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Courts Service · 2014-02-28 · courts

High Court rules Mario Cafolla’s claim was settled in 1998

high court rules mario cafolla’s claim was settled in 1998 the decided a preliminary issue favour of bishop kilmore, finding that earlier settlement covered claims his 2012 proceedings. [2014] iehc 85 {'name': 'high court', 'country': 'ireland'} has ruled relating to sexual abuse by late father bren

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Courts Service · 2014-02-28 · courts

High Court sends Londis debt claim against former Athboy shop operator to plenary hearing

high court sends londis debt claim against former athboy shop operator to plenary hearing the refused summary judgment, finding that disputed signatures, contract dealings and claimed amounts raised issues requiring oral evidence. it made no final decision on liability. [2014] iehc 95 has agm plc’s

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Courts Service · 2014-02-28 · courts

Healy granted leave to defend Ulster Bank’s €612,712.96 claim

healy granted leave to defend ulster bank’s €612,712.96 claim the high court ruled that his argument he was a consumer under credit act sufficiently arguable for plenary hearing. it did not decide whether succeeds or breached. [2014] iehc 96 has allowed barry bank ireland limited’s €612,712.96, plus

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Courts Service · 2014-02-28 · courts

High Court confirms schemes for Flannery’s companies despite examiner’s breach of duty

high court confirms schemes for flannery’s companies despite examiner’s breach of duty the found that examiner failed to disclose a director’s role in an investment bid, but confirmed modified after secured creditor vanguard withdrew its objection. [2014] iehc 86 arrangement three connected with pub

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Courts Service · 2014-02-28 · courts

High Court rules Farrell’s personal injury action was not time-barred

high court rules farrell’s personal injury action was not time-barred the treated 14 november 2012, when an amended authorisation sent, as relevant date for calculating limitation period. [2014] iehc 100 has ruled that cieran proceedings against board of management st kevin’s cbs arklow were barred

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Courts Service · 2014-02-28 · courts

High Court dismisses man’s negligence claim over accidental Garda collision during Dublin riot

high court dismisses man’s negligence claim over accidental garda collision during dublin riot the found that a member of public order unit probably knocked plaintiff down, but ruled was not negligent in circumstances. [2014] iehc 128 dismissed against commissioner and other state defendants injurie

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Courts Service · 2014-02-28 · courts

High Court rejects damages claim over mistaken criminal record raised in Sligo court

high court rejects damages claim over mistaken criminal record raised in sligo the held that immunity for statements made proceedings also barred plaintiff’s negligence and breach of duty claims arising from mistake. [2014] iehc 99 dismissed damian jeffery’s action after a garda member mistakenly to

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Courts Service · 2014-02-28 · courts

High Court rejects AIBP bid to dismiss factory injury claim after long delay

high court rejects aibp bid to dismiss factory injury claim after long delay the found in prosecuting ann vernon’s case was inordinate but excusable, and concluded a fair trial could still be held. [2014] iehc 98 has rejected limited’s application personal proceedings for want of prosecution, findin

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Courts Service · 2014-02-28 · courts

High Court refuses leave to challenge DPP’s refusal to reconsider decision not to prosecute

high court refuses leave to challenge dpp’s refusal reconsider decision not prosecute the ruled that applicant had shown an arguable case for judicial review. his us extradition proceedings remained separate and pending. [2014] iehc 139 of ireland has refused ali charaf damache bring a second review

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Courts Service · 2014-02-28 · courts

High Court rejects appeal over €5,000 award in investment complaint

high court rejects appeal over €5,000 award in investment complaint the upheld financial services ombudsman’s decision to compensation for unclear risk assessment documents, finding no serious or significant error process. [2014] iehc 111 has dismissed an by martin o’brien against a ombudsman on his

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Courts Service · 2014-02-28 · courts

High Court refuses discovery request in David Norris defamation case

high court refuses discovery request in david norris defamation case the ruled that documents concerning norris’s support for poet cathal ó searcaigh and correspondence with israeli courts were not shown to be necessary a fair disposal of action. [2014] iehc 84 refused an application by helen lucy b

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Courts Service · 2014-02-28 · courts

