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Courts Service · 2015-05-28 · courts

Court allows two children in care to travel on foster-family holiday

court allows two children in care to travel on foster-family holiday the district granted child and family agency’s contested application for a direction permitting abroad, while sharply criticising how dispute was handled. [2015] iedc 03 allow its abroad with their foster carers, despite both paren

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Courts Service · 2015-05-21 · courts

Hogan J dissents over surrender of man who had served murder sentence tariff

hogan j dissents over surrender of man who had served murder sentence tariff in a court appeal judgment on certified constitutional question, would have allowed anthony craig’s appeal. the judgment’s opening identifies peart as delivering majority judgment; source excerpt does not state court’s form

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Courts Service · 2015-05-21 · courts

High Court quashes asylum appeal decision and orders fresh hearing

high court quashes asylum appeal decision and orders fresh hearing the found refugee appeals tribunal’s credibility assessment unreasonable unfair, directed another tribunal member to determine appeal. [2015] iehc 330 has quashed a affirming refusal of status woman from democratic republic congo ord

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Courts Service · 2015-05-21 · courts

High Court excludes business users from music piracy warning scheme

high court excludes business users from music piracy warning scheme a supplemental judgment set out the terms of an injunction against upc, including five-year review, cap on monthly notifications and contribution to scheme’s capital costs. [2015] iehc 386 has excluded copyright infringement involvi

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Courts Service · 2015-05-21 · courts

High Court refuses appeal certificate in refugee judicial review case

high court refuses appeal certificate in refugee judicial review case the rejected respondents’ request to its earlier ruling, which quashed a appeals tribunal decision and sent for fresh consideration. [2015] iehc 323 has refused application ruling case, finding that neither proposed ground raised

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Courts Service · 2015-05-21 · courts

High Court refuses challenge to asylum appeal tribunal’s independence

high court refuses challenge to asylum appeal tribunal’s independence the held that applicant’s sole argued ground was untenable in light of a justice ruling on irish appeals system, and refused certiorari. [2015] iehc 328 has an request quash refugee tribunal decision, finding system for reviewing

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Courts Service · 2015-05-21 · courts

High Court grants Ulster Bank €97,574.73 judgment against guarantors

high court grants ulster bank €97,574.73 judgment against guarantors the refused an adjournment and found defendants had not shown arguable defence to bank’s claim under a guarantee for company overdraft. [2015] iehc 376 granted ireland limited michael quinn bridget quinn, finding they mr justice mc

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Courts Service · 2015-05-21 · courts

High Court orders five borrowers to repay AIB loan after finding June 2010 demand valid

high court orders five borrowers to repay aib loan after finding june 2010 demand valid the found jointly and severally liable ruling that loan’s april 2009 terms no longer tied repayment development’s sale proceeds once review period expired. [2015] iehc 334 has ordered allied irish banks plc bank’

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Courts Service · 2015-05-21 · courts

High Court rules Bank of Ireland proxy vote was wrongly excluded in insolvency appeal

high court rules bank of ireland proxy vote was wrongly excluded in insolvency appeal the found bank’s valid on its face and that meeting chair not entitled to exclude it. it did decide appeal’s other three issues. [2015] iehc 320 ruled a unlawfully from creditors’ considering joseph o’connor’s prop

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Courts Service · 2015-05-21 · courts

High Court orders interim access and welfare assessment in child custody case

high court orders interim access and welfare assessment in child custody case the directed a seven-week period ireland for children, including two weeks of daytime with their father, as part ongoing proceedings. it did not make final decision. [2015] iehc 538 has arrangements children to travel from

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Courts Service · 2015-05-21 · courts

High Court refuses appeal certificate in deportation case involving child

high court refuses appeal certificate in deportation case involving child the said raised no point of law exceptional public importance and that an was not desirable interest. [2015] iehc 329 refused minister for justice equality’s application a allowing to over judicial review judgment concerning o

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Courts Service · 2015-05-21 · courts

High Court refuses leave to appeal on asylum credibility review

high court refuses leave to appeal on asylum credibility review the found its earlier judicial judgment raised no novel point of law and refused respondents’ application for a certificate appeal. [2015] iehc 331 {'name': 'the court', 'source_locator': 'page 1'} has allowing an over decision quash ru

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Courts Service · 2015-05-21 · courts

High Court dismisses claim over boy’s fall on broken glass in South Dublin estate

high court dismisses claim over boy’s fall on broken glass in south dublin estate the found council’s maintenance system reasonable and held it had not acted with reckless disregard towards recreational user. [2015] iehc 343 has dismissed a personal injury against county council child’s housing open

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Courts Service · 2015-05-21 · courts

