Courts Service · 2014-04-30 · courts
high court cuts family law assessor’s fees by €22,050 after measuring costs the reduced hours claimed a section 47 assessor 147, bringing his total fee claim of €79,874.36 down €22,050. existing 50/50 apportionment between parties was outside issue before judge. [2014] iehc 690 reports and attendanc
Report a correction · Ask for more detail
Courts Service · 2014-04-30 · courts
high court sends solicitors’ jurisdiction challenge to plenary hearing a dispute over whether client instructed northern ireland solicitors start proceedings in cannot be resolved on affidavits, mr justice barr ruled. [2014] iehc 289 the has sent application solicitor negligence and breach of contra
Report a correction · Ask for more detail
Courts Service · 2014-04-30 · courts
criminal appeal court dismisses piotrowski’s conviction the refused to admit further evidence and upheld jury’s convictions. separate against sentence remained be heard. of has dismissed edward his convictions for offences arising from an incident at a house in midlands november 2007. also applicati
Report a correction · Ask for more detail
Courts Service · 2014-04-29 · courts
high court finds ben gilroy in contempt over role kildare land protest the ruled that breached a 2012 injunction during events at kennycourt stud august 2013. it had not yet decided what sanction to impose. [2014] iehc 219 found for breaching an stud, county kildare, on 31 said he helped organise an
Report a correction · Ask for more detail
Courts Service · 2014-04-29 · courts
high court confirms examiner for mount wolseley companies the found a reasonable prospect that three related could survive as going concerns, while leaving viability and fairness of any future restructuring scheme unresolved. [2014] iehc 253 confirmed appointment an to hotel, golf country club lisma
Report a correction · Ask for more detail
Courts Service · 2014-04-29 · courts
high court refuses injunction against receivers appointed over two commercial properties the found borrower had not shown an arguable case for stopping receivers, while leaving open arguments in any future application concerning his family home. [2014] iehc 236 has refused james ryan’s interlocutory
Report a correction · Ask for more detail
Courts Service · 2014-04-29 · courts
high court orders release of man held under pre-marriage deportation order the found could no longer be used after applicant married a czech eu citizen, and directed his following an article 40.4.2 inquiry. [2014] iehc 218 ordered nigerian national from wheatfield prison, finding that made before ma
Report a correction · Ask for more detail
Courts Service · 2014-04-29 · courts
council’s €1.93m landfill levy claim sent to plenary hearing the high court refused cork county application for summary judgment against valentine o’driscoll, finding it could not say he had no arguable defence. [2014] iehc 243 has seeking €1,934,208 from o’driscoll over levies and interest. mr just
Report a correction · Ask for more detail
Courts Service · 2014-04-28 · courts
high court rejects hoares’ bank claim but rules €1.844m guarantee had been extinguished the found no breach of duty by receivers and binding forbearance agreement. a prior €7.45m judgment for allied irish banks remains in force, while bank’s was dismissed. [2014] iehc 221 court, commercial has rejec
Report a correction · Ask for more detail
Courts Service · 2014-04-28 · courts
high court appoints examiner to furniture businesses pelko and holdings the found insolvent but capable of survival if debts were restructured, said an early examinership could reduce risk a disorderly collapse. [2014] iehc 226 appointed ltd its parent company, ltd, after finding satisfied that had
Report a correction · Ask for more detail
Courts Service · 2014-04-23 · courts
high court refuses challenge by man who said he was trafficked into cannabis growhouse the found his detention in amounted to servitude, but not satisfied that had been ireland or drugs offences followed directly from trafficking. [2014] iehc 214 has refused an application win lin challenging at clo
Report a correction · Ask for more detail
Courts Service · 2014-04-18 · courts
high court finds boy’s detention lawful after bail refusal the rejected a challenge to child’s remand in custody, while noting that further application might be considered. [2014] iehc 222 has refused an challenging lawfulness of at oberstown school children’s district denied him on two charges. rul
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court refuses declarations over closed tipperary courthouse the found no statutory duty to keep a particular open at location and declined sought by six solicitors. [2014] iehc 259 refused solicitors’ request for that courts service was in breach of its duties closure courthouse. mr justice bir
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court grants bank of scotland relief in €155,841.73 mortgage claim the rejected anne hickey’s proposed defence to bank’s over a saggart property, finding that her affidavit did not establish an arguable case. [2014] iehc 202 has granted plc reliefs it sought against hickey, after she had establ
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court refuses early dismissal of child’s refugee status challenge the declined to strike out judicial review before statutory leave hearing, despite criticism grounds, and listed case for an hearing. [2014] iehc 223 has refused application by minister justice equality appeals tribunal dismiss o
