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Courts Service · 2014-01-31 · courts

High Court refuses appeal over unpaid lay-off period

high court refuses appeal over unpaid lay-off period the upheld employment appeals tribunal’s determination that a former goode concrete worker was not entitled to wages for 16-week under payment of act. [2014] iehc 66 refused an by domantas petkevicius his claim during from limited, which in receiv

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Courts Service · 2014-01-31 · courts

Court orders retrial after setting aside convictions over alleged forged will

court orders retrial after setting aside convictions over alleged forged will the of criminal appeal said jury’s access to a document outside evidence made unsafe, but found interests justice favoured new trial. has ordered for noel hayes and william o’leary their forgery an will. had previously all

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Courts Service · 2014-01-31 · courts

High Court refuses solicitor’s bid to charge Dublin premises for fees

high court refuses solicitor’s bid to charge dublin premises for fees the held that removing a receiver did not recover or preserve property purposes of legal practitioners act 1876. it said would also have refused requested as matter discretion. [2014] iehc 36 application two with his costs, ruling

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Courts Service · 2014-01-31 · courts

High Court says hospital search was unlawful but could ground road traffic demand

high court says hospital search was unlawful but could ground road traffic demand the answered yes to both questions in a case stated: gardaí had no authority injured man’s clothing, resulting discovery still support an opinion for blood or urine demand. [2014] iehc 35 ruled that garda unlawfully se

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Courts Service · 2014-01-31 · courts

High Court quashes refugee appeal decision over assessment of Afghan applicant’s asylum route

high court quashes refugee appeal decision over assessment of afghan applicant’s asylum route the found that tribunal treated failure to seek in greece and uk as damaging his credibility without properly considering explanations. it sent matter back for reconsideration. [2014] iehc 123 has quashed a

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Courts Service · 2014-01-30 · courts

Supreme Court sets aside bank judgment against five Lynch family members, but upholds it against Philip Lynch

supreme court sets aside bank judgment against five lynch family members, but upholds it philip the rejected family’s appeals and two law firms, while leaving a limited question open about enforcing debt relatives before pursuing principal borrowers. dismissed most of brought by over €25 million loa

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Courts Service · 2014-01-30 · courts

High Court refuses father’s bid to halt deportation until his son reaches adulthood

high court refuses father’s bid to halt deportation until his son reaches adulthood the declined make a declaration restricting minister’s powers, leaving pending application revoke order for minister decide. [2014] iehc 30 refused request that he could not be deported irish citizen reached adulthoo

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Courts Service · 2014-01-30 · courts

High Court refuses leave to challenge asylum refusal

high court refuses leave to challenge asylum refusal the rejected applicant’s grounds for judicial review and refused leave, finding that refugee appeals tribunal had accepted his credibility its relocation assessment was rational. [2014] iehc 26 has j. c. o.’s application seek of tribunal’s status.

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Courts Service · 2014-01-30 · courts

High Court quashes asylum decision over Pakistan relocation assessment

high court quashes asylum decision over pakistan relocation assessment the found tribunal had not adequately assessed whether applicants’ family could safely relocate within and sent case back for a new determination. [2014] iehc 27 has quashed refugee appeals concerning two children’s claim, findin

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Courts Service · 2014-01-30 · courts

High Court quashes refusal to revoke Nigerian woman’s deportation order

high court quashes refusal to revoke nigerian woman’s deportation order the found legal errors in minister’s assessment of a couple’s family rights and irish husband’s heart condition. it quashed 2012 decision but did not itself order. [2014] iehc 29 has refusing against woman, finding that failed a

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Courts Service · 2014-01-30 · courts

High Court dismisses Nigerian child’s challenge to refugee appeal decision

high court dismisses nigerian child’s challenge to refugee appeal decision the rejected challenges findings on internal relocation and access medical care, dismissed judicial review application. [2014] iehc 28 has a application for of appeals tribunal refusing recommend status. in judgment delivered

