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Courts Service · 2014-07-31 · courts

High Court refuses director’s request to represent company challenging receiver appointment

high court refuses director’s request to represent company challenging receiver appointment the held it was bound by existing authority requiring a appear through qualified legal representation, despite concerns that might otherwise have no voice. [2014] iehc 455 refused martin mccaughey’s applicati

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Courts Service · 2014-07-31 · courts

High Court rules roadside detention and later arrest lawful in drug search

high court rules roadside detention and later arrest lawful in drug search a case stated from the district court, upheld during subsequent arrest. it did not reach question about excluding evidence. [2014] iehc 394 ruled that garret byrne was lawfully detained at searches of him, his car passenger,

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Courts Service · 2014-07-31 · courts

High Court refuses stay on €77m judgment and strikes out specified claims against NAMA

high court refuses stay on €77m judgment and strikes out specified claims against nama the refused henry a. crosbie’s request to pause enforcement while separate proceedings were pending, struck five categories of relief because required statutory permission had not been obtained. [2014] iehc 414 co

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Courts Service · 2014-07-31 · courts

Criminal Appeal Court rejects challenge to warrant in rape conviction

criminal appeal court rejects challenge to warrant in rape conviction the held that a search warrant’s departure from prescribed form did not invalidate it, and upheld trial court’s decision admit evidence obtained search. of dismissed used investigation rape, finding remained valid despite followin

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Courts Service · 2014-07-31 · courts

Court of Criminal Appeal upholds invalidity of Drogheda search warrant

court of criminal appeal upholds invalidity drogheda search warrant the dismissed director public prosecutions’ after finding that incorrectly placed premises within dublin metropolitan district. it also refused respondent’s application to dismiss over delay. has upheld a circuit ruling for was inva

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Courts Service · 2014-07-31 · courts

High Court criticises Article 8 private-life assessments in two deportation cases

high court criticises article 8 private-life assessments in two deportation cases the upheld minister’s family-life but condemned reasoning on private life, leaving other issues and orders for later consideration. [2014] iehc 447 has criticised minister justice’s assessment of rights cases, finding

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Courts Service · 2014-07-31 · courts

Supreme Court says contract must remain on hold during review appeal

supreme court says contract must remain on hold during review appeal the said restriction applied automatically when application was brought, even after standstill period had expired. it indicated would be dismissed and notice to vary allowed, with full reasons follow. has ruled that a contracting e

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Courts Service · 2014-07-31 · courts

High Court rejects guarantee defence but finds bank’s affidavit evidence deficient

high court rejects guarantee defence but finds bank’s affidavit evidence deficient the rejected one defendant’s argument over a separate co-guarantee, found bank had not supplied required proof under bankers’ books acts. it left open further applications, including for supplemental evidence. [2014]

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Courts Service · 2014-07-31 · courts

Supreme Court dismisses Patrick Reen’s appeals over estate caveat and sister’s will proceedings

supreme court dismisses patrick reen’s appeals over estate caveat and sister’s will proceedings the upheld orders setting aside a against donal brendan o’connell’s allowing temporary steps to protect assets linked bar while separate dispute proceeds. dismissed concerning of o’connell sister, catheri

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Courts Service · 2014-07-31 · courts

High Court grants AIB judgment in two loan cases against Aidan Farrell

high court grants aib judgment in two loan cases against aidan farrell the rejected farrell’s proposed defence that had agreed to defer a €400,000 repayment and also granted mortgage bank related case. [2014] iehc 395 court, commercial allied irish banks plc farrell, ruling advanced first case no fa

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Courts Service · 2014-07-31 · courts

High Court upholds grandson’s right to select up to half an acre under grandmother’s will

high court upholds grandson’s right to select up half an acre under grandmother’s will the ruled that bequest remained operative and declared james mullen junior could adjoining land provide a garden for his family. [2014] iehc 407 has in elizabeth mullen’s entitles her grandson, junior, of property

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Courts Service · 2014-07-31 · courts

High Court refuses to stop retrial after phone records were not disclosed

high court refuses to stop retrial after phone records were not disclosed the found disclosure failure was a serious error, but no real risk of an unfair remained once disclosed. [2014] iehc 410 has refused prohibit anonymised applicant accused sexual exploitation child, finding that disclose in his

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Courts Service · 2014-07-31 · courts

High Court orders Anthony Craig’s surrender to UK on murder and escape warrant

high court orders anthony craig’s surrender to uk on murder and escape warrant the rejected objections based preventive detention family life, ordered in respect of both offences. [2014] iehc 460 has united kingdom under a european arrest relating his conviction an offence. mr justice edwards that w

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Courts Service · 2014-07-31 · courts

High Court proposes separation and financial orders for couple with four children

high court proposes separation and financial orders for couple with four children the set out proposed property maintenance arrangements, but adjourned case submissions on order’s form further ancillary matters. [2014] iehc 663 found that a judicial should be granted to identified in judgment by fic