High Court dismisses quarry-related claims after finding delay inexcusable

high court dismisses quarry-related claims after finding delay inexcusable the found plaintiffs’ in pursuing their case was inordinate and inexcusable, that a fair trial unlikely given passage of time reliance on oral evidence. it said final orders would be discussed with counsel. [2015] iehc 344 di

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Courts Service · 2015-05-21 · courts

High Court temporarily restrains RTÉ from publishing confidential O’Brien–IBRC banking information

high court temporarily restrains rté from publishing confidential o’brien–ibrc banking information the granted interlocutory publication restraints pending a full trial, finding convincing case that plaintiffs would succeed. it declined at this stage to order hand over documents. [2015] iehc 397 on

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Courts Service · 2015-05-21 · courts

High Court awards loader contractor €200,000 over five-year work assurance

high court awards loader contractor €200,000 over five-year work assurance the found roadstone wood limited had breached an oral agreement to retain michael hennigan as a while he financed new quarry loader. it awarded damages for remaining two and half years of agreement, but no general damages. [2

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Courts Service · 2015-05-21 · courts

High Court extends time for woman’s challenge to trial over 1988 attack on husband

high court extends time for woman’s challenge to trial over 1988 attack on husband the ruled that three-month period seeking prohibition generally runs from return trial, then extended in this case so substantive arguments could be heard. it did not decide whether should proceed. [2015] iehc 302 has

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Courts Service · 2015-05-21 · courts

High Court orders respondents to buy Donegal Investment Group’s ELST shares

high court orders respondents to buy donegal investment group’s elst shares in the final phase of an oppression petition, ordered a purchase without minority discount, with valuation tied earlier decisions on and option. [2015] iehc 439 court, commercial has petition group plc’s elst, at linked two

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Courts Service · 2015-05-21 · courts

Stapleford substituted for IBRC in €5.7m loan claim, with assignment challenge left open

stapleford substituted for ibrc in €5.7m loan claim, with assignment challenge left open the high court allowed finance to replace as plaintiff after finding a prima facie written assignment. order did not decide whether that is ultimately valid or how an alleged separate counterclaim should proceed

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Courts Service · 2015-05-21 · courts

Court of Appeal dismisses challenge to judge’s question in drink-driving trial

court of appeal dismisses challenge to judge’s question in drink-driving trial the concerned whether a district judge could ask garda about missing detail her evidence on required urine-sample procedure. [2015] ieca 31 dismissed james o’keeffe’s against refusal judicial review his conviction, holdin

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Courts Service · 2015-05-21 · courts

High Court grants Danske Bank summary judgment for €752,581.53

high court grants danske bank summary judgment for €752,581.53 a judge rejected the second defendant’s proposed defences over personal liability, receiver’s appointment and an alleged agreement to defer enforcement. [2015] iehc 375 granted against defendant in 2015 dispute loan used buy land waterfo

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Courts Service · 2015-05-21 · courts

Court of Appeal rules surrender to UK to serve life sentence is not constitutionally barred

court of appeal rules surrender to uk serve life sentence is not constitutionally barred the rejected an by two men who had served tariff portions their murder sentences, finding that balance would breach constitution. [2015] ieca 102 has ruled surrendering anthony craig and balmer united kingdom se

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Courts Service · 2015-05-21 · courts

High Court quashes Zimbabwean woman’s refused refugee appeal and orders rehearing

high court quashes zimbabwean woman’s refused refugee appeal and orders rehearing the found that appeals tribunal had not fairly assessed core claim of rape, relevant country information other issues. it sent back to a different member. [2015] iehc 325 has quashed decision affirming refusal applicat

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Courts Service · 2015-05-21 · courts

High Court recognises grooming as tort in child sexual abuse case

high court recognises grooming as tort in child sexual abuse case the held that plaintiff could recover damages for assaults and a pattern of grooming, assessed at €200,000, including aggravated damages. [2015] iehc 414 has recognised linked to basis extending law, €200,000 man abused by trusted adu

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Courts Service · 2015-05-21 · courts

High Court refuses certificate to appeal refugee review judgment

high court refuses certificate to appeal refugee review judgment the found that none of three proposed questions met test exceptional public importance. its decision concerned permission appeal, not applicants’ claim. [2015] iehc 327 refused request for a allowing an finding their raised point law a

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Courts Service · 2015-05-21 · courts

High Court sends Ulster Bank’s €1m guarantee claim to plenary hearing

high court sends ulster bank’s €1m guarantee claim to plenary hearing the refused application for final judgment after defendants raised an uncontradicted account that they believed were signing life assurance assignments, not personal guarantees. [2015] iehc 322 has bank ireland ltd’s of €1 million

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Courts Service · 2015-05-21 · courts

Supreme Court allows appeal over lack of clarity in two Czech surrender warrants

supreme court allows appeal over lack of clarity in two czech surrender warrants the ruled that arnost herman could not be surrendered under 1 and 3, while unappealed order on a third warrant remained force its stay ended. allowed herman’s against orders european arrest warrants, finding serious abo

