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Courts Service · 2013-10-31 · courts

High Court refuses to dismiss wind farm share security claim

high court refuses to dismiss wind farm share security claim a by lender over shares in cloosh valley ltd can proceed. the ordered protection proceeds from any sale pending trial. [2013] iehc 489 refused kevin anderson’s against ltd, finding there was sufficient basis examine whether corporate trans

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Courts Service · 2013-10-31 · courts

High Court refuses tenant’s bid to regain Shankill apartment pending trial

high court refuses tenant’s bid to regain shankill apartment pending trial the refused interlocutory injunctions after finding material omissions in application and concluding evidence did not otherwise justify orders sought. [2013] iehc 491 a woman’s for requiring receiver return possession of an r

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Courts Service · 2013-10-31 · courts

High Court rules on limits of review in Polish prosecution consent request

high court rules on limits of review in polish prosecution consent request the decided that a preliminary challenge to for two further prosecutions could not rely respondent’s fundamental-rights objections under section 37. [2013] iehc 477 ruled 37 european arrest warrant act 2003 be considered pros

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Courts Service · 2013-10-30 · courts

Supreme Court dismisses appeal over return for trial on arson charge

supreme court dismisses appeal over return for trial on arson charge the held that a district judge may send person charged with hybrid offence forward indictment dpp’s consent, following procedure in section 4a. has dismissed eamon dillon’s against refusal of judicial review his an charge, holding

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Courts Service · 2013-10-30 · courts

High Court quashes asylum appeal decision over unclear credibility findings

high court quashes asylum appeal decision over unclear credibility findings the ordered a fresh assessment by different tribunal member, finding it whether applicant’s central claims had been accepted or rejected. [2013] iehc 482 quashed refugee appeals refusing an and sent case for member. found tr

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Courts Service · 2013-10-29 · courts

High Court refuses to reopen planning judgment after correcting factual error

high court refuses to reopen planning judgment after correcting factual error the acknowledged that its earlier wrongly said galway county council had reconsidered a decision, but did not change conclusion on material contravention. [2013] iehc 584 has refused an applicant’s request judicial review

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Courts Service · 2013-10-25 · courts

Supreme Court sets out conditional test in Clifford appeal over two charges

supreme court sets out conditional test in clifford appeal over two charges the held that recklessness could be inferred on public order charge, but said failure-to-appear charge depended whether a district bail was available. of ireland has ruled infer against paul clifford, even though evidence br

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Courts Service · 2013-10-25 · courts

Cavan farm worker awarded €74,000 charge after court rejects claim to inherit farm

cavan farm worker awarded €74,000 charge after court rejects claim to inherit the high found that michael coyle could not enforce a promise farm, but was entitled reasonable payment for years of unpaid work. award is secured by on land. [2013] iehc 463 has work he did county with farm. rejected his

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Courts Service · 2013-10-25 · courts

High Court refuses bid to reopen €4.7m sexual abuse judgments

high court refuses bid to reopen €4.7m sexual abuse judgments the defendant argued that he lacked capacity when two jury trials proceeded in his absence. found evidence did not establish incapacity november 2012 and refused set aside judgments. [2013] iehc 523 has joseph carrick’s application totall

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Courts Service · 2013-10-25 · courts

High Court orders 5% cut to liquidators’ fees in Home Payments case

high court orders 5% cut to liquidators’ fees in home payments case the set principles for sharing liquidation costs between company assets and customer funds, but left final deduction distribution a later order. [2013] iehc 507 has ruled that ltd’s joint liquidators may seek contribution from funds

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Courts Service · 2013-10-25 · courts

High Court dismisses judicial review over refusal of care allowance

high court dismisses judicial review over refusal of care allowance the found department’s reasons adequate and no legal duty to medically examine child, but dismissed case because statutory appeals process remained available. [2013] iehc 524 has a mother’s challenge domiciliary for her son, finding

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Courts Service · 2013-10-25 · courts

High Court awards €270,000 over failed purchase of two Tipperary industrial units

high court awards €270,000 over failed purchase of two tipperary industrial units the found anthony benesch remained bound by sale and building agreements but could not complete purchase. it awarded plaintiffs damages instead ordering specific performance struck out his counterclaim. [2013] iehc 464

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Courts Service · 2013-10-24 · courts

High Court quashes asylum decision after tribunal relied on video clips not submitted

high court quashes asylum decision after tribunal relied on video clips not submitted the found that an uncontradicted account showed applicant had provided treated as evidence. it ordered case reheard by a different member. [2013] iehc 467 has quashed refugee appeals refusing iranian recommendation

