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Courts Service · 2013-02-28 · courts

High Court upholds deportation of Nigerian father after sexual assault conviction

high court upholds deportation of nigerian father after sexual assault conviction [2013] iehc 93 by niamh ellis the has upheld a order against living with his wife and four children in ireland finding that provided substantial reason for removal. m.e., whose three youngest named proceedings included

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Courts Service · 2013-02-28 · courts

High Court grants leave to challenge refusal of Syrian man’s asylum claim

high court grants leave to challenge refusal of syrian man’s asylum claim the found substantial grounds review alleged errors in tribunal’s assessment his sexuality-based persecution and hearing record. it did not decide whether he was entitled refugee status. [2013] iehc 94 has granted s. q. seek j

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Courts Service · 2013-02-28 · courts

Supreme Court dismisses appeal over costs in family law case

supreme court dismisses appeal over costs in family law case the upheld high court’s decision to make no order as after setting aside leave for an application ancillary relief. has dismissed by p.c. against a proceedings connected with divorce and concerned only ruling. had set granted w.y.y.p. appl

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Courts Service · 2013-02-27 · courts

High Court dismisses NAMA appeal over environmental information rules

high court dismisses nama appeal over environmental information rules the upheld commissioner’s decision that was a public authority under 2007 regulations, but corrected part of her reasoning and declined to remit case. [2013] iehc 86 has dismissed national asset management agency’s against it irel

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Courts Service · 2013-02-27 · courts

High Court grants leave to challenge asylum appeal decision over gay man’s claim

high court grants leave to challenge asylum appeal decision over gay man’s claim the found substantial grounds concerning credibility findings, absence of an express on sexual orientation, and approach internal relocation. it did not decide underlying claim. [2013] iehc 85 granted applicant pursue j

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Courts Service · 2013-02-27 · courts

High Court refuses leave to challenge asylum appeal decision over memory evidence

high court refuses leave to challenge asylum appeal decision over memory evidence the found that medical reports did not present diagnosed loss as an explanation for applicant’s difficulty recalling some details. [2013] iehc 84 refused applicant seek judicial review of a 2009 refugee appeals tribuna

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Courts Service · 2013-02-26 · courts

High Court orders Donegal councils to begin statutory process for two estates

high court orders donegal councils to begin statutory process for two estates the directed initiate taking-in-charge procedure after finding that applicants’ 2011 letter clearly requested action under planning law. [2013] iehc 83 has ordered county council and bundoran town taking charge of maple dr

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Courts Service · 2013-02-26 · courts

Supreme Court rejects lay representative’s bid to argue 13 appeals

supreme court rejects lay representative’s bid to argue 13 appeals the ruling concerns who could represent appellants at hearing. their substantive over high costs orders remained pending. refused let percy podger in concerning sought ahead of intended challenges an environmental decision. said pres

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Courts Service · 2013-02-26 · courts

High Court orders winding up of Ely Property Group over unpaid accountants’ demand

high court orders winding up of ely property group over unpaid accountants’ demand the found company had not substantially or honestly disputed a €53,746.91 debt claimed by copsey murray, and ordered its on that basis alone. [2013] iehc 87 has limited after finding it failed to comply with statutory

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Courts Service · 2013-02-25 · courts

High Court adjourns Connemara Mining winding-up petition for further hearing

high court adjourns connemara mining winding-up petition for further hearing the postponed a decision on whether petitioner had standing and set new deadlines advertising, evidence legal submissions. [2013] iehc 123 has put off deciding trampus limited can pursue to wind up company plc, directing th

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Courts Service · 2013-02-22 · courts

High Court refuses injunction halting Knocknaheeny demolition contract

high court refuses injunction halting knocknaheeny demolition contract the found a fair issue to be tried over whether tender document was submitted, but ruled that balance of convenience favoured allowing work proceed. [2013] iehc 159 has refused an interlocutory sought by o’kelly brothers civil en

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Courts Service · 2013-02-22 · courts

