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Courts Service · 2014-11-28 · courts

Court of Appeal increases sentence for Ignatius Forde over false audit reports

court of appeal increases sentence for ignatius forde over false audit reports the has increased imposed on offences involving and acting as an auditor while disqualified, after finding that a €1,000 fine did not adequately reflect seriousness offending. had provided accountancy services in his loca

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Courts Service · 2014-11-28 · courts

High Court orders each side to bear its own costs after energy direction is rescinded

high court orders each side to bear its own costs after energy direction is rescinded the found a judicial review challenge had become moot commission for regulation one direction, and treated that decision as response changed circumstances. [2014] iehc 614 court, commercial ordered viridian power l

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Courts Service · 2014-11-28 · courts

Court of Appeal reduces Sarah Coll’s sentence after finding sentencing error

court of appeal reduces sarah coll’s sentence after finding sentencing error the said judge had taken account matters relating to other crimes for which coll not been prosecuted. it reduced her from six years four, suspending final two on conditions. possession cannabis worth approximately €28,260,

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Courts Service · 2014-11-28 · courts

High Court quashes asylum appeal decision over treatment of political evidence

high court quashes asylum appeal decision over treatment of political evidence the granted leave on three grounds and, treating application as substantive hearing, quashed tribunal and sent matter back to a different member. [2014] iehc 578 has refugee appeals rejecting pakistani man’s against refus

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Courts Service · 2014-11-28 · courts

District Court refuses care orders after 19-day hearing, makes one-year supervision order

district court refuses care orders after 19-day hearing, makes one-year supervision order the found evidence did not meet threshold for full two children, while directing periodic visits by child and family agency urging work towards reunification. [2014] iedc 20 refused agency’s application identif

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Courts Service · 2014-11-28 · courts

High Court orders 28-day prison term over unpaid family maintenance

high court orders 28-day prison term over unpaid family maintenance the found respondent in contempt after finding beyond reasonable doubt that he had refused, rather than been unable, to pay €1,200 a week. it stayed committal order for four days allow him arrears of €19,200. [2014] iehc 648 failing

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Courts Service · 2014-11-28 · courts

High Court leaves limitation defence for trial in Galway townhouse dispute

high court leaves limitation defence for trial in galway townhouse dispute a judge refused to dismiss developer’s action against an engineer as statute barred, finding that over when property damage occurred required oral evidence. [2014] iehc 610 the has engineer’s application claim alleged foundat

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Courts Service · 2014-11-28 · courts

Court of Appeal cuts rape sentence from 10 years to 7½

court of appeal cuts rape sentence from 10 years to 7½ the found errors in original sentence, including failure address appellant’s mental health background. it kept three-year suspended portion and post-release supervision, added a programme requirement. reduced owen power’s for years’ imprisonment

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Courts Service · 2014-11-27 · courts

Court refuses leave to appeal murder conviction based on DNA evidence

court refuses leave to appeal murder conviction based on dna evidence the of criminal rejected five challenges keith wilson’s convictions, including arguments over his arrest, gathered in custody and trial judge’s directions jury. has refused wilson convictions for daniel gaynor possession a firearm

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Courts Service · 2014-11-27 · courts

High Court Awards €36,500 After Finding Wood Dust Worsened Worker’s Asthma

high court awards €36,500 after finding wood dust worsened worker’s asthma the found employer negligent over ineffective protection but did not find that workplace exposure caused plaintiff’s asthma. [2014] iehc 579 awarded a joinery worker hardwood at work temporarily his for failing to provide eff

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Courts Service · 2014-11-27 · courts

Court certifies two murder-law questions for Supreme Court appeal

court certifies two murder-law questions for supreme appeal the of criminal certified on causation after a delayed death and whether duress can be defence to murder. it did not decide those in this ruling. has exceptional public importance consideration by case jonathan dunne, whose murder convictio

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Courts Service · 2014-11-27 · courts

Court of Criminal Appeal dismisses challenge to theft conviction after robbery trial

court of criminal appeal dismisses challenge to theft conviction after robbery trial the upheld jury’s alternative verdict, finding it was included in charge and clearly put jury. dismissed against but left any remaining issues for further hearing. has francis cunningham’s his theft, which jury retu

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Courts Service · 2014-11-27 · courts

High Court refuses Quinn plaintiffs’ bid to strike out IBRC defence over discovery

high court refuses quinn plaintiffs’ bid to strike out ibrc defence over discovery the found that errors had been corrected and did not meet threshold for striking defence. it also declined further ruled an inspection application was premature. [2014] iehc 577 court, commercial has refused by six fa

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Courts Service · 2014-11-27 · courts

High Court quashes refugee appeal decision over ignored country information and credibility findings

high court quashes refugee appeal decision over ignored country information and credibility findings the found flaws in several parts of appeals tribunal’s reasoning sent case back for a fresh by different member. [2014] iehc 566 quashed tribunal refusing sudanese applicant recommendation status, fi

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Courts Service · 2014-11-27 · courts

