Courts Service · 2012-11-30 · courts
high court refuses security for costs in printer dispute the declined to require oltech lodge trial-cost olivetti, finding that staying oltech’s claim would leave olivetti’s linked counterclaim with an unfair advantage. [2012] iehc 512 court, commercial has refused order (systems) limited provide of
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Courts Service · 2012-11-30 · courts
high court dismisses claim over fall at ballybrack petrol station the found that plaintiff’s was not caused by negligence and rejected her account of an oil spill. it also dismissed two substantial claims for expenses had been abandoned hearing. [2012] iehc 495 a woman’s personal-injury action stati
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Courts Service · 2012-11-30 · courts
high court dismisses €8m claim over deceased man’s estate as vexatious the dismissed brendan loughrey’s proceedings against estate’s administrator and restricted further without leave, while preserving his pending supreme appeals. [2012] iehc 578 in which loughrey claimed €8 million from solicitor c
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Courts Service · 2012-11-30 · courts
high court refuses surrender in two italian warrant cases after earlier trials emerged the said respondents had already been tried italy, making prosecution warrants before it unusable for surrender. directed that its reasons be sent to authorities and eurojust. [2012] iehc 535 refused order of ital
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Courts Service · 2012-11-30 · courts
high court refuses surrender after italian warrants failed to reflect trials the declined order in two cases learning respondents had already been tried italy. it directed ireland’s central authority send judgment and reasons issuing eurojust. [2012] iehc 536 refused of italy learned they there on o
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Courts Service · 2012-11-29 · courts
court of criminal appeal halves prison terms for vat evasion the reduced concurrent sentences from four years to two after finding that sentencing judge had given too little weight appellant’s substantial payments revenue. john hughes’s on each count, run concurrently, substantially discounted his r
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Courts Service · 2012-11-29 · courts
supreme court says nawaz’s constitutional challenge must proceed through judicial review the allowed state’s appeal over procedure and proposed an eu law reference in a separate appeal; it did not decide underlying or protection claims. ruled that haq to deportation provisions of immigration act 199
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Courts Service · 2012-11-29 · courts
high court sets aside possession order over bank witness’s evidence the allowed a borrower’s appeal, ruling that an outsourced loan manager could not prove bank’s records and arrears as witness for bank. [2012] iehc 549 julia stapleton’s appeal against circuit order, from employee of was inadmissibl
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Courts Service · 2012-11-29 · courts
supreme court upholds cab confiscation of dublin family home bought with crime proceeds by tom arden the has upheld a criminal assets bureau order confiscating crime, rejecting an appeal wife john kelly. high had ordered in 2007 that house, along certain bank funds, be transferred to minister for fi
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Courts Service · 2012-11-29 · courts
high court quashes conviction after co-accused were treated differently the ruled that an employed woman should also have received benefit of probation act, given circumstances recorded for her two co-accused. it quashed and fine but refused a broader declaration on equal treatment. [2012] iehc 498
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Courts Service · 2012-11-29 · courts
supreme court upholds deferred prison privileges sanction for second mobile phone breach the dismissed james mcauley’s appeal, holding that governor could set a later start date disciplinary imposed after separate breach. [2012] iesc 57 court; appeal from high has against court’s refusal to quash sa
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Courts Service · 2012-11-29 · courts
high court orders winding up of company over unpaid revenue debt the upheld a 2009 tax settlement as binding, rejected company’s claimed expense credit substantial dispute, and ordered wound up. [2012] iehc 600 has u.s. ltd to be debts, finding that it made with in was binding had not established gr
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Courts Service · 2012-11-28 · courts
high court orders release of asylum seeker detained over immigration breaches mr justice hogan ruled that overstaying a visa, working illegally and frustrating deportation did not, by themselves, amount to the threat public order required for preventive detention under refugee act. [2012] iehc 493 o
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Courts Service · 2012-11-28 · courts
high court refuses challenge to cameroon woman’s subsidiary protection refusal the rejected procedural grounds and held that a disputed legal error would not affect case because her past harm had been accepted was supported by objective evidence. [2012] iehc 499 has refused application quash ministe
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Courts Service · 2012-11-27 · courts
high court rejects challenge to revenue’s €6.24m tax-avoidance notice the found that was issued immediately after nominated officer formed his opinion and dismissed applicant’s judicial review challenge. [2012] iehc 500 has ronan mcnamee’s a revenue withdrawing tax advantage of €6,242,115.26 arising
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Courts Service · 2012-11-27 · courts