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Courts Service · 2014-07-31 · courts

Supreme Court dismisses appeal over 22 Castlemanor units

supreme court dismisses appeal over 22 castlemanor units the upheld an order requiring four purchasers to complete contracts for retirement units, despite outstanding foul sewer obligation under planning permission. dismissed by and them purchase of at village in county cavan. require payments total

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Courts Service · 2014-07-31 · courts

Supreme Court dismisses appeal over revocation of bail

supreme court dismisses appeal over revocation of bail the held that circuit criminal had jurisdiction to revoke and an alleged error in interpreting conditions did not make detention unlawful under article 40. has dismissed by leroy roche, also known as dumbrell, against refusal order his release f

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Courts Service · 2014-07-31 · courts

District Court orders written aftercare plan for young person leaving care

district court orders written aftercare plan for young person leaving care the directed child and family agency to set out support accommodation steps, but did not order it provide a particular home or funding. [2014] iedc 08 dublin metropolitan court, (cfa) give lh clear before turns 18, including

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Courts Service · 2014-07-31 · courts

Appeal dismissed over murder conviction after two-year gap between shooting and death

appeal dismissed over murder conviction after two-year gap between shooting and death the court of criminal held that contributed to ian kenny’s in more than a minimal way. it also rejected challenges based on duress trial judge’s response jury question. jonathan dunne’s against his conviction, ruli

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Courts Service · 2014-07-31 · courts

Supreme Court dismisses challenge to drug-driving conviction

supreme court dismisses challenge to drug-driving conviction the upheld high court’s dismissal of michael sweeney’s judicial review application, finding that his complaints either lacked merit or belonged in an appeal on facts. has dismissed against refusal quash for driving while under influence a

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Courts Service · 2014-07-31 · courts

Supreme Court dismisses challenge to drug certificate and conviction

supreme court dismisses challenge to drug certificate and conviction the held that appellant had not displaced statutory presumptions about medical bureau’s testing rejected his claim later breached fair procedures. [2014] iesc 50 has dismissed michael sweeney’s appeal against refusal quash for driv

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Courts Service · 2014-07-31 · courts

High Court dismisses negligence claim over emergency birth at Kerry General Hospital

high court dismisses negligence claim over emergency birth at kerry general hospital the found midwife acted in accordance with good medical practice when she performed an artificial rupture of membranes before a cord prolapse led to caesarean section. [2014] iehc 393 has dismissed brought by woman

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Courts Service · 2014-07-31 · courts

Supreme Court dismisses appeal over contracts for development units

supreme court dismisses appeal over contracts for development units the held that purchasers were bound to accept a planning and building compliance certificate in agreed form, while leaving separate question undecided. has dismissed an by four who refused complete development, after finding require

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Courts Service · 2014-07-31 · courts

High Court rules asylum judicial reviews were not moot after temporary leave granted

high court rules asylum judicial reviews were not moot after temporary leave granted the dismissed applicants’ argument that three-year permission to remain had made their challenges moot. judgment addressed a costs application cases withdrawn; it did decide underlying challenges. [2014] iehc 409 ru

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Courts Service · 2014-07-31 · courts

Court of Criminal Appeal replaces suspended sentence with two years in custody for sexual assault

court of criminal appeal replaces suspended sentence with two years in custody for sexual assault the found circuit unduly lenient and imposed six years’ imprisonment, suspending final four years. it also credited time already served set post-release conditions. has quashed on anthony lyons ordered

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Courts Service · 2014-07-30 · courts

High Court rejects quarry firm’s challenge to environmental assessment order

high court rejects quarry firm’s challenge to environmental assessment order mcgrath limestone works must seek substitute consent for after an bord pleanála upheld mayo county council’s determinations that required assessments had not been carried out. [2014] iehc 382 the has refused limited’s judic

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Courts Service · 2014-07-30 · courts

High Court substitutes Launceston as plaintiff in €9.9m bank case

high court substitutes launceston as plaintiff in €9.9m bank case the procedural ruling allows property finance to continue proceedings, while leaving validity of assignment and its entitlement prove claim for trial. [2014] iehc 671 has substituted limited irish resolution corporation proceedings ag

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Courts Service · 2014-07-30 · courts

Supreme Court restores woman’s sexual abuse claim after late PIAB objection

supreme court restores woman’s sexual abuse claim after late piab objection the held that missing authorisation did not remove court’s jurisdiction and could be raised at trial without being pleaded. it set aside high dismissal; decide allegations. has dismissal of a civil alleging by her brother wh

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Courts Service · 2014-07-30 · courts

Supreme Court upholds injunction stopping prosecution after delay in child’s case

supreme court upholds injunction stopping prosecution after delay in child’s case the dismissed dpp’s appeal, finding that culpable had deprived a man charged over an alleged drug offence committed at 16 of protections available under children act. has director public prosecutions’ appeal against pr