Court of Criminal Appeal refuses leave in robbery conviction challenge

court of criminal appeal refuses leave in robbery conviction challenge the upheld trial judge’s decisions admitting cctv evidence, dealing with disputed medical evidence and allowing parts interview memoranda before jury. refused trevor o’shea to his for robbing a woman outside dublin’s pro cathedra

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Courts Service · 2014-11-27 · courts

Court refuses DPP bid to overturn suspended sentence in Waterford sexual assault case

court refuses dpp bid to overturn suspended sentence in waterford sexual assault case [2014] ieca 1 of appeal the has refused a application wholly imposed on j.c. for an 18-year-old woman city. pleaded guilty january 2013 sexually assaulting woman, identified as ms a, shared house 27 october 2005. s

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Courts Service · 2014-11-27 · courts

Appeal court replaces five life sentences with concurrent terms of up to 18 years

appeal court replaces five life sentences with concurrent terms of up to 18 years the criminal allowed edward piotrowski’s sentence on counts, citing possibility transfer poland. his convictions and other were not changed by this judgment. replaced imposed piotrowski fixed 10 years, allowing against

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Courts Service · 2014-11-27 · courts

High Court quashes refugee appeal decision over delays and flawed findings

high court quashes refugee appeal decision over delays and flawed findings the set aside appeals tribunal’s 2011 sent case back for a fresh hearing before different member, citing excessive delay unsound findings. [2014] iehc 572 has quashed tribunal rejecting an asylum appeal, finding that lengthy

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Courts Service · 2014-11-27 · courts

Appeal court refuses leave after finding search warrant execution was not proved

appeal court refuses leave after finding search warrant execution was not proved the of criminal found prosecution had failed to prove who executed a for home search, but said resulting evidence peripheral and did affect safety verdict. c.c.a. 69 2009 refused john paul buck his convictions murder ar

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Courts Service · 2014-11-26 · courts

Court of Appeal dismisses appeals against 13-year cannabis sentences

court of appeal dismisses appeals against 13-year cannabis sentences the found no error principle in sentencing approach and upheld both sentences, each with final three years suspended. has dismissed by jason keogh niall o’leary 13 years’ imprisonment, suspended, for their roles a operation. court,

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Courts Service · 2014-11-26 · courts

High Court refuses challenge to rejection of child’s asylum claim

high court refuses challenge to rejection of child’s asylum claim the upheld refugee appeals tribunal’s decision, finding it had considered individual circumstances and acted fairly in assessing evidence. [2014] iehc 571 has refused an application for judicial review by a.k., a child born ireland, c

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Courts Service · 2014-11-26 · courts

High Court refuses leave to challenge refugee appeal decision

high court refuses leave to challenge refugee appeal decision the found tribunal’s credibility reasoning justified and said its consideration of internal relocation did not invalidate decision. [2014] iehc 553 refused m.s. (pakistan)’s application for seek judicial review a appeals tribunal that had

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Courts Service · 2014-11-26 · courts

High Court quashes refugee recommendation over delay reasoning and loss of oral appeal

high court quashes refugee recommendation over delay reasoning and loss of oral appeal the ruled that orac had not properly analysed applicant’s explanation for waiting to seek asylum acted disproportionately in making a finding removed an appeal. [2014] iehc 567 quashed pakistani applicant be decla

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Courts Service · 2014-11-25 · courts

High Court quashes refugee appeal decision over unexplained credibility findings

high court quashes refugee appeal decision over unexplained credibility findings the set aside appeals tribunal’s and sent back for a fresh determination by different member. [2014] iehc 569 has quashed tribunal refusing nigerian man status, finding that three lacked adequate reasons. it remitted hi

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Courts Service · 2014-11-25 · courts

High Court rules political gaffes book did not qualify for artist’s tax exemption

high court rules political gaffes book did not qualify for artist’s tax exemption the answered “no” to legal question in a revenue appeal, ruling that appeal commissioner could treat shane coleman’s as biography under guidelines. [2014] iehc 662 ruled *foot mouth – famous irish gaffes* an income ava

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Courts Service · 2014-11-25 · courts

High Court refuses judicial review of refugee appeal decision

high court refuses judicial review of refugee appeal decision the declined to set aside appeals tribunal’s refusal recommendation, concluding that any error in process did not go heart decision. [2014] iehc 535 has refused an application for challenging recommendation a pakistani applicant be status

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Courts Service · 2014-11-25 · courts

High Court refuses receiver’s bid to take control of Cavan pub and lands

high court refuses receiver’s bid to take control of cavan pub and lands the found a serious issue be tried over whether danske bank sent demand letter before appointing receiver, refused interlocutory relief while proceedings continue. [2014] iehc 629 has application for interim orders that would h

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Courts Service · 2014-11-25 · courts

Court of Appeal reduces custody for two young men over violent Cork assaults

court of appeal reduces custody for two young men over violent cork assaults the has reduced effective prison terms imposed on adam heneghan and colin o’sullivan attacks women in december 2011. first victim, a polish hotel worker, was walking towards city centre at about 2.30am when she encountered

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Courts Service · 2014-11-25 · courts