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Courts Service · 2015-05-21 · courts

High Court dismisses tenant’s appeal over rent determination

high court dismisses tenant’s appeal over rent determination the found no stateable point of law in an against a tenancy tribunal order setting at €285 month and awarding damages subject to set-off. [2014 no. 155 mca] dismissed christopher sciberras’s private residential tenancies board (prtb) deter

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Courts Service · 2015-05-21 · courts

High Court orders removal of grazing-rights entries from Mayo land folios

high court orders removal of grazing-rights entries from mayo land folios the found were registration errors and granted bord na móna’s application, while leaving final wording order for further submissions. [2015] iehc 348 has móna plc’s application to remove describing grazing rights five county f

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Courts Service · 2015-05-21 · courts

Appeal dismissed over evidence of sample warning in drink-driving prosecution

appeal dismissed over evidence of sample warning in drink-driving prosecution the court held that proof required written notice was essential, but found district judge’s handling a recalled witness caused no real injustice. [2015] ieca 31 james o’keeffe’s concerning prosecution, holding had to prove

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Courts Service · 2015-05-20 · courts

High Court dismisses Shatter’s challenge to Guerin report

high court dismisses shatter’s challenge to guerin report the held was a preliminary opinion that did not support judicial review, and found no denial of fair procedures even if could be challenged. [2015] iehc 301 has dismissed former justice minister alan application quash parts by senior counsel

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Courts Service · 2015-05-20 · courts

High Court refuses registration of EPA after finding donor lacked capacity

high court refuses registration of epa after finding donor lacked capacity the found evidence did not show that a man with dementia understood full scope general power he signed. it decide whether his son was suitable to act as attorney. [2015] iehc 308 ireland has refused register an enduring attor

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Courts Service · 2015-05-20 · courts

Court of Appeal dismisses mother’s appeal in child return case

court of appeal dismisses mother’s in child return case the upheld a finding that remained habitually resident france before her mother retained ireland, leaving high court’s order place. [2015] ieca 104 has dismissed against daughter immediately kept ireland july 2014. decision leaves place directi

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Courts Service · 2015-05-20 · courts

Supreme Court lets tax appeal add challenge to Ireland’s VAT derogation

supreme court lets tax appeal add challenge to ireland’s vat derogation the allowed three property developers amend their over assessments, while reserving whether 1979 permitted legislation they challenge. of ireland has assessments on sale 15 holiday homes in baltimore, county cork. ruling concern

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Courts Service · 2015-05-20 · courts

High Court refuses Quinns’ late bid to amend pleadings before trial

high court refuses quinns’ late bid to amend pleadings before trial the rejected proposed changes as an abuse of process, citing unexplained delay and earlier litigation over pleaded claims. it did not decide unpleaded “stand alone” security argument on its merits. [2015] iehc 313 court, commercial

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Courts Service · 2015-05-20 · courts

High Court allows appeal after finding Circuit Court lacked jurisdiction in mortgage possession case

high court allows appeal after finding circuit lacked jurisdiction in mortgage possession case the set aside court’s order because post-2002 domestic dwelling was not rateable. it declined bank’s request to state a supreme court. [2015] iehc 304 allowed couple’s on case, that authority hear claim th

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Courts Service · 2015-05-20 · courts

High Court rejects school secretary’s appeal over FEMPI pay cut

high court rejects school secretary’s appeal over fempi pay cut the held that mount anville secondary met statutory tests for a public service body, even though salary and pension were privately funded. [2015] iehc 305 has rejected against decision allowing reduction under financial emergency measur

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Courts Service · 2015-05-20 · courts

High Court grants AIB possession of four mortgaged properties

high court grants aib possession of four mortgaged properties the rejected darcys’ objections and ordered after finding bank had established required proofs. enforcement was subject to an undertaking pending appeal. [2015] iehc 353 has thomas darcy antoinette give allied irish banks plc properties,

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Courts Service · 2015-05-19 · courts

High Court refuses challenge to redress decision over treatment at children’s unit

high court refuses challenge to redress decision over treatment at children’s unit the found no basis overturn review committee’s that applicant had not established abuse under residential institutions act. [2015] iehc 335 has refused an application a denying anonymised woman who said she was mistre

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Courts Service · 2015-05-19 · courts

High Court upholds privilege claims over disputed documents in Quinn proceedings

high court upholds privilege claims over disputed documents in quinn proceedings the accepted that specified were created mainly for regulatory and investigative processes, while directing further affidavits on four document tabs an email. [2015] iehc 315 court, commercial has upheld irish bank reso

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Courts Service · 2015-05-19 · courts

