Courts Service · 2013-05-31 · courts
high court rules 48-hour guarantee notice period began with creditor’s email the found that padraic tuffy ltd received of a creditors’ meeting when it an on 30 april 2013, making its to two guarantors late. [2013] iehc 231 ruled deadline for creditor notify about in examinership, rather than posted
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Courts Service · 2013-05-31 · courts
high court rejects challenge to witness-intimidation law the refused declarations that section 41 of criminal justice act 1999 breached constitutional fair-trial protections or article 6 european convention on human rights. [2013] iehc 357 has rejected a constitutionality and compatibility witness i
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Courts Service · 2013-05-31 · courts
high court lets mortgage securitisation claims proceed, strikes out most others a 2013 ruling allowed about loan and central bank codes to continue, while dismissing several other grounds in dispute over receivership property sales. [2013] iehc 371 the anthony miriam freeman continue concerning of t
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Courts Service · 2013-05-31 · courts
high court refuses leave to challenge decision not adjourn dundon murder trial the found no arguable case for judicial review, while stressing that special criminal remained responsible ensuring a fair trial. [2013] iehc 241 refused john seek review of court’s his shane geoghegan. in judgment delive
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Courts Service · 2013-05-31 · courts
high court allows damages claim over adoption process to proceed the refused defendants’ applications stop action or require additional parties be joined, while leaving all issues for trial open. [2013] iehc 425 has allowed a woman’s of her child in 1970s proceed, ruling that she did not have challe
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Courts Service · 2013-05-31 · courts
high court awards €400,000 over delayed cromane mussel-seed fishing openings the found state negligent in managing fishery and awarded damages to two companies for losses linked closures 2008 late reopening 2010. [2013] iehc 338 a total of mussel businesses after finding its handling at castlemaine
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Courts Service · 2013-05-31 · courts
high court sets security for costs at €339,571 first active appeals justice gilligan allowed and ray jackson’s against the master’s assessment, setting €339,571.07 bank €124,500 jackson, with of this appeal payable to defendants but stayed until conclusion appeals. [2013] iehc 370 ireland has set pl
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Courts Service · 2013-05-31 · courts
high court dismisses late hepatitis c compensation claim appeal the found that appellant’s health problems did not cause his lack of awareness scheme and refused to extend filing time. [2013] iehc 336 has dismissed p.b.’s seeking more time apply tribunal. mental physical failure learn about before s
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Courts Service · 2013-05-31 · courts
high court refuses lithuanian surrender request over lack of decision to try woman the found that although lithuania intended charge respondent, evidence did not establish a had been made her for alleged fraud offence. [2013] iehc 290 refused under european arrest warrant, finding mr justice edwards
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Courts Service · 2013-05-31 · courts
high court strikes engineer from building defects case as claim was statute barred the held that against manifestly out of time and ordered relief removing him proceedings. [2013] iehc 263 an removed a defendant homeowner’s case, holding clearly barred. mr justice birmingham delivered judgment on 31
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Courts Service · 2013-05-30 · courts
high court rules sikh applicant’s garda reserve complaint falls outside employment equality law [2013] iehc 267 the has ruled that a man’s discrimination over uniform policy could not be pursued through acts because membership is voluntary rather than employment. ravinder singh oberoi had applied to
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Courts Service · 2013-05-30 · courts
high court allows roscommon family to challenge deportation orders over impact on children [2013] iehc 237 court, judicial review the has allowed a brazilian living in town orders, finding arguable grounds that family’s was not properly assessed. odenis rodrigues dos santos came ireland september 20
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Courts Service · 2013-05-29 · courts
district court makes care orders for two children until they turn 18 after a two-day hearing, the found statutory threshold met, approved plans and directed review in 2014. [2013] iedc 14 an chúirt dúiche (district court) made child 5 6 each reaches 18, finding under section of act 1991 met. it also
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Courts Service · 2013-05-29 · courts
high court refers illness benefit dispute to eu a dundalk resident challenged the decision transfer her claim northern ireland after she became ill following employment there. stayed judicial review and referred two questions of justice. [2013] iehc 260 has brought by lisa kelly over which country’s
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Courts Service · 2013-05-29 · courts
