Courts Service · 2013-06-28 · courts
high court rejects negligence claim over nightclub dance-floor fall the found that floor was wet where ciara o’connell lying after her fall, but evidence did not establish a slippery caused accident. [2013] iehc 426 has rejected o’connell’s against breanagh catering limited, trading as copper face j
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Courts Service · 2013-06-28 · courts
high court substitutes permanent tsb for property owner in damage claim the allowed bank to take over proceedings after it acquired damaged and received an assignment of former owner’s right action. [2013] iehc 294 has ordered plc replace tony waldron as plaintiff a negligence action two lorry colli
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Courts Service · 2013-06-28 · courts
high court finds acc proved six deacon loans and orders judgment the accepted evidence from borrowers’ solicitors loan records, rejecting sam deacon’s signature, lending-code mis-selling defences. [2013] iehc 427 court, commercial has found that bank its claim over advanced to ordered against him. i
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Courts Service · 2013-06-28 · courts
high court orders security for costs against webprint in most defendants’ applications the dismissed thomas crosbie printers ltd’s application but ruled that other defendants were entitled to security. it did not decide underlying claims or set amounts be secured. [2013] iehc 359 court, commercial h
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Courts Service · 2013-06-27 · courts
high court rejects mother and daughter’s challenge to refugee refusals the upheld appeals tribunal’s decisions, finding its assessments of credibility, protection relocation lawful. [2013] iehc 305 has rejected a judicial review decisions refusing them status, ruling that were lawful adequately reas
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Courts Service · 2013-06-27 · courts
high court dismisses donall “happy” murray’s defamation claims as bound to fail the held that statements made during proceedings were absolutely privileged and out of time. it refused a separate request require permission for future proceedings. [2013] iehc 303 dismissed against garda sergeant, irel
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Courts Service · 2013-06-27 · courts
supreme court dismisses prison governor’s appeal over expired surrender deadline the held that statutory time to jelena voznuka had before her arrest, and dismissed a related motion introduce fresh evidence. an by governor of dóchas centre after finding period for surrendering latvia she was arreste
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Courts Service · 2013-06-27 · courts
high court refuses leave to challenge refusal of angolan woman’s asylum claim the upheld refugee appeals tribunal’s credibility assessment, concluding that it had considered and rejected applicant’s core claim. [2013] iehc 326 has refused seek judicial review a tribunal decision refusing status an a
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Courts Service · 2013-06-26 · courts
high court refuses damages to louis blehein after unconstitutional mental health law ruling [2013] iehc 319 the has ruled that is not entitled from state successfully having a provision of ireland’s former legislation declared unconstitutional. section 260 treatment act 1945 had required person obta
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Courts Service · 2013-06-26 · courts
high court dismisses appeal over dell redundancy consultations the found no point of law that would justify overturning tribunal’s decision had begun consultation at an appropriate stage. [2013] iehc 622 dismissed by brian tangney and 27 others timing before collective redundancies products in limer
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Courts Service · 2013-06-25 · courts
supreme court dismisses appeals over ex parte costs protection applications the upheld high decisions refusing to make orders without notice epa and teagasc. it did not decide appellants’ underlying environmental challenges. has dismissed by 13 appellants who sought advance from potentially prohibit
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Courts Service · 2013-06-25 · courts
high court quashes refugee tribunal credibility decision and orders reconsideration the found that tribunal’s reasons relied on mistaken facts, speculation peripheral matters, did not assess applicants’ core claim. [2013] iehc 304 quashed a appeals rejecting of ukrainian family’s asylum claim remitt
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Courts Service · 2013-06-25 · courts
high court finds surrender of n.m. to uk proportionate, subject care arrangements for her son the rejected a family-life objection on european arrest warrant, but said should wait until alternative were in place autistic son. it invited further submissions orders and bail. [2013] iehc 322 found that
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Courts Service · 2013-06-25 · courts
supreme court sends kbc negligence case back to high over bank's own lending decisions the has sent two major professional cases involving bank ireland for reconsideration of whether contributed losses on loans john kelly and solicitor thomas byrne. had awarded €9,983,585.34 in proceedings €7,710,54
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Courts Service · 2013-06-25 · courts
high court allows three additions to louth county council judicial review the permitted grounds on enforcement notice’s timing, handling of an anonymous complaint and alleged bad faith. it refused other proposed amendments. [2013] iehc 314 has allowed catherine taaffe add her challenge a notice rela
