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Courts Service · 2014-12-26 · courts

High Court authorises withdrawal of support for brain-dead pregnant woman

high court authorises withdrawal of support for brain-dead pregnant woman the found there was no realistic prospect that unborn child would be born alive and authorised medical team, at its discretion, to withdraw ongoing somatic support. [2014] iehc 622 a who had suffered brain stem death while 15

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Courts Service · 2014-12-22 · courts

High Court cuts liquidator’s fees by €200,000 in Custom House Capital winding-up

high court cuts liquidator’s fees by €200,000 in custom house capital winding-up the measured kieran wallace’s remuneration for work to october 2013 at €1.11 million plus outlays and vat, allowed legal costs subject clarification. it reserved precise order further directions. [2014] iehc 705 reduced

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Courts Service · 2014-12-22 · courts

State ordered to pay €127,905 over postal worker’s unlawful dismissal

state ordered to pay €127,905 over postal worker’s unlawful dismissal the high court found that a failure apply eu residence law correctly led an post dismissing ewaen fred ogieriakhi in 2007. it awarded damages for lost income and breach of his constitutional right good name. [2014] iehc 582 after

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Courts Service · 2014-12-19 · courts

High Court upholds ESB notice for temporary power-line diversion on Kildare land

high court upholds esb notice for temporary power-line diversion on kildare land the rejected killross properties’ challenge to a wayleave works linked an electricity-line upgrade, while recognising right compensation loss. [2014] iehc 635 upheld allowing of existing 110kv electricity line across ow

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Courts Service · 2014-12-19 · courts

Court of Appeal rejects appeal against eight-year sentence for former teacher

court of appeal rejects against eight-year sentence for former teacher the found no error in principle repeated indecent assaults on a boy, while noting that earlier convictions had been inaccurately described. has rejected an severity imposed michael byrne committed boy over several years. ex tempo

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Courts Service · 2014-12-19 · courts

Londis franchise dispute ends with split costs order

londis franchise dispute ends with split costs order the high court rejected franchisees’ equipment and lost-salary claims, then awarded them seven days’ for main action while allowing its summary judgment half a day’s costs, to be set off. [2014] iehc 660 has former franchisees in their adm plc, al

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Courts Service · 2014-12-19 · courts

Supreme Court dismisses O’Donnell children’s appeal over Gorse Hill securities

supreme court dismisses o’donnell children’s appeal over gorse hill securities the upheld high court’s finding that vico limited owned killiney property and could grant security it to bank of ireland. [2014] iesc 65 has dismissed an by four children brian mary patricia o’donnell, upholding decision

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Courts Service · 2014-12-19 · courts

Supreme Court cuts Leech libel award to €1.25m

supreme court cuts leech libel award to €1.25m the set aside a jury’s €1.872m against independent newspapers and substituted €1.25m, while leaving verdict undisturbed. has reduced damages awarded monica in her case (ireland) limited, setting €1.872 million substituting €1.25 million. appeal concerne

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Courts Service · 2014-12-19 · courts

High Court finds condition on deportation revocation request unlawful

high court finds condition on deportation revocation request unlawful the ruled that requiring a woman to report immigration authorities before considering her revoke orders was unlawful, and found ensuing arrest detention unlawful. [2014] iehc 643 imposed seeking of order as were subsequent at doch

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Courts Service · 2014-12-19 · courts

Supreme Court sets aside €1.872m damages award in Monica Leech defamation case

supreme court sets aside €1.872m damages award in monica leech defamation case a majority reassessed at €1.25m after finding the jury’s disproportionate. one judge would instead have ordered retrial on damages. set €1.872 million jury to her action against independent newspapers (ireland) limited an

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Courts Service · 2014-12-19 · courts

High Court lets management companies’ land claims proceed, keeps lis pendens in place

high court lets management companies’ land claims proceed, keeps lis pendens in place a receiver’s bid to dismiss proceedings over two portlaoise business park lots and remove registered was refused. the made no final ruling on underlying property disputes. [2014] iehc 596 has refused application br

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Courts Service · 2014-12-19 · courts

Supreme Court allows Monica Leech’s appeal over jury verdict in defamation case

supreme court allows monica leech’s appeal over jury verdict in defamation case the found jury’s unsafe after it returned a decision within minutes of being told to reconsider following further direction. has allowed against for independent newspapers (ireland) limited, finding because how received

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Courts Service · 2014-12-19 · courts

High Court refuses to halt armed robbery trial over delay

high court refuses to halt armed robbery trial over delay the found at least 11 months of culpable prosecutorial and accepted that applicant lost juvenile protections, but ruled prejudice did not outweigh public interest in proceeding with serious charges. [2014] iehc 642 refused an application stop

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Courts Service · 2014-12-19 · courts

Supreme Court upholds one-year extension of bankrupt’s discharge

supreme court upholds one-year extension of bankrupt’s discharge the ruled that bankruptcy may be postponed as a civil sanction for established non-cooperation or undisclosed assets, even when no further inquiry is needed. it dismissed gerard killally’s appeal and affirmed high order. has upheld ord

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Courts Service · 2014-12-19 · courts

Supreme Court sets aside jury verdict in Monica Leech defamation appeal

supreme court sets aside jury verdict in monica leech defamation appeal the found jury’s unsafe after it was not possible to be sure jurors reconsidered their decision following a disputed direction on how assess an article’s meaning. allowed appeal; judgment did decide whether article defamatory. h

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Courts Service · 2014-12-19 · courts