High Court refuses interim lease relief to Moore Street tenants

high court refuses interim lease relief to moore street tenants the found applicants had not shown a strong arguable case for new short-term leases or orders against respondent that no longer held an interest in premises. [2014] iehc 555 refused interlocutory sought by two companies seeking remain c

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Courts Service · 2014-11-25 · courts

High Court quashes refusal to revoke Armenian man’s deportation order

high court quashes refusal to revoke armenian man’s deportation order the sent matter back for reconsideration, citing failures address his private life, suicide risk and evidence about risks jehovah’s witnesses faced in armenia. [2014] iehc 570 has quashed a decision refusing against an man, findin

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Courts Service · 2014-11-25 · courts

High Court refuses to quash child’s refugee assessment, but rejects state protection finding

high court refuses to quash child’s refugee assessment, but rejects state protection finding the held that officials could rely on findings made in mother’s asylum case and upheld internal relocation assessment. it said lacked supporting evidence, refused commissioner’s report. [2014] iehc 568 an in

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Courts Service · 2014-11-25 · courts

High Court quashes refugee appeal refusal over assessment of medical evidence

high court quashes refugee appeal refusal over assessment of medical evidence the set aside tribunal’s decision and sent matter back for consideration by another member, without deciding whether its credibility findings were valid. [2014] iehc 552 has quashed a appeals tribunal refusing status to ug

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Courts Service · 2014-11-24 · courts

High Court extends Transpeed examiner’s deadline to 27 November

high court extends transpeed examiner’s deadline to 27 november the granted more time prepare and report on proposals for company, while leaving creditors’ rights challenge any eventual scheme intact. [2014] iehc 544 extended examiner of jp express portlaoise limited a compromise or arrangement. ext

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Courts Service · 2014-11-24 · courts

Court of Criminal Appeal dismisses Anthony Farrell’s appeal against murder conviction

court of criminal appeal dismisses anthony farrell’s against murder conviction the rejected claims that trial judge’s directions wrongly removed self-defence from jury or inadequately explained its subjective test. has dismissed his conviction, finding on did not require to be overturned. concerned

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Courts Service · 2014-11-24 · courts

High Court refuses appeal certificate in planning review case

high court refuses appeal certificate in planning review case the rejected four proposed legal questions, finding no uncertainty warranting an to supreme court. [2014] iehc 557 has refused rossmore properties limited and killross leave a judicial concerning bord pleanála eirgrid plc. judgment delive

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Courts Service · 2014-11-24 · courts

Court of Appeal dismisses challenge to consecutive robbery sentences

court of appeal dismisses challenge to consecutive robbery sentences the found no sentencing error or breach totality principle in two terms imposed after guilty pleas. has dismissed gavin kavanagh’s against for robberies, finding and principle. concerned a two-year sentence at bar one racing bookma

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Courts Service · 2014-11-24 · courts

Court cuts Wesley O’Brien violent disorder sentence from six years to four

court cuts wesley o’brien violent disorder sentence from six years to four of appeal the has reduced o’brien’s six-year for after finding that parity was required with another man involved in same serious attack. had been sentenced dublin circuit on 24 february 2012. he originally stood trial charge

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Courts Service · 2014-11-24 · courts

Court of Criminal Appeal quashes brothers’ rape convictions as unsafe

court of criminal appeal quashes brothers’ rape convictions as unsafe the admitted new evidence from a key prosecution witness and said material information could not reasonably have been known to defence at trial. director public prosecutions did seek retrial. has quashed brothers eamon seamus flan

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Courts Service · 2014-11-24 · courts

High Court orders sale of family home in judicial separation appeal

high court orders sale of family home in judicial separation appeal the affirmed decree and ordered jointly owned sold, with net proceeds divided equally after specified costs deductions. [2014] iehc 698 court, law has a following an proceedings, directing that remaining be between parties. judgment

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Courts Service · 2014-11-24 · courts

Court of Appeal upholds 13-year drug sentences for Mark Mahony and Jason Brennan after €3.5m Naas seizure

court of appeal upholds 13-year drug sentences for mark mahony and jason brennan after €3.5m naas seizure the has upheld prison imposed on cocaine heroin valued at about €3.5 million were seized during an operation monread road in naas. both men had pleaded guilty to offences under section 15a misus

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Courts Service · 2014-11-24 · courts

Irish Court of Criminal Appeal orders retrial after self-defence issue was kept from jury

irish court of criminal appeal orders retrial after self-defence issue was kept from jury the held that evidence sufficient for to consider self-defence, including partial defence could reduce murder manslaughter. it quashed conviction and directed a retrial. has thomas o’connor’s killing john o’bri

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Courts Service · 2014-11-20 · courts

High Court orders further particulars in construction materials fraud case

high court orders further particulars in construction materials fraud case the directed a contractor to provide specified details of its deceit claim against irish asphalt and others, with some replies due after discovery. it refused defendants’ applications strike out proceedings. [2014] iehc 547 c

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Courts Service · 2014-11-20 · courts

Supreme Court dismisses appeal after plaintiff’s death leaves no recoverable damages

supreme court dismisses appeal after plaintiff’s death leaves no recoverable damages the held that estate could not recover personal injury sought and dismissed appeal. costs were left for a further hearing. an in action plaintiff died while was part heard, ruling remedy remained to consider. it of

