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Courts Service · 2013-04-30 · courts

BUPA companies ordered to pay 75% of respondents’ costs in damages dispute

bupa companies ordered to pay 75% of respondents’ costs in damages dispute the high court declined award after its claim failed, but reduced recoverable reflect an issue they lost. [2013] iehc 177 has ireland limited and insurance for stage a over linked 2003 scheme. ruling delivered on 30 april 201

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Courts Service · 2013-04-30 · courts

High Court refuses leave to challenge refusal to revoke deportation order

high court refuses leave to challenge refusal revoke deportation order the found second application relied on matters that had already been considered or could have raised earlier, and identified no arguable basis for judicial review. [2013] iehc 246 has refused an seek review of minister justice eq

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Courts Service · 2013-04-29 · courts

Supreme Court rejects Marie Fleming challenge to assisted suicide law

supreme court rejects marie fleming challenge to assisted suicide law the has dismissed fleming’s ireland’s prohibition on assisting another person commit suicide. fleming, who was 59 and living with advanced multiple sclerosis, sought have section 2(2) of criminal (suicide) act 1993 declared uncons

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Courts Service · 2013-04-29 · courts

High Court dismisses appeal over solicitor misconduct complaints

high court dismisses appeal over solicitor misconduct complaints the found appellant had not shown grounds to overturn solicitors disciplinary tribunal’s decisions or have it examine further complaints. [2013] iehc 196 dismissed oliver sheerin’s against by tribunal on about william murphy. said shee

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Courts Service · 2013-04-29 · courts

High Court rules Valuation Tribunal exceeded its powers by delaying appeals beyond six months

high court rules valuation tribunal exceeded its powers by delaying appeals beyond six months the declared that acted ultra vires when it adjourned two to await another case. refused quash adjournment or order heard because a resumption date had since been set. [2013] iehc 180 celtic roads group (po

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Courts Service · 2013-04-29 · courts

High Court refers Dunphy mortgage possession appeal to Supreme Court

high court refers dunphy mortgage possession appeal to supreme the adjourned its judgment after framing three questions for court, including whether a lender retained right statutory repeal. [2013] iehc 235 has referred legal in irish life and permanent plc’s against an order of mortgaged property b

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Courts Service · 2013-04-26 · courts

High Court dismisses late challenge to shotfirer certification process

high court dismisses late challenge to shotfirer certification process a self-employed shotfirer’s judicial review was dismissed because it brought outside the permitted time. also found he lacked standing seek reliefs, but made no finding on underlying challenge. [2013] iehc 181 of other shotfirers

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Courts Service · 2013-04-26 · courts

High Court grants bank summary judgment against two guarantors

high court grants bank summary judgment against two guarantors the found defendants had not raised an arguable defence to a €300,000 guarantee for loan totty barry taverns limited. separate first defendant already been entered in default of appearance. [2013] iehc 190 granted danske a.s., trading as

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Courts Service · 2013-04-26 · courts

High Court upholds Ombudsman’s findings in EBS mortgage complaint

high court upholds ombudsman’s findings in ebs mortgage complaint the found no serious or significant error decision, including his conclusion that had failed to provide proper service from september 2008 april 2010 and €2,500 compensation award. [2013] iehc 182 has upheld financial services a about

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Courts Service · 2013-04-25 · courts

High Court dismisses asylum judicial review bid over applicant’s lack of candour

high court dismisses asylum judicial review bid over applicant’s lack of candour the refused leave to challenge a refugee appeals tribunal decision after finding that false information about history and time in nepal materially affected case. [2013] iehc 247 dismissed a.g.’s application for bring re

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Courts Service · 2013-04-24 · courts

High Court proposed voiding company’s dissolution, pending minister’s no-objection letter

high court proposed voiding company’s dissolution, pending minister’s no-objection letter aig europe sought to revive command financial services limited’s legal status pursue a costs award. the declaring dissolution void but did not order company restored register. [2013] iehc 364 of limited void, s

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Courts Service · 2013-04-24 · courts

