.90 said plaintiff was entitled decree. [2012] iehc 377 of for peter fagan road traffic significant changes his functio
supreme court rejects brennan appeal over wholemeal bread packaging the upheld high court’s passing-off decision and injunction, finding that brennan’s as a whole was likely to confuse shoppers about source of its bread. s.c. no. 466 2011 has dismissed joseph bakeries’ against passed off product mcc
high court refuses bid to remove ddda powers claim from irish glass bottle site case the allowed plaintiffs’ amended challenge remain in proceedings, finding delay small and no prejudice suffered. it made ruling on underlying claims. [2012] iehc 318 court, commercial has refused an application dubli
high court quashes council refusal to consider social housing application the ruled that an existing dublin city tenant was not barred from applying another authority, and sent her back for a decision on its merits. [2012] iehc 344 quashed dún laoghaire-rathdown county council’s lisa kinsella’s remi
high court awards landlords €478,000 in tallaght leisure-centre rent dispute the entered summary judgment for half outstanding rent, with balance adjourned a full hearing on tenants’ counterclaim over car parking and unfinished redevelopment works. [2012] iehc 343 ordered leisureworld limited leisur
high court rules each side must bear own costs in shillelagh quarries planning case [2012] iehc 402 the has ruled that its legal limited’s unsuccessful challenge concerning a quarry registered by south dublin county council. ruling followed an earlier judgment on 27 june 2012 which refused leave to
supreme court allows appeal over contempt finding against priory hall appellant the found that had not received fair notice before high him in breach of an undertaking and order. allowed by thomas mcfeely after made a contempt-related without giving issue would be heard or setting out allegations ad
high court rules receiver cannot pursue disputed grant share under debenture a preliminary issue turned on whether ashcoin’s alleged of was book debt excluded from the which its appointed. [2012] iehc 365 ruled that kieran wallace, acting as for ashcoin ltd., had no standing to moriarty holdings ltd
supreme court rejects interim bid to block ireland’s esm treaty ratification the ruled on urgent issues in thomas pringle’s appeal, referred eu law questions of justice and adjourned appeal pending its ruling. has refused an application temporarily restrain state from ratifying, approving or accepti
supreme court refers euro stability treaty questions to eu the rejected thomas pringle’s sovereignty claim and injunction request, but referred about amendment esm of justice for a preliminary ruling. has european union’s mechanism justice, while rejecting that ireland’s participation would unlawful
fennelly would have allowed brennan appeal in bread packaging dispute a dissenting supreme court judgment, mr justice said the trial judge had treated confusion between loaves as enough to establish passing off. he joseph bakeries’ and dismissed mccambridge limited’s claim. s.c. no. 466 of 2011 who
high court orders william kelly to pay costs in company oppression case the awarded edward gerard his across all three modules of proceedings, while excluding court-appointed accountant’s remuneration and clarifying terms for transferring four ramelton properties. [2012] iehc 335 has ordered kelly’s
high court orders surrender to poland on four warrants, refuses two the allowed warrants 1, 2 and 7 offences in warrant 6, but refused it 3 4 three grouped under 6. a fifth had been withdrawn. [2012] iehc 388 ordered arkadiusz krzysztof guz’s european arrest 7, 4, withdrawn its proceedings struck ou
high court dismisses appeal over solicitor misconduct inquiry the upheld tribunal’s decision that a dispute apartment purchases and tax relief was not appropriate for resolution through discipline proceedings. [2012] iehc 357 has dismissed an by patrick mccarthy senior against to hold into alleged t
high court finds transfer refusal failed to show proper consideration of family rights the found that a prisoner’s request serve his sentence in uk was capable engaging article 8, but reserved its final order for further hearing. [2012] iehc 347 minister justice had not shown whether, or how, he con
supreme court dismisses both appeals over emerald meats damages award the left in place high court’s €2.45 million general for losses linked to state’s refusal grant a 1990 meat import quota. dismissed limited’s appeal and cross-appeal, leaving damages. related department of agriculture’s licence 17
court of criminal appeal dismisses appeals over unlawful-organisation convictions the upheld special court’s three men, finding no unfairness in use senior garda belief evidence and inferences from unanswered questions. has dismissed by desmond donnelly, gerard mcgarrigle james murphy against their
high court upholds receiver’s appointment and orders possession of glenbeigh garage the held that ulster bank’s right to appoint a receiver under 2007 mortgage survived 2009 legislation. it granted dismissed defendant’s counterclaim. [2012] iehc 331 ruled bank ireland limited was entitled over retai