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Courts Service · 2013-06-24 · courts
high court orders gardaí to return argentine man’s passport the granted an interlocutory injunction after state acknowledged it could identify no legal basis for retaining passport. ruling was limited a person not subject court-imposed travel restriction. [2013] iehc 311 ordered passport, finding ho
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Courts Service · 2013-06-21 · courts
high court orders joint custody after rejecting sole bids the directed a fresh start for two children, with access to develop through parenting programme and overnight stays phased in expert help. [2014] iehc 638 ordered of children both parents sought dispute over their welfare. it said father shou
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Courts Service · 2013-06-21 · courts
high court quashes refusal to order disclosure in frozen-account case the ruled that district court’s reasons were too unclear show why was refused. it did not decide whether should be ordered. [2013] iehc 276 has quashed a decision refusing sought by man whose credit union account had been subject
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Courts Service · 2013-06-21 · courts
high court rejects sexual abuse allegations in preliminary ruling on father’s access appeal the answered all six factual questions negative, but this judgment addressed a issue an against circuit order refusing access. it did not decide itself. [2013] iehc 649 rejected that father sexually abused hi
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Courts Service · 2013-06-21 · courts
high court rules citi hedge’s 2013 lease break option did not pass to cep the refused both directions sought by hedge and citibank europe, holding that 2011 transfer moved leasehold interests but give it expressly reserved hedge. [2013] iehc 287 an application fund services (ireland) limited europe
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Courts Service · 2013-06-21 · courts
high court grants receiver interim possession relief over dublin premises the found a strong prima facie case that leases and tenancy created without bank’s written consent did not affect its mortgage interest, while leaving underlying issues for trial. [2013] iehc 288 granted interlocutory injuncti
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Courts Service · 2013-06-21 · courts
high court awards cat clothing distributor €114,951 in contract dispute the entered judgment against revolution workwear and found its director remained liable under a personal guarantee, subject to any payment by company. it also ordered territorial restrictions unless defendants gave permanent und
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Courts Service · 2013-06-20 · courts
high court refuses leave in ghana asylum review over alleged witchcraft fear the judge found applicant had not made a focused claim to refugee appeals tribunal that she feared persecution because was perceived be witch. [2013] iehc 283 has refused seek judicial of decision refusing an recommendation
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Courts Service · 2013-06-20 · courts
high court orders limited discovery in pigeon house road planning case the ruled that can be available section 160 proceedings, but narrowed residents’ request to six categories of documents. [2013] iehc 298 has ordered dublin port company and marine terminals disclose a set documents enforcement br
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Courts Service · 2013-06-19 · courts
supreme court overturns dismissal of negligence claim against solicitors the said high had not applied correct test when it dismissed elizabeth murphy’s before presented evidence. sent matter back to and struck out a separate motion by solicitors. has allowed appeal her professional beauchamps josep
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Courts Service · 2013-06-19 · courts
high court dismisses challenge to architect’s arbitration award the held that it could not use setting-aside process revisit arbitrator’s interpretation of parties’ contract. [2013] iehc 285 dismissed a partnership’s application set aside part an interim concerning fees for additional architectural
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Courts Service · 2013-06-19 · courts
high court refers two mount juliet engineering disputes to arbitration the found that standard terms, including clauses, formed part of contracts between properties and defendants. [2013] iehc 286 has referred limited’s with firms arbitration, finding each firm’s terms were incorporated into its con
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Courts Service · 2013-06-19 · courts
trustees entitled to keep compensation for closed cavan bog, high court rules the held that turf cutters’ rights under trust deed did not give them an interest in a particular so cloughbally upper belonged trustees. [2013] iehc 411 has ruled of bog were retain paid after cutting ended at bog. mr jus
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Courts Service · 2013-06-19 · courts
high court rules construction subcontract dispute was not subject to arbitration the found parties’ contract did incorporate standard cif terms or an agreement, and ruled that president lacked jurisdiction appoint arbitrator. [2013] iehc 284 has a between building contractor john g. burns limited su
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Courts Service · 2013-06-18 · courts