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court refuses leave to challenge rejection of egyptian man’s refugee claim the found a flaw in tribunal’s internal relocation reasoning but said it was not substantial enough quash decision. refused seek judicial review. [2014] iehc 207 has an man review appeals tribunal decision rejecting his
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court quashes refusal of west kerry road scheme over cyclist and pedestrian needs the found an bord pleanála had failed to consider all users before rejecting county council’s n86 improvement proposal. it sent matter back board for reconsideration. [2014] iehc 238 has quashed pleanála’s a propo
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court rejects challenge to woman’s detention after finding garda entry and interview were voluntary the found that applicant freely allowed an immigration officer into her home chose go station. it declined grant orders sought in article 40.4 inquiry. [2014] iehc 215 has by a woman challenging
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court consolidates two ballymun pyrite claims the ordered james elliot construction limited’s case and regeneration against four defendants to proceed as consolidated actions, finding common facts likely cost savings, with no rational basis expect confusion or a miscarriage of justice. [2014] i
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court orders equal weekly custody in judicial separation case the granted a decree of and directed joint with children spending alternate weeks each parent. it reserved submissions on final form order. [2014] iehc 257 court; family has to couple identified as r.s. t.s., that their two spend par
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court rejects retired garda’s challenge over failure to explain attendance the held that garda authorities could require an adequate response about a serving officer’s off-duty presence at criminal trial, and refused judicial review of disciplinary decisions. [2014] iehc 201 has application ove
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court strikes out several claims in autistic man’s arrest case, leaves constitutional to proceed the ruling concerned pleadings at a preliminary stage, not whether or alleged use of restraints was lawful. [2014] iehc 213 has struck case brought by severely man over his and detention, while allo
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court restores €29,919 default judgment in meat-supply debt dispute the ruled that service by registered post complied with rules and found no reasonable prospect of success respondent’s proposed defence. [2014] iehc 212 has restored a €29,919.16 against butcher over money claimed for meat rela
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court dismisses security officer’s working-time appeal the held that employer’s break arrangements met requirements for compensatory rest under security-worker exemption. [2014] iehc 199 dismissed a over breaks during eight-hour shifts, finding made by his employer organisation of working time
Report a correction · Ask for more detail
Courts Service · 2014-04-11 · courts
high court dismisses negligence claim over spinal surgery and later paralysis the found surgeon was not negligent in proceeding without cord monitoring or directing rehabilitation, while cause of patient’s neurological decline remained unexplained. [2014] iehc 211 has dismissed a action brought by m
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
high court grants €1.25m summary judgment over property loan the entered for national asset management ltd against michael barker after rejecting defences raised in his affidavit. [2014] iehc 216 court, commercial has €1,249,366.16 architect a case brought by connected to pub and adjoining land co c
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
appeal court quashes conviction after garda evidence went beyond notice the of criminal ruled that a chief superintendent’s unnotified claims about alleged ira activity should have been disregarded. [2014] iecca 37 has quashed sean farrell’s for membership an unlawful organisation finding superinten
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
supreme court rejects minister’s appeal over 14-day limit in asylum judicial review the held statutory breached eu law’s equivalence principle, but found no breach of effectiveness principle on evidence this case. it dismissed appeal, leaving high court’s grant leave to seek place. against a order a
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
high court awards investor €2.1m over davy’s negligent cfd advice the found davy failed to assess james haughey’s circumstances and suitability for complex, leveraged trading. it awarded him €2,099,621 in damages. [2014] iehc 206 court, commercial has haughey after finding that stockbroker j&e tradi
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
supreme court allows state appeal over 14-day limit in asylum judicial review the held that statutory time did not breach eu law’s principle of equivalence and dismissed family’s application as out time. allowed state’s a challenge brought by failed seekers, holding for bringing case eu-law equivale
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
high court refuses motions over bankruptcy search warrant and seized property the rejected applications to cross-examine official assignee challenge a premises in straffan. ownership disputes their contents may still require resolution. [2014] iehc 285 has refused bankrupt’s invalidate used at 19 ch
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