Bus operator 70% liable after driver failed to spot boys near Bray road

bus operator 70% liable after driver failed to spot boys near bray road the high court found negligent in a liability hearing over 2009 collision, while assigning 30% of fault injured boy. judgment did not assess damages. [2013] iehc 184 dublin and its for collision that left 12-year-old boy serious

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Courts Service · 2013-04-24 · courts

High Court refuses solicitors’ bid to remove them from property dispute

high court refuses solicitors’ bid to remove them from property dispute the allowed a third-party claim for contribution or indemnity remain in proceedings concerning public house and dwelling baltinglass, while making no finding on underlying claims. [2013] iehc 232 has refused an application by le

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Courts Service · 2013-04-23 · courts

High Court refuses to halt deportation pending challenge to refusal to revoke order

high court refuses to halt deportation pending challenge refusal revoke order the granted leave minister’s but refused both an interim injunction and a stay appeal application. [2013] iehc 186 of mohammad khan while he pursues judicial review minister for justice’s his order. it also after being tol

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Courts Service · 2013-04-23 · courts

District Court makes care order for child until 18 after finding care threshold met

district court makes care order for child until 18 after finding threshold met the found child’s welfare had been harmed by his mother’s mental illness and inconsistent treatment. it ordered a full review in months set directions concerning access support. [2013] iedc 10 an chúirt dúiche / made 10-y

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Courts Service · 2013-04-23 · courts

High Court quashes council decisions to withhold and dispose of farmer’s horses

high court quashes council decisions to withhold and dispose of farmer’s horses the held south dublin county acted beyond its powers by withholding over unpaid fees later disposing them. it quashed both ordered damages be assessed. [2013] iehc 185 has a impound them, finding powers. also an assessme

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Courts Service · 2013-04-23 · courts

High Court adjourns bank’s €2.8m claim pending French jurisdiction ruling

high court adjourns bank’s €2.8m claim pending french jurisdiction ruling the temporarily adjourned irish nationwide’s successor’s against niall and valerie higgins while a considers its over their consumer-law case. no judgment on debt was made at this stage. [2013] iehc 178 bank resolution corpora

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Courts Service · 2013-04-22 · courts

High Court replaces Simply Read liquidator and orders creditors’ meeting

high court replaces simply read liquidator and orders creditors’ meeting the appointed timothy regan in place of ronan parker, but did not order a compulsory winding-up or direct conversion sought by applicant. [2013] iehc 193 new for limited said he must call under company law after appointment is

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Courts Service · 2013-04-19 · courts

High Court grants leave to challenge protection refusal and deportation order on limited grounds

high court grants leave to challenge protection refusal and deportation order on limited grounds the refused an extension refugee appeal decision but allowed judicial review proceed claims that prison conditions were not considered in decisions. [2013] iehc 244 has granted j.a. seek of subsidiary a

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Courts Service · 2013-04-19 · courts

Court strikes out McKevitt application to reopen convictions over search warrant ruling

court strikes out mckevitt application to reopen convictions over search warrant ruling the of criminal appeal ruled that a later decision on constitutionality warrants could not support his long-finalised under statutory route he relied on. has struck michael mckevitt’s convictions, case was unstat

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Courts Service · 2013-04-19 · courts

High Court grants sisters leave to challenge asylum decisions over gender violence claim

high court grants sisters leave to challenge asylum decisions over gender violence claim the found substantial grounds seek judicial review, saying tribunal did not appear give a clear, reasoned response about gender-based in democratic republic of congo. [2013] iehc 165 granted two review rejecting

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Courts Service · 2013-04-19 · courts

High Court sets aside late joinder of doctor in medical negligence case

high court sets aside late joinder of doctor in medical negligence case the ruled that, after more than 11 years, could not fairly defend allegations on available records. it did decide whether claim was statute-barred or determine underlying allegations. [2013] iehc 191 set an order joining consult

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Courts Service · 2013-04-19 · courts

