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Courts Service · 2015-01-30 · courts

High Court refuses to quash refugee appeal decisions for Pakistani family

high court refuses to quash refugee appeal decisions for pakistani family the extended time family’s judicial review but declined overturn appeals tribunal’s 2011 refusals of status recommendations. [2015] iehc 88 has refused two tribunal that rejected a applications recommendations status. mr justi

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Courts Service · 2015-01-30 · courts

Bookmakers awarded damages over Dundalk Stadium pitch dispute; O’Hare denied restoration order

bookmakers awarded damages over dundalk stadium pitch dispute; o’hare denied restoration order the high court patrick €48,376 and john hughes €41,484 for breach of contract, but refused o’hare’s request to regain his original after years delay. [2015] iehc 198 two a total €89,860 in finding that rac

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Courts Service · 2015-01-30 · courts

High Court orders conditional exchange of personal injury expert reports

high court orders conditional exchange of personal injury expert reports the plaintiff must disclose his once cork city council undertakes not to share them with its experts until after they have delivered their own reports. [2015] iehc 41 ordered that a man’s disclosure in action against and county

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Courts Service · 2015-01-30 · courts

High Court fines Pauraig Kane €25,000 over breach of undertaking to sell vehicles

high court fines pauraig kane €25,000 over breach of undertaking to sell vehicles the declined activate a suspended six-month prison sentence, finding that failed meet his and properties but other alleged breaches were not proved beyond reasonable doubt. [2015] iehc 64 fined after he an motor proper

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Courts Service · 2015-01-30 · courts

High Court dismisses bid to stop prosecutions after finding judicial review was out of time

high court dismisses bid to stop prosecutions after finding judicial review was out of time the dismissed application halt two indictments, ruling that applicant had missed filing deadline. it also his request for an extension. [2015] iehc 40 has m.p.’s director public from prosecuting him on brough

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Courts Service · 2015-01-30 · courts

High Court dismisses bid to restrict Pierse Contracting directors

high court dismisses bid to restrict pierse contracting directors the found four who contested liquidator’s application had acted responsibly, rejecting allegations about company loans, property valuations and timing of liquidation. [2015] iehc 74 has dismissed a former from acting as for five years

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Courts Service · 2015-01-30 · courts

Court refuses appeal certification over evidence about deceased’s convictions

court refuses appeal certification over evidence about deceased’s convictions the of criminal said warren dumbrell’s proposed legal question was hypothetical because his shield had not been dropped, and refused to certify any three questions for supreme court. has application an court, finding that

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Courts Service · 2015-01-30 · courts

Supreme Court: Dublin Airport Authority could not sign contract while award challenge remained pending

supreme court: dublin airport authority could not sign contract while award challenge remained pending the court dismissed authority’s appeal and allowed ocs’s notice to vary, ruling that a automatically barred from being concluded until was resolved. has ruled (daa) conclude with maybin support ser

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Courts Service · 2015-01-30 · courts

Court of Appeal dismisses woman’s sentence appeal but varies drug treatment condition

court of appeal dismisses woman’s sentence but varies drug treatment condition the upheld concurrent prison sentences for two heroin offences, finding difference between her role and co-accused’s justified their different sentences. it changed attached to suspended part allow probation service’s rec

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Courts Service · 2015-01-29 · courts

Supreme Court dismisses pension appeal over 260-week contribution rule

supreme court dismisses pension appeal over 260-week contribution rule the ruled that a statutory provision converting self-employed contributions into weeks did not give philip meagher credit for full tax year in which he reached pensionable age. dismissed meagher’s his application half-rate state

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Courts Service · 2015-01-29 · courts

Supreme Court declines to stop Mark Nash murder trial before it begins

supreme court declines to stop mark nash murder trial before it begins the dismissed nash’s appeal against a high ruling, finding that was not clear in advance delay had made fair impossible. judge left assess any prejudice as evidence is heard. seeking prohibit his for murders of two women at orcha

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Courts Service · 2015-01-29 · courts

Supreme Court defers EU law reference request to substantive deportation appeal

supreme court defers eu law reference request to substantive deportation appeal the declined hear appellants’ late for an during interim injunction motion and directed expedited hearing of appeal. has ruled that application refer questions justice european union must be heard as part by p.o. her son

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Courts Service · 2015-01-29 · courts