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Courts Service · 2013-10-24 · courts

High Court quashes refugee appeal decision over flawed credibility findings

high court quashes refugee appeal decision over flawed credibility findings the granted leave for judicial review and sent case back to appeals tribunal a rehearing, citing mischaracterised evidence inadequate consideration of medical reports other material. [2013] iehc 468 has quashed refusing stat

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Courts Service · 2013-10-24 · courts

High Court rejects challenge to asylum appeal decision over PNC credibility findings

high court rejects challenge to asylum appeal decision over pnc credibility findings the found no breach of fair procedures in refugee appeals tribunal’s treatment conflicting evidence and rejected remaining challenges as insufficient ground relief. [2013] iehc 466 j.k.’s application for leave seek

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Courts Service · 2013-10-23 · courts

Fennelly J dissents on toll operators’ revenue-share deductions in valuation appeals

fennelly j dissents on toll operators’ revenue-share deductions in valuation appeals a supreme court judgment records disagreement over whether payments to the national roads authority could be deducted when calculating net annual value of two toll-road properties. justice dissented one issue about

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Courts Service · 2013-10-23 · courts

District Court orders fortnightly prison visits and alternate-week contact for child and parent

district court orders fortnightly prison visits and alternate-week contact for child parent the found process reducing lacked proper procedure, but decided should continue in child’s interests, with additional indirect special-occasion access. [2013] iedc 17 an chúirt dúiche / court; dublin metropol

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Courts Service · 2013-10-23 · courts

Supreme Court allows toll operators to deduct revenue shares in rating valuations

supreme court allows toll operators to deduct revenue shares in rating valuations the held that contractual required under roads act agreements were deductible charges. it also upheld allowance of maintenance costs for full m1 celtic road group’s agreement and refused commissioner’s application amen

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Courts Service · 2013-10-23 · courts

District Court extends interim care order for two weeks

district court extends interim care order for two weeks the said short extension would give mother time to seek medical treatment and prepare address case, while requiring a clearer plan drug-treatment information at next hearing. iedc [2013] 18 an chúirt dúiche / extended two-year-old child until 6

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Courts Service · 2013-10-23 · courts

Supreme Court dismisses appeal over wasted costs in asylum judicial review

supreme court dismisses appeal over wasted costs in asylum judicial review the upheld refusal to make applicant’s solicitors personally liable for costs, finding there was a factual basis high court’s conclusion that they had not engaged misconduct. has dismissed an by minister justice and refugee a

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Courts Service · 2013-10-22 · courts

High Court postpones man’s surrender to attend child care proceedings

high court postpones man’s surrender to attend child care proceedings the postponed uk until 12 november 2013 in first instance, ordered that respondent remain custody and said he could be produced for district hearing. [2013] iehc 601 p.g.’s united kingdom so it informed of date set concerning his

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Courts Service · 2013-10-22 · courts

High Court orders further discovery on hospital completion dispute

high court orders further discovery on hospital completion dispute justice cooke allowed part of a guarantor’s application, redefining two document categories. he made no order the remaining requests concerning damages. [2013] iehc 456 {'name': 'the court', 'division': 'commercial'} has ordered john

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Courts Service · 2013-10-22 · courts

High Court asks England and Wales to take jurisdiction in child care case

high court asks england and wales to take jurisdiction in child care case the found that was better placed hear a request transfer child’s interests. it did not itself make order judgment. [2013] iehc 472 has decided ask courts of assume proceedings concerning baby born ireland, finding those were m

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Courts Service · 2013-10-22 · courts

High Court rules €60,000 settlement included €25,000 for legal costs

high court rules €60,000 settlement included €25,000 for legal costs the found plaintiffs had agreed to divide between damages and their solicitors’ costs. it rejected account that no allocation been accepted. [2013] iehc 462 ruled a on 7 may 2013 was be divided into €35,000 neil elizabeth reidy sol

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Courts Service · 2013-10-18 · courts

District Court orders one-year care for two children and directs reunification process

district court orders one-year care for two children and directs reunification process the found statutory threshold met both children, but directed hse family to begin resolutions approach review progress after six months. [2013] iedc 16 (an chúirt dhuiche) made anonymised parties approach, a stage

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Courts Service · 2013-10-18 · courts

High Court grants ACC Bank summary judgment in €651,000 loan dispute

high court grants acc bank summary judgment in €651,000 loan dispute the ruled that parents’ arguments did not disclose an arguable defence to repayment of loans used for a planned property development balla, co mayo. [2013] iehc 454 granted against ruadhri, john and emer mcellin over judgment, deli