high court rules mandatory print-services circular incompatible with eu procurement law the rejected suppliers’ challenge to framework award itself, but declared 2012 invalid insofar as it made use of that across public sector. [2013] iehc 230 a government required bodies managed print services fram
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Courts Service · 2013-05-29 · courts
high court rules minister unlawfully ended vec chief executives’ transport allowance the rejected challenges to planned education board structure and ceo redeployment, but held that only local vocational committees could decide terminate allowance. [2013] iehc 226 ruled for skills acted when he liai
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Courts Service · 2013-05-29 · courts
high court seeks england and wales jurisdiction in child care case the found that was better placed to hear proceedings concerning j.a. transfer would serve child’s best interests. it began process of requesting jurisdiction, subject other courts’ response. [2013] iehc 239 has begun asking courts as
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Courts Service · 2013-05-28 · courts
district court orders limited access to child 2 records for 1’s guardian the directed hse let ad litem inspect material about protection or welfare concerns involving and mother, subject redaction other limits. [2013] iedc 13 an chúirt dúiche (district court) ordered health service executive (hse) g
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Courts Service · 2013-05-22 · courts
district court grants care order for teenager until age 18 the found mother could not provide adequate or protection at time, while directing regular contact and setting further oversight of child’s care. [2013] iedc 12 an chúirt dúiche / court; name redacted in source granted health service executi
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Courts Service · 2013-05-21 · courts
high court refuses leave to challenge f.o.’s deportation order the found no substantial grounds on information available when it was made, and refused an extension of time injunction. [2013] iehc 236 f.o. seek judicial review a order, rejecting her argument that minister for justice should have cons
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Courts Service · 2013-05-17 · courts
high court grants divorce and orders €400 weekly maintenance the also ordered a €23,800 lump sum for arrears after finding respondent was not entitled to reduce during proceedings. [2013] iehc 633 granted decree of pay applicant week in maintenance, along with arrears. begin on 17 may 2013 subject c
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Courts Service · 2013-05-16 · courts
high court directs preliminary hearing on negligence duty in garda investigation claims the ordered an early whether gardaí owed a of care investigating plaintiffs’ complaints, with pleaded facts to be accepted for that issue. it did not decide any existed. [2013] iehc 209 has directed members síoch
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Courts Service · 2013-05-16 · courts
high court rules rent review protection did not alter tanat–medical council lease agreement the held that a pre-2010 conditional fell within an exception to ban on upward-only reviews. it also ruled initial under 20-year was €820,000 year. [2013] iehc 223 court, commercial between tanat limited and
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Courts Service · 2013-05-16 · courts
high court refuses interim protection from deportation pending supreme appeal the found no substantial grounds to challenge order and declined halt its execution while an concerning subsidiary remained pending. [2013] iehc 240 refused application stop of anonymised bangladeshi man his over a separat
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Courts Service · 2013-05-16 · courts
high court orders limited disclosure of garda records in wrongful-death action the ruled on a plaintiff’s motion to inspect three documents withheld public interest privilege grounds, requiring with specified redactions. [2013] iehc 238 has ordered brought by grainne nic gibb, ruling that an operati
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Courts Service · 2013-05-16 · courts
high court dismisses ge capital possession proceedings over demand letters the declined to revisit a recent ruling that lender’s standard did not make full mortgage debt repayable as required before could begin. [2013] iehc 540 dismissed group of brought by woodchester homeloans limited, finding it
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Courts Service · 2013-05-16 · courts
high court dismisses postmaster’s challenge to an post dismissal process the found that tom kelleher received fair procedures before his contract was terminated, but judgment did not decide a separate amount sought recover. [2013] iehc 328 dismissed kelleher’s followed terminating as postmaster in n
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Courts Service · 2013-05-16 · courts
high court refuses release bid by man held under immigration law the found man’s detention lawful after rejecting six challenges to his arrest, transfer and continued custody pending removal from ireland. [2013] iehc 218 of ireland has refused order an albanian national detained at cloverhill prison
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Courts Service · 2013-05-16 · courts