High Court refuses challenge to forfeiture of €15,000 seized from late Gerard Grant

high court refuses challenge to forfeiture of €15,000 seized from late gerard grant the rejected a judicial review circuit order forfeiting cash, finding that an inspector had lawfully it under section 38 in 2011. was refused; noted statutory appeal been available. [2014] iehc 627 has refused applic

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Courts Service · 2014-12-19 · courts

High Court orders surrender of Polish respondent after rejecting objections

high court orders surrender of polish respondent after rejecting objections the found european arrest warrant’s requirements were met and ordered to poland, challenges based on alleged offences, prosecution stage, health, family ties delay. [2014] iehc 650 piotr antkiewicz surrendered poland under a

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Courts Service · 2014-12-19 · courts

High Court refuses challenge over oral hearing in domiciliary care allowance appeal

high court refuses challenge over oral hearing in domiciliary care allowance appeal the held that an appeals officer could offer a as part of review decision, but did not decide whether original paper should have included hearing. [2014] iehc 641 has refused application for judicial by anonymised mo

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Courts Service · 2014-12-19 · courts

High Court refuses receiver over future personal injury damages

high court refuses receiver over future personal injury damages the held it had no jurisdiction to appoint a that might become payable second defendant, despite an earlier conditional order. [2014] iehc 656 refused application by start mortgages limited make absolute order appointing any settlement

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Courts Service · 2014-12-19 · courts

High Court refuses judicial review after social welfare applicant is offered an oral hearing

high court refuses judicial review after social welfare applicant is offered an oral hearing the held that chief appeals officer could arrange as part of a statutory revision officer’s decision. it refused applicant’s reliefs. [2014] iehc 633 challenge proposed to revise his invalidity pension appea

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Courts Service · 2014-12-19 · courts

High Court orders €750,000 payment to applicant in family finance dispute

high court orders €750,000 payment to applicant in family finance dispute the also entered judgment for €1.8 million against respondent, stayed execution two years subject conditions, and adjourned applicant’s divorce claim. [2014] iehc 673 ordered that be paid from funds held proceedings, as part o

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Courts Service · 2014-12-19 · courts

High Court quashes refugee appeal decision over interpreter and credibility assessment

high court quashes refugee appeal decision over interpreter and credibility assessment the granted leave for judicial review quashed a 2010 refusal of status, ordering reconsidered by different tribunal member. [2014] iehc 623 has appeals refusing status to an anonymised iraqi applicant, finding fla

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Courts Service · 2014-12-19 · courts

High Court rules daughter owned funds in joint account after father’s death

high court rules daughter owned funds in joint account after father’s death the found was opened with an intention that its surviving holder receive funds. it rejected claim money held for estate. [2014] iehc 694 ruled jean maher became solely entitled to a she her late father, michael hoare, his de

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Courts Service · 2014-12-19 · courts

High Court rejects challenge to mental health tribunal’s detention review

high court rejects challenge to mental health tribunal’s detention review the found tribunal gave adequate reasons for affirming a.x.’s admission order and refused all relief sought, also concluding judicial had become moot. [2014] iehc 592 has application of a decision an her involuntary hospital.

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Courts Service · 2014-12-18 · courts

High Court awards €75,000 for Garda’s knee injury after 1995 incident

high court awards €75,000 for garda’s knee injury after 1995 incident the found officer’s right was probably caused by a workplace incident, but rejected causal link between that and his later shoulder problems. [2014] iehc 645 awarded retired garda in general damages injuries it attributable to an

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Courts Service · 2014-12-18 · courts

Supreme Court upholds dismissal of sexual assault civil action after key defence witnesses died

supreme court upholds dismissal of sexual assault civil action after key defence witnesses died the said disputed claim could no longer receive a fair trial because defendant and his wife, principal witness, had died. [2014] iesc 75 court; high (prior decision) has dismissed an appeal by fiona whela

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Courts Service · 2014-12-18 · courts

Court of Appeal increases sentence for serious assault to 10 years

court of appeal increases sentence for serious assault to 10 years the found original six-year unduly lenient and substituted a 10-year term, suspending final two on similar conditions. [5cja/14] increased paul mcmenamy’s occasioning harm from six years, with year suspended, years’ imprisonment, del

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Courts Service · 2014-12-18 · courts

High Court declares Ulster Bank’s equitable charge over five Sligo folios

high court declares ulster bank’s equitable charge over five sligo folios the found that land certificates were deposited as security for borrowing, not held safekeeping. it declared debt specified in summons well charged on defendant’s interest lands, while noting a separate challenge to lien regis

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Courts Service · 2014-12-18 · courts

Court of Appeal replaces Paul Doolan prison term with 200 hours community service

court of appeal replaces paul doolan prison term with 200 hours community service the has replaced an immediate sentence imposed on for his role in a robbery at hacketts bookmakers cork service. had received two years' imprisonment, final year suspended, december 5, 2013 robbery. he already spent ab

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Courts Service · 2014-12-18 · courts

High Court refuses bid to remove solicitor from family law appeal

high court refuses bid to remove solicitor from family law appeal the found had confidential information earlier advice respondent, but refused an injunction because original issues been decided and removing her would prejudice applicant’s appeal. [2014] iehc 687 that have stopped a representing app

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Courts Service · 2014-12-18 · courts

High Court awards €13.522m to child injured during birth

high court awards €13.522m to child injured during birth the assessed future care and equipment damages at a 1% rate of return after rejecting hse’s request resolve remaining claim through periodic payments. [2014] iehc 590 awarded €13.522 million gill russell, who suffered catastrophic injuries bec

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Courts Service · 2014-12-18 · courts