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Courts Service · 2014-07-30 · courts

High Court quashes refusal of Iraqi couple’s visitor visa appeal

high court quashes refusal of iraqi couple’s visitor visa appeal the found decision’s reasons inadequate to explain why evidence did not establish that they would return iraq after a proposed visit. [2014] iehc 385 has quashed an decision refusing visas couple, ruling given adequately their fell sho

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Courts Service · 2014-07-30 · courts

Supreme Court upheld additional provision in divorce case, remitting one bond issue

supreme court upheld additional provision in divorce case, remitting one bond issue the high court’s findings on three undisclosed assets and its power to make further while leaving decree place. it sent back question about whether a increased husband’s resources. most of order requiring mr. financi

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Courts Service · 2014-07-30 · courts

High Court rules respondent can engage with Polish surrender proceedings

high court rules respondent can engage with polish surrender proceedings after hearing conflicting psychiatric evidence, the found b. h. able to understand proceedings, receive advice and give instructions. ruling addressed his capacity participate, not whether he should be surrendered. [2014] iehc

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Courts Service · 2014-07-30 · courts

High Court says Kenyan mother may apply for Stamp 4 under EU law

high court says kenyan mother may apply for stamp 4 under eu law the quashed a 2012 decision refusing application and said minister must consider accepted job offers when assessing whether child has sufficient resources. [2014] iehc 384 mother’s residency law, ruling that definite prospect of future

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Courts Service · 2014-07-29 · courts

Supreme Court dismisses solicitor’s appeal over scope of disciplinary review

supreme court dismisses solicitor’s appeal over scope of disciplinary review the upheld a high ruling that an against law society sanctions was review, not rehearing from beginning. merits underlying remained for future hearing. has dismissed solicitor anne fitzgibbon’s on how her challenge to shoul

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Courts Service · 2014-07-29 · courts

Supreme Court judge outlines four forms of appeal in concurring judgment

supreme court judge outlines four forms of appeal in concurring judgment justice clarke agreed with the outcome proposed by chief denham a solicitor disciplinary appeal, then set out how different procedures should be understood. used to explain and limits each places on reviewing body. michael deli

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Courts Service · 2014-07-29 · courts

High Court refuses Mountjoy prisoner’s bid for release over conviction and warrant errors

high court refuses mountjoy prisoner’s bid for release over conviction and warrant errors the held that warrant’s clerical did not make detention unlawful a challenge to trial judge’s inference belonged in an appeal. [2014] iehc 387 refused application man from prison under article 40.4.2 of constit

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Courts Service · 2014-07-29 · courts

Supreme Court rejects solicitor’s bid for a full rehearing of Law Society complaints

supreme court rejects solicitor’s bid for a full rehearing of law society complaints the upheld high ruling that appeals from society’s committee are limited in form, while leaving applicable review test undecided. has dismissed solicitor anne fitzgibbon’s appeal over how should hear her challenge t

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Courts Service · 2014-07-29 · courts

Court finds 1972 manslaughter conviction was a miscarriage of justice

court finds 1972 manslaughter conviction was a miscarriage of justice the criminal appeal ruled that undisclosed witness statements undermined case against martin conmey, whose had already been quashed in 2010. [2014] iecca 31 has found conmey’s amounted to justice, after concluding left no untouche

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Courts Service · 2014-07-29 · courts

High Court quashes refusal to consider disclosure request over frozen pension funds

high court quashes refusal to consider disclosure request over frozen pension funds the held that a district judge hearing statutory challenge could decide whether applicant was entitled unredacted sworn information, but ruled he not see it. [2014] iehc 386 quashed judge’s harry cassidy an version o

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Courts Service · 2014-07-29 · courts

High Court dismisses tenant’s appeal over housing body status

high court dismisses tenant’s appeal over housing body status the ruled that strand trust limited was distinct from approved protestant aid and had no under relevant legislation. [2014] iehc 401 dismissed a against private residential tenancies board (prtb) determination, finding his landlord, limit

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Courts Service · 2014-07-29 · courts

High Court rejects siblings’ challenge over Israeli military-service asylum claims

high court rejects siblings’ challenge over israeli military-service asylum claims the held that siblings could seek exemptions from military service in israel and their were premature because they had not applied. it refused both judicial-review applications. [2014] iehc 388 has applications by a b

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Courts Service · 2014-07-28 · courts

High Court dismisses appeal over solicitor misconduct complaint

high court dismisses appeal over solicitor misconduct complaint the upheld disciplinary tribunal’s decision that disclosed no prima facie case of misconduct. [2014] iehc 390 has dismissed an by catherine payne and george flaherty junior against a solicitors tribunal there was una o’donnell. in judgm