Court strikes out two motions in Cauneze case, limiting any further application to four issues

court strikes out two motions in cauneze case, limiting any further application to four issues the of criminal appeal granted director public prosecutions’ applications strike filed on 14 march 2012, finding they went beyond had allowed be pursued. struck by philippe after sought relief limited perm

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Courts Service · 2013-04-19 · courts

Court rejects Perry Wharrie’s appeal against cocaine importation convictions

court rejects perry wharrie’s appeal against cocaine importation convictions the of criminal dismissed challenges to trial process and evidence. it had yet address sentence in this judgment. rejected his for possession cocaine, sale or supply, supply drugs valued above €13,000. said would next consi

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Courts Service · 2013-04-19 · courts

High Court refuses NAMA’s request to pause consideration of information request

high court refuses nama’s request to pause consideration of information nama must begin processing gavin sheridan’s 2010 environmental while it pursues an appeal. the ruling does not require agency disclose requested material. [2013] iehc 166 has refused national asset management agency’s applicatio

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Courts Service · 2013-04-19 · courts

High Court dismisses long-delayed rock-breaker claim against ACC Bank

high court dismisses long-delayed rock-breaker claim against acc bank mr justice ryan ruled that the plaintiff’s delay was inordinate and inexcusable faced significant prejudice because machine could no longer be inspected. [2013] iehc 161 court, commercial dismissed patrick barrett’s plc over a roc

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Courts Service · 2013-04-18 · courts

High Court appoints examiner to Foley’s operator and its holding company

high court appoints examiner to foley’s operator and its holding company the appointed an belohn merrow, directing a three-week report on operator’s cash records staff payments. it made no finding disputed accounting concerns. [2013] iehc 151 ltd., which operates bar restaurant in dublin, company, m

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Courts Service · 2013-04-18 · courts

High Court quashes Cameroon refugee refusal and orders fresh Tribunal review

high court quashes cameroon refugee refusal and orders fresh tribunal review the found errors in tribunal’s credibility assessment, its treatment of country information handling an sdf membership card. it remitted application for reconsideration by a different member. [2013] iehc 167 has quashed 200

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Courts Service · 2013-04-18 · courts

High Court rejects residence challenge but says deserted spouses may need time to seek divorce

high court rejects residence challenge but says deserted spouses may need time to seek divorce the dismissed a moroccan national’s judicial review of revocation his irish permission, finding that he had taken no steps begin proceedings before decision. it said other be entitled reasonable period do

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Courts Service · 2013-04-18 · courts

High Court rejects challenge to second drug test certificate in driving case

high court rejects challenge to second drug test certificate in driving case the refused judicial review of a circuit conviction, ruling that later recording cocaine could be admitted despite an earlier nil alcohol. [2013] iehc 174 has bid overturn conviction for under influence intoxicant, from med

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Courts Service · 2013-04-17 · courts

High Court refuses interim order for school placement for teenager

high court refuses interim order for school placement teenager the found home tuition inadequate to replace social education with peers, but said exceptional threshold a mandatory interlocutory injunction was not met. [2013] iehc 175 refused an application directing state respondents provide teenage

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Courts Service · 2013-04-17 · courts

High Court finds personal guarantee binding in €293,841 debt claim

high court finds personal guarantee binding in €293,841 debt claim the rejected a defendant’s that building materials supplier had assured him his would not be enforced, and gave judgment for supplier. [2013] iehc 197 has given tennants products limited €293,841, finding signed by dennis o’connell c

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Courts Service · 2013-04-17 · courts

High Court rejects proposed defences in EBS loan case and allows summary judgment

high court rejects proposed defences in ebs loan case and allows summary judgment the found first defendant’s alleged repayment standstill agreement unsupported second undue influence defence unevidenced. it allowed ebs’s claim against both defendants to proceed judgment. [2013] iehc 154 has rejecte

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Courts Service · 2013-04-17 · courts

High Court refuses asylum applicants’ judicial review challenges over Czech Republic claims

high court refuses asylum applicants’ judicial review challenges over czech republic claims the found no stateable basis to challenge refusal process applications and declined extend time for late challenges. [2013] iehc 248 has refused two requests decisions that prevented their irish from being pr