High Court sets aside tax payment order and allows solicitor to defend claim

high court sets aside tax payment order and allows solicitor to defend claim the found an arguable defence revenue’s for more than €1.66 million, but made no final decision on whether is owed or revenue bound by solicitor’s undertaking. [2014] iehc 94 has set requiring owen swaine pay million in tax

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Courts Service · 2014-02-28 · courts

High Court proposes allowing lighting contractor to pursue contribution notice

high court proposes allowing lighting contractor to pursue contribution notice the said an earlier stay appeared cover entire action, so it must be varied or replaced before proposed can served. [2014] iehc 97 fourth-named defendant in a dispute over school pitch serve of indemnity and on third-name

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Courts Service · 2014-02-28 · courts

High Court refuses to dismiss historical abuse claim over delay

high court refuses to dismiss historical abuse claim over delay the found plaintiff’s in bringing proceedings was excusable and rejected sisters’ argument that age of created a real serious risk an unfair trial. [2014] iehc 101 has refused woman’s personal injuries action alleging physical sexual at

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Courts Service · 2014-02-27 · courts

Supreme Court judge says Ó Maicín was not entitled to a jury able to hear trial evidence in Irish without translation

supreme court judge says ó maicín was not entitled to a jury able hear trial evidence in irish without translation separate judgment dated 27 february 2014, clarke j concluded that the sought would require excluding significant group of otherwise qualified jurors, contrary constitutional requirement

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Courts Service · 2014-02-27 · courts

Supreme Court judge rejects call for bilingual jury in Galway trial

supreme court judge rejects call for bilingual jury in galway trial justice john macmenamin agreed with the proposed dismissal of peadar ó maicín’s appeal, reasoning that a panel could not be tailored to ensure it consisted irish speakers. judgment concerns his and does set out court’s formal order.

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Courts Service · 2014-02-27 · courts

High Court quashes Afghan asylum appeal decision over factual errors and unclear reasoning

high court quashes afghan asylum appeal decision over factual errors and unclear reasoning the set aside refugee appeals tribunal’s refusal sent back for a fresh by different tribunal member. [2014] iehc 161 has quashed refusing an applicant status, finding that made material error about supporting

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Courts Service · 2014-02-27 · courts

High Court refuses injunction over bank’s mortgage appeal process

high court refuses injunction over bank’s mortgage appeal process the dismissed an interim application by a borrower seeking to restrain enforcement of security his home, finding no fair issue be tried on evidence before it. [2014] iehc 191 refused interlocutory sought sean mcguinness allied irish b

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Courts Service · 2014-02-27 · courts

Supreme Court judge would allow Irish speaker’s appeal over jury language

supreme court judge would allow irish speaker’s appeal over jury language in a separate judgment, hardiman j said the appellant was entitled to able understand evidence directly, but grant only declaration. of ireland have allowed an by galway man seeking irish-language without interpreter, granted

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Courts Service · 2014-02-27 · courts

Supreme Court judge says Irish speaker is entitled to jury that understands Irish directly

supreme court judge says irish speaker is entitled to jury that understands directly in a divided appeal, hardiman j would have allowed peadar ó maicín’s appeal and declared he was an irish-speaking jury. proposed granting only declaration, with no other relief. maicín be tried before could understa

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Courts Service · 2014-02-27 · courts

Supreme Court judge would dismiss appeal for bilingual jury in Irish-language trial

supreme court judge would dismiss appeal for bilingual jury in irish-language trial a separate judgment dated 27 february 2014, john macmenamin said the pool could not be tailored to guarantee jury, while recognising appellant’s rights use irish and receive translation support. of ireland an seeking

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Courts Service · 2014-02-27 · courts

Supreme Court dismisses appeal for Irish-speaking jury in Galway trial

supreme court dismisses appeal for irish-speaking jury in galway trial the concluded state could not provide a fully competent irish appellant’s under proposed arrangement. was dismissed. has dismissed an by peadar ó maicín, who sought his on two alleged offences galway. judgment, delivered o’neill

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Courts Service · 2014-02-27 · courts

High Court dismisses jewellers’ action after finding delay made fair trial unlikely

high court dismisses jewellers’ action after finding delay made fair trial unlikely the dismissed a claim over alleged use of former jewellery business’s goodwill, citing inordinate and inexcusable prejudice to defence. [2014] iehc 396 has thomas rosaleen mccormack’s against oliver rouse that plaint