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Courts Service · 2014-07-28 · courts

Court of Criminal Appeal orders retrial after concern over provocation directions

court of criminal appeal orders retrial after concern over provocation directions the allowed shahzad hussain’s because it remained concerned that jury may have misunderstood legal test for provocation. rejected two other grounds appeal. against his conviction and directed a retrial, citing real ris

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Courts Service · 2014-07-28 · courts

High Court approves €337,000 sale of Tipperary farm and orders vacant possession

high court approves €337,000 sale of tipperary farm and orders vacant possession the approved a private treaty two folios in county ordered for purchaser, while leaving claim to possessory title undecided. [2014] iehc 399 has land calco farms limited or con callanan purchaser. order does not determi

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Courts Service · 2014-07-25 · courts

High Court restricts Patricia Courtney as company director, declines order against Gerard Courtney

high court restricts patricia courtney as company director, declines order against gerard the found that private purchases on a credit card showed lack of responsibility by courtney. it made no restriction declaration her co-respondent husband. [2014] iehc 369 has declared restricted from acting dir

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Courts Service · 2014-07-25 · courts

High Court quashes asylum appeal decision over findings on Iran and Turkey

high court quashes asylum appeal decision over findings on iran and turkey the found that a material error about systems in both countries contributed to rejection of minor applicant’s credibility. it quashed refugee appeals tribunal sent matter back different member. [2014] iehc 380 has rejecting a

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Courts Service · 2014-07-25 · courts

High Court refuses leave to challenge salmon farm licence amendment

high court refuses leave to challenge salmon farm licence amendment the found that appeals board erred by giving no reasons for refusing an oral hearing, but held error did not meet threshold judicial review. [2014] iehc 381 refused waterville fisheries development limited seek review of decision up

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Courts Service · 2014-07-25 · courts

High Court quashes two Roscommon wind farm permissions over habitats assessments

high court quashes two roscommon wind farm permissions over habitats assessments the found an bord pleanála had not lawfully assessed effects on european conservation sites or given adequate reasons before granting permission for developments. [2014] iehc 400 has quashed pleanála’s developments in c

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Courts Service · 2014-07-25 · courts

High Court quashes asylum tribunal’s credibility finding over police reports

high court quashes asylum tribunal’s credibility finding over police reports the found tribunal had not explained how it treated three regarded as genuine, while upholding its findings on state protection and relocation within pakistan. [2014] iehc 379 quashed a refugee appeals that pakistani applic

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Courts Service · 2014-07-25 · courts

High Court refuses bid to halt An Post disciplinary process

high court refuses bid to halt an post disciplinary process the rejected kevin rogers’s interlocutory application pause proceedings until his criminal retrial, while stressing it had not finally decided any part of underlying claim. [2014] iehc 412 refused for injunction stop proceeding with a concl

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Courts Service · 2014-07-25 · courts

High Court restricts Patricia Courtney as Mint Restaurant director, declines order against husband

high court restricts patricia courtney as mint restaurant director, declines order against husband the found ms courtney’s unexplained private purchases on a company credit card showed lack of responsibility. it declined to restrict gerard under same provision. [2014] iehc 370 has declared restricte

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Courts Service · 2014-07-25 · courts

High Court strikes out Tesco claim over Monaghan shopping centre after 11-year inactivity

high court strikes out tesco claim over monaghan shopping centre after 11-year inactivity the found tesco’s delay in pursuing its against an architectural and engineering firm was inordinate inexcusable, that balance of justice favoured striking it out. [2014] iehc 367 has struck ireland limited’s w

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Courts Service · 2014-07-25 · courts

High Court refuses to strike out shopping centre construction claim after long delay

high court refuses to strike out shopping centre construction claim after long delay the defendants’ applications dismiss proceedings for want of prosecution were refused. found inordinate but excusable, and held that balance justice favoured allowing continue. [2014] iehc 368 has refused by o’hare

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Courts Service · 2014-07-25 · courts

High Court rules employers liable for €2.23m pension contribution

high court rules employers liable for €2.23m pension contribution the found trustees were entitled to demand discounted sum after did not engage with requests discuss scheme’s funding before it wound up. [2014] iehc 383 has ruled that three are pay €2.23 million of an irish defined benefit scheme fa

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Courts Service · 2014-07-25 · courts

High Court dismisses challenge to child residence order after relocation appeal

high court dismisses challenge to child residence order after relocation appeal the held that circuit could consider custody during rehearing and found applicant had been warned this issue was in play. [2014] iehc 664 dismissed a judicial review transferring child’s primary his father refusing mothe

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Courts Service · 2014-07-24 · courts

High Court strikes out negligence claim against solicitors over unpaid planning levy

high court strikes out negligence claim against solicitors over unpaid planning levy the ruled that distress and inconvenience falling short of nervous shock or psychiatric illness could not support this claim. claims developer defendants were part application. [2014] iehc 377 struck a firm after tw