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Courts Service · 2014-11-20 · courts

Supreme Court dismisses Minister’s appeal over refugee family reunification refusal

supreme court dismisses minister’s appeal over refugee family reunification refusal the held that possible costs to state could be considered, but found of for a refugee’s mother and minor sister disproportionate on facts. has dismissed minister justice equality’s somali refugee, affirming high orde

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Courts Service · 2014-11-20 · courts

High Court says learner permit was ineffective during breach of driving conditions

high court says learner permit was ineffective during breach of driving conditions in a consultative case stated, the said driver could be convicted without licence while unaccompanied and l plates, but not insurance offences. [2014] iehc 558 has advised that temporarily when its holder drove qualif

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Courts Service · 2014-11-20 · courts

High Court refuses sergeant’s challenge to proposed Garda dismissal

high court refuses sergeant’s challenge to proposed garda dismissal the rejected a judicial review application over commissioner’s decision seek ministerial consent dismiss sergeant convicted of assault. judgment did not itself her from force. [2014] iehc 545 has refused overturn pursue after convic

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Courts Service · 2014-11-20 · courts

Supreme Court says solicitor negligence claim should proceed to trial

supreme court says solicitor negligence claim should proceed to trial the set aside dismissal of michael keohane’s against solicitors, finding it was not shown be bound fail. did decide whether alleged occurred or keohane suffered loss. allowed appeal his proceedings solicitors duncan grehan and par

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Courts Service · 2014-11-19 · courts

High Court quashes refugee appeal decision over unclear credibility findings and country reports

high court quashes refugee appeal decision over unclear credibility findings and country reports the extended time for judicial review, granted leave on three grounds quashed tribunal’s 2009 decision. it made no finding applicant’s claim. [2014] iehc 543 has a appeals tribunal in georgian man’s asyl

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Courts Service · 2014-11-19 · courts

High Court allows appeal over insurance complaint decisions

high court allows appeal over insurance complaint decisions the found serious errors in financial services ombudsman’s decisions, including its treatment of disputed facts and absence an oral hearing. judgment does not state what further action followed. [2014] iehc 620 has allowed by a limerick man

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Courts Service · 2014-11-19 · courts

High Court refuses challenge to deportation orders for Brazilian family

high court refuses challenge to deportation orders for brazilian family the held that minister had considered children’s welfare and rights before ordering family’s deportation, refused judicial review. [2014] iehc 559 has a application quash made against seven members in march 2012. mr justice mcde

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Courts Service · 2014-11-18 · courts

High Court reduces receiver’s and solicitors’ fees in partnership receivership

high court reduces receiver’s and solicitors’ fees in partnership receivership the set remaining payment at €71,704 allowed €17,038.54 outstanding legal fees, while leaving costs from nova travel proceedings to be dealt with separately. [2014] iehc 684 reduced claimed by a receiver solicitors receiv

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Courts Service · 2014-11-18 · courts

High Court rejects three objections to Polish European arrest warrant

high court rejects three objections to polish european arrest warrant mr justice edwards dismissed challenges based on alleged abuse of process, delay alone and article 8 family-life rights, but the supplied judgment extract does not state final surrender order. [2014] iehc 647 has rejected a seekin

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Courts Service · 2014-11-18 · courts

High Court rejects Galway homeowner’s adverse possession claim

high court rejects galway homeowner’s adverse possession claim the found that roof repairs and insurance by property’s former owner interrupted period needed for michael flaherty’s claim. it deferred any further orders submissions from counsel. [2014] iehc 528 has rejected to have acquired a propert

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Courts Service · 2014-11-18 · courts

High Court dismisses claim over missing footpath stopcock cover

high court dismisses claim over missing footpath stopcock cover the affirmed circuit court’s decision, holding that south dublin county council could not be liable under non-feasance rule without evidence of a negligent repair. [2014] iehc 529 has decision to dismiss zara mccabe’s personal-injury ac

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Courts Service · 2014-11-17 · courts

DPP challenge to €25,000 Drogheda workplace death fine dismissed over defective service

dpp challenge to €25,000 drogheda workplace death fine dismissed over defective service court of appeal the has a prosecution bid increase safety imposed on patrick monaghan (drogheda) limited following three-year-old child at town quay in drogheda. company had pleaded guilty may 2012 failing, as an

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Courts Service · 2014-11-17 · courts

Court upholds eight-year effective sentence for Trevor Williamson over €1.375m cannabis operation

court upholds eight-year effective sentence for trevor williamson over €1.375m cannabis operation of appeal the has upheld williamson’s ten-year sentence, with final two years suspended, his role in a involving drugs worth €1.375 million cork. case arose from garda surveillance on 28 september 2012.