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Courts Service · 2014-02-27 · courts

High Court refuses leave to challenge asylum decisions over age assessment and paper appeal

high court refuses leave to challenge asylum decisions over age assessment and paper appeal the found no flaw in or refugee applications commissioner’s decision that led a paper-only appeal, said there were special circumstances for late challenge. [2014] iehc 90 has refused mother daughter seek jud

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Courts Service · 2014-02-27 · courts

High Court refuses bid to make former director personally liable for costs

high court refuses bid to make former director personally liable for costs the revenue and other defendants sought join niall o’dowling after he helped fund a company’s unsuccessful vrt challenge. refused application. [2014] iehc 256 has an application awarded against used car importers of ireland l

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Courts Service · 2014-02-27 · courts

Supreme Court dismisses appeal for Irish-speaking jury without translation

supreme court dismisses appeal for irish-speaking jury without translation clarke j. concluded that requiring a competent to hear the trial in irish would exclude significant group of otherwise qualified jurors and undermine representativeness. dismissed peadar ó maicín’s seeking able understand eng

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Courts Service · 2014-02-27 · courts

Joan Collins awarded 75% of costs after losing constitutional challenge

joan collins awarded 75% of costs after losing constitutional challenge the high court divisional said novel and far-reaching issues warranted a partial award, despite her to legislation governing financial support for credit institutions. [2014] iehc 79 (divisional court) has costs, including reser

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Courts Service · 2014-02-27 · courts

High Court allows contract claim against Belgian hospital to proceed in Ireland

high court allows contract claim against belgian hospital to proceed in ireland the found it had consumer-contract jurisdiction over hospital, while dismissing negligence surgeon for lack of jurisdiction. [2014] iehc 88 has ruled that aidan mcdonald may pursue a treatment there, but dismissed his mr

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Courts Service · 2014-02-26 · courts

Supreme Court rules on form of consent order in Quinn litigation appeal

supreme court rules on form of consent order in quinn litigation appeal the directed that an express provision for sharing non-privileged information with ibrc be included order, finding it reflected settlement’s agreed substance. ireland its arising from involving irish bank resolution corporation

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Courts Service · 2014-02-26 · courts

Supreme Court dismisses appeal over delay in army deafness claim

supreme court dismisses appeal over delay in army deafness claim the upheld high court’s dismissal of patrick joseph kilcoyne’s personal injury action, finding that prosecuting it was inordinate and inexcusable balance justice weighed against allowing to proceed. has dismissed an by kilcoyne his all

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Courts Service · 2014-02-26 · courts

High Court finds child was not habitually resident in State A

high court finds child was not habitually resident in state a the preliminary ruling resolved first issue hague convention return application. left further orders for later hearing. [2014] iehc 92 found that 15-year-old october 2012, when she came to ireland with her mother. determined father’s appl

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Courts Service · 2014-02-26 · courts

Supreme Court bars trial after police lost vital CCTV evidence

supreme court bars trial after police lost vital cctv evidence the found an unavoidable risk of unfair because missing footage was only objective that could test identification at heart prosecution case. allowed john stirling’s appeal and granted judicial review, concluding his district should not p

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Courts Service · 2014-02-25 · courts

Supreme Court overturns refusal of bail after finding no evidence applicant would intimidate witnesses

supreme court overturns refusal of bail after finding no evidence applicant would intimidate witnesses the held that high could infer complainants had been intimidated, but there was not enough to show involved or likely interfere with witnesses. court; appeal from has allowed an by a man whose refu

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Courts Service · 2014-02-25 · courts

High Court grants Permanent TSB possession of three Fairview properties

high court grants permanent tsb possession of three fairview properties the granted after finding that loans secured on were in default. it left any ancillary orders and question a stay for further hearing. [2014] iehc 81 has an order avenue, dublin, whether should be mr justice brian j. mcgovern de

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Courts Service · 2014-02-25 · courts

High Court upholds continued segregation of three Portlaoise prisoners, orders regular reviews

high court upholds continued segregation of three portlaoise prisoners, orders regular reviews the found reasonable grounds for on security grounds, but said prolonged measure required review by prisons director general at least every months. [2014] iehc 77 upheld prisoners prison, finding that evid