Court upholds four-year sentence for glass attack in Dungarvan bar

court upholds four-year sentence for glass attack in dungarvan bar of appeal the has upheld a prison imposed on alan o’keeffe an unprovoked that left man with severe permanent facial injuries bar. was convicted by jury may 2013 assault causing harm to hogan at anchor he sentenced waterford circuit c

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Courts Service · 2014-12-18 · courts

Court of Appeal suspends remaining prison sentence for man convicted in fatal drink-driving case

court of appeal suspends remaining prison sentence for man convicted in fatal drink-driving case the found an error principle trial judge’s evaluation appellant’s exceptional health circumstances. it upheld his conviction and three-year driving disqualification. suspended balance gerard brett’s afte

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Courts Service · 2014-12-18 · courts

High Court finds asylum readmission review process did not provide an effective remedy

high court finds asylum readmission review process did not provide an effective remedy the held that internal ministerial combined with judicial meet eu requirement for before a or tribunal. it left final order later hearing. [2014] iehc 638 has found ireland’s procedure reviewing refusals to readmi

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Courts Service · 2014-12-18 · courts

High Court awards mother costs after emergency care placement application

high court awards mother costs after emergency care placement application the ruled for on costs, finding that her successful followed a failure to secure an approved therapeutic daughter. [2014] iehc 697 has ordered child and family agency health service executive (hse) pay who brought over of daug

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Courts Service · 2014-12-18 · courts

High Court refuses shareholders’ bid to restrict Minister’s Permanent TSB share rights

high court refuses shareholders’ bid to restrict minister’s permanent tsb share rights the refused interim injunctions pending a european ruling, finding that proposed restrictions could hinder bank’s capital plan and damages provide an adequate remedy if plaintiffs later succeed. [2014] iehc 595 ha

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Courts Service · 2014-12-17 · courts

High Court rules caravan park liable for water charges but not domestic sewage fees

high court rules caravan park liable for water charges but not domestic sewage fees a modular judicial review over at bettystown found that supplied through the operator did qualify statutory exemption, while untreated did. [2014] iehc 646 has ruled irish may charge of park, disposing park’s under l

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Courts Service · 2014-12-17 · courts

High Court orders trustees to disclose assets and legal funding after €18.7m judgment

high court orders trustees to disclose assets and legal funding after €18.7m judgment the directed of victory christian fellowship provide information documents bank scotland, while leaving any claim for costs against funders a later application. [2014] iehc 655 has ordered about fellowship’s income

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Courts Service · 2014-12-17 · courts

High Court rules solicitor’s absence did not automatically exclude drink-driving blood evidence

high court rules solicitor’s absence did not automatically exclude drink-driving blood evidence in a consultative case stated, the answered two legal questions about sample and photograph taken during detention. it decide underlying prosecution. [2014] iehc 652 ruled that fact nominated solicitor ha

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Courts Service · 2014-12-17 · courts

Court upholds 15-year sentences for father convicted of decades-long sexual abuse of daughters

court upholds 15-year sentences for father convicted of decades-long sexual abuse daughters appeal the has upheld imposed on ld after he was multiple rapes and indecent assaults against his two over a period spanning many years. by central criminal jury 12 december 2013 an indictment containing 30 o

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Courts Service · 2014-12-17 · courts

High Court changes custody and property orders in divorce appeal

high court changes custody and property orders in divorce appeal the granted mother sole of three children awarded her two properties, while ordering therapy before father’s access could begin. [2014] iehc 699 varied custody, access, maintenance a appeal, granting respondent awarding leinster foreig

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Courts Service · 2014-12-17 · courts

Dunnes Stores liable for Newbridge worker’s back injury, High Court rules

dunnes stores liable for newbridge worker’s back injury, high court rules the found retailer failed to provide adequate task-specific training, supervision and risk assessment before a shop assistant injured her lifting suitcase box in 2007. it awarded €85,255 damages. [2014] iehc 639 has held assis

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Courts Service · 2014-12-17 · courts

Court of Appeal doubles two rape sentences to 12 years

court of appeal doubles two rape sentences to 12 years the found original very seriously inadequate, quashed six-year terms for offences against j.c. and substituted each. other were not changed by order described. has imposed on christopher farrell replaced each with a 12-year sentence, finding “ve

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Courts Service · 2014-12-17 · courts

High Court refuses request for affidavits in Lowry costs case

high court refuses request for affidavits in lowry costs case the rejected a tribunal respondent’s application to inspect from separate proceedings, while leaving open possibility of seeking access through another legal route. [2014] iehc 602 refused an by mr justice michael moriarty, sole member ex

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Courts Service · 2014-12-17 · courts

Supreme Court dismisses Hoares’ appeal over Galway properties and bank lending

supreme court dismisses hoares’ appeal over galway properties and bank lending the upheld high court’s dismissal of michael mary hoare’s claim, finding had agreed to a 12-month review period before enforcing security 15 mortgaged properties. has dismissed allied irish banks’ enforcement properties,

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Courts Service · 2014-12-17 · courts

Court of Appeal sets aside sentence in aggravated burglary appeal

court of appeal sets aside sentence in aggravated burglary the found an error suspending three years to reflect mitigation, but did not disturb trial judge’s assessment offence’s gravity. has set eight-year imposed on rory gahan for burglary, finding decision suspend final mitigating factors. was al

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Courts Service · 2014-12-17 · courts

High Court strikes out challenge to social welfare appeal decision

high court strikes out challenge to social welfare appeal decision the ruled that a special summons challenging benefit decisions did not set clear point of law and disclosed no reasonable cause action. [2014] iehc 672 struck joseph o’loughlin’s against minister for protection, ruling it action was

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Courts Service · 2014-12-16 · courts