high court rejects claim to ownership of house but secures residence for child the found no contract, proprietary estoppel or resulting trust giving mother south west property. it recognised her right live there with son until he turns 18, 23 if in full-time education, and made maintenance related p
court refuses certificate bid over sentences for cork heroin convictions the of criminal appeal said applicants’ proposed questions about sentence parity had not been raised at trial or in their earlier proceedings. {'name': 'the appeal', 'location': 'not stated'} refused an application by alan morr
high court dismisses law society appeal over solicitor accounts allegations the upheld tribunal’s decision that no inquiry was warranted, citing respondent’s explanations, cooperation and steps to improve practice management. [2012] iehc 358 dismissed of ireland’s against a not hold disciplinary int
criminal appeal court declines to quash three sexual assault convictions the rejected challenges jury directions and prosecution’s handling of evidence relating complainants. it addressed convictions; supplied judgment does not state a separate ruling on sentence. [2012] iecca 76 has declined man’s
high court orders solicitor to pay acc bank €266,374 over breached undertaking the set aside a master’s decision striking out bank’s special summons and ordered compensation for solicitor’s failure secure promised land security. [2012] iehc 348 of ireland against john tobin him €266,374.12 breaching
high court gives aib judgment on disputed mortgage loans, with three-month stay four the found borrowers had no answer to lender’s claim after a full hearing, while concluding they should have received notice of default before demand loans. [2012] iehc 323 gave bank seven but stayed enforcement them
high court grants aircraft lessor summary judgment for €3.195m in rent arrears the commercial ruled that plaintiffs may seek on unliquidated claims appropriate cases, but granted conditional leave to defend remaining and medical equipment. [2012] iehc 374 court, list court’s gave abbey international
high court dismisses golf handicap libel and conspiracy claims the found that “handicap building” conveyed an accusation of cheating, but ruled relevant publication was protected by qualified privilege plaintiff had not proved malice. [2012] iehc 372 dismissed thomas talbot’s against hermitage club,
high court finds investment management contract was with barclays uk justice iseult o’malley ruled on a preliminary application that the plaintiff’s bank plc, not ireland. judgment addresses only identity of proper defendant. [2012] iehc 411 an investor had for services rather than ireland which def
high court dismisses challenge to receiver’s appointment over 24 mortgages the held that predated 2009 act and receiver was validly appointed under rights incorporated into them. [2012] iehc 322 dismissed a by william moran, sheila moran michael of mortgages, holding had been terms mortgages. mr jus
high court dismisses bid to bring €5.33m claim for seskin the found proposed derivative action had poor prospects and that shareholder not shown grounds under either of exceptions he relied on. [2012] iehc 332 court, commercial has dismissed a shareholder’s application leave in properties limited’s
criminal appeal court rejects dpp bid to recuse judge from later conmey proceedings the dismissed application, finding had not objected when earlier offered withdraw. a clarification specified that critical passage referred solely dpp. [2012] iecca 75 of an application by director public prosecution
high court orders limited hsbc discovery in madoff-related case the ordered of two categories documents from entities and personnel new york hong kong, finding request relevant, necessary not oppressive. [2012] iehc 298 court, commercial has institutional trust services (ireland) to make held by kon
high court refuses judicial review bid over disclosure in wexford trial the said applicant had not shown an unavoidable real risk of unfair and left issues with judge. [2012] iehc 320 refused michael berry’s application for seeking to stop his criminal legal aid concerns, finding he established a th
high court rules 2009 rent review law applies to guarantor’s new lease the declared that a created after landlord exercised an option require guarantor take over from defaulting tenant can provide for reviews both upwards and downwards. [2012] iehc 299 section 132 of land conveyancing reform act ent
high court dismisses garda’s workplace bullying and negligence claim the found no scapegoating, cover-up or actionable breach of duty, while stressing that a separate dispute over stopped pay was outside case. [2012] iehc 329 has dismissed his employers bullied scapegoated him after 2006 murder woma
high court awards €301,272 to former garda injured in 2001 assault the allowed damages for injuries and losses, reduced past earnings compensation over applicant’s failure pursue retraining, rejected his claim after age 60. [2012] iehc 342 awarded james lynn €301,272.49 arising from an while on duty
appeal court rejects two challenges to bomb-making materials convictions the of criminal refused terry mcconnell’s application over disclosure and privilege, cormac fitzpatrick leave after finding a failure meet solicitor-access safeguard did not cause miscarriage justice. has brought by mcconnell t