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Courts Service · 2014-02-25 · courts

High Court orders release after ruling District Court lacked jurisdiction to convict man

high court orders release after ruling district lacked jurisdiction to convict man the found that accused had not been told of his statutory right elect a jury trial before case was tried summarily. it held continued detention unlawful and directed under article 40.4.2. {'text': '[2014] iehc 76'} {'

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Courts Service · 2014-02-21 · courts

High Court refuses challenge to decision affirming Nigerian man’s deportation order

high court refuses challenge to decision affirming nigerian man’s deportation order the rejected family’s judicial review of minister’s refusal revoke order, finding had fairly considered material before minister. [2014] iehc 83 has refused a minister for justice’s affirm against r.o., national and

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Courts Service · 2014-02-21 · courts

High Court dismisses appeal over possession order for Kerry property

high court dismisses appeal over possession order for kerry property the held that mortgage terms made principal due after a payment default lasting month, without requiring demand before 2009 law change. [2014] iehc 70 dismissed colin hayes and jennifer fitzgerald’s against circuit granting of thei

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Courts Service · 2014-02-21 · courts

Supreme Court rejects Superwood bid to revive dismissed appeal

supreme court rejects superwood bid to revive dismissed appeal the said it had no pending in which consider new evidence or other relief sought, after was 2004. has an application by six companies re-enter that 2004, ruling remained for consider. a judgment delivered on 21 february 2014, mr justice

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Courts Service · 2014-02-21 · courts

Receiver granted interim fees as High Court seeks fuller accounts

receiver granted interim fees as high court seeks fuller accounts the ordered payment on account of €77,490 to and €128,558 for solicitors’ costs, while leaving final assessment both unresolved. [2014] iehc 675 court, commercial payments a his solicitors but did not finally assess either account, fi

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Courts Service · 2014-02-21 · courts

Supreme Court orders deportation restraint while judicial reviews proceed

supreme court orders deportation restraint while judicial reviews proceed the found an arguable case and a credible basis for real risk of significant harm, but left underlying disputes review proceedings. allowed appeal by anonymised congolese woman ordered that she not be deported two applications

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Courts Service · 2014-02-21 · courts

High Court orders six months’ sick pay for three Lisheen mine managers

high court orders six months’ sick pay for three lisheen mine managers the found had a strong case that their employer should have considered extending beyond weeks. it refused requests to stop possible disciplinary action and require an independent grievance inquiry. [2014] iehc 73 ordered vedanta

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Courts Service · 2014-02-21 · courts

High Court orders Denis O’Brien added as co-defendant in GSM licence case

high court orders denis o’brien added as co-defendant in gsm licence case the ruled his participation was necessary to resolve issues effectively and completely, while leaving plaintiffs free not pursue a claim against him. [2014] iehc 78 has ordered be judicial review action arising from 1996 award

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Courts Service · 2014-02-21 · courts

High Court allows Ulster Bank appeal in possession case

high court allows ulster bank appeal in possession case the held that mortgage made full debt due after a payment default lasting at least month, allowing to seek under former law. it allowed but did not itself make order. [2014] iehc 69 has ireland limited’s circuit refused its application for of p

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Courts Service · 2014-02-20 · courts

High Court rules poor-box option unavailable for speeding offence carrying mandatory penalty points

high court rules poor-box option unavailable for speeding offence carrying mandatory penalty points the refused a judicial review application by pensioner who had pleaded guilty to speeding, holding that statutory penalty-points scheme left district no power substitute donation conviction. [2014] ie

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Courts Service · 2014-02-20 · courts

High Court refuses leave to challenge refusal of adjournment in child’s asylum appeal

high court refuses leave to challenge refusal of adjournment in child’s asylum appeal the said applicant had not identified evidence that an would have enabled her submit, or shown prejudice from its exclusion. [2014] iehc 75 refused a minor’s application for seek judicial review over refugee appeal

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Courts Service · 2014-02-20 · courts

High Court strikes out claim against minister, Ireland and Attorney General

high court strikes out claim against minister, ireland and attorney general the ruled that pleadings disclosed no reasonable cause of action three defendants who brought motion. wider proceedings other were not decided by this order. [2014] iehc 72 has struck minister for justice law reform, general