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Courts Service · 2013-04-16 · courts

High Court refuses challenge to criminal damage conviction and case-stated refusal

high court refuses challenge to criminal damage conviction and case-stated refusal the rejected applicant’s grounds refused an order requiring district judge state a case for appeal. [2013] iehc 444 has application challenging judge’s in judgment delivered on 16 april 2013, mr justice hedigan each g

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Courts Service · 2013-04-16 · courts

High Court rejects Carmel Patterson’s claim to half of pledged investment portfolio

high court rejects carmel patterson’s claim to half of pledged investment portfolio the held that spouses’ discussions did not prevent william patterson from pledging aib, whose proceeds succeeded. [2013] iehc 155 has rejected an by her husband, patterson, allied irish banks (aib). concluded between

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Courts Service · 2013-04-15 · courts

High Court grants retrospective leave for personal injury proceedings against company in liquidation

high court grants retrospective leave for personal injury proceedings against company in liquidation the ruled it had power to allow already begun mjbch ltd after its winding-up order, then granted this case. [2013] iehc 256 has mary murphy pursue ltd, which was court-ordered when she began a judgme

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Courts Service · 2013-04-15 · courts

High Court says widow did not establish Irish will survived deceased’s marriage

high court says widow did not establish irish will survived deceased’s marriage the made no definitive ruling on whether was revoked, finding only that applicant had established it remained effective for kinsale apartment. [2013] iehc 156 has found kathleen grady mclaughlin her late husband’s his ap

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Courts Service · 2013-04-12 · courts

High Court sends Barry’s request for Tribunal costs rehearing back for reconsideration

high court sends barry’s request for tribunal costs rehearing back reconsideration the refused to reopen 2004 ruling because of delay, but quashed chairman’s 2011 refusal reconsider it. it did not decide whether barry is entitled or a rehearing. [2013] iehc 171 has decision by planning chairman refu

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Courts Service · 2013-04-12 · courts

High Court dismisses injury claim after finding plaintiff gave knowingly false evidence

high court dismisses injury claim after finding plaintiff gave knowingly false evidence the found that terence treacy was driving car and plaintiff’s account implicating darren unsworth false. it dismissed personal under section 26 of civil liability courts act 2004. [2013] iehc 153 lisa ludlow’s sh

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Courts Service · 2013-04-12 · courts

High Court says legal aid eligibility cannot bar parent from seeking costs in child-care case

high court says legal aid eligibility cannot bar parent from seeking costs in child-care case a consultative stated concerned mother’s after care proceedings. the held district had jurisdiction to award and answered both questions about negative. [2013] iehc 172 ruled that parent’s possible for civi

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Courts Service · 2013-04-12 · courts

High Court refuses Garda Kelly’s challenge to dismissal after disciplinary appeal was rejected

high court refuses garda kelly’s challenge to dismissal after disciplinary appeal was rejected the held that inquiry’s findings and board’s refusal consider were lawful, refused all relief sought in judicial review. [2013] iehc 158 has john application for review of his from an síochána, board recom

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Courts Service · 2013-04-12 · courts

High Court quashes asylum appeal decision over treatment of Syria evidence

high court quashes asylum appeal decision over treatment of syria evidence the found refugee appeals tribunal’s credibility assessment unreasonable in a syrian man’s case and sent matter back for fresh determination by different member. [2013] iehc 277 quashed tribunal rejecting status, finding that

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Courts Service · 2013-04-12 · courts

High Court refuses continued examinership protection for Muckross Park Hotel companies

high court refuses continued examinership protection for muckross park hotel companies the declined companies’ application to continue interim examiner’s appointment, finding that they had no legal interest in hotel’s new wing capable of binding acc bank. [2013] iehc 188 court, commercial refused an

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Courts Service · 2013-04-12 · courts

High Court quashes refugee decision over failure to consider past persecution

high court quashes refugee decision over failure to consider past persecution the ruled that appeals tribunal had whether applicant’s accepted could itself provide compelling reasons for protection. it remitted matter without deciding he faced a future risk in togo. [2013] iehc 169 has on togolese m