supreme court says district could remand accused despite judicial review stay the allowed governor’s appeal, holding that suspended criminal proceedings but did not remove court’s jurisdiction to make orders needed keep them in being. an appeal by governor of saint patrick’s institution, a high prev
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
supreme court dismisses appeal over reinstated cork land claim the held that proceedings could be amended to restore a concerning folio 23312, and dismissed appeal. it did not decide underlying debt dispute. fergus appelbe’s reinstatement of against in county cork, ruling include 23312. concerned pr
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
supreme court upholds district remand despite high stay the appeal concerned whether a in judicial review proceedings prevented further remand. agreed it did not, while leaving separate jurisdiction question undecided. that not prevent from remanding michael farrell, also known as regan, custody on
Report a correction · Ask for more detail
Courts Service · 2014-04-10 · courts
high court refuses to dismiss cassidy’s claim over delay, leaving prejudice issue open for trial the rejected first defendant’s application strike out proceedings want of prosecution. it left defendants free raise evidence actual at trial. [2014] iehc 203 refused an by martin butterly and company li
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
high court strikes down remaining ‘offending modesty’ offence the ruled too vague to meet constitutional standards and declared remainder of section 18 1935 act inconsistent with constitution. [2014] iehc 181 has part criminal law (amendment) unconstitutional, finding that “offending modesty” lacked
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court rules explosives questioning did not require a change-of-offence procedure while original suspicion remained the answered legal question referred by dpp, finding special criminal had misread detention law. ruling left defendant’s acquittal untouched. ruled that gardaí have to follow in
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court dismisses defence forces discharge appeal the rejected challenges to process used cheryl mellett, including complaints about an undisclosed file and a recommendation for more time meet fitness standards. has dismissed mellett’s against decision her from forces, rejecting claims that wa
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court dismisses coyle appeal over nama summary judgment the found no arguable defence based on transfer and consolidation of loan accounts, while an unresolved dispute interest calculations remains for plenary hearing. dismissed tom coyle’s against national asset management limited (nama), f
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
high court dismisses father’s hague convention return application the found there was no prima facie evidence that father had exercised his custody rights before daughter moved from england to ireland. ruling did not decide or access. [2014] iehc 196 dismissed a under seeking of ireland england, fin
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court upholds interpretation requiring authorisation to question detainee about another offence the answered a dpp reference by ruling that member in charge must form required opinion before detention under section 30 is extended investigate offence. respondent’s acquittal remained undisturb
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court rejects challenge to judicial review of seanad committee discipline in a judgment delivered on 9 april 2014, mr justice murray said the courts could whether committee’s disciplinary process complied with constitution. he also agreed that fair-procedure appeal ground should be dismissed
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
high court awards €640,933.89 to man seriously injured in cherry-picker accident the found plaintiff would probably have become a science teacher, rejected proposed deduction for illness benefit and disability pension, ordered costs against first defendant. [2014] iehc 242 awarded alan hughes after
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
high court awards costs over planning permission affecting applicant’s land the ruled on after an earlier judicial review, finding applicant succeeded a issue but not environmental impact assessment grounds. [2014] iehc 353 has awarded margaret mccallig for part of her successful challenge to permis
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court allowed appeal over seanad’s discipline of ivor callely a majority upheld the findings that misrepresented his normal place residence when claiming allowances and refused to quash committee report or seanad sanctions. an by members on members’ interests éireann, setting aside high orde
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court rejects appeal over annulled seanad inquiry into ivor callely’s expenses the held that statutory proceedings against former senator were open to judicial review and breached fair procedures. it left high order quashing committee report resolution in place. [2014] iesc 26 (citation infe
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court allows appeal in seanad expenses judicial review case justice fennelly agreed that internal oireachtas disciplinary decisions are generally non-justiciable, but considered the committee’s decision was reviewable because had not adopted a standing order covering subject of complaint. al
Report a correction · Ask for more detail