Court upholds 10-year sentences over Ballyfermot gun attack on house

court upholds 10-year sentences over ballyfermot gun attack on house of appeal the has upheld ten-year imposed sean mcdermott and jason mcloughlin for a planned in while both men were bail earlier offences. 27 january 2011, two travelled by motorbike to fired three cartridges through front living-ro

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Courts Service · 2014-12-16 · courts

High Court says Emberton must prove standing before late debt claim can proceed

high court says emberton must prove standing before late debt claim can proceed the found finance had not shown it owned a secured against wexford property and set out what would follow if produced adequate documents. [2014] iehc 619 that limited established its to seek permission submit proceeds of

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Courts Service · 2014-12-16 · courts

Court of Appeal imposes 12-month prison term on Samuel Campbell over €1.1m Revenue offences

court of appeal imposes 12-month prison term on samuel campbell over €1.1m revenue offences the has imposed a sentence car dealer after finding that wholly suspended sentences for involving liabilities about €1.1 million were unduly lenient. pleaded guilty in september 2013 to nine representative co

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Courts Service · 2014-12-16 · courts

Court of Appeal reduces VAT sentence and suspends final eight months of handling sentence

court of appeal reduces vat sentence and suspends final eight months handling the found an error in structure a for offences concluded that part consecutive stolen property should be suspended. reduced derek floyd’s from six years, with year suspended, to five it also suspended separate three-year p

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Courts Service · 2014-12-16 · courts

Court of Appeal upholds 10-year sentence for former priest Peter Kennedy over abuse of 18 boys

court of appeal upholds 10-year sentence for former priest peter kennedy over abuse 18 boys the has upheld a prison imposed on indecent assaults complainants period stretching from 1968 to 1986. had pleaded guilty 27 counts assault. with one exception, were schoolboys. some related him, while others

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Courts Service · 2014-12-16 · courts

Court of Appeal orders release of teenager after quashing six-month contempt sentence

court of appeal orders release teenager after quashing six-month contempt sentence the said proceedings lacked careful procedural safeguards required before imprisonment. it restored earlier bail conditions, except for curfew that had already been removed. ordered a who spent ten weeks in custody re

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Courts Service · 2014-12-16 · courts

Court of Appeal orders prisoner’s release after ruling warrant did not justify continued detention

court of appeal orders prisoner’s release after ruling warrant did not justify continued detention the allowed an from dismissal article 40 inquiry, finding that a sentence relied on to start consecutive term had yet taken effect. karl mullen’s against his constitutional challenge and ordered forthw

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Courts Service · 2014-12-15 · courts

Court overturns four-year driving ban imposed on John Sweeney over stolen van sale

court overturns four-year driving ban imposed on john sweeney over stolen van sale of appeal the has overturned a after he sold ford transit to an innocent buyer for €4,200. had pleaded guilty in circuit theft and possession property. been from laundry company london was under false name frank butle

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Courts Service · 2014-12-15 · courts

Court of Appeal refuses bid to increase sentence for assault on garda

court of appeal refuses bid to increase sentence for assault on garda the said two-year sentence, with six months suspended, was not a substantial departure from an appropriate sentence. refused director public prosecutions application review as unduly lenient imposed causing harm garda. judgment, d

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Courts Service · 2014-12-15 · courts

Court of Appeal dismisses challenge to four-year drug sentence

court of appeal dismisses challenge to four-year drug sentence the found no error principle in circuit for four counts arising from a december 2010 detection. separate concurrent was not under appeal. has dismissed an against severity prison imposed on marie troy possessing controlled drugs supply,

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Courts Service · 2014-12-15 · courts

Court of Appeal dismisses DPP appeal over suspended sentence

court of appeal dismisses dpp over suspended sentence the found that a three-year sentence, in full, was lenient but had not been shown to be unduly or based on an error principle. has dismissed director public prosecutions against full after j.p. pleaded guilty five counts involving sexual acts wit

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Courts Service · 2014-12-15 · courts

Court of Appeal increases sentence for armed home invasion to six years

court of appeal increases sentence for armed home invasion to six years the found original substantially below appropriate range, then reduced its replacement term by a year account rehabilitation evidence. increased simon gentles’s violent invasion, finding that involved substantial departure from

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Courts Service · 2014-12-14 · courts

High Court rejects challenge to refusal of fresh asylum application

high court rejects challenge to refusal of fresh asylum application the held that minister’s assessment a later medical report did not justify quashing readmit applicant process. [2014] iehc 658 has rejected congolese woman’s judicial review minister for justice and equality’s let her make refugee s

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Courts Service · 2014-12-12 · courts

High Court rejects challenge to subsidiary protection scheme but rules torture definition unlawful

high court rejects challenge to subsidiary protection scheme but rules torture definition unlawful the upheld transfer of decision-making powers under 2013 regulations, while declaring their inconsistent with eu law. [2014] iehc 618 rejected a decisions refugee applications commissioner, declared th

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Courts Service · 2014-12-12 · courts

High Court rejects neighbours’ claims in decade-long Wicklow hedge dispute

high court rejects neighbours’ claims in decade-long wicklow hedge dispute the found defendants owned laneway and hedge, subject to plaintiffs’ right trim growth extending into their garden, granted a declaration on counterclaim. [2014] iehc 617 court, circuit appeal, eastern circuit, county of has

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Courts Service · 2014-12-12 · courts

Court of Appeal cuts Matthew Conroy's seven-year term to three years over Thurles crime spree

court of appeal cuts matthew conroy's seven-year term to three years over thurles crime spree the has reduced prison from an effective seven for five offences committed in quick succession around thurles, co tipperary, november 2012. began with conroy breaking into mr mannix's home, taking car keys,