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Courts Service · 2014-01-29 · courts

Supreme Court dismisses appeal over timing of personal injury claim

supreme court dismisses appeal over timing of personal injury claim the held that a piab authorisation sent by registered post is issued when it would arrive in ordinary course post, leaving john molloy’s within time. dismissed albert reid’s against high ruling was not statute barred. concerned inju

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Courts Service · 2014-01-29 · courts

Bank wins €5.2m judgment in dispute over loans to Gerard McCaughey

bank wins €5.2m judgment in dispute over loans to gerard mccaughey the high court entered for irish resolution corporation on loan facilities where it found no defence had been shown, while sending remaining disputed balance a plenary hearing. [2014] iehc 230 {'name': 'high court', 'division': 'comm

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Courts Service · 2014-01-29 · courts

High Court refuses challenge to ethics finding against Dublin councillor

high court refuses challenge to ethics finding against dublin councillor the rejected city council’s standing and refused relief sought by oisín quinn, who had joined case. commission found his failure disclose an interest was inadvertent minor. [2014] iehc 89 has application council quinn quash a s

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Courts Service · 2014-01-28 · courts

High Court orders winding up of IATA trust fund and pro rata distribution

high court orders winding up of iata trust fund and pro rata distribution the directed that €721,165 be distributed to qualifying retail agents according their years contributions, after a 60-day claims process deductions for reasonable costs. [2014] iehc 24 court, chancery has ordered an irish esta

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Courts Service · 2014-01-28 · courts

High Court rejects challenge to refusal of Congolese woman’s asylum appeal

high court rejects challenge to refusal of congolese woman’s asylum appeal the held that refugee appeals tribunal had addressed central claim and gave adequate reasons for its credibility assessment. judicial review failed. [2014] iehc 22 has dismissed a by an anonymised woman from democratic republ

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Courts Service · 2014-01-27 · courts

High Court strikes out most of Quinns’ case against receiver, leaves imprisonment claim open

high court strikes out most of quinns’ case against receiver, leaves imprisonment claim open the ruled that issues repeated earlier litigation, but allowed plaintiffs to pursue a concerning michael quinn’s week in prison. it said restriction on further suits receiver would follow unless quinns gave

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Courts Service · 2014-01-27 · courts

High Court rejects daughter’s claim over jointly purchased farmland

high court rejects daughter’s claim over jointly purchased farmland the dismissed an appeal concerning a minor’s intestate share and that bought by her father his wife was disinheriting disposition. [2014] iehc 32 late father’s estate, ruling he with using borrowed funds not “disposition” under succ

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Courts Service · 2014-01-27 · courts

High Court confirms revocation of refugee status after finding asylum information was false

high court confirms revocation of refugee status after finding asylum information was false the dismissed an appeal against minister’s decision, that evidence showed appellant had used a identity and nationality in her claim. [2014] iehc 31 has confirmed woman’s she provided misleading application.

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Courts Service · 2014-01-24 · courts

High Court refuses security for costs in long-running telecoms licence case

high court refuses security for costs in long-running telecoms licence case the declined denis o’brien’s application to require two corporate plaintiffs provide security, citing presence of declan ganley as a co-plaintiff and public interest proceedings. [2014] iehc 18 has refused an by o’brien his

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Courts Service · 2014-01-24 · courts

High Court quashes refusal of chef’s long-term residency application

high court quashes refusal of chef’s long-term residency application the ruled that a conviction for driving without insurance could not be sole basis refusing under statutory scheme. applicant’s existing permission to remain was unaffected. [2014] iehc 34 quashed minister justice and equality’s ban

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Courts Service · 2014-01-24 · courts

High Court refuses discovery request in Mexican adoption registration case

high court refuses discovery request in mexican adoption registration case the held that statutory best-interests test for disclosure concerned children whose records were sought, and refused applicants’ motion. [2014] iehc 82 court, family law has a application by two anonymised applicants seeking