high court orders surrender to czech republic despite delay objection the rejected a man’s argument that and impact on his family life made disproportionate, ordered under european arrest warrant act. [2012] iehc 533 has of ladislav klier republic, rejecting effect unfair disproportionate. in judgme
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Courts Service · 2012-11-26 · courts
high court sends garda compensation decision back to minister over ‘special risk’ issue the upheld minister’s view that a garda’s injuries were minor, but quashed on whether his duties involved special risk and ordered be reconsidered. [2012] iehc 519 has sent part of james mcguill’s application for
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Courts Service · 2012-11-23 · courts
high court cuts liquidator’s fees by €25,000 in haydon investments case the measured remuneration for two periods at reduced amounts, citing an earlier estimate and charge-out rates it considered excessive. left precise payment orders to a later hearing. [2012] iehc 505 claimed official liquidator o
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Courts Service · 2012-11-23 · courts
high court says mental health treatment reviews must record patients’ choices the found that long-term under section 60 requires independent review and an assisted decision-making process, but it did not order routine hearings or grant plaintiff relief. [2012] iehc 491 said patients who object to co
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Courts Service · 2012-11-23 · courts
high court varies separation arrangements, orders property sales and sets family home option the heard an appeal from a judicial order set out custody, child expense while retaining seisin until were completed. [2012] iehc 584 allowed circuit by making directions on expenses property. it ordered sev
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Courts Service · 2012-11-23 · courts
high court awards €260,000 to woman injured in dun laoghaire pavement fall the found that a 5mm 6mm difference between slabs was hidden tripping hazard caused by faulty construction or poor design. it awarded damages for injuries and loss of earnings. [2012] iehc 502 olive loughrey after finding def
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Courts Service · 2012-11-23 · courts
high court grants allied irish banks liberty to enter judgment over €2.5m loan claim the rejected borrowers’ bid send dispute a plenary hearing and also entered against guarantor, finding no arguable defence on issues raised. [2012] iehc 516 has given plc final two borrowers loans totalling €2,527,6
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Courts Service · 2012-11-22 · courts
high court moves to withdraw eu reference after cyprus proceedings struck out the said changed circumstances made answers from european of justice no longer useful deciding whether irish should be stayed or dismissed. [2012] iehc 596 has directed that told an earlier in a dispute involving bank reso
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Courts Service · 2012-11-22 · courts
high court orders surrender to poland after rejecting objections third arrest warrant the found no prior ruling on merits or abuse of process, and held that serve remaining sentence would not breach respondent’s rights. [2012] iehc 508 has ordered a man under european warrant, his seeking return bal
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Courts Service · 2012-11-22 · courts
high court refuses hotel contractor’s security-for-costs application the refused defendant’s for security costs, finding plaintiff was pursuing its own claim rather than acting as a nominal plaintiff. it made no on claim’s merits. 2012 [iehc] 471 court, commercial has an by zerko limited costs in di
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Courts Service · 2012-11-22 · courts
high court refuses challenge to medical council’s decision on radiology complaints the found first explanation inadequate but upheld its later decision, which relied rarity of condition and standard reasonably expected radiologists. [2012] iehc 477 refused laurence flynn’s application for judicial r
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Courts Service · 2012-11-21 · courts
high court refuses defendants’ bid to amend defence in game council membership case the dismissed an application add a mootness defence, finding proposed amendments irrelevant liability proceedings. [2012] iehc 481 has refused by 12 defendants their dispute over refusal renew jim fitzharris’s of hun
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Courts Service · 2012-11-21 · courts
district court admits child 1’s statements after finding oral evidence would harm welfare the allowed identified in hse’s notice to be admitted a preliminary application under section 23 of children act 1997. it reserved their evidential weight for care-order hearing. [2012] iedc an chúirt dúiche /
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Courts Service · 2012-11-21 · courts
district court makes care order for child 1 until age 18 the approved 1’s placement with his maternal grandmother and gave hse discretion over access, a review listed february 2013. [2012] iedc 24 (an chúirt dúiche) made 18th birthday after finding that statutory threshold under section of act 1991
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Courts Service · 2012-11-20 · courts
high court quashes refusal of somali asylum appeal over risk assessment and red cross evidence the granted judicial review after finding refugee appeals tribunal failed to assess future on return somalia wrongly gave no weight relevant documents. [2012] iehc 480 has a applicant 2011 decision refusin
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Courts Service · 2012-11-20 · courts