High Court keeps renewal in place for two Belmayne claims, sets aside third

high court keeps renewal in place for two belmayne claims, sets aside third the refused to set renewed summonses jacqueline crowe and barry o’neill, but granted application against graham gibbons because his summons was served during a further period found invalid. [2015] iehc 422 has an by fire saf

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Courts Service · 2015-05-19 · courts

High Court quashes Nigerian child’s refugee appeal decision over FGM risk and relocation assessment

high court quashes nigerian child’s refugee appeal decision over fgm risk and relocation assessment the found tribunal’s reasons unclear its of internal incomplete, including treatment medical needs. [2015] iehc 341 has quashed a appeals tribunal rejecting for status, finding that did not clearly ex

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Courts Service · 2015-05-19 · courts

High Court orders Quinn Insurance to clarify parts of its €800m auditor claim

high court orders quinn insurance to clarify parts of its €800m auditor claim the directed further particulars on alleged reserve errors and claimed underwriting losses, while refusing requests it said sought evidence or analysis outside pleaded case. [2015] iehc 303 court, commercial has ordered li

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Courts Service · 2015-05-19 · courts

High Court rejects challenge to refusal of refugee status despite flaws in credibility findings

high court rejects challenge to refusal of refugee status despite flaws in credibility findings the found that some appeals tribunal’s were speculative or inadequately reasoned, but held they did not invalidate its separate conclusion applicant had established a convention reason for claimed persecu

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Courts Service · 2015-05-19 · courts

High Court refuses surrender under Hungarian warrant after its purpose changed

high court refuses surrender under hungarian warrant after its purpose changed the refused on second of two european arrest warrants, finding it had been endorsed to enforce a sentence and could not then be used seek prosecution. [2015] iehc 338 ab hungary authorities said they were seeking prosecut

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Courts Service · 2015-05-18 · courts

Court of Appeal quashes one murder conviction and orders retrial; co-accused’s appeal dismissed

court of appeal quashes one murder conviction and orders retrial; co-accused’s dismissed the found a jury direction on burden proof was inadequate in john paul cawley’s case. it rejected wenio rodrigues da silva’s six grounds his appeal. has quashed ordered retrial after finding that had not been cl

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Courts Service · 2015-05-18 · courts

Supreme Court strikes out Minister’s costs appeals in European Arrest Warrant cases

supreme court strikes out minister’s costs appeals in european arrest warrant cases the held that formed part of each high decision, so an appeal required a certificate had not been obtained. has struck minister for justice’s over orders two cases, ruling could proceed without certificates from cour

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Courts Service · 2015-05-18 · courts

Court of Appeal sets aside surrender order over blank warrant section

court of appeal sets aside surrender order over blank warrant section the allowed an after finding that a polish european arrest omitted information required to support its certification appellant had been represented at trial. [2015] ieca 69 against slawomir palonka poland, ruling left blank. it se

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Courts Service · 2015-05-18 · courts

High Court dismisses petition to wind up Tazbell Services Group

high court dismisses petition to wind up tazbell services group the found that patrick gleeson’s claimed debt was disputed and not bona fide, held winding-up an abuse of process. [2015] iehc 394 dismissed a by gleeson group, finding fully contested bringing in judgment delivered ex tempore on 18 may

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Courts Service · 2015-05-18 · courts

Court of Appeal vacates Polish surrender order over missing warrant information

court of appeal vacates polish surrender order over missing warrant information the held that a european arrest had to explain how specified trial-in-absence condition was met before could be ordered. [2015] ieca 69 has allowed slawomir palonka’s and vacated an for his poland, ruling lacked required

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Courts Service · 2015-05-18 · courts

Charleton J dissents on Supreme Court appeal over extradition costs

charleton j dissents on supreme court appeal over extradition costs in a dissent delivered 20 may 2015, justice peter said the 2003 european arrest warrant act did not specifically bar appeals costs. majority judgment, to which he referred, was by murray j; this extract does state court’s formal ord

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Courts Service · 2015-05-18 · courts

Court of Appeal overturns €75,414 award against Child and Family Agency

court of appeal overturns €75,414 award against child and family agency the held owed no duty care to owner a neighbouring house damaged by fire set two intruders after former tenant’s lease had ended. [2015] ieca 105 has allowed an (cfa) overturned damages at property in athlone. judgment, delivere

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Courts Service · 2015-05-18 · courts

Court of Appeal resentences Muhammad Hussain to three years over planned meeting with child

court of appeal resentences muhammad hussain to three years over planned meeting with child the has resentenced in prison, final nine months suspended, for travelling meet a intention inviting engage sexual act. was convicted after ten-day circuit jury trial march 2014 an offence under trafficking a

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Courts Service · 2015-05-15 · courts

High Court quashes circuit court orders over uninsured-driving ban record

high court quashes circuit orders over uninsured-driving ban record the convictions remain in place, but sentencing matter was sent back for disqualification period to be imposed against second offence. [2015] iehc 290 quashed imposing a four-year driving on man convicted of two offences, because re