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Courts Service · 2014-11-17 · courts

Court of Appeal replaces suspended sentences with concurrent three-year terms, also suspended

court of appeal replaces suspended sentences with concurrent three-year terms, also the allowed a dpp against leniency in two knife attacks, then replacement full subject to supervision, treatment and abstinence conditions. director public prosecutions imposed on joseph carberry for assaults women d

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Courts Service · 2014-11-17 · courts

High Court orders surrender to Poland after rejecting objections to European arrest warrant

high court orders surrender to poland after rejecting objections european arrest warrant the found that prosecution intended try respondent and was not barred by his family-life rights, delay or uncertainty about warrant. [2014] iehc 649 has ordered of a man under warrant, sought him only for invest

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Courts Service · 2014-11-14 · courts

High Court restrains Warrnambool from taking property leases without Sports Direct’s written consent

high court restrains warrnambool from taking property leases without sports direct’s written consent an interlocutory order bars the company and other defendants proceeding with specified acquisitions pending trial. did not decide whether a voting pact affects requirement. [2014] iehc 546 court, com

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Courts Service · 2014-11-14 · courts

High Court lets delayed brick-defect claim continue

high court lets delayed brick-defect claim continue the found more than six years’ delay in prosecuting case was inordinate and inexcusable, but refused to dismiss proceedings because defendant had shown no specific prejudice only very limited general prejudice. [2014] iehc 542 has a over allegedly

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Courts Service · 2014-11-14 · courts

High Court dismisses challenge to refusal to revoke Pakistani man’s deportation order

high court dismisses challenge to refusal revoke pakistani man’s deportation order the found an error in minister’s treatment of constitutional family rights but held it did not invalidate decision on facts case. [2014] iehc 533 has dismissed a judicial review minister for justice and equality’s aga

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Courts Service · 2014-11-14 · courts

High Court refuses to dismiss guarantee claim over delay

high court refuses to dismiss guarantee claim over delay the found that a significant part of was inordinate and inexcusable, but concluded balance justice favoured letting proceedings continue. [2014] iehc 541 has refused an application against guarantor for want prosecution, despite finding period

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Courts Service · 2014-11-14 · courts

High Court dismisses challenge to Wicklow waste permit revocation

high court dismisses challenge to wicklow waste permit revocation the held that holder had not submitted review application and information required by council’s notice before was revoked. [2014] iehc 537 dismissed a judicial stan o’reilly county of his facility for c&d recycling at merrymeeting, ra

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Courts Service · 2014-11-14 · courts

High Court orders food company to provide security for costs in defamation case

high court orders food company to provide security for costs in defamation case the found unable meet a potential award and rejected its arguments that special circumstances justified dispensing with security. [2014] iehc 536 has directed mcadam products ltd if proceedings against abp group are cont

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Courts Service · 2014-11-14 · courts

High Court awards €160,942.96 for permanent shoulder injury after road crash

high court awards €160,942.96 for permanent shoulder injury after road crash liability had been admitted, so the trial concerned damages. awarded €70,000 in general damages and assessed plaintiff’s remaining losses compensation at €90,942.96. [2014] iehc 574 a plaintiff finding that caused serious t

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Courts Service · 2014-11-13 · courts

High Court refuses appeal certificate in asylum judicial review case

high court refuses appeal certificate in asylum judicial review case the said proposed on separating lawful from unlawful reasons raised no point of exceptional public importance. [2014] iehc 534 has refused an application for a allowing to supreme concerning georgian man’s claim. followed earlier d

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Courts Service · 2014-11-13 · courts

Court of Appeal upholds eight-year sentence for John Cully over two dangerous driving incidents

court of appeal upholds eight-year sentence for john cully over two dangerous driving incidents the has upheld an imposed on serious offences arising from less than eight months apart. received consecutive four-year sentences under section 13 non-fatal against person act 1997. final years combined t

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Courts Service · 2014-11-13 · courts

Appeal court suspends remaining sentence after finding sentencing error

appeal court suspends remaining sentence after finding sentencing error the of found that a below two years could have been considered for john cotter, and suspended any balance still outstanding on condition he keep peace 12 months. an principle in approach taken cotter’s case his remained 13 novem

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Courts Service · 2014-11-13 · courts

Court of Appeal cuts Malachy Boyle drug sentence to seven years over €413,600 cannabis haul

court of appeal cuts malachy boyle drug sentence to seven years over €413,600 cannabis haul the has reduced boyle's for transporting valued at about from england ireland, after finding an error in way statutory ten-year minimum was applied. pleaded guilty his first arraignment may 2010 offence under

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Courts Service · 2014-11-12 · courts

Court of Appeal upholds 10-year sentence for Keith Meehan over robbery spree

court of appeal upholds 10-year sentence for keith meehan over robbery spree the has upheld a prison sentence, with final three years suspended, imposed on five robberies and one attempted robbery. offences took place between june 2010 april 2011 involved pharmacies, shops, bookmaker service station

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Courts Service · 2014-11-12 · courts

District Court grants care orders for three children until adulthood

district court grants care orders for three children until adulthood the were granted on 3 october 2014 after a four-day hearing; judge set out reasons and directions in judgment dated 12 november. [2014] iedc 19 an chúirt dúiche / they reach adulthood, finding required protection unlikely to receiv

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Courts Service · 2014-11-12 · courts