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Courts Service · 2014-07-24 · courts

High Court refuses prisoners’ bid to compel access to gardaí

high court refuses prisoners’ bid to compel access gardaí the said correspondence with garda management provided access, application was premature, and an unsworn affidavit left no proper evidence on which grant relief. [2014] iehc 371 refused by prisoners william boden gary kinsella for order compe

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Courts Service · 2014-07-24 · courts

High Court rejects Anthony Fox’s challenge to Tribunal non-cooperation finding

high court rejects anthony fox’s challenge to tribunal non-cooperation finding the held that assessed conduct and whether he knowingly gave false evidence when deciding costs issue, rather than relying on its substantive corruption findings. [2014] iehc 397 has rejected a by of inquiry into certain

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Courts Service · 2014-07-24 · courts

High Court quashes tribunal finding against witness over fair procedures

high court quashes tribunal finding against witness over fair procedures the set aside a that charles chawke knowingly gave false evidence and failed to co-operate with planning tribunal, ruling he had not received before was made. [2014] iehc 398 has quashed publican or misleading of inquiry into c

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Courts Service · 2014-07-23 · courts

High Court declines to disqualify three directors after company strike-offs

high court declines to disqualify three directors after company strike-offs the found directors’ conduct exposed them disqualification proceedings but declined or restrict them, citing circumstances of companies’ collapse and past conduct. [2014] iehc 365 walfab engineering limited r.p.b. products b

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Courts Service · 2014-07-23 · courts

Court refuses retrial for two defendants after quashing drug convictions

court refuses retrial for two defendants after quashing drug convictions the of criminal appeal said prosecution decisions had created need a and it would be unfair to put through second trial. [2014] iecca 32 refused director public prosecutions’ application retry comerford griffin their offences.

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Courts Service · 2014-07-23 · courts

High Court declines to disqualify Chercrest directors after company strike-off

high court declines to disqualify chercrest directors after company strike-off the found statutory grounds for possible disqualification were established, but declined either director or restrict them. it also made no order against first respondent over a second that never traded. [2014] iehc 363 tw

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Courts Service · 2014-07-23 · courts

High Court declines to award costs against liquidator after failed director restriction case

high court declines to award costs against liquidator after failed director restriction case the refused eoghan breslin’s application for costs, finding no justification make an order shellware limited’s liquidator. [2014] iehc 364 has declined a pay he unsuccessfully sought have former limited bres

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Courts Service · 2014-07-22 · courts

High Court declines to restrict Gleneagle Woodcrafts directors

high court declines to restrict gleneagle woodcrafts directors the found liquidator had not shown that either director acted irresponsibly, while granting a short extension for bringing application. [2014] iehc 366 has declined peter caffrey and patricia from acting as company after finding conduct

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Courts Service · 2014-07-22 · courts

High Court refuses security order against two plaintiffs but orders it for counterclaim

high court refuses security order against two plaintiffs but orders it for counterclaim the found evidence did not justify requiring from james patrick flannery and lexington services ltd. directed catharsis technologies ltd to provide counterclaim, with amount still be determined. [2014] iehc 373 h

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Courts Service · 2014-07-22 · courts

High Court sends €412,579 confiscation order back for review of recoverable amount

high court sends €412,579 confiscation order back for review of recoverable amount the found circuit had not properly considered how much could be realised from ezenwata izundu. it remitted that issue alone and refused a broader advance-disclosure declaration. [2014] iehc has part against izundu to

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Courts Service · 2014-07-21 · courts

High Court refuses leave to appeal in Marie Claire trade mark dispute

high court refuses leave to appeal in marie claire trade mark dispute the said none of nine proposed points raised a point law that warranted referral supreme court. [2014] iehc (citation incomplete source) refused netherlands b.v. over an earlier judgment dispute, finding qualified as for appeal. m

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Courts Service · 2014-07-21 · courts

High Court awards €526,695 after workplace injury left plaintiff with chronic pain

high court awards €526,695 after workplace injury left plaintiff with chronic pain the assessed damages for a 2008 construction-site accident, including €258,500 past and future loss of earnings €150,000 suffering. [2014] iehc 372 awarded tony smyth in assessing consequences an accident at work on 6

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Courts Service · 2014-07-18 · courts

Supreme Court adjourns decision on child’s return to England

supreme court adjourns decision on child’s return to england the upheld finding that and wales had jurisdiction over care, but postponed its whether he should while english authorities considered changed circumstances. has a courts of have care an anonymised child, adjourned for one week there from

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Courts Service · 2014-07-17 · courts

Supreme Court dismisses appeal over child’s playground injuries

supreme court dismisses appeal over child’s playground injuries the upheld high court’s dismissal after finding trial judge was entitled to conclude that deviations had not been shown cause accident or injuries. has dismissed an by a child injured at in longford, upholding of his negligence claim ag