supreme court refuses interim order to keep skoczylas on bank holding company board the declined restrain a shareholder vote ahead of company’s agm, while leaving petitioners’ companies act claims for later hearing. [2013] iesc 25 has refused an application piotr permanent tsb group holdings plc pen
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Courts Service · 2013-05-16 · courts
high court finds continued detention lawful despite unlawful removal attempt the ruled that defective order and temporary-release process were unlawful, but valid district warrants still required applicant to serve remaining sentences. [2013] iehc 528 refused an application release robert grackovs a
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Courts Service · 2013-05-16 · courts
high court refuses challenge to decision sending galway assault case forward the found district judge had not accepted applicant’s guilty plea or decided could be dealt with summarily before hearing evidence in a co-accused’s trial. [2013] iehc 210 has refused an application by shane sweeney judge’s
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Courts Service · 2013-05-16 · courts
high court finds mauritius man’s arrest and detention over false address lawful the article 40 inquiry ended without a release order after rejected challenges to detention. applicant had been released during hearing on condition that he report daily gardaí. [2013] iehc 217 has found of national faci
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Courts Service · 2013-05-16 · courts
high court stays trial for 12 months over pre-trial publicity the refused to prohibit prosecution, but ordered a 12-month stay on trial, citing risk of an unfair hearing if it proceeded immediately. [2013] iehc 222 {'name': 'the court', 'jurisdiction': none} has permanently criminal breifne o’brien,
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Courts Service · 2013-05-16 · courts
high court finds harley medical group’s main interests were in ireland the held it had jurisdiction to open insolvency proceedings and said would make a winding-up order after company amended its petition verified changes. [2013] iehc 219 found that centre of group (ireland) limited was ireland, giv
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Courts Service · 2013-05-16 · courts
high court declines to seek more information on latvian conviction the gave detailed reasons for its 7 may 2013 ruling that it would not request additional records under european arrest warrant act. did decide respondent’s separate objection surrender. [2013] iehc 215 has declined ask authorities fu
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Courts Service · 2013-05-15 · courts
high court dismisses intel employee’s personal injury proceedings over overlapping equality claim the found arose from same alleged workplace mistreatment as an ongoing labour appeal, and said compensation could be sought there. [2013] iehc 207 dismissed brought by former ireland senior manager mari
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Courts Service · 2013-05-15 · courts
supreme court says high must order surrender in polish warrant case the held that proportionality can be assessed where engages constitutional or convention rights, but rejected a free-standing test and ruled out considering likely sentence execution costs. has ireland’s of jaroslaw ostrowski to pol
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Courts Service · 2013-05-15 · courts
supreme court judge questions cost of surrender process over 0.72g marijuana in a separate judgment agreeing with the chief justice, mr justice macmenamin said ireland’s legal framework required execution european arrest warrants, while raising concerns about proportionality minor cases. has questio
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Courts Service · 2013-05-15 · courts
high court quashes ruling that sligo tractor shed was not exempt from planning permission the said an bord pleanála identified a traffic hazard at farm access but did establish constructing would endanger public safety. matter remitted to board for reconsideration. [2013] iehc 234 has quashed pleaná
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Courts Service · 2013-05-15 · courts
supreme court allows appeal over surrender to poland under european arrest warrant the held that irish courts cannot apply a general proportionality test meets statutory requirements, and ordered jaroslaw ostrowski may be surrendered. allowed minister for justice equality’s surrendered warrant. judg
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Courts Service · 2013-05-14 · courts
supreme court gave three months to address authority for two companies’ appeals the ordered by amantiss enterprises and wilbury struck out, with a three-month stay allow steps that could permit them proceed lawfully. brought in names of companies liquidation but stayed order time might enable judgme
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Courts Service · 2013-05-14 · courts
high court rules bank could demand repayment from property borrower the decided two preliminary issues in a €36.8 million debt claim, leaving full claim and borrower’s counterclaim for later determination. [2013] iehc 208 ruled that irish resolution corporation businessman john morrissey january 201
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Courts Service · 2013-05-14 · courts
high court excludes default interest from guarantee claim and stays execution pending appeal in a supplemental judgment, the rejected contractual rate that plaintiff had not assented to, awarded defendant 70% of its costs stayed while pursues an appeal. [2013] iehc 213 court, commercial has ruled fr