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Courts Service · 2014-01-24 · courts

High Court bars prosecution after four-year delay in charges against former child

high court bars prosecution after four-year delay in charges against former child the found that a serious failure to act promptly deprived applicant of protections intended for defendants, including anonymity. [2014] iehc 33 has barred director public prosecutions from continuing an who was charged

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Courts Service · 2014-01-24 · courts

High Court orders surrender to France after rejecting section 44 objection

high court orders surrender to france after rejecting section 44 objection the found did not meet either of two required conditions for refusing in relation laundering and conspiracy offences. [2014] iehc 51 ordered t.e. face trial on charges, her under european arrest warrant act 2003. mr justice e

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Courts Service · 2014-01-24 · courts

High Court awards €315,000 after finding Marist Congregation vicariously liable for school abuse

high court awards €315,000 after finding marist congregation vicariously liable for school abuse the found that a former pupil was sexually abused by teacher from 1969 to 1972. it assessed damages at €350,000, then reduced award 10% account manager’s time-barred share of liability. [2014] iehc 19 ha

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Courts Service · 2014-01-24 · courts

High Court orders surrender to Poland after rejecting three objections

high court orders surrender to poland after rejecting three objections the found sentence enforceable and concluded that respondent had fled evade justice. it also rejected his challenge minister’s handling of arrest warrant. [2014] iehc 50 has ordered krzysztof haniszewski surrendered serve a two-y

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Courts Service · 2014-01-24 · courts

High Court grants limited leave to pursue share ownership counterclaim during liquidation

high court grants limited leave to pursue share ownership counterclaim during liquidation the allowed three plaintiffs continue part of a dispute over company shares, subject costs protections and time limit tied liquidator’s application for final orders. [2014] iehc 41 granted their against hiberna

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Courts Service · 2014-01-23 · courts

Court refuses DPP bid to dismiss Brian Meehan’s miscarriage-of-justice application

court refuses dpp bid to dismiss brian meehan’s miscarriage-of-justice application the of criminal appeal rejected dpp’s request for summary dismissal and a separate preliminary hearing, directing that proceed hearing on its merits. has refused director public prosecutions’ attempt have quash his mu

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Courts Service · 2014-01-23 · courts

Criminal Appeal Court refuses bid to revisit murder appeal ruling

criminal appeal court refuses bid to revisit murder ruling the said its march 2013 decision refusing liam bolger leave was final and found no trial judge error after reviewing disputed jury directions interview evidence again. [2014] iecca 2 of has refused bolger’s motion set aside him his convictio

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Courts Service · 2014-01-23 · courts

Supreme Court backs two-stage process for committing accused person to psychiatric hospital

supreme court backs two-stage process for committing accused person to psychiatric hospital the upheld high court’s interpretation of statutory safeguards, but dismissed both appeals as moot after later central criminal orders superseded decisions under challenge. has a requirement two separate stag

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Courts Service · 2014-01-23 · courts

Court refuses to reopen David Bourke murder appeal judgment

court refuses to reopen david bourke murder appeal judgment the of criminal rejected an application amend its earlier decision and declined certify four proposed legal questions for supreme court. has refused bourke’s or upholding his conviction, law in a delivered on 23 january 2014, said substanti

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Courts Service · 2014-01-23 · courts

Court refuses Paul O’Connor’s bid to take Damache issue to Supreme Court

court refuses paul o’connor’s bid to take damache issue supreme the of criminal appeal rejected an application certify a point law, finding that favourable answer would not advance pending and did meet statutory test. has refused by o’connor law for over effect ruling on his conviction. was convicte

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Courts Service · 2014-01-23 · courts

Supreme Court says Court of Criminal Appeal can consider revoking suspended sentence

supreme court says of criminal appeal can consider revoking suspended sentence the answered a certified question about jurisdiction in affirmative, upholding appeal’s authority to revocation under section 99. has ruled that (cca) is appropriate it imposed after quashing trial court’s and substitutin