Supreme Court dismisses Mark Nash’s appeal to stop murder trial

supreme court dismisses mark nash’s appeal to stop murder trial the held that delay and unavailable witnesses had not shown would necessarily be unfair, while leaving dna evidence disclosure issues for trial. of ireland dismissed against a high ruling allowed his 1997 murders sylvia sheils mary call

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Courts Service · 2015-01-29 · courts

Supreme Court dismisses Mark Nash appeal

supreme court dismisses mark nash appeal justice o’donnell agreed that the should be dismissed, while reserving consideration of broader issues for a case where differences between judgments might affect result. dismissed an by against director public prosecutions, according to judgment delivered mr

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Courts Service · 2015-01-29 · courts

High Court refuses former DCU PhD student’s challenge to discontinuation decision

high court refuses former dcu phd student’s challenge to discontinuation decision the held academic decisions were not amenable judicial review and refused application. it noted supervisory panel was improperly constituted, but said that defect material judgment. [2015] iehc 38 has a dublin city uni

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Courts Service · 2015-01-29 · courts

Supreme Court rejects Mark Nash appeal to halt Grangegorman murder trial

supreme court rejects mark nash appeal to halt grangegorman murder trial the upheld high court’s refusal prohibit trial, leaving evidence, disclosure and fairness questions for judge. of ireland has rejected nash’s stop his on charges murdering sylvia shiels mary callinan, ruling that material befor

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Courts Service · 2015-01-29 · courts

Appeal court lets builder defend disputed €68,595.78 debt claim

appeal court lets builder defend disputed €68,595.78 debt claim the of set aside summary judgment after finding defendant had shown a credible possibility that belonged to his company. [2015] ieca 14 has allowed builder’s against high order granting templecrone co-operative agricultural society limi

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Courts Service · 2015-01-29 · courts

High Court orders vacant possession of Clonskeagh House for NAMA receivers

high court orders vacant possession of clonskeagh house for nama receivers the granted plaintiffs’ motion and an injunction, finding that 2014 lease to southlodge inns had no effect against mortgagee without its consent. [2015] iehc 109 ordered limited deliver in clonskeagh, dublin 14, statutory app

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Courts Service · 2015-01-28 · courts

Court of Appeal allows appeal over eight-year sentence for explosive substance offence

court of appeal allows over eight-year sentence for explosive substance offence the said was unduly severe and identified errors in sentencing judge’s approach, including decision not to seek a probation report. allowed karl harford’s against severity an sentence, with final two years suspended, pos

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Courts Service · 2015-01-27 · courts

Court of Appeal upholds George Arundel convictions and 10-year sentence for attack on woman

court of appeal upholds george arundel convictions and 10-year sentence for attack on woman the has upheld arundel’s concurrent prison sentences arising from detention sexual assault a may 23, 2011. was convicted after 12-day central criminal trial attempted rape, assault, rape under section 4 false

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Courts Service · 2015-01-27 · courts

High Court quashes refugee appeal decision over gaps in assessment of Niger applicant’s account

high court quashes refugee appeal decision over gaps in assessment of niger applicant’s account the found tribunal did not show whether it had considered evidence that house was destroyed and others fled. sent matter back for a different member to reconsider. [2015] iehc 56 quashed appeals refusing

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Courts Service · 2015-01-27 · courts

High Court rejects challenge to woman’s involuntary admission

high court rejects challenge to woman’s involuntary admission the found her gp’s brief examination sufficient for statutory recommendation and refused an article 40 application challenging detention. [2015] iehc 34 has by l.b. naas general hospital, finding that practitioner carried out support admi

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Courts Service · 2015-01-26 · courts

High Court dismisses appeal over solicitor misconduct ruling

high court dismisses appeal over solicitor misconduct ruling the upheld disciplinary tribunal’s decision after finding no error of law or failure to consider material evidence. it made order as costs. [2015] iehc 33 dismissed oliver sheerin’s against a solicitors tribunal concerning william james mu

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Courts Service · 2015-01-23 · courts

High Court refuses bid to restrain receivers at Belgard Retail Park

high court refuses bid to restrain receivers at belgard retail park the refused an interlocutory injunction sought by komady limited and michael o’reilly, finding they had not shown a serious issue be tried. it did decide whether damages would adequate or where balance of convenience lay. [2015] ieh

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Courts Service · 2015-01-23 · courts