High Court refuses contempt motion over water settlement and strikes out one plaintiff

high court refuses contempt motion over water settlement and strikes out one plaintiff the found 2012 did not contain a clear undertaking to court, so it refused attachment sequestration. separately removed frank egan from proceedings. [2014] iehc 538 {'name': 'high court', 'jurisdiction': none} att

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Courts Service · 2014-11-11 · courts

High Court sets test for parent’s derivative residence rights through EU citizen child

high court sets test for parent’s derivative residence rights through eu citizen child the answered a preliminary question in judicial review brought by nigerian father, but left other issues and remaining proceedings unresolved. [2014] iehc 526 ruled that parent from outside can claim an host state

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Courts Service · 2014-11-11 · courts

Supreme Court orders Clare Council to grant default planning permission

supreme court orders clare council to grant default planning permission the overturned high court’s discretionary refusal of relief, finding ryans’ application for judicial review was within time and ordering issue grant. has a decision that refused relief martin ryan michael in dispute over 2007 tw

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Courts Service · 2014-11-11 · courts

District Court orders care for child until adulthood after finding risk of future harm

district court orders care for child until adulthood after finding risk of future harm the found statutory threshold intervention was met and ordered reaches 18, with a review in november 2015 directions to preserve possibility reunification. [2014] iedc 18 an chúirt dúiche / remain reaching that re

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Courts Service · 2014-11-10 · courts

Court of Appeal upholds nine-year sentence for Cappawhite sword attack

court of appeal upholds nine-year sentence for cappawhite sword attack the has upheld a prison imposed on liam mccarthy in cappawhite, county tipperary, which left martin butler with permanent disabilities. had pleaded guilty at clonmel circuit criminal to assault causing serious harm under section

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Courts Service · 2014-11-10 · courts

Court of Appeal dismisses challenge to six-year effective sentence for two assaults

court of appeal dismisses challenge to six-year effective sentence for two assaults the upheld consecutive terms separate attacks, with final 18 months suspended by sentencing judge. it rejected claims that offences were wrongly placed at upper end seriousness or mitigating factors overlooked. has d

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Courts Service · 2014-11-10 · courts

Court of Appeal suspends final year of sentence for assault and criminal damage

court of appeal suspends final year sentence for assault and criminal damage the found an error in principle imposing maximum on a 17-year-old first offender, while describing offence as exceptionally serious. suspended 12 months anthony elders’ causing harm damage, subject to payment €4,000 injured

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Courts Service · 2014-11-10 · courts

High Court substitutes Stone as plaintiff in IBRC debt case

high court substitutes stone as plaintiff in ibrc debt case the allowed a procedural application to replace with lsref iii investments ltd. it did not decide whether assignment was valid or is entitled judgment. [2014] iehc 527 court, commercial has ordered irish bank resolution corporation (in spec

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Courts Service · 2014-11-10 · courts

Court of Appeal suspends Aaron Maunsell’s one-year heroin sentence after rehabilitation progress

court of appeal suspends aaron maunsell’s one-year heroin sentence after rehabilitation progress the has suspended a prison imposed on maunsell for possessing sale or supply finding that his justified giving him chance to remain out custody. was arrested following vehicle stop march 1, 2010. he late

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Courts Service · 2014-11-10 · courts

Appeal court cuts sentence for post-murder obstruction to four years, suspends balance beyond time served

appeal court cuts sentence for post-murder obstruction to four years, suspends balance beyond time served the of found original did not sufficiently account duress affecting appellant’s later acts and spent in custody. it imposed a four-year term, with two years suspended, ordered any remaining susp

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Courts Service · 2014-11-10 · courts

Court of Appeal dismisses challenge to five-year sentence for attempted robbery

court of appeal dismisses challenge to five-year sentence for attempted robbery the found no error in sentencing judge’s consideration mitigation or difference between appellant’s and his co-accused’s. has dismissed gerard grey’s against severity a prison robbery, finding principle approach. heard o

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Courts Service · 2014-11-09 · courts

Court of Appeal stays Rayan Restaurant’s appeal pending €81,057 in security

court of appeal stays rayan restaurant’s pending €81,057 in security the company must provide €40,528.50 for each respondent’s costs. order concerns costs; itself was not decided. [2015] ieca 264 has stayed restaurant limited’s against dismissal its professional negligence proceedings until it provi

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Courts Service · 2014-11-07 · courts

Supreme Court allows farmer’s appeal over compensation for Cooley Peninsula sheep cull

supreme court allows farmer’s appeal over compensation for cooley peninsula sheep cull the said under 1966 act could include consequential business losses and sent case back to high assess total loss. allowed farmer brendan rafferty’s compulsory of his flock during 2001 foot-and-mouth outbreak on pe

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Courts Service · 2014-11-07 · courts

High Court approves supervised route for Berehaven Credit Union debt cases

high court approves supervised route for berehaven credit union debt cases the liquidators may use a solicitor-led process ordinary loan recovery claims in lower courts, subject to reporting, limits and case-specific safeguards. [2014] iehc 519 approved union’s pursue certain debts without seeking s

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Courts Service · 2014-11-07 · courts