high court rejects late arrest challenge and orders surrender to poland the dismissed a preliminary objection over timing of rights information had already ordered under european warrant act. [2012] iehc 321 its jurisdiction in case respondent’s serve an aggregate two-year prison sentence. judgment,
high court limits district role in driving-test appeals a case stated clarified that the may examine whether test was improperly conducted, but cannot reassess tester’s findings on driving competence. [2012] iehc 592 has ruled hearing an appeal over refused certificate decide assessment of candidate
high court sends €1.4m richmond hospital repair dispute to arbitration [2012] iehc 317 court, commercial the has halted a €1.4 million damages action over former in dublin and directed landlord commissioners of public works resolve their through arbitration. rory o’meara sued condition property foll
court of criminal appeal increases rape sentences to 10 years the allowed dpp’s against an unduly lenient sentence, replacing while leaving for threatening kill and assault unchanged. has increased gary kinsella’s three offences from eight years, with final year suspended, six months suspended. dire
high court extends time for quarry haul-route challenge after unclear council record the found that westmeath county had made its compliance decision on 3 march 2011, but said incomplete could mislead public. it extended judicial review limit own motion, allowing to proceed. [2012] iehc 300 refused
high court grants mother and daughter leave to challenge residence refusals the allowed judicial review proceedings proceed on two grounds concerning a three-year-old hungarian citizen her mother. it refused for mother’s partner. [2012] iehc 311 has granted young permission seek of refusals, finding
supreme court says father’s car insurance did not exempt son from uninsured-driving offence the answered “no” to a question about an insurer’s liability where driver was covered by policy. second european directives arise. stated case concerning whether third-party claimants meant insured when he ve
high court rejects prisoner's bid for immediate release over search and prosecution-consent claims the found detention lawful purposes of an article 40.4.2 inquiry, while leaving merits prisoner’s outstanding appeal to criminal appeal. [2012] iehc 325 has rejected michael o’callaghan’s application f
high court allows dalkey homeowners’ negligence case against uk insurance broker to proceed in ireland [2012] iehc 303 the has ruled that proceedings brought by owners of a house at sorrento terrace can continue ireland. terry coleman, anita coleman and agulhas resources inc. sued offley services li
high court enters €9.68m judgment for bank of scotland against jerry beades the granted summary after finding that had not shown a triable issue or an arguable defence to claim on four loan facilities. [2012] iehc 328 court, commercial has entered plc €9,684,987.04 beades, he demonstrated bank’s mr
high court refuses darcys’ application to set aside €17m default judgment the found defendants had not shown a defence bank’s claim or adequately explained their delay in seeking reopen judgment. [2012] iehc 305 has refused thomas and antoinette darcy’s obtained by allied irish banks plc for more th
high court dismisses delayed hepatitis c notification claim the found plaintiff’s delay in advancing his case was inordinate and inexcusable, that continuing it would be unfair to defendants. acknowledged serious illness but said remained incomplete. [2012] iehc 304 dismissed michael burke’s action
high court refuses security for costs in €109,638 architectural-services dispute the declined defendant’s application after finding that a judgment could be enforced switzerland under lugano convention. [2012] iehc 312 has refused an by michael krohne €109,638.03 over architectural services claimed
high court rejects bid by transferred life prisoners for independent parole review [2012] iehc 313 the has rejected applications two from uk who sought an tribunal to their continued detention in ireland. jonathon caffrey, held portlaoise prison, and john coughlan, then training unit at mountjoy had
high court orders forfeiture of €100,000 surety after extradition respondent absconds the found bail money had been provided by respondent, rather than his mother, and ordered sum any interest forfeited to state. [2012] iehc 302 state finding lodged as an independent rory doyle, also known david wes
high court seeks offence details before deciding uk surrender request the adjourned a part-heard extradition hearing and renewed its for information about 19 offences. it did not refuse or make final decision. [2012] iehc 315 has alleged offences whether david james cahill should be surrendered to u
high court dismisses long-dormant competition case over delay the found plaintiffs’ in pursuing claims against eight companies was inordinate and unexplained, that passage of time created a serious risk an unfair trial. [2012] iehc 316 has dismissed brought by three defendants, finding years unexpla
high court dismisses challenge to mayo wind farm planning permission john keane argued that the environmental assessment did not properly address risks from transporting turbines over local roads and bridges. dismissed his judicial review, finding board was entitled rely on information mitigation me