High Court declines to restrict three directors after company liquidation

high court declines to restrict three directors after company liquidation the found directors’ decision keep trading april 2009 was not irresponsible on evidence, and refused liquidator’s requested restriction declarations. [2013] iehc 113 has declined impose company-law restrictions of business int

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Courts Service · 2013-02-22 · courts

Credit union ordered to place €51,386.55 Spanish-property proceeds on joint deposit

credit union ordered to place €51,386.55 spanish-property proceeds on joint deposit the high court found had notice of a order when it received request not process payment. directed money be held jointly by parties’ solicitors. [2013] iehc 636 has dunboyne and district after finding sufficient conce

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Courts Service · 2013-02-22 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found no substantial grounds tribunal’s credibility, state protection or relocation assessments. [2013] iehc 89 refused an anonymised applicant seek judicial review of a appeals tribunal rejecting her claim for status. held that had b

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Courts Service · 2013-02-21 · courts

High Court lets former Vodafone employee take up O2 job pending trial

high court lets former vodafone employee take up o2 job pending trial the granted interlocutory relief against vodafone, subject to undertakings, but left unresolved whether six-month non-compete clause was enforceable. [2013] iehc 70 has ordered ireland limited not interfere with octavio hernandez’

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Courts Service · 2013-02-21 · courts

High Court gives Permanent TSB limited role in shareholders’ €4bn recapitalisation challenge

high court gives permanent tsb limited role in shareholders’ €4bn recapitalisation challenge [2013] iehc 75 the has allowed group holdings plc and a proceedings brought by shareholders challenging state’s 2011 of bank. case arose after minister for finance decided to inject €2.7 billion into what wa

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Courts Service · 2013-02-21 · courts

High Court grants Revenue application for information on 19 transactions

high court grants revenue application for information on 19 transactions the accepted had shown reasonable grounds to seek transaction details from a solicitors’ firm, while leaving extent of order and any redactions later hearing. [2013] iehc 67 has granted seeking documents about carried out throu

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Courts Service · 2013-02-20 · courts

High Court refuses Thema bid to amend pleadings in Madoff-related case

high court refuses thema bid to amend pleadings in madoff-related case the found existing adequately set out investment company’s and refused its request add that it was suing on behalf of shareholders. [2013] iehc 76 court, commercial has an application by international fund plc statement claim rep

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Courts Service · 2013-02-20 · courts

Supreme Court refuses five TDs’ bid to join appeal over €30.6bn promissory notes

supreme court refuses five tds’ bid to join appeal over €30.6bn promissory notes the dismissed joinder application, finding its essential purpose was allow tds participate in possible future high proceedings, rather than help resolve before it. has refused an application by members of dáil éireann d

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Courts Service · 2013-02-20 · courts

Supreme Court dismisses Minister’s appeal; common-law marriage question left open

supreme court dismisses minister’s appeal; common-law marriage question left open in concurring observations, murray j. agreed with the dismissal but said appeal did not require a decision on whether could be recognised. dismissed minister for justice, equality and law reform’s case brought by abdi

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Courts Service · 2013-02-20 · courts

Supreme Court dismisses Minister’s appeal over Somali spouse reunification application

supreme court dismisses minister’s appeal over somali spouse reunification application the held that a religious ceremony was not, by itself, valid reason to refuse and sent matter back minister reconsider. it did not decide whether claimed marriage proved. has dismissed for justice’s against high o

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Courts Service · 2013-02-20 · courts

High Court dismisses appeal over Tipperary land charge

high court dismisses appeal over tipperary land charge the found no invalidity in registered and affirmed circuit order for possession sale. [2013] iehc 61 dismissed john hanrahan’s a sale of lands county under held by denis o’connor neale o’hanlon, trading as bbt. mr justice hedigan delivered judgm

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Courts Service · 2013-02-20 · courts

Supreme Court dismisses Minister’s appeal over Sudanese spouse reunification refusal

supreme court dismisses minister’s appeal over sudanese spouse reunification refusal the held that rested on claim marriage was by proxy, a ground minister no longer sought to defend. high order quashing therefore remained in place. has dismissed for justice’s against of family asma mahgoub elkhalif