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Courts Service · 2014-02-19 · courts

Supreme Court dismisses moot appeal over minor’s emergency care detention

supreme court dismisses moot appeal over minor’s emergency care detention the challenged a high refusal to order child’s release, but child had returned parental custody under supervision before considered whether hear it. dismissed concerning an after finding that become and did not qualify for exc

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Courts Service · 2014-02-19 · courts

High Court rules Dundalk pitches remained under seniority rules and declares bookmaker boycott unlawful

high court rules dundalk pitches remained under seniority and declares bookmaker boycott unlawful the found redeveloped track was same racecourse for purposes of pitch rules. it also held that peaceful protests were lawful subject to limits on personal abuse. [2014] iehc 60 ruled stadium racing indu

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Courts Service · 2014-02-18 · courts

Supreme Court dismisses appeal over security on three Clearwater Cove houses

supreme court dismisses appeal over security on three clearwater cove houses the held that high could hear receiver’s application and found no established agreement requiring bank or company to release their interests in houses. has dismissed an by michael fortune cyril barden at development rosslar

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Courts Service · 2014-02-18 · courts

Supreme Court says blanket handcuffing policy made drink-driving arrest unlawful

supreme court says blanket handcuffing policy made drink-driving arrest unlawful the answered a case stated about of peter cullen, ruling that officer’s every suspect without considering individual circumstances this unlawful. it did not decide constitutional-rights or exclusionary-rule question. ru

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Courts Service · 2014-02-18 · courts

Supreme Court judge says unjustified handcuffing did not invalidate arrest in drink-driving case

supreme court judge says unjustified handcuffing did not invalidate arrest in drink-driving case a judgment delivered on 18 february 2014, justice clarke agreed that peter cullen was but considered the itself lawful. he left admissibility of breath-test certificate unresolved pending consideration e

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Courts Service · 2014-02-18 · courts

High Court finds Christian Brothers congregation negligent over abuse by Brother F.

high court finds christian brothers congregation negligent over abuse by brother f. mr justice cross rejected the congregation’s delay and limitation defences assessed damages at €370,000. judgment excerpt ends with that assessment does not include a formal order. [2014] iehc 61 found for failing to

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Courts Service · 2014-02-14 · courts

High Court quashes Dublin boiler-maintenance tender after finding procurement rules unclear

high court quashes dublin boiler-maintenance tender after finding procurement rules unclear the found that city council’s documents did not clearly explain what tenderers had to submit on replacement parts and turnover. it quashed entire process in first module of gaswise’s challenge. [2014] iehc 56

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Courts Service · 2014-02-14 · courts

High Court lifts permanent stay on Flynn’s medical negligence claims against three hospitals

high court lifts permanent stay on flynn’s medical negligence claims against three hospitals the appeals judge said had an appropriate basis to proceed, but required a expert report within 12 months or could seek dismissal. [2014] iehc 87 has allowed part of appeal by laurence flynn stays imposed hi

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Courts Service · 2014-02-14 · courts

High Court refuses appeal certificate in deportation case

high court refuses appeal certificate in deportation case the said applicants had not shown that their proposed legal question met statutory test for an to supreme court. [2014] iehc 62 refused applicants’ request a would allow them over court’s earlier rejection of challenge order against m.e. appl

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Courts Service · 2014-02-14 · courts

Supreme Court upholds stay of Websense debt case pending Italian proceedings

supreme court upholds stay of websense debt case pending italian proceedings the dismissed international’s appeal, finding irish and actions closely connected. leaves to decide first whether it has jurisdiction. international technology limited’s appeal against a its recovery company itway spa. held

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Courts Service · 2014-02-13 · courts

High Court refuses leave to challenge rejection of minor’s asylum claim

high court refuses leave to challenge rejection of minor’s asylum claim the held that child’s depended on his mother’s rejected somali nationality and refused seek judicial review. [2014] iehc 55 a minor applicant review refugee appeals tribunal’s decision upholding refusal claim. relied earlier nat

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Courts Service · 2014-02-13 · courts