high court dismisses pub patron’s negligence claim over assault outside balally inn the judge found could not reasonably have foreseen spontaneous violence and was negligent in failing to hire security. [2012] iehc 314 dismissed mark rodgers’s against company that owns inn, finding violent which he
high court quashes asylum appeal decision over inadequate reasoning on relocation the found refugee appeals tribunal had not adequately addressed country information raised against its conclusion that applicant could relocate within nigeria. two other judicial review grounds were made out. [2012] ie
worker held 25% responsible for trip over cable spool on sandymount footpath the high court assessed damages at €342,799.84 before deducting contributory negligence, leaving a total award of €257,099.88. [2012] iehc 306 found that dublin city council lighting department should have seen large he tri
high court refuses challenge to asylum appeal decisions over pakistan protection finding the rejected a judicial review focused on two credibility issues, saying tribunal’s central that was available in remained unchallenged. [2012] iehc 284 has refused pakistani family’s application quash refugee a
high court quashes asylum appeal decision over premature ruling on medical evidence the found refugee appeals tribunal breached fair procedures by deciding before its own deadline for reports had expired. it ordered a fresh hearing differently constituted tribunal. [2012] iehc 283 has quashed refusi
high court rejects challenge to deportation order over service of notice the held that proposal was properly served at applicant’s last registered address, although he likely did not receive it. [2012] iehc 375 rejected q.w.’s judicial review a order, finding minister had deport him address with imm
high court orders return of nine-year-old to czech republic under hague convention the found child’s stated preference remain with his father in ireland did not amount sufficient grounds refuse return. it left any longer-term residence decision courts. [2012] iehc 307 court, family law has ordered a
high court awards ordinary costs after nullity petition is withdrawn the found serious inconsistencies in petitioner’s account but declined to order solicitor and client because was before any significant oral hearing. [2012] iehc 617 awarded respondent party petitioner withdrew a concerning parties
high court refuses bid to strike out solicitors’ third-party claim over carlow development the held contribution was within applicable limitation period and found no delay warranting its dismissal. it also refused set issues down for a preliminary hearing. [2012] iehc 294 an application or aside pro
high court orders broad discovery in quinn proceedings, refuses security for costs mr justice moriarty set document categories and date ranges disclosure by both sides. he declined irish bank resolution corporation’s application the of six individual plaintiffs. [2012] iehc 334 court, commercial has
high court grants judicial separation and delays final pension split for 11 months the set maintenance, housing financial measures couple their two children, with a review to finalise indicative division. [2012] iehc 618 granted decree of married identified as t.v.c. n.p.c., while deferring decision
high court awards €404,800 over damage to limerick canal-side house the apportioned liability for from drainage works 75% roadbridge and 25% city council, while dismissing claim against murphy international. 2012 [iehc] 293 awarded james o’callaghan in damages severe his beside canal at clare street
high court refuses to set aside third-party notice in pembroke square water damage case mr justice herbert found the defendants had not delayed unreasonably bringing bernard murphy into proceedings, but ordered them bear costs of preparing, issuing and serving notice. [2012] iehc 380 has refused an
high court quashes nigerian mother and child’s deportation orders over refoulement assessment the found minister’s reasons for concluding that their return to nigeria would not breach prohibition on were clear. it did decide disputed questions about mother’s history or her husband’s later visa appli
high court orders louise joyce’s release over defective committal warrant the found supporting her detention did not state offence of conviction. a fuller was said to have been prepared, but before judge when he ruled. [2012] iehc 326 ordered from after finding that custody for which she had convict
supreme court upholds negligence finding over symphysiotomy, reduces damages to €325,000 the upheld high court’s liability decision an operation performed after a caesarean delivery in 1969, but replaced its €450,000 general award. that symphysiotomy on olivia kearney her baby had been delivered by
high court refuses challenge to rejection of iraqi asylum claim the found no basis quash refugee appeals tribunal’s decision, which had concluded that applicant not shown a real risk persecution if returned iraq. [2012] iehc 290 has refused an national’s application for judicial review decision reje