High Court quashes refugee appeal decision over medical evidence and Oromo ethnicity

high court quashes refugee appeal decision over medical evidence and oromo ethnicity the sent asylum back to a different tribunal member, finding that appeals had not adequately considered or assessed applicant’s claimed as possible basis for status. [2015] iehc 91 has quashed refusing status an ano

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Courts Service · 2015-01-23 · courts

Appeal court finds suspended firearm sentence breached five-year minimum

appeal court finds suspended firearm sentence breached five-year minimum the of allowed director public prosecutions’ sentence-review application, but deferred deciding replacement until after further submissions and material. ruled that a circuit judge had erred by suspending part sentence, reducin

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Courts Service · 2015-01-23 · courts

High Court dismisses family’s negligence claim over Garda bail failures

high court dismisses family’s negligence claim over garda bail failures the described handling of information as negligent and disgraceful, but ruled that pleaded facts did not establish proximity or foreseeability needed for a duty care. [2015] iehc 19 has dismissed brought by lorcan roche kelly to

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Courts Service · 2015-01-23 · courts

High Court refuses priest’s challenge to Gorey Community School role change

high court refuses priest’s challenge to gorey community school role change the held that his removal as chaplain was out of time and outside judicial review, while reviewing conditions attached return a religious education teacher finding no procedural or legal defect. [2015] iehc 103 has refused a

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Courts Service · 2015-01-23 · courts

High Court refuses challenge to Zimbabwean woman’s rejected asylum appeal

high court refuses challenge to zimbabwean woman’s rejected asylum appeal mr justice barr held that the refugee appeals tribunal’s credibility findings were rational and refused quash its 2010 decision. said absence of a clear finding on mdc membership did not invalidate decision in circumstances. [

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Courts Service · 2015-01-23 · courts

High Court rejects second injury authorisation against Noel Recruitment

high court rejects second injury authorisation against noel recruitment the held that personal injuries assessment board could not authorise a application same respondent over accident. supplied judgment ends before any formal order is recorded. [2015] iehc 20 issue allowing workplace claim to proce

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Courts Service · 2015-01-23 · courts

High Court allows disputed documents to be used in separation case financial report

high court allows disputed documents to be used in separation case financial report the rejected an objection evidence from a forensic accountant, while directing return and controlled examination of allegedly taken respondent’s computer. [2015] iehc 58 has allowed removed by applicant judicial proc

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Courts Service · 2015-01-23 · courts

High Court refuses surrender to Poland over unexplained warrant delay and family impact

high court refuses surrender to poland over unexplained warrant delay and family impact the upheld respondent’s objection under section 37, finding disproportionate in circumstances. it did not order his surrender. [2015] iehc 170 refused an anonymised respondent a european arrest warrant, that issu

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Courts Service · 2015-01-23 · courts

Supreme Court appoints State solicitor as notary public

supreme court appoints state solicitor as notary public the found that jevon alcock would provide a significant degree of service and had established office, after faculty notaries raised concerns about his availability practice arrangements. appointed public, finding proposed serve interest despite

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Courts Service · 2015-01-23 · courts

High Court awards Talos Capital €2.4m against two guarantors

high court awards talos capital €2.4m against two guarantors the granted summary judgment on a loan guarantee after finding defendants had not raised defence requiring plenary hearing. [2015] iehc 27 to limited for €2.4 million, plus accrued interest, joseph sheehan and john flynn under personal gua

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Courts Service · 2015-01-23 · courts

High Court refuses credit union applications to charge and sell two family homes

high court refuses credit union applications to charge and sell two family homes the declined lender’s concerning properties jointly owned by borrowers their spouses, citing homes’ use spouses’ circumstances. [2015] iehc 107 has refused a union’s for well charging orders sale of spouses. special sum

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Courts Service · 2015-01-22 · courts

High Court certifies appeal questions in Chinese one-child policy asylum cases

high court certifies appeal questions in chinese one-child policy asylum cases the granted state’s application to certify three legal after finding exceptional public importance and genuine uncertainty. certificate does not decide applicants’ refugee claims. [2015] iehc 87 has certified of law for j

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Courts Service · 2015-01-22 · courts

High Court refuses bid to strike out building works claim over delay

high court refuses bid to strike out building works claim over delay the found in proceeding with was inordinate but reasonably explained, and directed that action counterclaim be set down for hearing within six weeks. [2015] iehc 92 refused an application by charles chawke edward joseph bohan dismi