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Courts Service · 2013-02-19 · courts

Rowley’s €267,500 deposit to go to Protim liquidation, High Court rules

rowley’s €267,500 deposit to go protim liquidation, high court rules the found no binding sale contract and held that had been received by company’s solicitors as agent, leaving rowley an unsecured creditor. [2013] iehc 372 has ruled padraic proprietary claim a paid during negotiations buy premises

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Courts Service · 2013-02-19 · courts

High Court adjourns costs security application over insurer’s prospects clause

high court adjourns costs security application over insurer’s prospects clause the gave an insolvent company up to three months seek a binding assurance that its after-the-event insurer would not withdraw cover based on view of claim’s prospects. [2013] iehc 74 adjourned former solicitor’s for again

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Courts Service · 2013-02-19 · courts

High Court revises damages figures in HSE case, rejects proposed pension credit

high court revises damages figures in hse case, rejects proposed pension credit an addendum to a december 2012 judgment updates compensation calculations and declines deduct €95,890 for the applicant could take before compulsory retirement. [2012] iehc 591 has revised several case brought by p.d.p.

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Courts Service · 2013-02-19 · courts

High Court refuses leave to challenge lack of oral asylum appeal hearing

high court refuses leave to challenge lack of oral asylum appeal hearing the found applicant had not shown why an was needed address credibility findings in his case. it refused seek judicial review; did decide merits claim. [2013] iehc 71 review a decision that any refugee appeals tribunal would be

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Courts Service · 2013-02-19 · courts

Court of Criminal Appeal dismisses Brian Rattigan’s murder conviction appeal

court of criminal appeal dismisses brian rattigan’s murder conviction the rejected challenges to use two witness statements and trial judge’s jury charge, among other grounds. remains undisturbed by this appeal. has dismissed application for leave his declan gavin, rejecting evidence admitted at clo

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Courts Service · 2013-02-18 · courts

High Court dismisses claim against solicitor over damages and client file

high court dismisses claim against solicitor over damages and client file the found evidence did not establish that owed €12,500 or justify an order to provide requested file. [2013] iehc 64 dismissed noel kerr’s o’reilly solicitors for copies of a file, making no as costs. in judgment delivered on

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Courts Service · 2013-02-15 · courts

High Court quashes refusal of Somali refugee’s family reunification application

high court quashes refusal of somali refugee’s family reunification application the found minister’s decision that monthly remittances did not establish dependency lacked an objective basis and sent back for fresh consideration. [2013] iehc 68 has quashed a to bring his mother four siblings ireland,

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Courts Service · 2013-02-15 · courts

High Court sends Friends First loan claim to plenary hearing

high court sends friends first loan claim to plenary hearing a judge found the borrower had arguable defences based on lender’s relationship with him as customer and its connection related investment company. did not decide whether those would succeed. [2013] iehc 59 has adjourned finance limited’s

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Courts Service · 2013-02-15 · courts

Supreme Court finds Polish prison-break offence corresponds to Irish offence

supreme court finds polish prison-break offence corresponds to irish the minister’s appeal succeeded on correspondence issue, but remitted case high consider a remaining question about surrender. has allowed minister for justice’s whether of failing return prison after break in sentence an under law

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Courts Service · 2013-02-15 · courts

High Court rules Fishermans Inn smoking area was not exempt from smoking ban

high court rules fishermans inn smoking area was not exempt from ban on a health service executive case stated appeal, the found district had misinterpreted statutory exemption. judgment answered six legal questions but did decide prosecutions or enter convictions. [2013] iehc 69 ruled that covered

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Courts Service · 2013-02-15 · courts

High Court refuses surrender to Poland over absentia trial without retrial undertaking

high court refuses surrender to poland over absentia trial without retrial undertaking the found respondent had not been shown have received actual notice of that led sentence covered by european arrest warrant. provided no he would receive a retrial. [2013] iehc 101 refused an application man under