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Courts Service · 2014-01-23 · courts

Court rejects Patchell’s bid to take Damache issue to Supreme Court

court rejects patchell’s bid to take damache issue supreme the of criminal appeal refused certify a proposed legal question after finding it fell short statutory threshold and that defence had conceded lawfulness arrest detention at trial. has rejected david application for certificate would have al

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Courts Service · 2014-01-23 · courts

Irish appeal court quashes drug-solicitation conviction over recordings made on final day

irish appeal court quashes drug-solicitation conviction over recordings made on final day the of criminal ruled that from 19 september 2010 were obtained under an invalid urgent approval and should not have gone to jury. it ordered a retrial, while leaving other issues unresolved. has quashed sunny

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Courts Service · 2014-01-22 · courts

High Court refuses to halt Cork drug trial despite four-year delay

high court refuses to halt cork drug trial despite four-year delay the found some blameworthy in serving summonses but declined prohibit summary trial, leaving applicant free challenge its fairness before judge. [2014] iehc 23 has refused prosecution of paul o’donoghue on four charges, finding that

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Courts Service · 2014-01-22 · courts

High Court orders CAB to disclose documents behind 2006 land-freezing order

high court orders cab to disclose documents behind 2006 land-freezing order jackson way properties sought records about the decision freeze land in carrickmines. ordered discovery of limited category requested while company’s damages proceedings remain ongoing. [2014] iehc 15 has criminal assets bur

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Courts Service · 2014-01-22 · courts

High Court orders Fuerta Limited wound up after prolonged failure to file returns

high court orders fuerta limited wound up after prolonged failure to file returns the found serious company-law non-compliance, no realistic alternative and impending prejudice as bank of scotland sought enforce security over a nursing-home investment. [2014] iehc 12 ordered finding that its annual

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Courts Service · 2014-01-22 · courts

High Court quashes Malaysian couple’s asylum appeal decision over overlooked evidence

high court quashes malaysian couple’s asylum appeal decision over overlooked evidence the found that refugee appeals tribunal had failed to consider documents submitted before hearing and misunderstood claims about political prosecution state protection. it sent their joint back for fresh considerat

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Courts Service · 2014-01-21 · courts

High Court refuses leave to challenge refusal to reopen subsidiary protection decision

high court refuses leave to challenge refusal reopen subsidiary protection decision justice mac eochaidh found the applicant had not shown an arguable legal error in department’s response. separate review of his deportation order remained under consideration. [2014] iehc 25 has refused seek judicial

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Courts Service · 2014-01-21 · courts

High Court refuses liquidator leave to disclaim Monard wastewater obligations

high court refuses liquidator leave to disclaim monard wastewater obligations the held that developer’s responsibility comply with planning conditions could not be disclaimed, and said council should cooperate activate a €140,000 bond. [2014] iehc 136 {'name': 'high court'} has refused liquidator’s

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Courts Service · 2014-01-20 · courts

High Court rejects challenge to tribunal’s handling of PTSD report in asylum case

high court rejects challenge to tribunal’s handling of ptsd report in asylum case the held that refugee appeals tribunal had adequately considered medical and dismissed judicial review. it did not decide respondents’ separate motion strike out proceedings. [2014] iehc 120 has an applicant’s review t

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Courts Service · 2014-01-17 · courts

High Court dismisses challenge to decision affirming deportation order

high court dismisses challenge to decision affirming deportation order the found minister had properly considered family circumstances and relevant rights in refusing revoke order. original itself was not challenged these proceedings. [2014] iehc 16 has dismissed a judicial review for justice’s agai

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Courts Service · 2014-01-17 · courts

High Court refuses bid to stop Limerick indecent assault trials

high court refuses bid to stop limerick indecent assault trials the rejected an application for judicial review brought days before trial, finding no basis prohibit proceedings over delay, alleged prejudice, age or health. [2014] iehc 5 has refused by anonymised applicant two circuit involving a tot