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Courts Service · 2013-05-14 · courts
supreme court gives creditors limited time to seek revive appeal by companies in liquidation the did not decide whether appeals were authorised or permit them proceed. it allowed a short opportunity high orders that could regularise them, while preserving liquidator’s position. has given of two ask
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Courts Service · 2013-05-14 · courts
supreme court justice flags potential costs and delays in competition claim litigation brief observations accompanying a judgment order proposed by the chief justice, john macmenamin said high would need to resolve whether appeals had liquidator’s consent. appeal no: 445/2012 court; also referenced
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Courts Service · 2013-05-10 · courts
high court awards landlord €199,435.60 in dispute with former pub guarantors the rejected guarantors’ argument that lease had ended 2010, but said evidence did not allow it to assess landlord’s later claimed losses. awarded damages for a limited period and dismissed rest of claim. [2013] iehc 224 ki
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Courts Service · 2013-05-10 · courts
high court allows mussel company to amend judicial review motion the amendment lets dunmanus bay mussels apply for leave on notice after an earlier ex parte application failed meet statutory requirements. did not decide whether should be granted or address underlying licensing dispute. [2013] iehc 2
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Courts Service · 2013-05-10 · courts
high court refuses surrender under two polish warrants, allows third the rejected warrants and was disposed to order a third, for single robbery offence stated 16-month sentence balance, subject any further custody credit. [2013] iehc 254 refused daniel makuch poland european arrest but his an outst
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Courts Service · 2013-05-10 · courts
high court refuses leave to challenge nigerian woman’s refugee-status refusal the found no legal fault in tribunal’s assessment of state protection or its conclusion that applicant’s claim lacked a convention nexus. [2013] iehc 258 has refused an applicant seek judicial review refugee appeals tribun
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Courts Service · 2013-05-10 · courts
high court dismisses petition to wind up connemara mining the found petitioner had standing bring case, but not proved company could pay its debts or that winding it was just and equitable. [2013] iehc 225 has dismissed a plc, finding established either as they fell due would be in judgment delivere
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Courts Service · 2013-05-09 · courts
high court adjourns solicitor’s bid to strike out delayed negligence case the found delay in proceedings inordinate and inexcusable but left alive, subject steps move it promptly towards a hearing. [2013] iehc 391 has adjourned application professional over delay, giving plaintiff two months advance
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Courts Service · 2013-05-09 · courts
supreme court strikes down 1946 law allowing employment agreements to bind entire sectors the has struck part iii of industrial relations act 1946, ruling that it gave private parties an unconstitutional power make rules binding across industries. case arose from a registered agreement governing ele
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Courts Service · 2013-05-09 · courts
high court strikes out challenge to deportation order brought outside judicial review procedure the held that woman’s plenary proceedings sought, in substance, question order’s validity. it struck those proceedings; did not decide pending request revoke or grant requested injunction. [2013] iehc 206
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Courts Service · 2013-05-09 · courts
supreme court affirms dismissal of lease alteration claim as abuse process john mulrooney’s appeal failed because the held that his earlier settlement barred him from bringing same allegation again. it did not decide whether had been altered. ireland has affirmed proceedings against three defendants
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Courts Service · 2013-05-09 · courts
supreme court orders revenue discovery in rté defamation case over prime time drugs report the has upheld an order requiring commissioners to identify documents relevant rté's defence of a action arising from 2001 programme about drug trafficking. edward keating sued after 19 july broadcast. he alle
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Courts Service · 2013-05-09 · courts
high court refuses leave to challenge refusal of pakistani ahmadi’s asylum appeal the found no substantial grounds allow judicial review refugee appeals tribunal’s decision, while noting that later protection proceedings could consider worsening conditions in pakistan. [2013] iehc 243 refused an app
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Courts Service · 2013-05-09 · courts
high court dismisses €1.75m loan and guarantee claims against lavelles the found charlotte lavelle had established that agreement was not her deed. it also said peter lavelle’s lacked consideration if underlying entered into by her. [2013] iehc 201 dismissed two friends first finance limited over a