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Courts Service · 2013-10-18 · courts

High Court dismisses challenge to Children’s Referendum result

high court dismisses challenge to children’s referendum result the found evidence raised a serious issue for trial but did not prove, on balance of probabilities, that unconstitutional campaign conduct materially affected result. [2013] iehc 458 dismissed joanna jordan’s petition seeking annul 2012

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Courts Service · 2013-10-17 · courts

Supreme Court says fish and gear forfeiture requires a sentencing judge’s discretion

supreme court says fish and gear forfeiture requires a sentencing judge’s discretion the interpreted fisheries law to let judge decide how much, if any, or fishing forfeit. it refused specific relief sought in appeal left open whether other should be considered. has ruled that gives over much forfei

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Courts Service · 2013-10-17 · courts

Supreme Court finds fisheries law allows partial forfeiture of catch or gear

supreme court finds fisheries law allows partial forfeiture of catch or gear the dismissed a fisherman’s constitutional challenge after interpreting penalty provision as giving trial judge discretion over how much fish fishing to forfeit on conviction. [2013] iesc 40 appeal provision, ruling that it

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Courts Service · 2013-10-14 · courts

Supreme Court upholds rule requiring prison sentences for in-prison offences to run consecutively

supreme court upholds rule requiring prison sentences for in-prison offences to run consecutively the dismissed john gilligan’s constitutional appeal, finding that left judges discretion over whether impose a custodial sentence and its length. has appeal against constitutionality of law committed wh

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Courts Service · 2013-10-14 · courts

High Court finds no agreement covered external appointments in contempt dispute

high court finds no agreement covered external appointments in contempt dispute the held that a july undertaking was void as regards from an competition because applicants and department understood its scope differently. underlying judicial review remains to be decided. [2013] iehc 459 has refused l

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Courts Service · 2013-10-11 · courts

Supreme Court dismisses Robert Ewing’s appeal over third set of proceedings

supreme court dismisses robert ewing’s appeal over third set of proceedings the upheld an order striking out his case against ireland and attorney general, finding it impermissible collateral attack on earlier decisions abuse process. has dismissed 2006 ruling that was process attempt to challenge d

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Courts Service · 2013-10-10 · courts

High Court strikes out Garda vetting challenge as an abuse of process

high court strikes out garda vetting challenge as an abuse of process the held that could have been brought in earlier judicial review proceedings. it rejected other grounds advanced for striking case. [2013] iehc 449 struck a to process, ruling claims and should found later case was under rule hend

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Courts Service · 2013-10-10 · courts

Supreme Court allows late Goode appeals on judge-bias grounds only

supreme court allows late goode appeals on judge-bias grounds only the extended time for concerning three high orders, limiting them to concrete’s allegation of a reasonable apprehension objective bias. it did not decide whether bias occurred. concrete appeal but restricted connected with its ruling

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Courts Service · 2013-10-10 · courts

High Court limits plaintiff’s costs to four hearing days in contract dispute

high court limits plaintiff’s costs to four hearing days in contract dispute the ordered first defendant pay costs, with guarantor jointly liable for tied guarantee claim up one day. it also said a stay would be appropriate if he appealed. [2013] iehc 473 has limited sri apparel can recover its revo

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Courts Service · 2013-10-07 · courts

High Court orders access to statement opened in civil proceedings

high court orders access to statement opened in civil proceedings the director of public prosecutions may obtain a copy for forthcoming criminal trial, but trial judge will decide whether it can be admitted as evidence. [2013] iehc 450 directed courts service provide (dpp) with made by thomas byrne

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Courts Service · 2013-10-04 · courts

High Court orders developer to provide security for costs in planning case

high court orders developer to provide security for costs in planning case the held that special environmental rules did not apply company’s judicial review, and invited submissions on form of order. [2013] iehc 442 has acceded an bord pleanála’s request from kimpton vale developments ltd. a review

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Courts Service · 2013-10-04 · courts

High Court refuses to set aside nearly €7 million default judgment against John Meagher

high court refuses to set aside nearly €7 million default judgment against john meagher the rejected challenges substituted service and judgment, finding no irregularity noting that had not put forward an arguable defence. a separate committal application was deferred. [2013] iehc 496 has refused me

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Courts Service · 2013-10-01 · courts

District Court grants care orders for two children until age 18

district court grants care orders for two children until age 18 the found statutory threshold met and approved plans, while setting review reporting requirements hse. [2013] iedc 15 court; dublin metropolitan granted child 1 2 each reaches 18, after finding that their health, development welfare wou

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