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Courts Service · 2015-01-22 · courts

High Court refuses leave to challenge deportation order

high court refuses leave to challenge deportation order the extended time for judicial review application and admitted applicant’s grounding affidavit, but refused after finding decision had been carefully considered on information then available. [2015] iehc 32 has an applicant a order, concluding

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Courts Service · 2015-01-22 · courts

High Court rules Belgian law governs contract for gastric bypass treatment

high court rules belgian law governs contract for gastric bypass treatment a preliminary issue in personal injuries case concerned which country’s applied to 2007 surgery at hospital. the held that governed. [2015] iehc 62 has ruled performed on an irish plaintiff hospital march 2007. mr justice ger

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Courts Service · 2015-01-21 · courts

High Court allows appeal over Ombudsman’s handling of investment complaint

high court allows appeal over ombudsman’s handling of investment complaint the found serious errors in how ombudsman assessed evidence about an €800,000 evergreen fund investment, but reserved form its order. [2015] iehc 29 allowed andrew and joanna law’s against a financial services decision reject

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Courts Service · 2015-01-21 · courts

Supreme Court upholds witness-intimidation law in constitutional challenge

supreme court upholds witness-intimidation law in constitutional challenge the dismissed sam mcnulty’s appeal, holding that prosecution must prove he knew alleged victim was a classified person before intimidation can count as evidence of intent. has appeal against high decision upholding constituti

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Courts Service · 2015-01-21 · courts

Supreme Court dismisses Red Cow Inn company’s time-limit appeal

supreme court dismisses red cow inn company’s time-limit appeal the held that a personal injuries claim against t & s taverns was brought within time after piab authorisation naming company. has dismissed an by limited over whether arising from incident at barred statute of limitations. it proceedin

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Courts Service · 2015-01-21 · courts

High Court holds two former directors liable for €48,250 after car deal collapsed

high court holds two former directors liable for €48,250 after car deal collapsed the found that should have protected creditors or taken further advice by 31 may 2012, before company entered voluntary liquidation. [2015] iehc 28 has declared of appleyard motors limited personally to toomey leasing

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Courts Service · 2015-01-21 · courts

High Court says case-stated request was not clearly frivolous, but declines to order one

high court says case-stated request was not clearly frivolous, but declines to order one the found law on untested evidence settled when district judge refused request. after a later ruling, however, directing case stated would be pointless. [2015] iehc 25 declined state about 2013 conviction, findi

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Courts Service · 2015-01-21 · courts

Supreme Court dismisses appeal over evidential provision in witness intimidation law

supreme court dismisses appeal over evidential provision in witness intimidation law the held that proof of a relevant act under section 41 could be evidence intent to obstruct justice, while leaving prosecution’s burden unchanged. dismissed sam mcnulty’s concerning criminal justice 1999, which make

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Courts Service · 2015-01-20 · courts

High Court orders limited discovery in Lowry judicial review of tribunal costs

high court orders limited discovery in lowry judicial review of tribunal costs the ordered disclosure specified rulings, but rejected wider requests concerning witness evidence and interim arrangements. it did not decide merits lowry’s challenge to tribunal’s order. [2015] iehc 39 has michael a ruli

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Courts Service · 2015-01-20 · courts

High Court quashes Defence Forces medical board decision on sailor’s re-engagement

high court quashes defence forces medical board decision on sailor’s re-engagement the held that had to assess applicant’s condition when it considered his appeal, rather than only review an earlier grading. [2015] iehc 23 quashed a upheld naval service member’s grade, which made him ineligible exte

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Courts Service · 2015-01-20 · courts

High Court dismisses woman’s injury claim against Blackrock Clinic

high court dismisses woman’s injury claim against blackrock clinic the found walkway did not present a danger and dismissed proceedings after liability-only trial. question of damages had been adjourned. [2015] iehc 35 tina altman’s personal limited, finding that raised where she fell constitute to

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Courts Service · 2015-01-20 · courts

Court of Appeal upholds serious-harm conviction but cuts sentence to nine years

court of appeal upholds serious-harm conviction but cuts sentence to nine years the rejected joseph cullen’s challenge his conviction, found errors in original 12-year and substituted a nine-year term. has upheld for causing serious harm reduced prison from 12 nine. cullen was convicted by jury nove

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Courts Service · 2015-01-20 · courts