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Courts Service · 2013-02-15 · courts

Dunnes Stores liable for employee’s fall on spilled oil, High Court rules

dunnes stores liable for employee’s fall on spilled oil, high court rules the found store’s barriers and warnings did not adequately keep staff out of an oil spill area. it awarded €70,000 in general damages ruled that disability insurance payments must be deducted from past loss earnings. [2013] ie

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Courts Service · 2013-02-15 · courts

Londis ordered to pay further €161,283.91 as court finds franchise termination wrongful

londis ordered to pay further €161,283.91 as court finds franchise termination wrongful the high found that breached its contractual obligations when it abruptly ended black bull store’s in december 2008. defendants’ claimed losses remain for a hearing. [2013] iehc 63 has awarded adm plc against ray

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Courts Service · 2013-02-12 · courts

High Court orders surrender to Latvia on five offences, rejects two

high court orders surrender to latvia on five offences, rejects two the found minimum gravity threshold was not met for allegations involving offences committed when respondent a minor. [2013] iehc 102 has ordered of jurijs jermolajevs seven listed in european arrest warrant. it declined order becau

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Courts Service · 2013-02-12 · courts

ACC Bank’s €1.96m claim against Limerick motor company sent to full hearing

acc bank’s €1.96m claim against limerick motor company sent to full hearing the high court found and its guarantors had raised arguable defences summary judgment, without deciding underlying disputes. [2013] iehc 57 court, commercial has bank plc’s claims mike o’dwyer motors limited for a after find

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Courts Service · 2013-02-11 · courts

High Court directs surrender of Irish man to Lithuania over objections

high court directs surrender of irish man to lithuania over objections the rejected challenges concerning lithuania’s prosecution stage and detention conditions, then directed under european arrest warrant act. [2013] iehc 62 that martin gerard holden be surrendered a warrant, rejecting his no decis

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Courts Service · 2013-02-08 · courts

High Court lets child’s judicial review leave application proceed

high court lets child’s judicial review leave application proceed the refused state’s request to dismiss case at this stage, while directing that her still-pending for be heard alongside father’s proceedings. [2013] iehc 203 has an by state a proceedings as abuse of process, but not granted child br

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Courts Service · 2013-02-08 · courts

High Court ordered release after Garda detention to execute hospital warrant became unlawful

high court ordered release after garda detention to execute hospital warrant became unlawful the found custody could not continue central mental said it admit a.b. immediate release; gardaí then took into civil under health legislation. [2013] iehc 88 ruled that an síochána had no lawful authority d

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Courts Service · 2013-02-08 · courts

High Court refuses leave in challenge over wastewater discharges in Clare

high court refuses leave in challenge over wastewater discharges clare the ruled that michael duffy could not proceed with any of judicial review reliefs he sought, citing delay, lack standing and limits on court’s power to direct regulatory decisions. [2013] iehc 51 has refused bring proceedings tr

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Courts Service · 2013-02-08 · courts

High Court orders discovery of materials behind newspaper articles in defamation case

high court orders discovery of materials behind newspaper articles in defamation case the ordered documents relating to preparation three articles, but refused a request for about district proceedings. [2013] iehc 78 has associated newspapers (ireland) limited provide background at centre action bro

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Courts Service · 2013-02-08 · courts

Supreme Court reinstates Lismore companies’ claims subject to strict timetable

supreme court reinstates lismore companies’ claims subject to strict timetable the set aside a high dismissal for delay, finding delay excusable in circumstances and ordering short deadlines pleadings, discovery case management. has allowed appeals by builders limited homes against of their over pro

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Courts Service · 2013-02-08 · courts

High Court refuses challenge to rejection of Burundian applicant’s refugee claim

high court refuses challenge to rejection of burundian applicant’s refugee claim the found one error in tribunal’s credibility assessment, but held it was not central enough quash decision. [2013] iehc 46 has refused an application for judicial review challenging appeals a.b.’s status and a conseque