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Courts Service · 2014-07-17 · courts

High Court awards €45,000 for night loader’s injuries, rejecting claim of permanent disability

high court awards €45,000 for night loader’s injuries, rejecting claim of permanent disability mr justice ryan assessed damages a worker injured in fall at portlaoise depot, finding the accident caused minor soft-tissue injuries but not lumbar disc pathology shown on an mri scan. [2014] iehc 359 awa

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Courts Service · 2014-07-17 · courts

High Court dismisses abuse claim over unfairness caused by decades-long delay

high court dismisses abuse claim over unfairness caused by decades-long delay the accepted plaintiff’s was excusable, but ruled that death of accused brother and loss evidence made it unfair for redemptorist order’s nominated defendant to face a trial. [2014] iehc 358 has dismissed personal injuries

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Courts Service · 2014-07-17 · courts

High Court finds union unlawfully excluded Limerick blocklayer and obstructed his work

high court finds union unlawfully excluded limerick blocklayer and obstructed his work the found for john o’connell against batu three officials, with damages relief still to be assessed. it dismissed claim construction industry federation as time-barred unsupported by evidence of conspiracy. [2014]

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Courts Service · 2014-07-17 · courts

Appeal court sets nine-and-a-half-year sentence after identifying sentencing error

appeal court sets nine-and-a-half-year sentence after identifying sentencing error the of criminal recalculated for adam fitzgibbon finding an in principle original approach. d.p.p. v. [2014] i.e.c.c.a. 12 has substituted a nine and half years’ imprisonment imposed on him. supplemental judgment deli

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Courts Service · 2014-07-17 · courts

Court of Criminal Appeal substitutes seven-year sentence in firearms case

court of criminal appeal substitutes seven-year sentence in firearms case the set aside trial judge’s after finding original starting point excessive, then imposed seven years considering guilty plea and prison record. d.p.p. v. ryan [2014] i.e.c.c.a. 11 (supplemental judgment) has substituted a for

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Courts Service · 2014-07-16 · courts

High Court refuses bid to strike Facebook defence paragraphs

high court refuses bid to strike facebook defence paragraphs the application concerned ireland’s response claims about its intervention in separate media injunction proceedings. held challenged relevant plaintiff’s for aggravated damages. [2014] iehc 454 has refused an out three of ireland limited’s

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Courts Service · 2014-07-16 · courts

Supreme Court reopened Buzreel sale bidding, then directed acceptance of higher Demirca offer

supreme court reopened buzreel sale bidding, then directed acceptance of higher demirca offer the found that court-ordered bidding process had not reached an unimpeachable final result. after a further round on appeal, it liquidator to accept demirca’s bid. allowed bids for assets limited concluding

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Courts Service · 2014-07-16 · courts

High Court dismisses bid to set aside arbitration award over contractual lien

high court dismisses bid to set aside arbitration award over contractual lien the held that arbitrator’s use of “effectively estopped” did not establish a ground under act 2010 overturn award. [2014] iehc 695 has dismissed an application by deluxe art & theme limited in its dispute with sheffs limit

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Courts Service · 2014-07-16 · courts

High Court grants environmental costs protection to quarry challenge applicant

high court grants environmental costs protection to quarry challenge applicant the order applies michael mccoy as substantive planning case moves towards trial; did not decide whether quarrying was unauthorised. [2014] iehc 511 has ordered that bear his own in over at ballinascorney upper, brittas,

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Courts Service · 2014-07-16 · courts

High Court orders sale of farm in judicial separation case

high court orders sale of farm in judicial separation case the granted a and directed family home entire farm, with lump sum payments €800,000 to wife €100,000 for couple’s two dependent children. [2014] iehc 452 court, has couple identified as s.a. b.a. their part financial provision. ordered husba

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Courts Service · 2014-07-16 · courts

High Court appoints Digital Rights Ireland as amicus in Schrems case

high court appoints digital rights ireland as amicus in schrems case the allowed group to assist on existing eu law reference, but refused add questions challenging safe harbour decision or 1995 directive. [2014] iehc 351 appointed ltd. (dri) an curiae maximillian schrems’s judicial review case, its

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Courts Service · 2014-07-15 · courts

High Court allows Westwood Club’s FOI appeal over Bray leisure centre records

high court allows westwood club’s foi appeal over bray leisure centre records the found material errors in information commissioner’s refusal decision, including its treatment of historic financial records, control company and burden proof. it allowed but deferred final order. [2014] iehc 375 has st

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Courts Service · 2014-07-15 · courts

High Court sets aside ombudsman’s finding in investment complaint

high court sets aside ombudsman’s finding in investment complaint the found that material factual disputes required an oral hearing, but made no ruling on merits of investor’s complaints. [2014] iehc 352 has set financial services a about northern ireland property fund, directing ombudsman to review