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Courts Service · 2014-01-17 · courts

District Court makes care order for child until 18

district court makes care order for child until 18 the found that child’s needs were unlikely to be met safely without round-the-clock support could not provided. [2014] iedc 02 an chúirt dúiche / made a child, identified in judgment as a, a’s 18th birthday, after finding by mother continuous was re

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Courts Service · 2014-01-17 · courts

High Court quashes Sudanese asylum appeal decision over errors in credibility and relocation findings

high court quashes sudanese asylum appeal decision over errors in credibility and relocation findings the found that refugee appeals tribunal had failed to engage properly with key documents made irrational on state protection internal relocation. it quashed remitted appeal. [2014] iehc 49 a refusin

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Courts Service · 2014-01-17 · courts

High Court dismisses appeal over Ombudsman’s refusal to hold oral hearing

high court dismisses appeal over ombudsman’s refusal to hold oral hearing the found no exceptional circumstances requiring an in a complaint about two high-risk property investments. appellant had legal advice and not requested hearing. [2014] iehc 6 dismissed mary dwyer’s against financial services

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Courts Service · 2014-01-17 · courts

High Court finds Polish probationer ‘fled’ before ruling on surrender

high court finds polish probationer ‘fled’ before ruling on surrender the rejected respondent’s objection that he had not fled poland, finding placed himself beyond reach of authorities. judgment records no final order. [2014] iehc 13 found a man sought by poland to serve unserved balance prison sen

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Courts Service · 2014-01-17 · courts

High Court orders partial inspection of documents in naturalisation challenge

high court orders partial inspection of documents in naturalisation challenge the permitted a recommendation and parts confidential note, but kept third document specified passages secret. it did not decide whether refusal was lawful. [2014] iehc 17 has ordered that an applicant challenging irish ce

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Courts Service · 2014-01-17 · courts

District Court directs joint referral for psychological assessment of two children

district court directs joint referral for psychological assessment of two children the set directions choosing a suitably qualified professional and sharing relevant documents, with mother entitled to provide contemporaneous objections or rebuttals. [2014] iedc 01 an chúirt dúiche / has directed app

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Courts Service · 2014-01-16 · courts

High Court rejects former solicitor’s defences in two NAMA debt cases

high court rejects former solicitor’s defences in two nama debt cases mr justice charleton ruled for national asset loan management ltd on a guarantee claim and separate property debt, rejecting estoppel constitutional challenges. the judgment says amounts due would be reflected court’s order. [2014

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Courts Service · 2014-01-15 · courts

High Court refuses applications to dismiss bankruptcy summonses against two businessmen

high court refuses applications to dismiss bankruptcy summonses against two businessmen the found signed share purchase agreement did not raise an arguable issue that transfers had settled judgment debts in full. [2014] iehc 14 has refused by brian o’neill and fergus rice brought sfs markets limited

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Courts Service · 2014-01-15 · courts

High Court refuses to renew personal injury summons after lengthy unexplained delay

high court refuses to renew personal injury summons after lengthy unexplained delay the found no good reason a that had gone unserved for years, and refused plaintiff’s application. it did not determine underlying claim. [2014] iehc 7 has an application was issued in 2004 but never served on defenda

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Courts Service · 2014-01-15 · courts

High Court finds jurisdiction to make child custody orders supporting proposed move to Ireland

high court finds jurisdiction to make child custody orders supporting proposed move ireland the said it would broadly equivalent a california order, but deferred settling their terms and refused mother’s separate application appoint father guardian. [2014] iehc 152 of has ruled that welfare by young

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Courts Service · 2014-01-15 · courts

High Court sets aside Ombudsman finding in disability insurance dispute

high court sets aside ombudsman finding in disability insurance dispute the found a serious and significant error ombudsman’s handling of teacher’s complaint directed fresh consideration specified medical evidence. it did not require an oral hearing or decide whether claim should be paid. [2014] ieh