high court allows michael o'riordan medical negligence case to proceed despite delay [2012] iehc 274 by daniel keane the has allowed a action brought against doctors and hospitals involved in his prostate cancer treatment continue substantial delays serving progressing proceedings. underwent brachyt
supreme court orders angela farrell to provide security for costs on multiple bank of ireland appeals the has ordered solicitor before she can continue most a series arising from long-running dispute with ireland. litigation began when sought possession in february 2009 properties over which it clai
supreme court dismisses appeal over failed right-of-way sale the held that a vendor had acted so unreasonably in trying to rescind land she lost right do so. it set aside separate finding based on imprudence and left broader contract question for another case. has dismissed monica kiely’s her attemp
high court refuses bid to stop second trial in wexford woman’s death case the said disclosure and causation issues should be addressed at trial, found no sufficient basis prohibit a retrial. [2012] iehc 295 has refused eleanor joel’s application on manslaughter charge arising from her mother’s death
high court sets 10 july deadline to release f.x. from unlawful detention the held that f.x.’s custody was and ordered his existing at 5pm on 2012, allowing a short period for authorities seek regularise it. [2012] iehc 272 be released after holding unlawful. delay intended give time take steps they
high court refuses cab orders over properties and accounts linked to late p.f. [2012] iehc 428 the has refused criminal assets bureau applications nine five bank which alleged represented proceeds of crime generated by included four parcels at ardkirk, co monaghan, other lands in ravensdale hall adj
high court fixes damages at €17.69m after valuing two properties the set june 2008 value of rathmines property €3.4m and august oilgate land €2.25m. counsel may return if they disagree with resulting figures. [2012] iehc 268 court, commercial has calculated recoverable by kbc bank ireland plc from b
court of criminal appeal overturns pipe bomb conviction the set aside samuel devlin’s and sentence, finding special court’s reasoning did not support its conclusion that he knowingly possessed device. has allowed against his for possessing a both seven-and-a-half-year prison sentence imposed by cour
court of criminal appeal upholds 18-year sentence for €6.2m heroin offence the dismissed michael byrne’s appeal, finding no error in principle imposed possessing sale or supply. has against an prison worth €6.2 million a jury found byrne guilty march 2010 three counts, including principal under sect
high court upholds limited discovery of private communications in dublin custody dispute [2012] iehc 593 the has upheld an order requiring disclosure emails and text messages a dispute, while restricting how that material can be used. case arose during judicial separation proceedings between p. q.,
high court refuses to halt mcardle criminal trial over delay the found that most of was attributable mcardle’s absences and he had not shown a real risk an unfair trial. [2012] iehc 286 refused stephen application stop proceedings against him, finding caused by delay. judicial review concerned two p
high court strikes out sibling’s abuse claim over delay the dismissed a civil action alleging between 1976 and 1980, finding in pursuing it inexcusable risk of an unfair trial too great. [2012] iehc 327 has struck woman’s against her brother, which alleged rape, sexual false imprisonment 1980. mr ju
bankrupt seán quinn cannot personally defend bank’s third-party claim, high court rules the held that official assignee had authority to decide whether damages claim against quinn’s estate and properly declined do so. [2012] iehc 261 court, commercial ruled no personal entitlement proceedings brough
high court finds children’s interim care extensions invalid after no evidence was heard the ruled that district should have available witnesses before extending orders over mother’s objection. it invited submissions on what happen next. [2012] iehc 288 found order for two children were invalidly mad
high court refuses bid to strike out engineering firm’s third-party notices the applications concerned claims arising from alleged construction defects at walled garden, mount juliet. acknowledged delays but declined set aside notices. [2012] iehc 269 has refused two by hendrick ryan and associates
high court finds detention unlawful but postpones release order the ruled that a required statutory step was missed before an unfit-to-plead man committed to central mental hospital. it adjourned making of any while heard further argument on appropriate remedy. [2012] iehc 271 found anonymised detai
court quashes ira membership conviction after finding arrest in home unlawful the of criminal appeal ordered a retrial, ruling that gardaí had no authority to barry o’brien his search warrant’s legal basis fell away. [2012] iecca 68 has quashed o’brien’s for an illegal organisation and directed was
court refuses late appeal bid by man who pleaded guilty to explosives and firearm charges the of criminal declined extend 21-day deadline, ruling that later damache decision did not justify reopening convictions entered on pleas. [2012] iecca 69 refused thomas hughes’s application time for appealing