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Courts Service · 2014-12-12 · courts

Court of Appeal reduces young man’s sentence for Carrickmacross jewellery theft

court of appeal reduces young man’s sentence for carrickmacross jewellery theft the replaced a two-year detention with one year, suspended balance on conditions and ordered €5,000 compensation to be paid within month. 203/14 reduced imposed samuel rostas his part in from shop carrickmacross, replaci

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Courts Service · 2014-12-12 · courts

High Court orders limited discovery in Ryanair defamation case

high court orders limited discovery in ryanair defamation case the granted applications by both sides, rejecting ryanair’s broad request for all documents used to make a television programme. [2014] iehc 630 has ordered sides disclose limited’s proceedings against channel four corporation and blakew

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Courts Service · 2014-12-12 · courts

Supreme Court says surrender does not require matching prosecution powers

supreme court says surrender does not require matching prosecution powers the answered a certified legal question about under european arrest warrant. it did decide separate issue of whether alleged offences were extra-territorial. ruled that ireland need be able to prosecute an act on basis similar

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Courts Service · 2014-12-12 · courts

High Court sends bank’s solicitor undertaking claim to plenary hearing

high court sends bank’s solicitor undertaking claim to plenary hearing the declined decide for summary judgment, finding disputed facts and complex legal questions about scope of two undertakings. it said a full would also be needed assess any loss. [2014] iehc 654 has adjourned against hearing, tha

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Courts Service · 2014-12-12 · courts

Court of Appeal upholds Peter Clarke's five-year sentences for assaults on two girls in Carrickmacross

court of appeal upholds peter clarke's five-year sentences for assaults on two girls in carrickmacross the has upheld prison imposed clarke separate sexual aged 15 and 10 carrickmacross. pleaded guilty october 2012 to offences under section 2 criminal law (rape) (amendment) act 1990. he was sentence

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Courts Service · 2014-12-12 · courts

High Court rules late licence production did not entitle driver to fixed penalty notice

high court rules late licence production did not entitle driver to fixed penalty notice in a consultative case stated before the district trial began, held that who failed produce her within 10 days was presumed be specified person. it answered three questions and left one unanswered; decide whether

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Courts Service · 2014-12-12 · courts

High Court dismisses claim against solicitors as statute-barred

high court dismisses claim against solicitors as statute-barred the ruled that proceedings peart & co were brought 14 years after its involvement ended, beyond six-year limitation period. other defendant was not decided. [2014] iehc 661 dismissed timothy emery’s solicitors, ruling action statute-bar

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Courts Service · 2014-12-12 · courts

High Court quashes review affirming Latvian man’s removal and exclusion orders

high court quashes review affirming latvian man’s removal and exclusion orders the found that undisclosed prison records an official’s involvement at both stages breached fair procedures. it quashed decision, leaving to be concluded. [2014] iehc 624 has a decision against national, finding process d

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Courts Service · 2014-12-12 · courts

High Court grants relief over wind farm’s unassessed grid connection

high court grants relief over wind farm’s unassessed grid connection the found that a proposed six-turbine farm and its future to national formed one project, whose cumulative environmental effects had not been assessed. [2014] iehc 632 granted ten applicants challenging an bord pleanála’s planning

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Courts Service · 2014-12-12 · courts

High Court restores Lombard case, but defers summary judgment over disputed transfer

high court restores lombard case, but defers summary judgment over disputed transfer the substituted vanguard auto finance as plaintiff and reinstated proceedings, did not decide application. it proposed an adjournment so defendants could seek discovery of unredacted documents. [2014] iehc 653 resto

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Courts Service · 2014-12-12 · courts

Supreme Court dismisses appeal over asylum judicial review; rules refugee applicants retain anonymity

supreme court dismisses appeal over asylum judicial review; rules refugee applicants retain anonymity the held that a statutory reheard child’s claim, leaving no live issue about whether review should have been allowed. it dismissed and confirmed applicants’ identities must remain protected. has an

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Courts Service · 2014-12-12 · courts

High Court refuses Ryanair’s request for more detail in defamation case, orders limited discovery

high court refuses ryanair’s request for more detail in defamation case, orders limited discovery the declined to compel former pilot ian somner provide further particulars, but ordered ryanair disclose specified fuel incident, policy and hiring documents periods. [2014] iehc 634 refused limited’s a

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Courts Service · 2014-12-12 · courts

Court of Appeal cuts burglary sentence from five years to two

court of appeal cuts burglary sentence from five years to two the found an error in principle central criminal court’s sentence, while stressing seriousness violence a domestic or quasi-domestic setting. reduced kevin ginty’s five-year prison for years, finding that original was out line with senten

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Courts Service · 2014-12-11 · courts

High Court declares Ireland has no parental-responsibility jurisdiction in case of child found in Dublin

high court declares ireland has no parental-responsibility jurisdiction in case of child found dublin the said scotland was child’s habitual residence and appropriate for decisions on welfare. it also held that district courts cannot make declarations under eu regulation. [2014] iehc 669 declared ir

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Courts Service · 2014-12-11 · courts

Court of Appeal dismisses Andrew McDonnell’s sentence appeal

court of appeal dismisses andrew mcdonnell’s sentence the found no error in sentencing judge’s approach to his medical and personal circumstances, leaving nine-year sentence, with final year suspended, place. 208/13 has dismissed against severity a prison for assault causing serious harm, finding ap

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Courts Service · 2014-12-11 · courts

Court of Appeal suspends final 18 months of two six-year terms in sexual assault case

court of appeal suspends final 18 months two six-year terms in sexual assault case the quashed original sentence after finding that sentencing judge had not explained how he considered a detailed psychological report. it resentenced k.s. and ordered 12 post-release supervision. has imposed on for se