high court grants late judicial review challenge over asylum credibility finding the granted an extension of time and leave to one part refugee appeals tribunal’s decision: its treatment applicant’s failure seek in iran or turkey. [2012] iehc 479 for afghan applicant a tribunal decision, but only on
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Courts Service · 2012-11-20 · courts
district court grants care orders for two children until 2020 and 2030 the also placed access with both parents at hse’s discretion, appointed father joint guardian of child 2 ordered further oversight children’s placements. [2012] iedc 22 court; county is redacted as [district given] granted 1 15 a
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Courts Service · 2012-11-15 · courts
high court awards €300,000 after pedestrian was struck by lorry wing mirror the found council driver negligent for failing to see a student waiting at waterford crossing and held vicariously liable. [2012] iehc 503 awarded in damages who suffered serious head injury when local authority lorry’s him
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Courts Service · 2012-11-15 · courts
high court rejects point village developers’ reading of dunnes fit-out clause the held that a settlement linked store’s access date to confirmation about leases for seven units, not practical completion certificate. it did decide whether developers were entitled specific performance. [2012] iehc 482
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Courts Service · 2012-11-15 · courts
supreme court refuses fresh evidence bid in mcmullen appeal the declined to admit documents or order further examination of a solicitor, but extended deadline for papers 28 january 2013. has refused michael colin geoffrey mcmullen’s application introduce as his against high decision, and solicitor p
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Courts Service · 2012-11-14 · courts
supreme court dismisses appeal over saudi arabia computer licence dispute the upheld finding that agreement had not been validly terminated and foundation could rely on its contractual cap liability. of ireland has dismissed an by european driving limited in a gulf region with icdl, gcc foundation,
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Courts Service · 2012-11-14 · courts
district court makes care order for 16-year-old until age 18 the found statutory threshold met, ordered hse care, and set directions a review, an updated plan assessments. [2012] iedc 20 (an chúirt dhuiche) made under section of child act 1991 boy he reaches 18. followed hearing on 14 november 2012.
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Courts Service · 2012-11-14 · courts
high court grants bank summary judgment but leaves disputed €709,626 fund for trial the ruled that robert mcquillan had no defence to bank’s loan claim. it ordered avestus capital partners pay sale proceeds into court, with entitlement be decided at a separate trial. [2012] iehc 483 has granted dans
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Courts Service · 2012-11-14 · courts
high court allows appeal against receiver over laois planning bonds the held that developer had no entitlement to money under payable solely county council, so appointing a recover judgment debt would be futile. [2012] iehc 504 court, circuit has allowed an order connected housing development in por
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Courts Service · 2012-11-14 · courts
court declines care order for 17-year-old, directs supervision and family support the district found section 18 threshold met after assaults impaired young person’s welfare, but said a would be disproportionate given her wishes imminent return home. [2012] iedc 21 an chúirt dúiche / declined to make
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Courts Service · 2012-11-14 · courts
supreme court split over liability cap in computer licence dispute the upheld high court’s ruling that had not been lawfully terminated, but divided whether a contractual on damages applied. computer-licensing agreement its judges disagreed licensor could rely damages. appeal arose from an interlocu
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Courts Service · 2012-11-14 · courts
high court awards €185,000 after finding negligence caused mary street fire the found that a garden shop’s failure to unplug heater near flammable materials damaged adjoining premises. damages had been agreed. [2012] iehc 473 by mr. middleton shop limited, trading as middleton, at its premises in du
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Courts Service · 2012-11-12 · courts
high court rules garda’s transfer appeal was unfairly refused the found member had no fair opportunity to a made within two days. it reserved question of appropriate order. [2012] iehc 531 has that garda authorities acted and unreasonably by refusing consider an officer’s against his from blarney gu
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Courts Service · 2012-11-12 · courts
high court rejects challenge to macroom bypass approval eileen stack shanahan and gerard sheehan argued that the road scheme would harm setting of carrigaphooca’s historic sites. found no material flaw in process refused relief sought. 2012 [iehc] 571 has rejected a judicial review brought by agains
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Courts Service · 2012-11-12 · courts
high court allows late lease notice to preserve tenant’s right seek new tenancy the held that notice, sent four days before a 36-year expired, was valid for purpose of preserving statutory relief. it did not set terms tenancy. [2012] iehc 494 court, commercial has ruled edward lee and co. [1974] lim
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Courts Service · 2012-11-12 · courts