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Courts Service · 2013-04-11 · courts

High Court says valuation appeals must consider both methods and comparable properties

high court says valuation appeals must consider both methods and comparable properties in a case stated concerning six fingal property valuations, the held that commissioner tribunal grounds section 31, including values. it declined to answer whether had erred. [2013] iehc 170 has ruled of values wh

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Courts Service · 2013-04-11 · courts

High Court refuses to quash Garda clerical officer’s dismissal

high court refuses to quash garda clerical officer’s dismissal the held that commissioner could depart from a disciplinary appeal board’s recommended sanctions and refused request for certiorari. [2013] iehc 141 has of officer employed in an síochána, finding acted within his authority gave clear re

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Courts Service · 2013-04-11 · courts

Dublin City Council awarded costs in Priory Hall fire-safety case

dublin city council awarded costs in priory hall fire-safety case the high court its through 4 november 2011, but made no order for a later contempt hearing whose orders were set aside on appeal. [2013] iehc 142 has of proceedings 2011. favour either side separate 17 ruling concerns brought under se

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Courts Service · 2013-04-11 · courts

High Court sets aside receiver appointment over Waterside rents

high court sets aside receiver appointment over waterside rents the allowed an appeal against order appointing a to collect from five apartments toward existing circuit judgment debt. [2013] iehc 143 set satisfy debt owed management company limited. president kearns ruled on 11 april 2013 that case

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Courts Service · 2013-04-11 · courts

High Court allows safety authority to investigate fatal crash at unfinished Rathmore roadworks

high court allows safety authority to investigate fatal crash at unfinished rathmore roadworks the refused kerry county council’s judicial review application, finding road remained a place of work while construction was temporarily paused for weekend. [2013] iehc 140 has bid prevent health and from

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Courts Service · 2013-04-09 · courts

High Court sets aside Merrow’s interim court protection over undisclosed email

high court sets aside merrow’s interim protection over undisclosed email the judge found email’s omission was a bona fide oversight but materially affected decision to grant protection. belohn’s examiner appointment remained in place, without deciding whether full examinership would follow. [2013] i

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Courts Service · 2013-04-09 · courts

High Court grants leave to challenge Congo asylum refusal on credibility grounds

high court grants leave to challenge congo asylum refusal on credibility grounds the extended time for proceedings and allowed a judicial review proceed limited issue about how refugee appeals tribunal assessed applicant’s account. it did not decide whether she should receive status. [2013] iehc 168

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Courts Service · 2013-04-09 · courts

High Court orders discovery in land sale dispute, defers application against Nolan Transport

high court orders discovery in land sale dispute, defers application against nolan transport the ordered 14 defendants to provide documents three categories linked a disputed €8.1 million sale, while adjourning plaintiffs’ non-party. [2013] iehc 160 has of dispute over contract sell about 18 acres d

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Courts Service · 2013-04-09 · courts

High Court rules son could not pursue health repayment application on his mother’s behalf

high court rules son could not pursue health repayment application on his mother’s behalf the decided preliminary questions about son’s eligibility to appeal under (repayment scheme) act 2006. it did decide underlying claim. [2013] iehc 344 ruled that paul maher was entitled a scheme of mother, ann

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Courts Service · 2013-04-09 · courts

High Court orders Clonakilty man’s extradition to Norway over alleged 5kg methamphetamine import

high court orders clonakilty man’s extradition to norway over alleged 5kg methamphetamine import [2013] iehc 229 the has ordered from ireland of renaldas pocevicius an allegation that he was involved in importing approximately five kilograms lithuania. mr pocevicius, a lithuanian national living wit

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Courts Service · 2013-04-02 · courts

High Court quashes refugee tribunal decision over unclear credibility assessment

high court quashes refugee tribunal decision over unclear credibility assessment the found had not clearly decided whether a ghanaian applicant was persecuted by his father and given no adequate of internal relocation. it quashed ordered rehearing. [2013] iehc 187 has appeals rejecting man’s asylum

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