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Courts Service · 2014-07-15 · courts

Londis franchisees awarded €464,000 in damages, with equipment valuation still open

londis franchisees awarded €464,000 in damages, with equipment valuation still open the high court assessed losses after finding had unlawfully terminated drogheda franchise. damages were to be set off against an earlier debt award, further evidence possible on leased equipment. [2014] iehc 659 for

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Courts Service · 2014-07-11 · courts

Supreme Court allows part of bank debt appeal over New York hotel loan

supreme court allows part of bank debt appeal over new york hotel loan the sent hotels dispute to a full hearing on limited question, while dismissing concerning woolgate loan. it reserved precise form its order for further submissions. has allowed gerard mccaughey’s against summary judgment irish r

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Courts Service · 2014-07-11 · courts

High Court refuses two declarations in challenge over wastewater authorisations

high court refuses two declarations in challenge over wastewater authorisations the rejected claims that epa had failed to review a liscannor licence or act on kilfenora application, deciding judicial its merits without accepting it was brought time. [2014] iehc 405 refused sought by engineer michae

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Courts Service · 2014-07-11 · courts

High Court declines to set aside notice against Emerson in Moycullen supermarket fire case

high court declines to set aside notice against emerson in moycullen supermarket fire case the found refrigeration distributors had moved as soon reasonably possible circumstances involve climate technologies proceedings. [2014] iehc 348 has declined a third-party served on limited proceedings arisi

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Courts Service · 2014-07-11 · courts

High Court orders former director’s brother to repay €102,100 to car company liquidation

high court orders former director’s brother to repay €102,100 car company liquidation the found effect of five cash repayments was prefer repayment john mcginley over unpaid tax creditors. it declined order for two cars transferred him. [2014] iehc 356 has ordered liquidator leo getz trading limited

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Courts Service · 2014-07-11 · courts

High Court quashes restraining order made after harassment acquittal

high court quashes restraining order made after harassment acquittal the found district had not given acquitted man a fair opportunity to challenge evidence used support order. [2014] iehc 406 has quashed from contacting complainant or going near her home workplace, finding that process did give him

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Courts Service · 2014-07-11 · courts

High Court rules on evidence required in speed camera prosecutions

high court rules on evidence required in speed camera prosecutions the answered three legal questions a case stated from district court, finding there was no photograph had been served before trial. it said testimony about an existing go safe contract could suffice; image enhancement question did no

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Courts Service · 2014-07-11 · courts

High Court dismisses Leeds Building Society’s possession claim over Cavan investment property

high court dismisses leeds building society’s possession claim over cavan investment property the ruled that lender had not acquired statutory right it relied on before relevant law changed. dismissal did release borrowers from their loan and mortgage obligations. [2014] iehc 346 has dismissed appli

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Courts Service · 2014-07-10 · courts

High Court allows Smyth brothers’ Garda negligence claims to proceed

high court allows smyth brothers’ garda negligence claims to proceed the refused defendants’ bid end at a preliminary stage, finding they could not be said bound fail on pleaded facts. it made no that investigation was negligent or duty of care had been breached. [2014] iehc 453 has an application b

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Courts Service · 2014-07-10 · courts

High Court refuses to annul Anthony Casey bankruptcy

high court refuses to annul anthony casey bankruptcy the rejected arguments that petition was brought for an improper purpose, but ordered petitioning creditors set aside a judgment mortgage registered after adjudication. [2014] iehc 344 refused casey’s application his bankruptcy, finding no grounds

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Courts Service · 2014-07-10 · courts

High Court refuses to place Morrisseys’ constitutional action on Commercial List

high court refuses to place morrisseys’ constitutional action on commercial list the said proceedings arose from multimillion-euro loan arrangements but were fundamentally a action. it refused defendants’ transfer application; did not decide underlying claims. [2014] iehc 343 has an application caro

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Courts Service · 2014-07-09 · courts

Supreme Court directs Greendale motions to be heard before Gilligan appeals

supreme court directs greendale motions to be heard before gilligan appeals the seek permission reopen issues previously decided by court. substantive remain heard. has directed that “greendale motions” in michael f. murphy’s against john, geraldine, darren and tracy appeals. a ruling delivered on 9

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Courts Service · 2014-07-09 · courts

Supreme Court refuses funding for Gilligans’ proposed forensic report

supreme court refuses funding for gilligans’ proposed forensic report the dismissed a motion to fund new accountant’s appeals over property restraint and disposal orders, finding evidence should not be admitted. by john, geraldine, darren tracy gilligan public obtain their in long-running proceeding

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Courts Service · 2014-07-08 · courts