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Courts Service · 2013-05-07 · courts
high court quashes €17,500 costs award against accountant the upheld appeal tribunal’s decision that it could not hear an over preliminary rulings in a disciplinary case, but ruled had no jurisdiction to where valid existed. [2013] iehc 220 has quashed chartered alan hynes, ruling professional body’
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Courts Service · 2013-05-07 · courts
district court makes one-year care order for child 8, rejects current plan the found statutory threshold a was met, but directed hse to return with an amended and kept guardian ad litem in place. [2013] iedc 11 chúirt dúiche (the court) made 15-year-old, after finding that she had been emotionally,
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Courts Service · 2013-05-07 · courts
high court refuses bid to stop sale of merrion hall the dismissed crossplan investments and pat halpin’s application for an interlocutory injunction, leaving receiver free that restraint while a separate challenge his appointment was due be heard. [2013] iehc 205 has refused by limited halpin from s
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Courts Service · 2013-05-03 · courts
high court refuses to order release of minor detained in drug investigation the held that irish law did not give 17-year-old a right have solicitor present during garda interviews. it found no evidence or submissions established likely unfairness from solicitor’s absence. [2013] iehc 251 has refused
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Courts Service · 2013-05-03 · courts
high court remits havertys’ mortgage complaint for review of family-home consent issue the accepted that 1998 charge covered either spouse’s future borrowing, but sent ombudsman’s decision back to consider whether could be valid without written spousal consent. [2013] iehc 233 has allowed henry and
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Courts Service · 2013-05-03 · courts
high court refuses digital rights ireland bid to join pirate bay blocking case the found proposed amicus curiae was not neutral and would add a perspective unavailable from parties. underlying application remained before court. [2013] iehc 204 court, commercial has refused limited’s take part as in
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Courts Service · 2013-05-03 · courts
high court refuses challenge to two men’s extended detention the held that a district judge could rely on oireachtas website as prima facie evidence required resolutions had been passed. [2013] iehc 221 refused applications challenging legality of applicants’ detention, holding was entitled consult
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Courts Service · 2013-05-02 · courts
high court orders possession of percy french hotel after rejecting bid to strike out case the found that a bank’s reliance on mistaken copy restructured loan letter was not dishonest, but amounted gross negligence. it ordered and directed review surcharge interest debits; question stay left for subm
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Courts Service · 2013-05-02 · courts
high court upholds revenue refusal of ryanair’s €770,700 vat claim the ruled that ryanair could not deduct on professional fees for its unsuccessful bid to acquire aer lingus. it also refused airline’s request refer case eu court. [2013] iehc 195 has upheld circuit court’s decision cannot incurred i
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Courts Service · 2013-05-02 · courts
high court orders nephew to repay €900,009 ward after setting aside transfers the found that an elderly woman lacked capacity for complex financial decisions when funds were transferred her nephew, and resulted from undue influence. it also ordered return of machinery vacant possession wexford prope
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Courts Service · 2013-05-02 · courts
high court seeks english and welsh jurisdiction in child care case the said england wales was better placed to hear proceedings about a care, but its judgment records request be made—not completed transfer of jurisdiction. [2013] iehc 297 ireland has decided that courts assume concerning h.j.j., who
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Courts Service · 2013-05-02 · courts
high court rules search warrant did not cover rented garage; overturns delic conviction the answered warrant-validity question against prosecution in two case-stated appeals, but left unresolved admissibility of seized parts petkov’s case. it held fingerprint evidence could support delic’s convictio
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Courts Service · 2013-05-01 · courts
high court rejects positive action challenge to hse funding terms the dismissed advocacy group’s judicial review hse’s requirement that it sign a standard agreement for future grant funding, finding could set conditions under health act 2004. [2013] iehc 279 has rejected by limited service executive
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Courts Service · 2013-05-01 · courts
high court rules district could not award costs in firearms certificate appeal the applicant had won his against refusal of a certificate, but held that lacked jurisdiction to him costs. [2013] iehc 179 ruled no man who successfully appealed certificate. mr justice michael peart delivered judgment o
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