High Court rejects Bloxham challenge to Irish Stock Exchange expulsion

high court rejects bloxham challenge to irish stock exchange expulsion the found ise’s december 2012 decision terminate firm’s membership was made in good faith and for benefit of as a whole. [2014] iehc 93 court, commercial has rejected by liquidator exchange’s 2012. faith, supported sufficient und

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Courts Service · 2014-02-13 · courts

High Court quashes refusal of Somali refugee’s family reunification application

high court quashes refusal of somali refugee’s family reunification application the held that likely reliance on social welfare could not justify refusing qualifying dependent relatives under section 18(4), and found minister’s proportionality assessment unlawful. [2014] iehc 57 has quashed a minist

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Courts Service · 2014-02-12 · courts

High Court orders targeted discovery over proposed sale of businessman’s loans

high court orders targeted discovery over proposed sale of businessman’s loans mr justice michael white ordered six defendants to disclose material about efforts acquire patrick mckillen’s ibrc loan facilities, covering 1 january 2011 7 february 2013. the underlying claims remain for trial. [2014] i

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Courts Service · 2014-02-11 · courts

High Court sends hotel arbitration back for review of excluded documents

high court sends hotel arbitration back for review of excluded documents the ordered arbitrator to reconsider award after he did not examine 17 files owner had offered as evidence. it also directed reconsideration claimed fee calculations if management company remains entitled payment. [2014] iehc 5

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Courts Service · 2014-02-10 · courts

High Court orders immediate release after errors invalidate detention renewal order

high court orders immediate release after errors invalidate detention renewal order the found that a for an anonymised patient was defective on its face because it cited wrong statutory provision and incorrect expiry date. [2014] iehc 58 ordered of detained at connolly hospital finding in meant did

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Courts Service · 2014-02-07 · courts

High Court extends time for appeal steps in drunk-driving case

high court extends time for appeal steps in drunk-driving case the refused dpp’s bid to strike out a stated appeal, allowing written notice be served before is retransmitted. [2014] iehc 53 an application man’s against his conviction, extending him serve of and then retransmit court. concerned convi

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Courts Service · 2014-02-07 · courts

Supreme Court upholds early discovery of RTE footage shown to crèche parents

supreme court upholds early discovery of rte footage shown to crèche parents the dismissed rte’s appeals, allowing plaintiffs obtain recordings before they deliver statements claim. it made no ruling on whether broadcasts were defamatory. has two appeals by raidió teilifís éireann (rte) and upheld o

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Courts Service · 2014-02-07 · courts

High Court allows councillor’s appeal against receiver over future payments

high court allows councillor’s appeal against receiver over future payments the held that equitable execution could not reach statutory entitlement to emoluments, and said an instalment order would have been a more straightforward route. [2014] iehc 59 allowed directing roscommon county council pay

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Courts Service · 2014-02-07 · courts

Supreme Court makes no order on irregular appeal over tax attachment

supreme court makes no order on irregular appeal over tax attachment the said proper proceedings had been initiated in high and valid was before it. made john hanrahan’s application concerning a revenue commissioners’ notice of attachment, ruling that there proceeding either or court. judgment deliv

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Courts Service · 2014-02-07 · courts

High Court refuses challenge to transferred prisoner’s continued detention

high court refuses challenge to transferred prisoner’s continued detention the held that a 16-year english prison sentence remained enforceable in ireland, including after applicant’s expected uk conditional release date. [2014] iehc 150 of ireland refused vincent sweeney’s application for judicial

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Courts Service · 2014-02-07 · courts

High Court refuses to dismiss long-running Interlink franchise claims

high court refuses to dismiss long-running interlink franchise claims the found 15-year delay was inordinate but excusable, and rejected defendant’s applications strike out require security for costs. [2014] iehc 74 has refused ireland limited’s two over a northern or corporate plaintiff provide mr

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Courts Service · 2014-02-07 · courts

High Court dismisses appeal over half-rate contributory pension

high court dismisses appeal over half-rate contributory pension the held that overlapping employment and self-employment contributions could not be counted beyond 52 qualifying weeks in a contribution year, dismissed philip meagher’s appeal. [2014] iehc 39 has seeking declaration he qualified for sp

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Courts Service · 2014-02-07 · courts

