Courts Service · 2013-09-30 · courts
high court dismisses challenge to negative refugee recommendation the found no substantial grounds set aside appeals tribunal decision, which had rejected applicant’s account of past persecution. [2013] iehc 538 has dismissed a judicial review decision recommending that cameroonian applicant not be
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Courts Service · 2013-09-30 · courts
high court upholds receiver’s appointment and awards bank €4.02m judgment the rejected borrowers’ challenges to transfer of mortgage security, default process authority, granted relief sought by both plaintiffs. [2013] iehc 453 ruled that tom kavanagh was validly appointed receiver over secured prop
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Courts Service · 2013-09-30 · courts
high court rejects nigerian asylum seeker’s challenge to refugee appeal decision the found no substantial error of fact or law in tribunal’s rejection man’s claim, which relied on alleged police persecution linked a union dispute. [2013] iehc 537 has rejected appeals tribunal recommending that he no
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Courts Service · 2013-09-30 · courts
high court restrains property owner from interfering with receivers at finglas homes an interlocutory injunction bars jerry beades obstructing receivers, entering the properties without consent or harassing occupants while substantive proceedings continue. [2013] iehc 440 has granted restraining app
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Courts Service · 2013-09-30 · courts
high court quashes asylum appeal decision over unexamined bangladesh risk the ordered a fresh hearing before different tribunal member after finding that had not considered whether applicant remained protected as registered refugee or faced persecution in bangladesh. [2013] iehc 535 quashed appeals
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Courts Service · 2013-09-27 · courts
high court appoints former partner joint guardian of two children the ordered that remain in applicant’s custody ireland and appointed him jointly with their mother, while continuing her contact under existing arrangements. [2013] iehc 647 has a woman’s as children, ordering they his ireland. order
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Courts Service · 2013-09-27 · courts
high court refuses bid to shut down kilvinane wind farm the declined order turbines dismantled while related judicial review cases remain unresolved, without deciding whether as-built complied with original planning permission. [2013] iehc 509 has refused an application by william bailey stop limite
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Courts Service · 2013-09-27 · courts
high court upholds order directing €81,500 redundancy funds to mortgage debt the appeal concerned held after a circuit pay them allied irish banks as part of efforts implement divorce settlement. dismissed jurisdiction challenge and upheld payment in discharge on 19 lancaster quay. [2013] iehc 441 c
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Courts Service · 2013-09-24 · courts
high court approves interim pension order with €20,000 costs share for each spouse the approved an adjustment covering 40% of a defined benefit fund and upheld equal shares €40,000 in trustee costs. [2013] iehc 654 requiring to bear contribution towards trustees’ costs, judgment delivered on 24 sept
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Courts Service · 2013-09-24 · courts
high court refuses to set aside credit union’s third-party notice the found that bhk union acted as soon reasonably possible join architect brendan g. cashell, despite missing rules’ 28-day deadline. [2013] iehc 439 has refused an application a served by limited on cashell in dispute over alleged da
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Courts Service · 2013-09-20 · courts
high court finds negligent land valuation contributed to farmer’s loss the held both auctioneers’ valuations a failed farm purchase, while finding farmer 50% responsible for loss. [2013] iehc 434 found that an auctioneer negligently valued wexford at €10 million €11 million, and after he bought part
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Courts Service · 2013-09-20 · courts
high court quashes subsidiary protection refusal after minister relied on asylum credibility findings the found had not independently assessed woman’s claim at stage. it did decide whether she qualified for protection. [2013] iehc 447 has quashed justice and equality’s to grant a woman from democrat
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Courts Service · 2013-09-20 · courts
high court quashes asylum appeal decision over credibility assessment the ordered a fresh refugee appeals tribunal hearing after finding errors in its of an iranian applicant’s and supporting evidence. it did not decide whether he qualifies for status. [2013] iehc 448 has quashed refusing status to
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Courts Service · 2013-09-19 · courts
high court rejects challenge to ida plan acquire kildare farm and family home the refused a farmer’s judicial review ida’s decision compulsorily 72 acres hedsor house, finding acquisition lawful proportionate. ruling did not itself order possession or set date for be vacated. [2013] iehc 433 has ind
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Courts Service · 2013-09-17 · courts
high court bars certus from making findings before a full disciplinary hearing the interim order allows to gather evidence, including rosemarie gallagher, but prevents it determining whether she followed another occupation hearing. [2013] iehc 621 has restrained about gallagher hearing, while allowi
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Courts Service · 2013-09-17 · courts
high court joins waste facility applicant’s husband in costs dispute and grants environmental protection the ruling concerns two preliminary applications separate planning judicial review proceedings. it does not decide whether panda breached or licence conditions. [2013] iehc 430 joined holly hunte
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Courts Service · 2013-09-16 · courts
high court quashes asylum appeal decision over fairness concerns the found that refugee appeals tribunal had ignored potentially significant documents and relied on undisclosed country information. it did not decide claim itself. [2013] iehc 436 has quashed a rejecting an by n.m., applicant from tog
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Courts Service · 2013-09-16 · courts
high court quashes circuit order in child custody appeal the ruled that could not remit matter to and directed it hear pending appeal, taking account of swedish non-return decision. [2013] iehc 418 has quashed a struck out mother’s over orders concerning her three children affirmed district without
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Courts Service · 2013-09-16 · courts
high court refuses injunction to halt congolese woman’s deportation the found no fair issue be tried in two judicial review challenges decisions concerning her return asylum process and revocation of a order. [2013] iehc 435 refused an interlocutory sought by woman prevent while proceedings were pen
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Courts Service · 2013-09-16 · courts