high court refuses leave for judicial review in asylum case the found refugee appeals tribunal’s credibility assessment was reasoned and could not be faulted, despite applicant’s challenges to its treatment of evidence country information. [2013] iehc 350 refused an applicant seek a tribunal decisio
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Courts Service · 2013-06-18 · courts
supreme court dismisses koger appeal over mantra software copyright claims the declined to let advance a substantially different copying case on and affirmed high court’s order. has dismissed an by inc. (dublin) limited in dispute whether rival infringed koger’s ntas program. order after refusing pu
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Courts Service · 2013-06-18 · courts
high court refuses challenge to district family law orders the judicial review concerned maintenance and access decisions made without sworn testimony at a 2012 hearing. found no basis grant relief. [2013] iehc 268 has refused in court, finding breach of applicant’s rights handling issues. case on 2
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Courts Service · 2013-06-18 · courts
high court rejects challenge over afghan father’s permission to remain in ireland the found that a.j.’s 2008 was granted on humanitarian grounds, not because his return afghanistan would breach prohibition refoulement. [2013] iehc 296 has refused declarations sought by an father, wife and two childr
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Courts Service · 2013-06-17 · courts
high court bars prosecution of woman over alleged 1988 assault plot the found that a delay more than 20 years in executing an arrest warrant, after applicant was child, breached state’s special duty to bring young people trial promptly. [2013] iehc 269 has prohibited two charges arising from plot, w
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Courts Service · 2013-06-14 · courts
high court allows new argument on subsidiary protection claim the applicant may rely later eu guidance when challenging refusal of protection. refused leave to argue that asylum process lacked an effective remedy. [2013] iehc 271 has allowed a botswanan woman her application should be reconsidered i
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Courts Service · 2013-06-14 · courts
high court quashes athlone it exam breach decision over unfair procedures the found institute’s acting registrar had turned a preliminary inquiry into final without giving student fair opportunity to be heard on allegation and penalty. [2013] iehc 390 has quashed institute of technology’s that final
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Courts Service · 2013-06-14 · courts
high court asks england and wales to take jurisdiction in child care case the found english welsh courts better placed hear proceedings concerning l.w. said a transfer was her best interests, but its request remained subject their acceptance. [2013] iehc 280 of ireland has asked accept l.w., born du
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Courts Service · 2013-06-14 · courts
high court refuses to let defendant cross-examine liquidator in costs-security dispute the ruling concerned only whether could be questioned on affidavit evidence; underlying application for security costs remains decided. [2013] iehc 295 court, commercial has refused john (also known as johnny) mor
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Courts Service · 2013-06-14 · courts
high court refuses to annul simon w. kennedy’s bankruptcy adjudication the dismissed application set aside his 2012 adjudication, finding no basis it despite concerns about how revenue explained its interest calculations. [2013] iehc 539 has ruling that issues he raised revenue’s calculations and ef
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Courts Service · 2013-06-13 · courts
supreme court dismisses appeal over solicitor’s approach to counsel the upheld dismissal of michael mcmullen’s claim, finding that evidence an improper did not establish it caused harm he alleged. has dismissed against his claim solicitor giles j. kennedy, who practised as kennedy & company solicito
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Courts Service · 2013-06-12 · courts
high court refuses leave to challenge refusal revoke deportation order the found no sustainable flaw in minister’s consideration of new information about violence against buddhists bangladesh. [2013] iehc 257 refused an applicant seek judicial review minister for justice and equality’s a order. held
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Courts Service · 2013-06-12 · courts
high court strikes out restaurant company’s negligence action against solicitors the dismissed rayan limited’s over earlier circuit and proceedings, finding that its case one solicitor was vexatious frivolous striking entire other. [2013] iehc 627 struck gerald kean francis mcgagh, following further
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Courts Service · 2013-06-12 · courts
supreme court refuses bid to reopen land appeal and orders lis pendens discharged the found no basis set aside its 2012 order striking out appeal, directed that a registered against in tipperary be discharged. has refused thomas kennedy’s application his over ownership of land, finding complaint abo
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Courts Service · 2013-06-12 · courts
high court orders isps to block access the pirate bay granted a blocking injunction under copyright legislation, directed defendants cover implementation costs and made separate order for vodafone. [2013] iehc 274 has ordered six internet service providers or disable subscribers’ 2012 law amendment.