High Court quashes three convictions imposed in Donegal for Dublin and Newbridge charges

high court quashes three convictions imposed in donegal for dublin and newbridge charges the found that proceedings begun could not be tried after accused moved there. it remitted to metropolitan district court. [2014] iehc 524 has quashed at letterkenny finding lacked jurisdiction try had already b

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Courts Service · 2014-11-07 · courts

High Court refuses security for costs in €10m VAT dispute

high court refuses security for costs in €10m vat dispute the declined authority’s application to require dublin waterworld limited provide its costs, but ordered disclosure of anyone willing fund litigation. [2014] iehc 518 has refused an by national sports campus development authority a damages ac

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Courts Service · 2014-11-07 · courts

Supreme Court sends foot-and-mouth compensation issue back to High Court

supreme court sends foot-and-mouth compensation issue back to high justice o’donnell agreed that the farmers’ claim must return court, while warning statutory rules gave valuers little guidance. has a arising from destruction of animals during 2001 outbreak including question consequential loss. in

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Courts Service · 2014-11-07 · courts

High Court makes proceeds of crime order after hearing challenge to search evidence

high court makes proceeds of crime order after hearing challenge to search evidence the found a prima facie case concerning cash, car and investment bonds, but excluded €14,350 from account for legitimate potentially sources. [2014] iehc 583 has made an sought by criminal assets bureau in proceeding

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Courts Service · 2014-11-07 · courts

High Court substitutes Deutsche Bank as plaintiff in loan claim

high court substitutes deutsche bank as plaintiff in loan claim the order followed a prima facie showing that loans had been assigned. judge left assignment’s validity for trial. [2014] iehc 517 court, commercial has substituted ag irish resolution corporation limited (in special liquidation) agains

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Courts Service · 2014-11-07 · courts

Supreme Court judge would reverse surrogacy declarations but remit guardianship question

supreme court judge would reverse surrogacy declarations but remit guardianship question in a separate judgment appeal, john macmenamin j. agreed with allowing the state’s appeal and reversing high declarations, also have sent case back to consider appointing genetic parents as guardians. that regis

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Courts Service · 2014-11-07 · courts

Supreme Court appeal over twins’ legal motherhood ends without majority judgment

supreme court appeal over twins’ legal motherhood ends without majority judgment the heard a challenge to high ruling on whether genetic mother could be recognised their birth certificates. justice clarke’s individual favoured recognition of both and mothers, but said that view did not command major

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Courts Service · 2014-11-07 · courts

Supreme Court judge would allow appeal but recognise constitutional rights of surrogate-born twins and genetic mother

supreme court judge would allow appeal but recognise constitutional rights of surrogate-born twins and genetic mother in a judgment delivered on 7 november 2014, mr justice william mckechnie said the status children act 1987 did not cover case’s split between gestational motherhood. he state’s while

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Courts Service · 2014-11-07 · courts

Supreme Court allows appeal in assisted reproduction parenthood case

supreme court allows appeal in assisted reproduction parenthood case a separate judgment, mr justice hardiman said the high order should be set aside, arguing that major changes to law required legislation. [2014] iesc 60 allowed an and aside court’s concerning legal status of children born through

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Courts Service · 2014-11-07 · courts

High Court awards €1.14m to man left unable to work after road crash

high court awards €1.14m to man left unable work after road crash the assessed damages for serious nasal injuries and an ongoing psychiatric condition, finding plaintiff was unlikely return open employment. [2014] iehc 523 awarded freddie o’riordan €1.14 million in that sustained a 2007 him with sev

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Courts Service · 2014-11-07 · courts

Court dismisses Carol Hawkins’s appeal against seven-year sentence

court dismisses carol hawkins’s appeal against seven-year sentence the of criminal found no error principle in imposed for thefts about €2.8 million from her employer. has dismissed prison sentence, ruling that trial judge made principle. judgment, delivered by mr justice charleton on 7 november 201

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Courts Service · 2014-11-07 · courts

Supreme Court dismisses appeal over judgment mortgages and proposed land sale

supreme court dismisses appeal over judgment mortgages and proposed land sale the affirmed a high order charging five on in county galway allowing reduced plot to be sold if debt was not paid. it also dismissed two motions brought by kelly. robert ewing’s against concerning registered folio 1347 gal

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Courts Service · 2014-11-07 · courts

Supreme Court overturns order to register genetic mother on twins’ birth certificates

supreme court overturns order to register genetic mother on twins’ birth certificates the allowed state’s appeal, holding that irish law then in force did not provide a route resolve maternity registration surrogacy cases. it quashed high orders without deciding who should be registered as mother. a

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Courts Service · 2014-11-07 · courts

Supreme Court allows procurement challenge to add capacity ground, refuses damages claim

supreme court allows procurement challenge to add capacity ground, refuses damages claim the said legal ground had been raised with state at outset and would not delay trial. it refused a amendment that explained or particularised. has allowed 11 office equipment companies of commissioners public wo

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Courts Service · 2014-11-07 · courts

Supreme Court rules birth mother must be registered in surrogacy case

supreme court rules birth mother must be registered in surrogacy case the allowed appeal, holding that civil registration act 2004 refers to woman who gave birth. it set aside high order and said changes law are for oireachtas. an appeal over of twins born through a arrangement, requires as their mo