high court refuses challenge to permission for restored cottage near ballyconneely coast the rejected a neighbour’s judicial review of an bord pleanála’s decision permit refurbishment one-bedroom cottage, finding board had given adequate reasons and acted within its planning powers. [2012] iehc 532
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Courts Service · 2012-11-12 · courts
high court dismisses lender’s possession claim over inadequate demand letters the held that demanding arrears or vacant did not repayment of full secured balance, as required before it could order under section 62(7). [2012] iehc 459 dismissed g e capital woodchester home loans limited’s for against
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Courts Service · 2012-11-12 · courts
high court dismisses challenge to maplewood liquidator’s appointment the upheld simon coyle’s after finding that creditor-meeting vote was properly counted, but said it could not set a security value for all purposes. [2012] iehc 460 dismissed aken limited’s application replace coyle as liquidator o
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Courts Service · 2012-11-12 · courts
high court orders two directors to pay €5.38m under guarantees and €1.49m in personal loans the rejected directors’ defences, finding were supported by consideration not obtained through duress. [2012] iehc 474 court, commercial has ordered gerard dillon patrick corrigan, jointly severally, acc bank
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Courts Service · 2012-11-09 · courts
hse liable for worsening of motorcyclist’s spinal injury, high court finds the found that appropriate treatment after a 2005 crash would probably have prevented further loss height in fractured vertebra. it awarded €145,000 general damages. [2012] iehc 465 health service executive’s failure to treat
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Courts Service · 2012-11-09 · courts
high court refuses challenge to refusal of congolese woman’s protection application the rejected two judicial review grounds, finding that decision refuse subsidiary rested on rejection applicant’s account past harm. [2012] iehc 454 has refused quash a denying lubika madeline bondo, rejecting her as
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Courts Service · 2012-11-09 · courts
high court quashes subsidiary protection and leave-to-remain decisions over failure to explain treatment of documents the found that minister’s decision did not why appeared support a bangladeshi applicant’s account were given no apparent weight. it left other challenges outside judicial review unre
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Courts Service · 2012-11-09 · courts
high court rejects challenge by two traveller women to limerick city council removal notices [2012] iehc 594 the has rejected a requiring them remove caravans parked beside bawney’s bridge halting site. julie o’driscoll and mary mccarthy had sought judicial review of served under section 10 housing
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Courts Service · 2012-11-09 · courts
high court rejects claim over divorce-related property and pension orders the granted summary judgment to ireland attorney general, finding that proceedings could not succeed also effectively re-litigated issues decided earlier. [2012] iehc 461 general in a by l.b. made during family law proceedings
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Courts Service · 2012-11-09 · courts
high court refuses newlyn homes’ bid to send deposit dispute arbitration the held that company’s later stay application could not proceed after an earlier jurisdiction challenge based on same contract clause. [2012] iehc 597 has refused by homes (portugal) limited a between maurice walsh and yvonne
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Courts Service · 2012-11-09 · courts
high court quashes decision on four-year-old’s asylum appeal the found that refugee appeals tribunal wrongly treated child’s mother’s unrelated, failed claim as relevant. it quashed and said would hear parties form of order. [2012] iehc 455 {'name': 'the court'} has a rejecting four-year-old boy’s a
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Courts Service · 2012-11-08 · courts
supreme court says referendum materials breached impartiality principles the said passages in a government booklet and website did not conform to mckenna would declare public spending on campaign material wrongful. ruled 8 november 2012 that published by department of children youth affairs containe
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Courts Service · 2012-11-08 · courts
high court grants fresh possession order in meath land dispute the said outstanding judgment debt remained due and that was needed to proceed with a sale already ordered. it deferred setting delivery date pending submissions on land’s current use practical arrangements. [2012] iehc 410 ruled noel sh
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Courts Service · 2012-11-07 · courts
high court allows amendment in judgment mortgage case the permitted a bank to correct date and affidavit identified its special summons, leaving separate jurisdiction question undecided. [2012] iehc 476 has allowed danske bank, trading as national irish amend summons proceedings concerning over land
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Courts Service · 2012-11-07 · courts
high court refuses late bid to add family-rights objection polish surrender cases the said respondent’s proposed article 8 argument had little prospect of success because an acknowledged evidential deficit. it refused permission amend his objections; judgment did not decide applications. [2012] iehc
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Courts Service · 2012-11-07 · courts