High Court appoints Irish liquidator for McArthur Group

high court appoints irish liquidator for mcarthur group the allowed secondary insolvency proceedings to continue in ireland, citing local assets and substantial public debts. it refused a stay directed cooperation with uk administrators. [2014] iehc 355 appointed myles kirby as of limited allowing a

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Courts Service · 2014-07-08 · courts

High Court refuses Revenue bid for summary judgment in €219,551 tax claim

high court refuses revenue bid for summary judgment in €219,551 tax claim the sent dispute over whether two appeal letters were valid to a plenary hearing and gave defendant leave defend. [2014] iehc 350 has refused collector general’s application against caroline lambe €219,551.42 capital gains cla

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Courts Service · 2014-07-08 · courts

High Court orders €6,000 monthly maintenance in judicial separation case

high court orders €6,000 monthly maintenance in judicial separation case the also set pension and death-in-service benefits for wife, but left cross-orders final form of order further submissions. [2014] iehc 451 court, family has granted a decree directed husband to pay his wife gross month mainten

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Courts Service · 2014-07-04 · courts

High Court rules roadside breath test was not required before arrest in Gort drink-driving case

high court rules roadside breath test was not required before arrest in gort drink-driving case the answered a district judge’s stated after finding that arresting garda reasonably formed opinion defendant should be arrested. [2014] 341 ruled preliminary of man charged with gort, co galway. it “no”

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Courts Service · 2014-07-04 · courts

Court of Criminal Appeal dismisses brothers’ appeals against murder convictions

court of criminal appeal dismisses brothers’ appeals against murder convictions the upheld after considering challenges to jury directions, character evidence and handling internet publicity. dismissed warren dumbrell jeffrey dumbrell’s their life sentences for christopher cawley. in a judgment deli

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Courts Service · 2014-07-04 · courts

High Court refuses to release accused after bail revocation

high court refuses to release accused after bail revocation the rejected challenges circuit criminal court’s decision revoke bail, finding no significant defect that justified under article 40.4.2. [2014] iehc 349 has refused an application leroy roche, also known as dumbre ll, from custody his was

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Courts Service · 2014-07-04 · courts

High Court rejects pharmacy owner’s bid to enforce two-mile work restriction

high court rejects pharmacy owner’s bid to enforce two-mile work restriction the found former manager’s customer connection was not shown justify 24-month restraint, and refused relief sought. [2014] iehc 333 has an injunction, damages other sought by levinwick limited against manager patrick hollin

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Courts Service · 2014-07-03 · courts

Supreme Court rules transferred prisoner’s custodial sentence was eight years

supreme court rules transferred prisoner’s custodial sentence was eight years the allowed an appeal over meaning of english served in ireland and said detention under transfer warrant not authorised after first half expired. by vincent sweeney, ruling that part imposed on him england years, 16. it h

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Courts Service · 2014-07-03 · courts

Supreme Court quashes warrant for Vincent Sweeney’s continued detention

supreme court quashes warrant for vincent sweeney’s continued detention the ordered immediate release after finding that his english sentence permitted eight years in prison, not 16 specified irish warrant. allowed appeal, quashed authorising ireland and directed release. judgment explains reasons t

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Courts Service · 2014-07-02 · courts

High Court quashes ruling that dangerous-driving charge was time-barred

high court quashes ruling that dangerous-driving charge was time-barred the held evidence supported an ongoing delegation allowing a superintendent to refer serious-harm complaint gsoc. it quashed circuit on issue and left precise relief be discussed with counsel. [2014] iehc 339 has prosecution aga

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Courts Service · 2014-07-02 · courts

High Court orders Edward Ryan’s release after finding continued detention unlawful

high court orders edward ryan’s release after finding continued detention unlawful the found that minister’s refusal of additional remission rested on deficient information and an irrational restriction discretion under prison rule 59(2). [2014] iehc 657 ordered from midlands his was not in accordan

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Courts Service · 2014-07-02 · courts

High Court strikes out borrowers’ challenge to Bank of Scotland loans

high court strikes out borrowers’ challenge to bank of scotland loans the ruled that plaintiffs’ claims, including their argument had created loan money, were frivolous and vexatious. [2014] iehc 340 has struck proceedings brought by three borrowers against plc receiver michael cotter, finding claim

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Courts Service · 2014-07-02 · courts

High Court orders Edward Ryan’s release after finding continued detention unlawful

high court orders edward ryan’s release after finding continued detention unlawful the found that minister’s refusal of additional remission relied on deficient information and an irrational restriction discretion under prison rules. [2014] iehc 338 ordered from midlands his was not in accordance wi

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Courts Service · 2014-07-01 · courts

Supreme Court allows landlord’s appeal over Bewley’s Grafton Street rent review

supreme court allows landlord’s appeal over bewley’s grafton street rent review the held that lease’s rent-review formula carried forward from five-year period immediately before each review, leaving 2007–2011 annual payable for following five years. has allowed a interpretation of terms in lease ca

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