High Court quashes Afghan asylum appeal decision and orders fresh review

high court quashes afghan asylum appeal decision and orders fresh review the found that tribunal had failed to properly engage with documents supporting applicant’s claim made material errors in assessing his evidence. [2015] iehc 30 has quashed a refugee appeals rejecting an man’s ordered case be r

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Courts Service · 2015-01-20 · courts

Court of Appeal upholds Michael Butler conviction over violent Roman Street assault

court of appeal upholds michael butler conviction over violent roman street assault the has upheld butler's arising from a early-morning on in cork which left billy barry with severe brain injuries. was convicted after three-day circuit criminal trial march 2012 an offence under section 4 non-fatal

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Courts Service · 2015-01-19 · courts

Court of Appeal sets aside suspended sentence in cannabis case

court of appeal sets aside suspended sentence in cannabis case the found sentencing judge gave mitigating factors excessive weight suspending a 10-year sentence. it invited updated material before imposing replacement set wholly imposed on conor fanning for possession worth €235,000, finding that ha

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Courts Service · 2015-01-19 · courts

Court of Appeal replaces suspended drug sentences with three years’ imprisonment

court of appeal replaces suspended drug sentences with three years’ imprisonment the upheld decision to depart from 10-year minimum but ruled that wholly were not justified in circumstances. has set aside imposed on desmond ryan and edward rooney for a heroin cocaine offence replaced them each, runn

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Courts Service · 2015-01-19 · courts

High Court bars prosecution on 22 counts after missing 2001 Garda file

high court bars prosecution on 22 counts after missing 2001 garda file the found lost complaint and interview records created a real or serious risk of an unfair trial involving second complainant. it refused to prohibit remaining 42 counts. [2015] iehc barred director public prosecutions from prose

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Courts Service · 2015-01-19 · courts

Court of Appeal finds drug and firearms sentences unduly lenient, defers resentencing

court of appeal finds drug and firearms sentences unduly lenient, defers resentencing the found a serious error in sentencing judge’s assessment john ryan’s role, but deferred deciding new until parties provide further material. has ruled that five-year prison imposed on ryan for drugs offence three

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Courts Service · 2015-01-19 · courts

Court of Appeal replaces suspended sentences with three years’ imprisonment for each man in cannabis grow house case

court of appeal replaces suspended sentences with three years’ imprisonment for each man in cannabis grow house case the found original five-year unduly lenient, but held exceptional circumstances justified below statutory 10-year minimum. set aside imposed on brian byrne and eoghan phayer a offence

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Courts Service · 2015-01-19 · courts

Court of Appeal finds five-year drug sentence unduly lenient but defers replacement sentence

court of appeal finds five-year drug sentence unduly lenient but defers replacement the identified an error in sentencing judge’s assessment seriousness a large haul. it invited updated material before deciding what to impose. has found that imposed on cathal murtagh for section 15a offence was leni

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Courts Service · 2015-01-19 · courts

High Court quashes refugee appeal decision over unaddressed parts of mother and child’s claim

high court quashes refugee appeal decision over unaddressed parts of mother and child’s claim the ordered a fresh assessment by different tribunal member, finding that key had not been addressed. it did decide whether applicants’ account was true. [2015] iehc 31 quashed appeals refusing status to da

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Courts Service · 2015-01-19 · courts

Court of Appeal cuts manslaughter sentence from 16 years to 13

court of appeal cuts manslaughter sentence from 16 years to 13 the found original excessive, while keeping final three suspended, after weighing severity attack against absence premeditation and signs rehabilitation. reduced douglas ward’s years, with still suspended. it set aside central criminal i

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Courts Service · 2015-01-19 · courts

Court of Appeal cuts manslaughter sentence from 12 years to 10

court of appeal cuts manslaughter sentence from 12 years to 10 the found original placed offence too high on scale gravity and suspended its final two subject a bond. 143/12 reduced karl donohoe’s for years, suspending conditions including €1,000 donohoe had appealed against severity imposed by cent

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Courts Service · 2015-01-19 · courts

High Court awards garda €155,873.54 for injuries from assaults during patrol

high court awards garda €155,873.54 for injuries from assaults during patrol the found that caused lasting physical and psychological awarded general special damages under síochána compensation legislation. [2015] iehc 75 a after finding 2007 injuries. in judgment delivered on 19 january 2015, mr ju