High Court orders limited discovery in investor’s case against IBRC

high court orders limited discovery in investor’s case against ibrc the allowed some document requests by both sides, refused others and set transaction-date limits on concerning four investment funds. [2014] iehc 63 court, commercial has ruled outstanding a brought sean o’driscoll irish bank resolu

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Courts Service · 2014-02-07 · courts

High Court refuses bid to stop long-delayed sexual-offence trial

high court refuses bid to stop long-delayed sexual-offence trial the found accused had not shown a real risk that missing medical records and witnesses would make his unfair. [2014] iehc 65 has refused an application prosecution of man facing 160 alleged sexual offences, finding he evidence created

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Courts Service · 2014-02-06 · courts

High Court awards €1.1m to three families over defects in Strandhill homes

high court awards €1.1m to three families over defects in strandhill homes a damages assessment following default judgments against several defendants, the awarded compensation buyers of and deferred their claims homebond. [2014] iehc 37 total €1,099,070 sets homeowners extensive houses at strandhil

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Courts Service · 2014-02-06 · courts

Man sentenced to 15 years for raping two daughters over 13 years

man sentenced to 15 years for raping two daughters over 13 the high court ordered concurrent sentences rape convictions, suspended final three subject conditions, and imposed additional orders. [2014] ieccc 1 court; central criminal a identified in judgment as a.b. was by years’ imprisonment each of

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Courts Service · 2014-02-05 · courts

High Court refuses inquiry into Midlands Prison detention

high court refuses inquiry into midlands prison detention the declined to investigate a prisoner’s after finding no further matter required an under article 40.4.2. [2014] iehc 46 has refused application for legality of paul o’connor’s at prison, ruling that his was in accordance with law. mr justic

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Courts Service · 2014-02-05 · courts

High Court finds nightclub failed in floor care after woman’s fall

high court finds nightclub failed in floor care after woman’s fall the found that a build-up on restaurant compromised its slip resistance and breached club defendants’ duty of care. it awarded plaintiff €56,000 for pain, suffering embarrassment. [2014] iehc 44 cleaning maintenance system at barcode

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Courts Service · 2014-02-05 · courts

High Court awards €170,000 after Ashbourne roundabout crash

high court awards €170,000 after ashbourne roundabout crash the awarded damages for injuries and past lost earnings, but rejected plaintiff’s claim future loss of earnings. [2014] iehc 42 yvon mccarthy in arising from a december 2008 road at nine mile stone ashbourne, co meath. award covered general

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Courts Service · 2014-02-05 · courts

High Court says theft charge can use a company’s trading name if it clearly identifies the owner

high court says theft charge can use a company’s trading name if it clearly identifies the owner answering questions referred by district court, mr justice hogan held that sheet need not exact registered used gives reasonable information and is misleading. [2014] iehc 104 ruled does have to state wi

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Courts Service · 2014-02-05 · courts

Hospital liable after hernia surgery led to loss of patient’s testicle, High Court finds

hospital liable after hernia surgery led to loss of patient’s testicle, high court finds the found that unduly vigorous handling during damaged testicular artery. it awarded €75,526 in damages, including agreed special damages. [2014] iehc 43 has mercy university cork limited negligence a patient lo

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Courts Service · 2014-02-05 · courts

High Court grants bank €736,948.45 judgment in loan dispute

high court grants bank €736,948.45 judgment in loan dispute the rejected a borrower’s request to defend claim on basis that was non-recourse, finding proposed defence clearly contradicted by written terms. [2014] iehc 45 granted danske a/s trading as national irish for against ken mulvaney, after ru

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Courts Service · 2014-02-04 · courts

High Court refuses injunction over Edenderry property

high court refuses injunction over edenderry property the dismissed joseph delaney’s application to restrain a bank and two receivers from dealing with property, finding no established entitlement disputed lease for purpose of injunction. [2014] iehc 47 has an by delaney prevent allied irish trespas

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Courts Service · 2014-02-04 · courts

High Court sends Smiths’ Ulster Bank complaint back for fresh consideration

high court sends smiths’ ulster bank complaint back for fresh consideration the set aside financial services ombudsman’s finding after concluding that refusing an oral hearing prevented smiths from testing disputed facts. it made no decision on underlying merits of their complaint. [2014] iehc 40 ha

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