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Courts Service · 2014-12-11 · courts

High Court quashes refugee appeal decisions over unaddressed family-risk claims

high court quashes refugee appeal decisions over unaddressed family-risk claims the set aside two appeals tribunal and sent cases back for reconsideration, citing missing reasons on an inquiry request inadequate assessment of future risk. [2014] iehc 609 has quashed refusing status to anonymised zim

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Courts Service · 2014-12-11 · courts

High Court refuses judicial review challenge to tenancy adjudication

high court refuses judicial review challenge to tenancy adjudication the held that tenant’s complaints about hearing could have been addressed through statutory appeal process, which provides a full rehearing before tribunal. [2014] iehc 604 refused jasmine teniola’s application for of adjudication,

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Courts Service · 2014-12-10 · courts

High Court awards €60,000 over injury-linked loss of consortium

high court awards €60,000 over injury-linked loss of consortium the found that severe brain injuries suffered by sheila andaloc’s husband were factual and legal cause couple’s marital breakdown, awarded her damages. [2014] iehc 637 andaloc after finding caused to in a 2005 accident led breakdown the

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Courts Service · 2014-12-10 · courts

Court cuts rape sentences after finding insufficient weight given to offender’s youth

court cuts rape sentences after finding insufficient weight given to offender’s youth of appeal the has reduced imposed on an anonymised man that was his and immaturity during years sexual offending against younger cousin. m.h. had pleaded guilty in central criminal nine offences involving one victi

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Courts Service · 2014-12-10 · courts

Court of Appeal dismisses appeal against five-year sentence for €336,814 employer fraud

court of appeal dismisses against five-year sentence for €336,814 employer fraud the found no error in principle circuit court’s offences involving diverted rejected payments, false instruments and accounting. 259/13 has dismissed dadibaku ngkupumu’s a prison that caused his former employer, avery d

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Courts Service · 2014-12-10 · courts

High Court quashes Defence Forces disciplinary decision over timing of prosecution consent

high court quashes defence forces disciplinary decision over timing of prosecution consent the ruled that for summary disposal a scheduled charge had to be sought after evidence-taking investigation. it quashed commanding officer’s on all four charges. [2014] iehc 631 has find private guilty charges

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Courts Service · 2014-12-10 · courts

Court refuses Kenmare’s bid to replace IBRC in Halpin appeals

court refuses kenmare’s bid to replace ibrc in halpin appeals the of appeal refused substitute kenmare property finance for irish bank resolution corporation two appeals, but added as a second plaintiff and respondent, with limits on arguments it may make. has limited’s application limited (in speci

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Courts Service · 2014-12-10 · courts

Court of Appeal quashes Stephen Geraghty’s 10-year drugs sentence over use of later sentencing law

court of appeal quashes stephen geraghty’s 10-year drugs sentence over use later sentencing law [2014] ieca 2 the has quashed a prison imposed on geraghty for 2004 offence after finding that wrong had been applied. faced two charges under section 15a misuse act, relating to offences committed in nov

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Courts Service · 2014-12-10 · courts

High Court refuses challenge to asylum appeals ruling

high court refuses challenge to asylum appeals ruling the rejected a request quash refugee tribunal’s decision, finding no material legal or procedural error in its credibility assessment. [2014] iehc 599 has refused judicial review brought by pakistani family against decision of tribunal that uphel

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Courts Service · 2014-12-10 · courts

Court of Appeal dismisses moot appeal over domiciliary care allowance refusal

court of appeal dismisses moot over domiciliary care allowance refusal avril malone had already won a statutory and been awarded the retrospectively. said that left no live dispute for her separate earlier process. dismissed malone’s process used to refuse (dca) son, holding issues become after she

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Courts Service · 2014-12-10 · courts

High Court sends Chinese asylum applicant’s case back for fresh decision

high court sends chinese asylum applicant’s case back for fresh decision the quashed refugee appeals tribunal’s 2009 refusal after finding it had not considered most of country information submitted with claim. did decide whether applicant qualified as a refugee. [2014] iehc 608 has tribunal refusin

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Courts Service · 2014-12-09 · courts

High Court dismisses infant’s judicial review challenge to refugee appeal decision

high court dismisses infant’s judicial review challenge to refugee appeal decision the found tribunal’s conclusions on feared facial scarification and internal relocation rational reasonable, dismissed application for leave seek review. [2014] iehc 600 an of a appeals tribunal rejecting nigerian cla

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Courts Service · 2014-12-09 · courts

High Court finds director’s rising pay showed lack of proper standards at insolvent company

high court finds director’s rising pay showed lack of proper standards at insolvent company the found jason p. monson’s remuneration decisions warranted restriction proceedings, but made no declaration against tracey a. monson. [2014] iehc 573 that monson a commercial probity or by allowing director

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Courts Service · 2014-12-09 · courts

HSE held liable after hospital worker slipped on wet kitchen floor

hse held liable after hospital worker slipped on wet kitchen floor the high court found that a care worker’s fall caused back injuries, rejected hse’s attempt to have her claim dismissed over credibility concerns, and awarded €76,225. [2014] iehc 560 has €76,225 who injured when she at st patrick’s

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Courts Service · 2014-12-09 · courts

Court of Appeal reduces sexual assault sentence to two years

court of appeal reduces sexual assault sentence to two years the identified an error in original and suspended its final six months, while ordering one year post-release supervision. reduced a man’s for from three two, suspending months subject bond keep peace be good behaviour 12 after his release.