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Courts Service · 2014-11-07 · courts

High Court rejects bid to limit costs in fish-farming licence challenge

high court rejects bid to limit costs in fish-farming licence challenge the held that environmental protections relied on by waterville fisheries development limited did not apply its judicial review proceedings, leaving earlier orders place. [2014] iehc 522 has refused an application exposure after

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Courts Service · 2014-11-07 · courts

Supreme Court says birth mother must be registered at birth in surrogacy case

supreme court says birth mother must be registered at in surrogacy case the allowed state’s appeal and held that civil registration act 2004 requires woman who gave to as mother. it confined its decision immediate registration. a about recorded of twins born through arrangement. that, under 2004, th

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Courts Service · 2014-11-06 · courts

High Court rejects tenant’s appeal over PRTB jurisdiction

high court rejects tenant’s appeal over prtb jurisdiction the found no legal error in tribunal’s decision that residential tenancies act did not apply to accommodation, and rejected his procedural fairness claims. [2014] iehc 554 has dismissed michael tully’s on a point of law against determination

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Courts Service · 2014-11-05 · courts

High Court refuses challenge to rejection of Pakistani woman’s refugee appeal

high court refuses challenge to rejection of pakistani woman’s refugee appeal the found that tribunal’s assessment state protection outside waziristan and relocation lahore or karachi was not unreasonable. [2014] iehc 520 has refused a application for judicial review decision rejecting her appeal, f

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Courts Service · 2014-11-05 · courts

High Court refuses challenge to deportation order after considering refoulement reasons

high court refuses challenge to deportation order after considering refoulement reasons the extended time for a judicial review but refused quash or grant relief concerning later revocation application. [2014] iehc 521 has against m.o., nigerian national, finding that minister’s decision on could be

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Courts Service · 2014-11-05 · courts

High Court sets terms for transfer of family business shares in separation and divorce case

high court sets terms for transfer of family business shares in separation and divorce case the directed that husband’s to him, subject conditions, outlined financial provision his wife two children. it left final orders be settled after further submissions. [2014] iehc 688 has a shareholding compan

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Courts Service · 2014-11-05 · courts

District Court orders care for Child 4 until 18, with review in two years

district court orders care for child 4 until 18, with review in two years the found that neither parent could currently provide consistent care. it made a long-term order, directed support and access, left reunification open to later review. [2014] iedc 17 an chúirt dúiche order age of scheduled nov

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Courts Service · 2014-11-04 · courts

High Court rules blank warrant section did not prevent surrender in Polish case

high court rules blank warrant section did not prevent surrender in polish case the held that supplementary information was unnecessary because respondent had challenged certification he informed of trial. [2014] iehc 515 ruled a european arrest slawomir palonka to poland circumstances his case. jud

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Courts Service · 2014-11-04 · courts

High Court dismisses challenge to refusal of subsidiary protection and deportation order

high court dismisses challenge to refusal of subsidiary protection and deportation order the found minister’s conclusions were fairly supported by country information rejected applicant’s challenge. it did not consider proposed grounds that had been included in her judicial review pleadings. [2014]

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Courts Service · 2014-11-04 · courts

High Court finds Ryan’s enhanced-remission refusal relied on an unlawful criterion

high court finds ryan’s enhanced-remission refusal relied on an unlawful criterion the held that minister’s decision used a “most exceptional cases” test not found in prison rules. it had yet decided what order to make. [2014] iehc 513 minister for justice and equality’s grant edward ryan enhanced r

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Courts Service · 2014-11-04 · courts

Supreme Court upholds life sentence for Eric Daniels over attempted murder of 10-year-old girl

supreme court upholds life sentence for eric daniels over attempted murder of 10-year-old girl the has upheld a imposed on attempting to aged about 10 after luring her field near their homes. was 18 when he told child that had seen puppies in field. while they searched, placed lace around neck and t

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Courts Service · 2014-11-03 · courts

High Court dismisses appeal over solicitor disciplinary complaint

high court dismisses appeal over solicitor disciplinary complaint the upheld a tribunal decision that there was no prima facie case for an inquiry into michael shanley’s conduct. [2014] iehc 548 dismissed kevin dunne’s against solicitors concerned three of five complaints considered by tribunal; did

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Courts Service · 2014-11-03 · courts

High Court dismisses solicitor-discipline appeal over disputed €250,000 payment

high court dismisses solicitor-discipline appeal over disputed €250,000 payment the upheld tribunal’s decision that there was no prima facie case for an inquiry into a solicitor’s conduct. it did not decide whether legal fees were excessive or good value. [2014] iehc 549 has dismissed against discip

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Courts Service · 2014-11-03 · courts

High Court dismisses appeal over solicitor misconduct inquiry

high court dismisses appeal over solicitor misconduct inquiry the upheld disciplinary tribunal’s decision that complaint disclosed no prima facie case for inquiry. it did not decide who owned disputed property. [2014] iehc 550 has dismissed an against a solicitors tribunal about property registratio

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