Courts Service · 2014-04-09 · courts
supreme court rejects appeal over quashed seanad committee finding against callely the held it could review statutory committee’s procedures and upheld high order quashing its 2010 report consequential decisions. [2014] iesc 26 of ireland has dismissed an by on members’ interests ivor claims for tra
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
high court rules landfill gate fees did not have to be ring-fenced for aftercare a preliminary ruling in disputes brought by the epa and clm properties found that irish law require relevant part of charges used only closure aftercare. declined refer issue eu court. [2014] iehc 178 court, commercial
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
supreme court overturns order to dissolve roadstone sports club the found that a simple majority could not club, its purpose remained viable, and evidence did justify dissolution on just equitable grounds. allowed an appeal against orders dissolving & social finding club’s rules permit it be wound u
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
supreme court dismisses appeal over lifting of arbitration stay the held that it had no jurisdiction to hear flinter shipping’s from high order a stay. did not rule on whether power lift ireland dismissed shipping bv’s against proceedings brought by grassland fertilizers. section 11 act 2010 barred
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
supreme court dismisses polish roads authority’s appeal over siac examinership scheme the held that authority was not unfairly prejudiced by provisions limiting payment of its asserted damages and subrogation claims, while preserving ability to raise them as defences or set-off in poland. dismissed
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
high court awards bmw €10,000 after finding trademark infringement the awarded compensation for presumed injury to bmw’s property rights, despite no proved financial loss or gain. it declined award aggravated damages. [2014] iehc 210 bayerische motoren werke aktiengesellschaft an earlier ruling that
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
high court makes no order on costs after school board loses joinder bid the found board’s attempt to join a judicial review was proportionate, but it ultimately unsuccessful. ordered each side bear its own costs. [2014] iehc 703 made as national of management failed teacher’s proceedings against hea
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
high court refuses challenge to father’s deportation order the found that minister had considered irish citizen children’s rights and criminal convictions when deciding deport him. [2014] iehc 193 has refused a judicial review of nigerian father three children, finding minister’s decision was not fu
Report a correction · Ask for more detail
Courts Service · 2014-04-08 · courts
high court rejects challenge to waterville group’s standing and service, but bars 2010 licence issue the ruled that fisheries development limited could pursue its judicial review two other appeal participants did not have be served within statutory period. it held company was out of time minister’s
Report a correction · Ask for more detail
Courts Service · 2014-04-04 · courts
unsuccessful esm challenger awarded full high court costs the ruled that exceptional public importance and complexity of thomas pringle’s challenge justified departing from usual rule follow event. [2014] iehc 174 has ordered defendants to pay his ireland’s ratification european stability mechanism
Report a correction · Ask for more detail
Courts Service · 2014-04-04 · courts
high court rejects green pastures’ bid for wider aurivo discovery mr justice ryan dismissed an application to strike out aurivo’s defence or compel further discovery, finding that the records sought fell outside disputed category. [2014] iehc 209 has pastures (donegal)’s co-operative society limited
Report a correction · Ask for more detail
Courts Service · 2014-04-03 · courts
high court rejects jockey and trainer’s challenge to turf club rules the held that was amenable judicial review applicants had standing, but found no grounds grant relief they sought. [2014] iehc 175 has rejected a racehorse club’s authority make enforce its of racing, finding not established for in
Report a correction · Ask for more detail
Courts Service · 2014-04-03 · courts
high court bars sworn garda disciplinary inquiry under repealed rules the found commissioner had no preserved right to begin investigation 1989 regulations. it granted prohibition against holding proposed and said would hear counsel on order’s form. [2014] iehc 173 has barred a into serving member,
Report a correction · Ask for more detail
Courts Service · 2014-04-03 · courts
high court refuses leave to challenge nigerian family’s rejected asylum appeals the found no legal defect in refugee tribunal’s credibility assessment, procedures or handling of delay. [2014] iehc 204 has refused a mother and her minor son seek judicial review 2009 decision refusing them status. jud
Report a correction · Ask for more detail
Courts Service · 2014-04-02 · courts
high court allows reporter at family motion but bars reporting on children’s custody issues the refused a mother’s request to exclude press entirely from father’s application set aside an earlier order, while restricting what could be published and banning live social media updates. [2014] iehc 180
Report a correction · Ask for more detail
Courts Service · 2014-04-02 · courts