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Courts Service · 2015-01-19 · courts

Appeal court finds suspension of nine years in historic abuse sentence unduly lenient

appeal court finds suspension of nine years in historic abuse sentence unduly lenient the upheld trial judge’s 12-year starting but found that suspending because offender’s health was an error principle. it invited parties to provide updated material before resentencing. a father’s for raping and in

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Courts Service · 2015-01-17 · courts

High Court refuses appeal certificate in refugee tribunal judicial review

high court refuses appeal certificate in refugee tribunal judicial review the declined respondents’ request to an earlier ruling that quashed a appeals decision and sent applicant’s for reconsideration. [2015] iehc 814 has refused application of leave case involving applicant identified as f.a. (pak

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Courts Service · 2015-01-16 · courts

High Court upholds conviction over waste treatment without a licence

high court upholds conviction over waste treatment without a licence the ruled that held by another company for same facility did not provide defence to midland scrap metal limited. [2015] iehc 17 has is personal holder and does authorise carry out at transferred through statutory process. it upheld

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Courts Service · 2015-01-16 · courts

High Court quashes extension of legal aid certificate in Dublin case

high court quashes extension of legal aid certificate in dublin case the held that regulations required a second to be granted before district could consider whether two certificates should count as one for payment. [2015] iehc 16 quashed judge’s decision extend an existing cover separate set charge

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Courts Service · 2015-01-16 · courts

High Court orders share option to be completed, dismisses €807,000 dividend claim

high court orders share option to be completed, dismisses €807,000 dividend claim the held that was binding and had been exercised in time, but rejected donegal investment group’s counterclaim for dividends. [2015] iehc 126 ordered specific performance of an agreement requiring group plc transfer sh

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Courts Service · 2015-01-16 · courts

High Court quashes Kenyan woman’s refugee appeal decision and orders fresh consideration

high court quashes kenyan woman’s refugee appeal decision and orders fresh consideration the found problems with tribunal’s credibility state protection analysis, sent back to a different member. it did not decide claim itself. [2015] iehc 21 has quashed appeals tribunal affirming refusal of remitte

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Courts Service · 2015-01-16 · courts

High Court remits West Wood Club rates case without ruling on District Court jurisdiction

high court remits west wood club rates case without ruling on district jurisdiction the said stated lacked factual findings needed to decide whether club’s state aid defence raised a live question of law. [2015] iehc 24 has sent dispute over dublin city council claimed from limited back court, answe

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Courts Service · 2015-01-16 · courts

High Court dismisses trustee company’s challenge to receivership filing

high court dismisses trustee company’s challenge to receivership filing the held that companies act notification rules applied when receivers were appointed over property legally owned by a company, even though it was for fund. dismissed claim. [2015] iehc 12 independent company limited’s of notice

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Courts Service · 2015-01-16 · courts

High Court quashes two deportation orders after subsidiary protection letter error

high court quashes two deportation orders after subsidiary protection letter error the found minister should have revoked against a mother and son reconsidered their leave-to-remain application. separate order daughter was not quashed on that ground; article 8 challenge remained undecided. [2015] ie

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Courts Service · 2015-01-16 · courts

High Court sends €11.48m loan claim to plenary hearing

high court sends €11.48m loan claim to plenary hearing the declined grant summary judgment against two defendants, finding that several disputed issues could not be resolved on motion. [2015] iehc 14 has sent cave projects limited’s for €11,485,543.14 defendants a hearing, declining judgment. mr jus

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Courts Service · 2015-01-16 · courts

High Court strikes out Donegal borrower’s claim against Nua Mortgages

high court strikes out donegal borrower’s claim against nua mortgages the ruled that pleaded claims disclosed no reasonable cause of action and were bound to fail, ending proceedings at strike-out stage. [2015] iehc 15 has struck patrick harrold’s limited, finding it was fail. decision made on lende

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Courts Service · 2015-01-16 · courts

High Court refuses bid to annul bankruptcy adjudication

high court refuses bid to annul bankruptcy adjudication the found debtor’s challenge belonged in his pending appeal and said circumstances did not justify using its exceptional power adjudication. [2015] iehc 42 has refused fergus rice’s application as bankrupt, ruling that should be pursued through

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Courts Service · 2015-01-15 · courts