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Courts Service · 2014-12-09 · courts

Court of Appeal dismisses challenge to three-year sentence for knife assaults

court of appeal dismisses challenge to three-year sentence for knife assaults the found no sentencing error in consecutive term imposed after a man pleaded guilty two and reckless endangerment committed while on bail. has dismissed an against severity prison glen douche causing harm endangerment. wa

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Courts Service · 2014-12-09 · courts

High Court refuses challenge to denial of enhanced remission

high court refuses challenge to denial of enhanced remission the held that minister could assess whether prison activities had reduced applicant’s risk reoffending and declined quash refusal additional remission. [2014] iehc 551 has refused a judicial review by michael mckevitt for justice’s decisio

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Courts Service · 2014-12-09 · courts

High Court sends Bank of Ireland guarantee dispute to plenary hearing

high court sends bank of ireland guarantee dispute to plenary hearing a judge refused the bank’s application for summary judgment after finding fundamental factual over signing personal guarantees in 2010. [2014] iehc 605 has governor and company ireland’s against daniel olive cochrane connected two

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Courts Service · 2014-12-09 · courts

High Court discharges injunction blocking Ulster Bank loan sale

high court discharges injunction blocking ulster bank loan sale the found that companies seeking to stop transfers of loans had not disclosed material derivative contract documents when they obtained an interim order, and refused a continuing injunction. [2014] iehc 591 discharged prevented ireland

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Courts Service · 2014-12-09 · courts

High Court narrows Ryanair discovery request in defamation case

high court narrows ryanair discovery request in defamation case the ordered several categories, limited time periods and scope of others, refused multiple requests a motion arising from statements about fuel safety. [2014] iehc 594 narrowed limited’s its malicious falsehood proceedings against impac

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Courts Service · 2014-12-09 · courts

Court of Appeal reduces sentences for two sexual assaults, adds supervision

court of appeal reduces sentences for two sexual assaults, adds supervision the found an error principle in original sentencing, substituted concurrent prison terms and ordered 12 months post-release supervision. 89/13 set aside imposed on d.f. assaults 18 three years’ imprisonment. it also said app

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Courts Service · 2014-12-09 · courts

High Court dismisses Nigerian woman’s challenge to refusal of refugee status

high court dismisses nigerian woman’s challenge to refusal of refugee status the found no substantial grounds quash appeals tribunal’s decision, while noting that it had not considered internal relocation after rejecting claimed fear persecution. [2014] iehc 598 has dismissed a application for judic

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Courts Service · 2014-12-08 · courts

Court of Appeal cuts six-year sentence to three years in child sexual assault case

court of appeal cuts six-year sentence to three years in child sexual assault case the has reduced a prison for man convicted sexually assaulting two seven-year-old girls who visited his home play dates with daughter. appellant, identified only as a.l., pleaded guilty circuit one count relating both

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Courts Service · 2014-12-08 · courts

Court of Appeal cuts post-release supervision order to three years

court of appeal cuts post-release supervision order to three years the upheld seven-year concurrent sentences for six sexual assault counts, varying only period after release. reduced a from seven years, finding that sentencing judge had exceeded statutory maximum sentence. it otherwise sentence imp

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Courts Service · 2014-12-08 · courts

Court of Appeal rejects appeal over sentence for Dublin city-centre assault

court of appeal rejects over sentence for dublin city-centre assault the said was lenient but did not amount to a substantial departure from norm. respondent had completed it by time appeal. has rejected director public prosecutions seeking have serious found unduly lenient, ruling that legal thresh

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Courts Service · 2014-12-08 · courts

High Court awards garda €169,518 in compensation after 1983 attack

high court awards garda €169,518 in compensation after 1983 attack the attributed 75% of applicant’s ptsd to derrada wood and reduced damages accordingly; it also allowed apportioned loss-of-earnings finding his illness affected retirement decision. [2014] iehc 603 has ordered for former sergeant th

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Courts Service · 2014-12-08 · courts

High Court allows Ulster Bank’s expanded €1.22m claim to proceed

high court allows ulster bank’s expanded €1.22m claim to proceed the refused solicitors’ application strike out parts of pleading, but said revised damages must still be proved at trial. [2014] iehc 612 has an by two solicitors bank ireland limited’s over undertakings given in connection with a 2004

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Courts Service · 2014-12-05 · courts

High Court strikes out Michael Murphy’s claim against Allianz

high court strikes out michael murphy’s claim against allianz the ruled that section 62 did not apply because bri-mo had been wound up, and held insurer was bound to fail. [2014] iehc 692 has struck proceedings plc, finding they disclosed no reasonable cause of action were mr justice gilligan delive

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Courts Service · 2014-12-05 · courts

High Court rejects husband’s bid for discovery in family home case

high court rejects husband’s bid for discovery in family home case the dismissed a motion documents about farm and banking transactions, finding requested unnecessary vexatious. separate application to dispense with consent sale remains proceed. [2014] iehc 665 of bank, property-transfer proceedings

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Courts Service · 2014-12-05 · courts

High Court refuses challenge to deportation order over Liberia risk assessment

high court refuses challenge to deportation order over liberia risk assessment the held that minister’s reasons for finding no of refoulement were clear from decision and country information read together. [2014] iehc 561 has refused w.t.’s application judicial review seeking quash a order, concludi

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Courts Service · 2014-12-05 · courts

High Court sets €30.6m price for Donegal Investment Group’s shares in Monaghan Mushrooms

high court sets €30.6m price for donegal investment group’s shares in monaghan mushrooms the figure is based on an assumed 35% holding and may change if later determines that owns 30%. [2014] iehc 615 has fixed €30.6 million as at which wilson shareholders should purchase elst, company top of group.