supreme court awards lissadell owners three-quarters of their costs the confirmed a public right way on route f–g, rejected sligo county council’s arguments about burrows and farm avenue, awarded appellants costs. has edward walsh constance cassidy in appeal over rights across lands at lissadell, co
Report a correction · Ask for more detail
Courts Service · 2014-04-02 · courts
high court rules heating supplier can trace resale proceeds in bht liquidation the found parties’ trading relationship created a fiduciary duty over amount due to unitherm from resales, but left precise terms of its order be settled. [2014] iehc 177 has ruled that systems is entitled certain group l
Report a correction · Ask for more detail
Courts Service · 2014-04-02 · courts
supreme court rejects dunnes’ challenge to evidence handling in design case the held that high could exclude witnesses’ personal views of garments’ overall impression while considering their about similarities and differences. has rejected a by dunnes stores how treated witness dispute over unregist
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
supreme court dismisses appeal over €6.98m summary judgment the upheld refusal to set aside judgment, finding no basis disturb high court’s conclusion that john meagher knew of proceedings before was entered. ireland has dismissed meagher’s against a decision refusing €6,984,826.48 in favour danske
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court awards landlords €557,780.93 in pharmacy rent dispute the rejected tenants’ planning-related counterclaim as a basis to delay recovery and allowed post-proceedings arrears be included. [2014] iehc 205 has given ronan jacqueline mcnamee judgment for €557,780.93, plus interest costs, over p
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court refuses to set aside monaghan’s default judgment against united drug the dismissed an appeal seeking reopen case, after defendant’s insurer failed deliver a defence and lost papers served for second motion. [2014] iehc 183 has refused circuit entered in michael favour public limited compa
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court orders discovery in irish patent invalidity proceedings the allowed four of five disputed document categories, with limits on scope and privilege. it declined to order a fifth category as premature. [2014] iehc 189 has ordered astrazeneca ab provide categories over alleged an for asthma t
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court refuses leave to challenge asylum decision for minor born in ireland the rejected challenges credibility and relocation findings refugee appeals tribunal decision, refused seek judicial review. [2014] iehc 171 has review of a rejecting an claim made on behalf ireland. found no basis quash
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court says prsa transfers to malta do not require residence or employment there the held that overseas transfer rules a holder live work in destination country. judgment concludes point but does state separate order directing canada life complete transfer. [2014] iehc 217 ruled irish governing
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court dismisses pub injury appeal after finding no proven failure of reasonable care the accepted sylvia deehan’s account her fall during a ticketed event at lough inn but found it had not been proved that failed to take safety steps. [2014] iehc 182 dismissed personal injuries action against l
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court refuses respondents’ requests for further particulars in ote fraud case the declined two motions seeking more detail about ote’s allegations, finding existing points of claim sufficient to let respondents plead their defences. [2014] iehc 185 has refused allegations made by international
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court refuses restriction orders against gerdando directors the found had acted in good faith when relying on professional advice about a 2008 company reorganisation. it did not decide whether reorganisation breached law. [2014] iehc 187 has refused to make three of limited, which is liquidatio
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
builder’s €31,136.60 summary judgment claim sent to plenary hearing the high court found homeowners had established a prima facie defence based on an equitable set-off for alleged defective work. it did not decide merits of either side’s case. [2014] iehc 188 has refused resolve creedon construction
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court orders fresh review of mother’s care allowance application the found that a deciding officer’s complete reliance on departmental medical assessor had vitiated process for b.’s initial application. it did not decide whether her son qualified allowance. [2014] iehc 186 has sent domiciliary
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
high court declines to restrict former shellware director the found no basis for a restriction order, but extended time liquidator’s application after deciding that was merited. [2014] iehc 184 declined make order against eoghan breslin, of limited, finding concerns raised about his conduct did not
Report a correction · Ask for more detail
Courts Service · 2014-04-01 · courts
hospital negligence delayed surgery after bowel leak, high court finds the found that a resident medical officer failed to investigate patient’s deterioration or alert his consultant, delaying emergency by about 17 hours. it awarded €310,000 in damages. [2014] iehc 169 negligently worsening conditio
Report a correction · Ask for more detail