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Courts Service · 2013-06-12 · courts
high court quashes asylum appeal decision over treatment of western sahara evidence the found that decision-makers relied disproportionately on an unexplained online reference to “black friday” while failing properly consider relevant country information. it sent case back for fresh consideration by
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Courts Service · 2013-06-12 · courts
supreme court allows bank’s appeal to proceed before quinn family action concludes the rejected plaintiffs’ objection an early over a preliminary legal ruling, while leaving broader questions about appeals during trial undecided. has ruled that irish bank resolution corporation limited may with its
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Courts Service · 2013-06-12 · courts
high court finds dunnes stores clonmel negligent over worker’s lifting injury the found unsafe trolley loading contributed to louise barry’s back injury, while attributing 30% of liability her own actions. [2013] iehc 259 a after she lifted heavy box from an over-height stock trolley. ms justice irv
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Courts Service · 2013-06-11 · courts
high court refuses anonymity for severely autistic plaintiff in garda arrest case the ruled that keeping plaintiff’s identity from public reporting would prejudice interests of justice, despite his vulnerability and statutory protection available to people with medical conditions. [2013] iehc 312 re
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Courts Service · 2013-06-11 · courts
high court quashes asylum decision over unanswered south ossetia claim the said refugee appeals tribunal had not decided a georgian applicant’s that 2008 war left him unable to return home. it ordered rehearing limited claim. [2013] iehc 281 has quashed after finding did determine created new need f
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Courts Service · 2013-06-07 · courts
high court quashes refugee appeal decision over unfair treatment of evidence the found that appeals tribunal rejected key documents and assessed applicant’s credibility without giving him a fair chance to address its concerns. [2013] iehc 252 has quashed refusing recommend status for an anonymised a
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Courts Service · 2013-06-07 · courts
man given suspended sentences for rapes and assaults of 14-year-old the central criminal court imposed concurrent after finding offender’s family circumstances exceptional; rape were five years assault one year. [2013] ieccc 1 high court, a convicted raping girl twice indecently assaulting her was p
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Courts Service · 2013-06-07 · courts
high court rejects birr partnership challenge to ulster bank loan recourse the found that 2008 facility gave full against partners for capital and interest, dismissed their claims relief. [2013] iehc 250 court, commercial has rejected a by term giving its both interest. mr justice cooke held in was
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Courts Service · 2013-06-07 · courts
high court rules birth record must be corrected to show mother’s true name the rejected registrar general’s view that entry was accurate because mother had used recorded when registering her daughter. it held a factual error and said register amended. [2013] iehc 275 ruled amended name, even though
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Courts Service · 2013-06-07 · courts
high court finds 48-hour delay worsened woman’s bladder damage after spinal surgery the found hospitals were not negligent in care leading to first operation, but held that response new symptoms march 2006 fell below required standard. it awarded €120,000 general damages. [2013] iehc 273 a investiga
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Courts Service · 2013-06-06 · courts
high court refuses to order demolition of unauthorised wicklow chalet the found evidence did not justify demolishing katie fortune’s home, but said she must operate its external effluent system in line with epa guidelines. [2013] iehc 255 has refused county council’s request an near lough dan, findi
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Courts Service · 2013-06-06 · courts
irish appeal court dismisses jan stuurman’s after guilty plea the of criminal ruled that alleged trial errors did not meet high threshold for appealing a conviction pleading guilty. it decide whether those rulings were wrong. has dismissed against conviction, finding at his pursuing an plea. stuurma
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Courts Service · 2013-06-06 · courts
high court dismisses bid to discharge interlocutory orders over secret recording the found of a company board meeting was not materially connected issues decided on earlier interim applications, while leaving its possible significance for full trial open. [2013] iehc 266 dismissed an application by
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Courts Service · 2013-06-06 · courts
high court rejects challenge to refusal of refugee status the found that errors alleged in appeals tribunal’s decision did not undermine its outcome and refused permission add tribunal as a respondent. [2013] iehc 282 has rejected kenyan man’s minister’s refusing him amend his case directly. judgmen
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Courts Service · 2013-06-06 · courts
high court preserves harte’s director role pending trial of pharmacy share dispute the found fair issues to be tried over ownership a one-third stake in ashwood investments and company’s board. it granted interim injunctions while leaving disputed directorship questions unresolved. [2013] iehc 265 h
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Courts Service · 2013-06-05 · courts
high court quashes refugee appeal decision over treatment of medical evidence the found that appeals tribunal had discounted reports too readily and ordered a fresh consideration by different member. [2013] iehc 253 quashed rejecting rwandan woman’s for protection, finding not lawfully assessed abou
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Courts Service · 2013-06-05 · courts
high court quashes nigerian family’s asylum appeal decision over unassessed future risk the upheld tribunal’s credibility concerns about parts of mother’s account but found it had not assessed her claimed on return linked to religion and ordered a fresh hearing before different member. [2013] iehc 2
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Courts Service · 2013-06-05 · courts
high court renews acc bank summons in charge dispute the allowed six months to renew its seeking a over mayo property, leaving defendants free raise res judicata as defence later. [2013] iehc 264 renewed plc’s plenary against gerald stephens and maryanne for months, allowing continue claim first leg
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Courts Service · 2013-06-04 · courts
high court quashes planning reference over heatons’ tullamore store the found that offaly county council’s to an bord pleanála failed state its grounds and supporting reasons in full. it did not require council give heatons advance notice. [2013] iehc 261 quashed concerning whether limited was compl
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Courts Service · 2013-06-04 · courts
court dismisses leave application in kilrush murder appeal the of criminal rejected challenges to jury directions on self-defence and trial judge’s refusal discharge over a brief reference target sheet. dismissed brendan o’sullivan’s for his conviction, finding that were not deficient did need be di
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