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Courts Service · 2013-02-08 · courts

High Court refuses bid to dismiss stamp claim after further discovery affidavit

high court refuses bid to dismiss stamp claim after further discovery affidavit the declined decide whether plaintiff’s explanations were credible on evidence alone, leaving those issues for trial. [2013] iehc 45 has refused an application a over rare stamps and related items plaintiff filed second

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Courts Service · 2013-02-08 · courts

High Court awards both sides costs after deportation case became moot

high court awards both sides costs after deportation case became moot the ordered applicants’ up to grant of leave, with respondents’ later set off against that award. [2013] iehc 47 for in a judicial review brought by nigerian family order father was revoked. applicants were awarded their and inclu

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Courts Service · 2013-02-08 · courts

High Court grants leave to sue over unlawful mental health detention

high court grants leave to sue over unlawful mental health detention the found defendants had not ruled out reasonable grounds for proposed claims, while stressing that liability remains undecided. [2013] iehc 55 has granted a.m. bring civil proceedings against three his at central hospital from 18

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Courts Service · 2013-02-07 · courts

District Court makes care order for nine-year-old child after finding neither parent could provide stable care

district court makes care order for nine-year-old child after finding neither parent could provide stable the granted hse’s application under section 18 of act 1991 and issued directions on placement reviews, social work allocation access. [2013] iedc 5 an chúirt dúiche / made a that then stable, co

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Courts Service · 2013-02-07 · courts

High Court quashes asylum appeal decision over failure to rule clearly on applicant’s ethnicity

high court quashes asylum appeal decision over failure to rule clearly on applicant’s ethnicity the said refugee appeals tribunal had not decided whether applicant was somali and bajuni or assessed his claimed risk of persecution that basis. it quashed sent matter back for a fresh decision. [2013] i

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Courts Service · 2013-02-07 · courts

High Court refuses Motorola’s bid for security for costs in €138m Imagine Networks case

high court refuses motorola’s bid for security costs in €138m imagine networks case the found motorola had not shown, on evidence presented, reason to believe plaintiff companies would be unable pay its if successful defending claim. [2013] iehc 48 court, commercial has refused limited’s application

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Courts Service · 2013-02-07 · courts

High Court orders property sales and access facilitation in divorce appeal

high court orders property sales and access facilitation in divorce appeal the affirmed decree set out financial, child-related orders, while reserving final division of sale proceeds. [2013] iehc 632 ireland a dublin circuit family law appeal, changing financial arrangements ordering two properties

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Courts Service · 2013-02-06 · courts

Supreme Court dismisses appeal over woman’s detention at Central Mental Hospital

supreme court dismisses appeal over woman’s detention at central mental hospital the held that a 2000 release was temporary and did not end 1995 order. it dismissed against high court’s refusal to grant article 40 relief. has an by c.d. of inquiry order her from hospital, holding remained authorised

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Courts Service · 2013-02-05 · courts

District Court admits 15-year-old’s statements in interim care proceedings

district court admits 15-year-old’s statements in interim care proceedings the allowed hearsay to be admitted after finding that giving oral evidence would not serve child’s welfare and this outweighed potential injustice mother. [2013] iedc 4 an chúirt dúiche / made by a 15-year-old child social wo

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Courts Service · 2013-02-05 · courts

High Court sets aside judgment against son after ruling Master lacked jurisdiction

high court sets aside judgment against son after ruling master lacked jurisdiction the extended time to appeal and nullified a 2010 order granting judgment, allowing plenary proceedings continue so defendant could put forward defence. [2013] iehc 82 has set an that allowed be entered his company, of

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Courts Service · 2013-02-05 · courts

High Court dismisses appeal over complaints the Data Protection Commissioner declined to investigate

high court dismisses appeal over complaints the data protection commissioner declined to investigate held that an opinion were frivolous or vexatious was not appealable decision under acts. [2013] iehc 49 court, circuit appeal; dublin county of city has dismissed by david fox commissioner’s two comp