high court rejects challenge to donegal council co-option the found michael mcbride was not a labour party member or candidate when co-opted fill non-party seat on county council, and refused relief sought. [2012] iehc 417 has an application by desmond shiels mcbride’s finding that he took seat. vac
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Courts Service · 2012-11-07 · courts
high court refuses bid to dismiss pension trustee case at an early stage the found claims should proceed despite scheme’s insolvency, while making no final decision on plaintiff’s entitlement or trustees’ alleged breaches. [2012] iehc 513 has refused application by trustees of south eastern cattle b
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Courts Service · 2012-11-07 · courts
high court refuses appeal over redundancy claim after tribunal found worker remained employed the no identifiable error of law or unsustainable finding fact in employment appeals tribunal’s decision that michael horan’s failed. [2012] iehc 514 has refused against an (eat) determination dismissing hi
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Courts Service · 2012-11-06 · courts
high court stays websense–itway debt claim pending italian court’s jurisdiction decision the found irish and proceedings were related actions under eu rules stayed case until milan decides whether it will accept jurisdiction. [2012] iehc 446 court, commercial has websense international technology li
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Courts Service · 2012-11-06 · courts
high court refuses nigerian woman's challenge to deportation and revocation refusal [2012] iehc 458 court, judicial review the has refused a attempt her from ireland, rejecting arguments based on asylum procedures, planned marriage an irish citizen minister's consideration of case. woman, identified
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Courts Service · 2012-11-06 · courts
high court refuses late arbitration extension after years of silence the held that regan civil engineering’s long, uncommunicated delay meant refusing more time would not cause undue hardship. its application to extend for referring dispute was declined. [2012] iehc 463 refused engineering limited a
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Courts Service · 2012-11-02 · courts
high court orders two property companies to provide security for costs the refused strike out a contractor’s defence over late discovery, finding failure culpable but caused by human error rather than deliberate suppression. [2012] iehc 541 has ordered paulson investments limited and albert enterpri
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Courts Service · 2012-11-02 · courts
high court grants limited appeal certificate in deportation case the certified a constitutional question about state’s duties to seriously ill non-citizen, but refused certification on proposed article 8 questions. [2012] iehc 448 granted m. e. o. leave supreme arising from her deportation, confined
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Courts Service · 2012-11-02 · courts
high court refuses to set aside structural engineers’ involvement in school hall case the held that architects’ delay bringing engineers into proceedings was not unreasonable circumstances. [2012] iehc 438 has refused an application a third-party notice dispute over water ingress at sports built 199
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Courts Service · 2012-11-02 · courts
high court awards €97,000 over restaurant stair fall the found operators and architects liable after a diner suffered serious ankle fracture on unrailed steps. it apportioned fault between them made no reduction for contributory negligence. [2012] iehc 440 awarded sinead mcdonald finding that of dub
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Courts Service · 2012-11-02 · courts
high court refuses pre-trial bid to exclude bank witness evidence the adult children defendants failed meet heavy burden for striking parts of a statement before commercial trial. trial judge will decide evidence’s admissibility and weight. [2012] iehc 475 court, list dismissed an application by fou
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Courts Service · 2012-11-02 · courts
high court dismisses petition to wind up goode concrete the found that company had a genuine, substantial cross-claim in pending competition proceedings exceeded unpaid costs debt behind petition. [2012] iehc 439 has dismissed by kilsaran concrete, which is receivership, after finding genuine and se
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Courts Service · 2012-11-01 · courts
high court confirms revocation of nigerian man’s refugee status, finding asylum information was misleading the affirmed minister’s decision under a different statutory ground, concluding declaration should never have been granted. 2012 [iehc] 484 has confirmed that material he gave to authorities fa
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Courts Service · 2012-11-01 · courts
high court rejects challenge to government’s children’s referendum campaign the found did not plainly favour a particular result and refused relief sought by mark mccrystal. [2012] iehc 419 has mccrystal’s information for 2012 rights referendum, finding that material result. president of nicholas ke
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Courts Service · 2012-11-01 · courts
high court quashes refugee appeal decision over unresolved clan identity the said tribunal had not clearly decided whether somali applicant was ashraf or benadiri, a question central to assessing future risk. 2012 [iehc] 453 has quashed appeals rejecting man’s claim, finding that did determine he be
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