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Courts Service · 2015-05-15 · courts

Supreme Court dismisses Dunnes Stores appeal over Galway shopping centre rent

supreme court dismisses dunnes stores appeal over galway shopping centre rent the held that camiveo could enforce leases despite not yet being registered as owner and having signed deed of assurance. dismissed stores’ against a high decision allowing limited to recover service charges for three at e

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Courts Service · 2015-05-15 · courts

High Court awards €373,875.76 in fatal road accident dependency claim

high court awards €373,875.76 in fatal road accident dependency claim the assessed damages for a minor and other statutory dependants after her father died 2009 traffic accident, setting out individual their limits. [2015] iehc 384 awarded total of arising from on 26 october 2009. judgment, delivere

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Courts Service · 2015-05-15 · courts

High Court awards €685,648 to woman injured in fatal 2009 road crash

high court awards €685,648 to woman injured in fatal 2009 road crash the accepted that her recurring seizures were likely be epilepsy caused by and awarded damages for injuries, earnings loss night care. [2015] iehc 401 kate flynn €685,648.15 serious injuries she sustained a killed fiancé another pa

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Courts Service · 2015-05-15 · courts

Supreme Court dismisses appeal against Irish bankruptcy adjudication

supreme court dismisses appeal against irish bankruptcy adjudication the held that an existing us chapter 7 did not remove high court’s jurisdiction to adjudicate debtor bankrupt in ireland. it left place but made no ruling on how concurrent proceedings should be administered. has dismissed by sean

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Courts Service · 2015-05-15 · courts

Supreme Court refuses fishermen’s bid to add title evidence to appeal

supreme court refuses fishermen’s bid to add title evidence appeal the dismissed an application introduce about ownership of part gweebarra fishery, finding it irrelevant first trial module under appeal. issue may be considered in a later if becomes material. has by three fishermen new their over fi

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Courts Service · 2015-05-15 · courts

Court of Appeal refuses late appeal bid over consent judgment against Anne Daly

court of appeal refuses late bid over consent judgment against anne daly the refused to extend time a 2012 high judgment, finding no timely intention appeal, adequate explanation for delay and bona fide ground. [2015] ieca 368 has daly’s application appealing entered her husband with their in july 2

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Courts Service · 2015-05-15 · courts

High Court awards €225,150 to mother after son’s death in road accident

high court awards €225,150 to mother after son’s death in road accident the found that news of her caused severe depression, with prior psychiatric history leaving vulnerable further injury. [2015] iehc 385 awarded sandra purcell damages finding learning a 2009 depression. mr justice barr gave award

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Courts Service · 2015-05-15 · courts

Supreme Court limits when mortgage arrears code can block possession orders

supreme court limits when mortgage arrears code can block possession orders the said lenders must show compliance with code’s moratorium, while other breaches do not by themselves affect a lender’s legal entitlement to possession. ruled that failure comply prevent order only breach involves moratori

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Courts Service · 2015-05-15 · courts

Supreme Court allows appeal over rejected redress deadline extension

supreme court allows appeal over rejected redress deadline extension the held that board should have extended a. o’g’s time to apply, citing unchallenged psychiatric evidence about factors prevented her from applying earlier. allowed after finding residential institutions for compensation applicatio

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Courts Service · 2015-05-15 · courts

High Court refuses State bid to strike out challenge to substitute quarry consent

high court refuses state bid to strike out challenge substitute quarry consent the judge held that judicial review directly challenged an bord pleanála’s 2014 decision, so state’s argument it was out-of-time collateral donegal county council’s earlier direction did not arise. [2015] iehc 285 has ref

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Courts Service · 2015-05-15 · courts

High Court orders property company to provide security for receiver’s costs

high court orders property company to provide security for receiver’s costs the ruling concerned whether could meet legal if he succeeded in defending its challenge his appointment. ordered under rules of superior courts. [2015] iehc 291 court, chancery has and investment (se) limited proceedings ov

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Courts Service · 2015-05-15 · courts

Supreme Court orders anonymity and jury trial on core arrest claim

supreme court orders anonymity and jury trial on core arrest claim the allowed an appeal over reporting restrictions, holding that plaintiff could remain anonymous a should decide factual questions about arrest’s validity. has ruled identified in its judgment as “desmond” may reports of proceedings

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Courts Service · 2015-05-15 · courts

Court cuts prison term for 81-year-old convicted of 59 sexual assaults on pupils

court cuts prison term for 81-year-old convicted of 59 sexual assaults on pupils appeal the has reduced sentence imposed an man indecent or involving 11 complainants between 1964 and 1985. p.b. had originally received overall years' imprisonment with final five years suspended. that was constructed