high court closes irish proceedings after no respondent filed required motion the closed under article 11(7) none of four respondents issued a notice within three-month period. it did not decide custody or child’s living arrangements. [2013] iehc 419 ireland concerning return from poland three month
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Courts Service · 2013-09-16 · courts
high court sets aside refusal of bank ireland’s €317,043 claim the found had established a prima facie case on loan and overdraft, ruled that its evidence did not have to meet bankers’ books act formalities. [2013] iehc 631 set master’s order refusing ireland liberty enter final judgment against pau
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Courts Service · 2013-09-13 · courts
high court upholds receiver’s contractual appointment but rejects bank’s possession claim under repealed law in a special case concerning three sets of proceedings, the held that receiver could take valid appointment, while bank not use statutory route to seek registered land. [2013] iehc 417 has ru
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Courts Service · 2013-09-12 · courts
high court allows fresh bail application to proceed in us extradition case the ruled only on whether a renewed could be heard after formal request changed likely period of detention. it did not decide should granted. [2013] iehc 415 has allowed man facing proceedings with application, finding that l
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Courts Service · 2013-09-11 · courts
high court grants bank of scotland €7.5m summary judgment against guarantor the rejected a businessman’s promissory estoppel defence, finding that his alleged steps to secure payments by two companies did not establish personal detriment. interest, costs and ancillary orders remained for later consi
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Courts Service · 2013-09-11 · courts
high court restrains o’connors from interfering with receivers at dalkey property the granted three interlocutory injunctions over laurels while underlying proceedings continue. it did not grant separate interim possession order sought. [2013] iehc 423 has restrained pat and joan o’connor joint laur
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Courts Service · 2013-09-10 · courts
high court rejects challenge to nigerian family’s deportation orders the held that departmental officials could assess non-refoulement claims on minister’s behalf and refused judicial review. [2013] iehc 422 has a mother her children’s review orders, finding lawfully whether their removal would brea
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Courts Service · 2013-09-10 · courts
high court quashes congolese man’s subsidiary protection refusal and deportation order the found that minister’s conclusion rule of law existed in kinshasa was unreasonable, based on country information before decision maker. [2013] iehc 421 has quashed a against an anonymised applicant from democra
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Courts Service · 2013-09-09 · courts
high court gives aer lingus seven days to file late appearance in employment appeal the ruled it could extend court-rule deadline and allowed airline defend appeal, while leaving separate question of whether was out time for later consideration. [2013] iehc 432 that an by five former employees despi
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Courts Service · 2013-09-09 · courts
high court orders heatsolve wound up over €84,295.75 revenue debt the refused to delay petition give company time rebuild its income after restructuring, saying that winding-up proceedings could not provide protection equivalent examinership. [2013] iehc 399 has ordered limited be finding owed commi
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Courts Service · 2013-09-06 · courts
high court refuses bid to stop indecent assault trial the found applicant had not shown that delay created a real or serious risk of an unfair trial, leaving prosecution proceed. [2013] iehc 401 has refused application former schoolteacher charged with 67 counts assault, finding he could receive fai
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Courts Service · 2013-09-06 · courts
high court upholds finding that dublin house was not a permanent home available for tax purposes the answered case stated in favour of appeal commissioner, concluding 6 raglan road to appellant during 2000/2001 year. it did decide separate centre vital interests test. [2013] iehc 398 has upheld an c
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Courts Service · 2013-09-06 · courts
high court refuses interim freeze on €1.3m life policy proceeds the found a serious issue over who beneficially owned proceeds, but no evidence they were at risk of being dissipated. dispute ownership remains unresolved. [2013] iehc 400 has refused surviving partners’ application to €1.3 million pai
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Courts Service · 2013-09-05 · courts
high court rules suspended years did not bar temporary-release consideration the found that a 10-year sentence with final three meant seven to be served, and granted prisoner’s judicial review application. [2013] iehc 626 ruled minister for justice was barred from considering david kavanagh temporar
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Courts Service · 2013-09-05 · courts
high court adjourns wicklow shed orders; rules council can seek removal of mobile homes the gave johnny fortune opportunity to make a fresh exemption application for large and provide planning evidence about garden shed. it held that county was entitled orders requiring kate remove two remaining car
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Courts Service · 2013-09-05 · courts
high court bars third trial for one byrne, allows prosecution to proceed against the other after two jury disagreements in lengthy trials, prohibited a niall byrne. it refused same relief david byrne because potentially persuasive new circumstantial evidence might be available. [2013] iehc 396 has o
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Courts Service · 2013-09-04 · courts
high court orders defendant not to obstruct receivers collecting rents from six properties the interlocutory injunctions will operate pending substantive action or further order. also struck out defendant’s cross-application. [2013] iehc 405 has restrained john philip quearney interfering with two j
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Courts Service · 2013-09-02 · courts
high court orders €2.19m judgment against leopardstown fitness club company the rejected claims that racecourse operator had fundamentally breached a 2011 settlement, but deferred lease forfeiture issue for four weeks while tenant considered corporate governance changes. [2013] iehc 526 ordered temp
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Courts Service · 2013-09-02 · courts
high court refuses us return order for three children after assessing mother’s mental health risk the declined to children’s united states under hague convention, finding a grave of recurrent breakdown affecting them. it stressed that decision did not resolve custody or excuse failure maintain conta
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