High Court declines to strike out €6.5m worktop claim over discovery dispute

high court declines to strike out €6.5m worktop claim over discovery dispute the refused defendants’ application dismiss michael leahy’s claim, finding it was not clear that he remained in breach of order or any non-compliance deliberate. directed him file a supplemental affidavit within three weeks

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Courts Service · 2015-01-15 · courts

High Court requires lender to clarify Mortgage to Rent scheme before possession decision

high court requires lender to clarify mortgage rent scheme before possession decision the said stepstone must provide documentary evidence that its engagement with borrowers was only a pilot scheme. application remains unresolved. [2015] iehc 105 has not decided whether funding limited can take of a

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Courts Service · 2015-01-15 · courts

High Court dismisses parents’ bid to count unpermitted residence towards twins’ citizenship

high court dismisses parents’ bid to count unpermitted residence towards twins’ citizenship the rejected an argument that eu law made lawful from birth of their irish citizen child. it dismissed judicial review application, while noting retrospective permission may be required in other circumstances

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Courts Service · 2015-01-15 · courts

High Court refuses debtor’s bid to dismiss bankruptcy petition

high court refuses debtor’s bid to dismiss bankruptcy petition the debtor argued that interest had been wrongly charged on costs in two judgments. refused his application, finding sums demanded not exceeded amount lawfully due. [2015] iehc 43 has a application petition, ruling petitioner more than o

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Courts Service · 2015-01-15 · courts

Supreme Court dismisses appeal over divorce property orders and claim against State

supreme court dismisses appeal over divorce property orders and claim against state the held that a seeking compensation for transferred under was bound to fail, while leaving state’s cross-appeal on costs unresolved. dismissed l. b.’s striking out of his should compensate him former spouse orders.

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Courts Service · 2015-01-15 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the held that tribunal had given specific reasons for finding applicant not credible and could decline examine internal relocation further. [2015] iehc 9 refused an seek judicial review of a refugee appeals rejecting her appeal. found set

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Courts Service · 2015-01-14 · courts

High Court quashes refugee appeal decisions over blood feud social-group ruling

high court quashes refugee appeal decisions over blood feud social-group ruling the found that tribunal had misapplied law on whether a family involved in could constitute particular social group. it ordered appeals to be reconsidered by different member or members. [2015] iehc 13 quashed two reject

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Courts Service · 2015-01-14 · courts

High Court refuses debtor’s application to dismiss bankruptcy summons

high court refuses debtor’s application to dismiss bankruptcy summons the found no real and substantial issue requiring trial under act, refused application. [2015] iehc 96 c. m.’s a brought by acc loan management ltd, finding that he had not established basis for setting it aside. was made section

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Courts Service · 2015-01-14 · courts

High Court dismisses challenge to Laois–Kilkenny electricity project approval

high court dismisses challenge to laois–kilkenny electricity project approval the rejected five grounds of judicial review against an bord pleanála’s approval, including challenges public notices, environmental assessment and absence a costs award. [2015] iehc 18 has dismissed brought by ratheniska

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Courts Service · 2015-01-14 · courts

High Court rules bank did not breach duty in €2m bridging-loan dispute

high court rules bank did not breach duty in €2m bridging-loan dispute the rejected two defences by a married couple who borrowed to buy apartments corsica and ordered judgment for allied irish banks on debt owed. [2015] iehc 136 has ruled its claim against over bridging loan used apartment blocks c

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Courts Service · 2015-01-14 · courts

High Court dismisses challenge to refusal of asylum claim by child born in Ireland

high court dismisses challenge to refusal of asylum claim by child born in ireland the rejected a judicial review refugee appeals tribunal’s decision, finding that complaint about lack an oral appeal could not be raised at this stage. [2015] iehc 8 has dismissed application challenging made for paki

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Courts Service · 2015-01-13 · courts

High Court declines to restrict Salesprint’s former directors

high court declines to restrict salesprint’s former directors the found criticism in some aspects of murphys’ conduct but concluded it did not warrant restricting either director under section 150. [2015] iehc 2 has refused salesprint & display ireland limited david murphy and irene murphy, finding

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Courts Service · 2015-01-13 · courts

High Court orders €25,000 repayment to Haydon in company winding-up

high court orders €25,000 repayment to haydon in company winding-up the measured company’s petition costs at and ordered official liquidator pay that amount peter from assets. [2015] iehc 1 has of private clients limited for he personally paid bring petition. €25,000, below €29,000 had €41,085 total