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Courts Service · 2015-05-14 · courts

High Court sets Sligo tenant’s rent at €5,200 a year on appeal

high court sets sligo tenant’s rent at €5,200 a year on appeal the fixed lease term and repair responsibilities but left claims over damaged equipment other outstanding matters unresolved. [2015] iehc 292 set annual for michael hemani’s tenancy 52 o’connell street, sligo, period from 16 may 2006 to

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Courts Service · 2015-05-14 · courts

High Court dismisses challenge to refusal of legal aid

high court dismisses challenge to refusal of legal aid the found district judge could not be faulted for considering a statement means that counsel had brought his attention. [2015] iehc 300 has dismissed tony king’s judicial review judge’s grant him criminal certificate. mr justice hanna held appli

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Courts Service · 2015-05-14 · courts

High Court grants leave on four grounds in Pakistani asylum judicial review

high court grants leave on four grounds in pakistani asylum judicial review the extended time for challenge and rejected state’s claim that it had become moot, while leaving refugee refusal decision place pending review. [2015] iehc 294 granted two applicants to aspects of a 2010 appeals tribunal re

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Courts Service · 2015-05-14 · courts

High Court refuses HSE request to pause order for K.W.’s return and care

high court refuses hse request to pause order for k.w.’s return and care the found hse’s appeal arguable but said welfare lack of a sufficiently detailed plan weighed against stay. [2015] iehc 526 refused health service executive’s application stay an requiring k.w. ireland be detained as psychiatri

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Courts Service · 2015-05-13 · courts

High Court orders accounting practice to disclose records in fraud case

high court orders accounting practice to disclose records in fraud case the ruling concerns discovery only. allowed some requests, narrowed others and refused several broad or insufficiently relevant categories; it made no finding on alleged fraud. [2015] iehc 281 court, commercial has ordered an sp

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Courts Service · 2015-05-13 · courts

High Court rules hotel fee agreement does not apply to loan redemption at par

high court rules hotel fee agreement does not apply to loan redemption at par the answered a discrete issue in proceedings, finding 2013 inapplicable where plaintiffs propose repay their loans full, with interest. [2015] iehc 316 court, commercial has ruled that group of companies proposes redeem it

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Courts Service · 2015-05-13 · courts

High Court quashes decision treating prison patrol-car injury as minor

high court quashes decision treating prison patrol-car injury as minor the found that a broken nose requiring two procedures and followed by ongoing symptoms could not reasonably be classified injury. it left further orders for later hearing. [2015] iehc 299 has quashed an sustained david costigan w

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Courts Service · 2015-05-13 · courts

Court of Appeal dismisses Twesigye’s appeal against drug convictions

court of appeal dismisses twesigye’s against drug convictions the upheld trial judge’s ruling admitting interview evidence and rejected a challenge to jury’s verdicts. concerned conviction only; sentence severity was not addressed in this judgment. dismissed charles his for possessing cocaine it sal

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Courts Service · 2015-05-12 · courts

High Court awards defendants full costs after Bailey’s trial

high court awards defendants full costs after bailey’s trial the rejected ian request to exclude for evidence heard before part of his case was withdrawn from jury, and ordered defendants’ proceedings costs, including discovery half a juror’s travel reimbursement. [2015] iehc 289 has awarded their i

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Courts Service · 2015-05-12 · courts

Court of Appeal dismisses M.R. conviction challenge over withdrawn counts and victim impact statement

court of appeal dismisses m.r. conviction challenge over withdrawn counts and victim impact statement the has dismissed m.r.'s against convictions arising from allegations sexual abuse, finding no error in trial judge's decision to leave nine for jury determine. during trial, judge had 9 20 after pr

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Courts Service · 2015-05-12 · courts

High Court adjourns securitisation defence in Permanent TSB loan claim

high court adjourns securitisation defence in permanent tsb loan claim the rejected borrowers’ other arguments for sending bank’s summary to a full hearing, but left issue further consideration. [2015] iehc 378 has several by patrick and angela mcmahon against tsb’s more than €1.25 million, while ad

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Courts Service · 2015-05-12 · courts

Supreme Court asks EU court whether MIBI is an emanation of the State

supreme court asks eu whether mibi is an emanation of the state reference concerns who may bear responsibility for compensation already paid to elaine farrell after ireland failed implement passenger insurance rules on time. has referred questions justice european union about motor insurers’ bureau

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Courts Service · 2015-05-11 · courts

Court of Appeal dismisses Joseph O’Reilly’s application over jury-room evidence book

court of appeal dismisses joseph o’reilly’s application over jury-room evidence book the granted dpp’s motion to dismiss quash his murder conviction, finding he had deliberately chosen let trial proceed after was found in jury room. [2015] ieca 111 director public prosecutions’ under section 2 crimi