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Courts Service · 2014-12-05 · courts

Court of Appeal restores charge after finding basis for drug search warrant

court of appeal restores charge after finding basis for drug search warrant the quashed a trial judge’s decision to dismiss charge, allowing proceed while leaving any challenge open trial. has there was rational issuing warrant. ruling means may proceed; it does not decide or prevent from being chal

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Courts Service · 2014-12-04 · courts

High Court quashes Nigerian man’s protection refusal and deportation order

high court quashes nigerian man’s protection refusal and deportation order the found that minister had not addressed claim of feared harm linked to massob, relied on earlier credibility findings without making an independent assessment. [2014] iehc 562 has quashed a subsidiary his order, after findi

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Courts Service · 2014-12-04 · courts

High Court refuses challenge to rejection of Somali woman’s protection application

high court refuses challenge to rejection of somali woman’s protection application the held that minister had no power accept because applicant’s deportation notice predated 2006 regulations. it refused quash minister’s decision, finding would provide benefit. [2014] iehc 606 has rejected a judicial

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Courts Service · 2014-12-04 · courts

Court of Appeal replaces six-year cannabis sentences with three years, suspended

court of appeal replaces six-year cannabis sentences with three years, suspended the allowed two appeals against sentence after finding that offences had been wrongly placed in higher range. it imposed three-year and them unconditionally. has replaced prison on ba nguyen ha for cultivating sentences

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Courts Service · 2014-12-04 · courts

High Court rejects legal aid challenge and orders surrender under UK arrest warrant

high court rejects legal aid challenge and orders surrender under uk arrest warrant the dismissed thomas o’connor’s constitutional eu law claims over absence of statutory in european proceedings, then ordered his surrender. costs separate action were left open. [2014] iehc 640 to proceedings united

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Courts Service · 2014-12-04 · courts

High Court refuses Somali man’s challenge over subsidiary protection application

high court refuses somali man’s challenge over subsidiary protection application the held that 2006 regulations did not permit minister to accept an from a man whose deportation notification predated their commencement. it refused judicial review, including orders quashing refusal or requiring be co

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Courts Service · 2014-12-03 · courts

High Court refuses to dismiss cyclist’s injury claim over admitted lies

high court refuses to dismiss cyclist’s injury claim over admitted lies the judge found plaintiff knowingly verified a false account of his cycling ability, but said dismissing would cause injustice. he awarded €50,744. [2014] iehc 564 refused personal injuries action under section 26 civil liabilit

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Courts Service · 2014-12-03 · courts

High Court quashes refugee appeal decisions over credibility and protection errors

high court quashes refugee appeal decisions over credibility and protection errors the set aside appeals tribunal’s concerning an albanian mother her son, sent both cases back for fresh determination by a different tribunal member. [2014] iehc 563 has quashed rejecting of minor finding serious flaws

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Courts Service · 2014-12-02 · courts

High Court finds delay in prison discipline petition breached fair procedures

high court finds delay in prison discipline petition breached fair procedures the declared that minister’s deciding a prisoner’s was inordinate and inexcusable, stayed further application of sanctions until decision is made. [2014] iehc 613 an inexcusable against his constitutional right to procedur

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Courts Service · 2014-12-02 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the found s.n. had not established substantial grounds refugee appeals tribunal’s that protection was available in pakistan. [2014] iehc 601 refused relief s.n.’s application for seek judicial review of a tribunal rejecting his appeal. mr

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Courts Service · 2014-12-02 · courts

Supreme Court dismisses Irish Asphalt appeal over delivery terms

supreme court dismisses irish asphalt appeal over delivery terms the ruled that asphalt’s liability-limiting were not incorporated into its aggregate supply contracts with noreside construction. has dismissed limited’s whether and conditions formed part of to construction limited for a housing proje

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Courts Service · 2014-12-02 · courts

High Court quashes refugee appeal decision over untested membership card

high court quashes refugee appeal decision over untested membership card the found that appeals tribunal should have given applicant an opportunity to respond a document it relied on reject central part of his asylum account. [2014] iehc 565 has quashed refusing cameroonian man’s claim, finding brea

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Courts Service · 2014-12-02 · courts

High Court quashes asylum appeal decision over credibility finding

high court quashes asylum appeal decision over credibility finding the found tribunal’s reasoning on an alleged attempted forced circumcision unreasonable and sent case back to another tribunal member. [2014] iehc 597 has quashed a refugee appeals refusing by c.n. (kenya), that central assessment wa

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Courts Service · 2014-12-02 · courts

Court of Appeal cuts O’Loughlins’ gang-participation sentences to six and a half years

court of appeal cuts o’loughlins’ gang-participation sentences to six and a half years the found an error principle in nine-year imposed by dublin circuit substituted six-and-a-half-year terms, backdated same date as before. reduced prison on michael o’loughlin edward for participating activities cr

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Courts Service · 2014-12-02 · courts

High Court refuses leave to challenge rejection of asylum appeal

high court refuses leave to challenge rejection of asylum appeal the declined extend a short delay, finding no substantial grounds for judicial review refugee appeals tribunal’s decision. [2014] iehc 625 refused an application seek k.r.’s appeal, and time bringing challenge. mr justice mcdermott’s j

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Courts Service · 2014-12-01 · courts

Court of Appeal increases rape sentences to 14 years in child sexual abuse case

court of appeal increases rape sentences to 14 years in child sexual abuse case the found original concurrent eight-year terms for 15 counts unduly lenient, quashed them and imposed 14-year sentences. it left assault unchanged. 2013 no. 206 cja increased each, run concurrently, after finding that am

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