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Courts Service · 2015-01-13 · courts

High Court sends Pansea–DID Electrical commission dispute to plenary hearing

high court sends pansea–did electrical commission dispute to plenary hearing the refused pansea limited’s application for summary judgment, finding that did had an arguable defence and contractual issues needed fuller consideration. [2015] iehc 5 judgment against home appliances trading as electrica

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Courts Service · 2015-01-13 · courts

High Court grants NAMA group entity liberty to enter €8m judgment against Nina Kessler

high court grants nama group entity liberty to enter €8m judgment against nina kessler the held that arguments challenging her liability on a 2006 loan should have been raised in earlier proceedings. supplied extract ends before formal order is stated. [2015] iehc 6 lynn could not reopen for summary

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Courts Service · 2015-01-13 · courts

High Court strikes out Delaney claims against AIB and receivers

high court strikes out delaney claims against aib and receivers the ruled that arising from €346,000 lent to a bankrupt accountant could not succeed bank or receivers. it dismissed all pleas in delaney’s amended statements of claim. [2015] iehc 52 has joseph allied irish banks two receivers, finding

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Courts Service · 2015-01-13 · courts

Vodafone denied costs after Eircom and ComReg settle funding appeal

vodafone denied costs after eircom and comreg settle funding appeal the high court refused vodafone’s application to recover its from eircom, finding that a notice party joined protect commercial interests bore risk main parties might settle. [2015] iehc 51 court, ireland limited’s for against limit

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Courts Service · 2015-01-13 · courts

High Court restricts two Fortwilliam Catering directors, declines orders against two others

high court restricts two fortwilliam catering directors, declines orders against others the found that shiv kumar sharma had not acted responsibly and real moral blame attached to geeta sharma’s role. it refused restriction declarations trisha kavita sharma. [2015] iehc 3 ordered restricting as dire

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Courts Service · 2015-01-13 · courts

High Court refuses to restrict directors over €61,959.92 pension arrears

high court refuses to restrict directors over €61,959.92 pension arrears the found tadhg o’conaill’s failure pay construction workers’ contributions was a serious error of judgment, but not enough in circumstances justify restriction declaration. [2015] iehc 4 refused make declarations against o’con

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Courts Service · 2015-01-13 · courts

High Court rules Irish language-school accreditation condition unlawfully restricted visa discretion

high court rules irish language-school accreditation condition unlawfully restricted visa discretion the held that minister had unduly limited which programmes could qualify for an interim list and qqi lacked power to run acels purpose. judgment did not grant schools or decide any student’s applicat

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Courts Service · 2015-01-12 · courts

High Court orders surrender of Polish warrant respondent after rejecting human-rights objections

high court orders surrender of polish warrant respondent after rejecting human-rights objections the found no real risk an article 3 breach and ruled that would not be disproportionate under 8, despite evidence serious mental illness suicide risk. [2015] iehc 36 has ordered anonymised to poland a eu

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Courts Service · 2015-01-12 · courts

High Court dismisses request for EU court reference after surrender decision

high court dismisses request for eu reference after surrender decision mr justice edwards ruled that the could not refer questions to it had announced its on surrender. [2015] iehc 26 dismissed thomas o’connor’s application a preliminary ruling from of european union, finding no jurisdiction make be

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Courts Service · 2015-01-12 · courts

High Court strikes out all claims against KBC over Kinnitty Castle

high court strikes out all claims against kbc over kinnitty castle ms justice donnelly ruled that each claim the bank either disclosed no reasonable cause of action, was an abuse process, vexatious or statute barred. concerning receiver were left for separate determination. [2015] iehc 194 has struc

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Courts Service · 2015-01-12 · courts

High Court refuses Vertom bid to send Lisheen shipping dispute to arbitration

high court refuses vertom bid to send lisheen shipping dispute arbitration the found no concluded framework or charter-party agreement and refused stay proceedings refer arbitration. [2015] iehc 50 has trading bv’s application a it arbitration, finding that had been between parties. mine partnership

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Courts Service · 2015-01-09 · courts

High Court awards bookmaker €23,929 over lost Dundalk pitch

high court awards bookmaker €23,929 over lost dundalk pitch in a supplementary judgment on damages, the allowed full recovery for first year’s losses, reduced later losses failure to mitigate, and valued at €15,000. [2015] iehc 57 awarded frances hyland damages after finding that racing (1999) limit

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