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Courts Service · 2015-05-11 · courts

High Court restrains planned UCC campus pickets during exam day

high court restrains planned ucc campus pickets during exam day the granted university college cork interlocutory relief over a proposed may 13, 2015, picket at six main-campus entrances, after finding serious issue to be tried about whether unions’ ballot covered action. [2015] iehc 282 (ucc) injun

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Courts Service · 2015-05-11 · courts

Court of Appeal dismisses burglary convictions appeal after upholding Garda search power

court of appeal dismisses burglary convictions after upholding garda search power the rejected challenges to search, trial judge’s decision leave case jury and jury’s verdicts. it dismissed against conviction sentence. has william wall james cash’s their sentences for four burglaries, rejecting evid

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Courts Service · 2015-05-11 · courts

High Court dismisses hospital distress claim as statute barred

high court dismisses hospital distress claim as statute barred the held that piab application was made one day after two-year limitation period expired, so could not benefit from statutory extension. [2015] iehc 295 has dismissed anthony dignam’s personal injury against beaumont hospital’s chief exe

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Courts Service · 2015-05-11 · courts

High Court refuses leave to challenge refusal of Nigerian man’s asylum claim

high court refuses leave to challenge refusal of nigerian man’s asylum claim the found no error warranting intervention in refugee appeals tribunal’s credibility findings and status. [2015] iehc 286 refused an applicant seek judicial review a tribunal decision that had affirmed his application for j

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Courts Service · 2015-05-08 · courts

High Court grants Rehab applicant discovery of PAC inquiry records

high court grants rehab applicant discovery of pac inquiry records the ordered in four categories relevant to public accounts committee’s jurisdiction, while adjourning a request for legal advice documents and refusing other as unnecessary or overlapping. [2015] iehc 293 has concerning basis terms e

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Courts Service · 2015-05-08 · courts

Court of Appeal allows solicitor’s appeal in security for costs dispute

court of appeal allows solicitor’s in security for costs dispute the held that insolvent company’s conditional after-the-event insurance policy did not justify refusing an order costs. 2014 857 has allowed by solicitor maurice leahy a over professional negligence action brought greenclean waste mana

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Courts Service · 2015-05-08 · courts

High Court orders further financial disclosure in divorce proceedings

high court orders further financial disclosure in divorce proceedings the found gaps an existing discovery order and directed respondent to provide specified company records within 10 days. it did not decide whether there had been material non-disclosure before parties’ separation deed; that issue r

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Courts Service · 2015-05-08 · courts

High Court withdraws defamation claim over Bank of Ireland credit records from jury

high court withdraws defamation claim over bank of ireland credit records from jury the judge ruled that bank’s communications to irish bureau were protected by qualified privilege and withdrew because no case in law remained on undisputed facts. [2015] iehc 288 cornelious m. cagney’s against govern

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Courts Service · 2015-05-08 · courts

Court of Appeal dismisses challenge to Permanent TSB summary judgment

court of appeal dismisses challenge to permanent tsb summary judgment the held that borrower’s proposed defences did not meet threshold for a full hearing and declined consider new bankers’ records argument raised on appeal. [2015] ieca 98 has dismissed john o’mahony’s against irish life & plc, trad

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Courts Service · 2015-05-07 · courts

High Court bars retrial after murder trial collapsed over pathology evidence

high court bars retrial after murder trial collapsed over pathology evidence the extended time for michael furlong’s judicial review and prohibited a further trial, finding that unresolved problems in risked genuine unfairness. [2015] iehc 269 of furlong patrick connors, exposed at first could make

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Courts Service · 2015-05-07 · courts

District Court refuses to delay care proceedings until criminal trial

district court refuses to delay care proceedings until criminal trial the rejected c’s request postpone child and family agency’s applications for full orders, finding that would not serve children’s welfare. order themselves remain be determined. [2015] iedc 14 (an chúirt dúiche) has refused applic

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Courts Service · 2015-05-07 · courts

High Court lifts stay and orders one-month prison term for renewed contempt

high court lifts stay and orders one-month prison term for renewed contempt a judge said the defendant again occupied mortgaged property despite earlier to vacate it not interfere with its sale. [2015] iehc 280 has lifted on sentence who requiring him leave obstruct marketing in ruling delivered 7 m

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Courts Service · 2015-05-06 · courts

High Court finalises discovery orders in two patent proceedings

high court finalises discovery orders in two patent proceedings the set scope and time periods for document disclosure teva’s challenges involving boehringer ingelheim patents a supplementary protection certificate. [2015] iehc 332 has finalised wording limits brought by norton (waterford) limited,

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Courts Service · 2015-05-06 · courts

High Court quashes Afghan man’s subsidiary protection refusal over Kabul relocation assessment

high court quashes afghan man’s subsidiary protection refusal over kabul relocation assessment the found that minister’s internal breached eu and domestic rules because applicant was not involved key questions about safety reasonableness were addressed. [2015] iehc 287 has quashed a decision refusin