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Courts Service · 2013-02-05 · courts

High Court strikes out injured carpenter’s claim against Aviva

high court strikes out injured carpenter’s claim against aviva the found no reasonable cause of action insurer, holding that neither policy nor a proposed negligence amendment could proceed. employer had already resulted in default judgment, with damages still to be assessed. [2013] iehc 50 has stru

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Courts Service · 2013-02-05 · courts

High Court dismisses claim over child’s injury at play centre

high court dismisses claim over child’s injury at play centre a boy fractured his left femur after jumping from low foam divider bumblebees. the found had not established fault by centre’s operator. [2013] iehc 73 dismissed negligence brought on behalf of young child who bumblebees, children’s centr

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Courts Service · 2013-02-04 · courts

High Court temporarily bars shareholders from bringing director disqualification applications

high court temporarily bars shareholders from bringing director disqualification applications the found a strong preliminary case that notices issued under company law did not identify grounds for proposed applications. it made an interlocutory order pending trial, without deciding whether would amo

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Courts Service · 2013-02-04 · courts

High Court grants NALM €10.17m summary judgment in property loan case

high court grants nalm €10.17m summary judgment in property loan case the rejected borrower’s proposed contractual and statutory defences at stage ordered judgment, with a conditional stay if an appeal was entered time. [2013] iehc 32 court, commercial has for national asset management limited (nalm

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Courts Service · 2013-02-01 · courts

High Court finds Defence Forces could not rely on age cut-off against recruit after Minister failed to set date

high court finds defence forces could not rely on age cut-off against recruit after minister failed to set date [2013] iehc 110 the has found that an under-25 recruitment restriction exclude michael smyth from army traineeship because had never formally fixed which limit was apply. smyth, born june

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Courts Service · 2013-02-01 · courts

High Court refuses EBS bid to dismiss estate’s delayed claim

high court refuses ebs bid to dismiss estate’s delayed claim the found delay in progressing case was inordinate but excusable, and refused proceedings against ebs. [2013] iehc 30 has a by building society brought personal representatives of teresa lambiotte costello over £100,000 said have been entr

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Courts Service · 2013-02-01 · courts

Supreme Court dismisses Smith family’s appeal over deportation order

supreme court dismisses smith family’s appeal over deportation order the upheld refusal to let family bring a judicial review challenge minister’s second revoke against mr. smith. [2013] iesc 6 not stated in source; judgment dated 1 february 2013 has dismissed an by and of leave minister for justice

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Courts Service · 2013-02-01 · courts

High Court rejects doctor’s challenge to Medical Council finding and advice sanction

high court rejects doctor’s challenge to medical council finding and advice sanction the refused all relief sought by a doctor challenging lack of an appeal from poor professional performance advice. [2012] iehc 38 has its decision advise him about his conduct. case was judicial review constitutiona

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Courts Service · 2013-02-01 · courts

High Court awards Karen Hurley Ahern €100,000 over failed sterilisation

high court awards karen hurley ahern €100,000 over failed sterilisation the found dr victor moore negligent after concluding that he probably to place clips on her fallopian tubes. it rejected husband’s damages claim and left travel expenses earnings losses unresolved. [2013] iehc 72 awarded in gene

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Courts Service · 2013-02-01 · courts

High Court rejects taxpayer’s challenge over Revenue disclosure decision

high court rejects taxpayer’s challenge over revenue disclosure decision the found was not required to give a taxpayer an opportunity make prompted qualifying after investigation into his tax affairs had begun. [2013] iehc 651 rejected gerard gaffney’s judicial review commissioners’ refusal let him

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Courts Service · 2013-02-01 · courts

High Court rules Arklow sewage works permission lasts 10 years

high court rules arklow sewage works permission lasts 10 years the resolved a preliminary issue in town council’s injunction proceedings, finding that 2005 planning remained force. it did not decide application. [2013] iehc 37 has ruled for treatment and related infrastructure at seabank, arklow, wa

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