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Courts Service · 2014-01-14 · courts

High Court dismisses kitchen supplier’s claim against German company for want of jurisdiction

high court dismisses kitchen supplier’s claim against german company for want of jurisdiction the held that a clause covered parties’ business relationship and dismissed proceedings. it said was unnecessary to decide agency issue in detail. [2014] iehc 3 has proceedings brought by bushell interiors

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Courts Service · 2014-01-14 · courts

High Court dismisses challenge to refusal of Zimbabwean woman’s asylum appeal

high court dismisses challenge to refusal of zimbabwean woman’s asylum appeal the found tribunal was entitled weigh applicant’s delayed claim and transit through other countries when assessing credibility. it dismissed her judicial review papers-only decision. [2014] iehc 9 has a refugee appeals dec

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Courts Service · 2014-01-14 · courts

High Court directs guesthouse rent to receiver after rejecting landlord’s objections

high court directs guesthouse rent to receiver after rejecting landlord’s objections the found no basis withhold over a disputed leasehold title or alleged bank overcharging, and directed that escrowed be transferred receiver. [2014] iehc 264 has lessee of dublin pay bank-appointed ordered held in e

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Courts Service · 2014-01-13 · courts

High Court quashes refugee decision over unanswered tribal membership claim

high court quashes refugee decision over unanswered tribal membership claim the found serious errors in applications commissioner’s assessment of a sudanese applicant’s and sent matter back for reconsideration. [2014] iehc 64 quashed negative recommendation on man’s claim, finding that commissioner

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Courts Service · 2014-01-13 · courts

High Court rejects challenge to Standards Commission investigation process

high court rejects challenge to standards commission investigation process the held that was considering a formal complaint from donegal’s mayor and county manager, rejected claim its members had be fluent in irish english. [2014] iehc 118 brian ó dómhnaill’s for public office into his expenses, hol

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Courts Service · 2014-01-13 · courts

High Court sends Garda clerical workers’ equal-pay case back to Labour Court

high court sends garda clerical workers’ equal-pay case back to labour the ruled that comparators must be drawn from generality of people doing work for or as members an síochána, then ordered rehear claim. it did not decide whether workers are entitled equal pay. [2014] iehc 11 has sent a group civ

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Courts Service · 2014-01-13 · courts

High Court sets aside €469,702 default judgment against supermarket company

high court sets aside €469,702 default judgment against supermarket company the found defendant had intended to contest claim and was taken by surprise when entered. its defence counterclaim since been filed. [2014] iehc 10 set a jv cummins (supermarkets) ltd after finding that proceedings way rulin

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Courts Service · 2014-01-13 · courts

High Court lets Beausang claims proceed to full hearing

high court lets beausang claims proceed to full hearing the refused an application strike out arising from property sale contracts and a later loan. it made no findings on whether alleged deceit or conspiracy occurred. [2014] iehc 1 has by irish life permanent plc two of its employees brought thomas

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Courts Service · 2014-01-10 · courts

High Court refuses interim stay of gas capacity reforms

high court refuses interim stay of gas capacity reforms the declined to suspend regulator’s within day direction while a judicial review challenge awaits substantive hearing. [2014] iehc 4 court, commercial has refused an or injunction sought by viridian power limited and huntstown company against c

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Courts Service · 2014-01-07 · courts

District Court grants care order for child until age 18

district court grants care order for child until age 18 the found statutory threshold a was met, approved plan and set conditions case to return court. [2014] iedc 05 court; children granted reaches 18, finding that child’s health, development welfare would suffer without an order. ruling followed t

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Courts Service · 2014-01-03 · courts

High Court refuses bid to release premature baby from interim care order

high court refuses bid to release premature baby from interim care order mr justice michael peart held that the district had sufficient evidence make a temporary order, while stressing test for full is higher. [2014] iehc 8 has refused an application made by court, finding there was at stage support

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