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Courts Service · 2015-05-06 · courts

High Court refuses examiner for recruitment company amid Revenue opposition

high court refuses examiner for recruitment company amid revenue opposition the found a reasonable prospect of survival, but declined examinership after weighing revenue’s opposition, company’s management and disclosure record, likely effect on employees. [2015] iehc 284 refused to appoint an step o

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Courts Service · 2015-05-06 · courts

Retailer liable after glass table collapse amputated child’s toe, High Court finds

retailer liable after glass table collapse amputated child’s toe, high court finds the awarded €75,000 in general damages and ordered to pay damages, with a two-thirds contribution from furniture brand. final orders, including costs, remained be discussed. [2015] iehc 426 has found negligence under

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Courts Service · 2015-05-06 · courts

Supreme Court grants Hugh Governey leave to appeal financial ombudsman ruling

supreme court grants hugh governey leave to appeal financial ombudsman ruling the said his proposed raised arguable legal questions about disclosure duties and level of deference owed services ombudsman. it did not decide those on their merits. granted a high decision concerning failed investment li

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Courts Service · 2015-05-05 · courts

High Court awards two rental properties to surviving cohabitant

high court awards two rental properties to surviving cohabitant the found that a man had lived in an intimate, committed relationship with woman for about 20 years and ordered from her estate transferred him. [2015] iehc 309 who been long-term cohabiting is receive estate, after weighed his housing

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Courts Service · 2015-05-01 · courts

High Court awards discovery motion costs to both sides in Motorola case

high court awards discovery motion costs to both sides in motorola case the rejected a proposal leave until main case, finding each side had substantially succeeded on its own application. [2015] iehc 445 awarded of competing motions litigation involving ibb internet services limited, irish broadban

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Courts Service · 2015-05-01 · courts

Court of Appeal dismisses bid to increase suspended drug sentence

court of appeal dismisses bid to increase suspended drug sentence the upheld a five-year sentence, in full, after finding offender’s recovery and personal circumstances were exceptional. has dismissed prosecution against imposed on sharon flanagan for possessing cannabis supply, leaving place prison

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Courts Service · 2015-05-01 · courts

Appeal court sets aside wholly suspended sentence in cannabis case

appeal court sets aside wholly suspended sentence in cannabis case the of found original unduly lenient, but did not warren bowen afresh at this stage. has set a four-year prison full for bowen, after finding lenient. it yet imposed replacement sentence: was absent from hearing, and said he would ha

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Courts Service · 2015-05-01 · courts

High Court finds Mountjoy Challenging Behaviour Unit exercise yard did not meet open-air rule

high court finds mountjoy challenging behaviour unit exercise yard did not meet open-air rule [2015] iehc 273 the has ruled that attached to prison's provide required by prison rules 2007. jason whelan brought judicial review proceedings after spending almost two months in following serious breaches

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Courts Service · 2015-05-01 · courts

High Court dismisses claim over €23,894.50 paid into insolvent company’s overdraft

high court dismisses claim over €23,894.50 paid into insolvent company’s overdraft the found company lacked standing to bring statutory application and, separately, that ordinary third-party account payments had not been shown amount fraud. [2015] iehc 312 dismissed an by tucon process installations

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Courts Service · 2015-05-01 · courts

High Court declines oyster-fishery plaintiffs’ request to invite defendants to mediation

high court declines oyster-fishery plaintiffs’ request to invite defendants mediation justice gilligan refused the application, finding state had already given bona fide reasons for declining and that a further invitation was not warranted in circumstances. [2015] iehc 570 has by atlantic shellfish

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Courts Service · 2015-05-01 · courts

High Court rejects woman’s claim over 1963 Coombe Hospital symphysiotomy

high court rejects woman’s claim over 1963 coombe hospital symphysiotomy the accepted that linda farrell suffered lasting physical and psychological effects, but found she had not proved procedure no justification in circumstances prevailing dublin 1963. [2015] iehc 275 has rejected a negligence per

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Courts Service · 2015-05-01 · courts

Court bars challenge to liquidator’s appointment after years of dealings

court bars challenge to liquidator’s appointment after years of dealings the high ruled that two former directors could not replacement because delay and their conduct. it did decide underlying claims in liquidation. [2015] iehc 272 court, commercial has panshire limited cannot company’s liquidator,

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Courts Service · 2015-05-01 · courts

Court of Appeal orders retrial over directions in insanity verdict case

court of appeal orders retrial over directions in insanity verdict case the held that, where prosecution sought an and defence diminished responsibility, each side had to prove its proposed on balance probabilities. has allowed paul henry’s against a jury not guilty by reason ordered retrial, findin

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