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Courts Service · 2015-06-30 · courts

High Court dismisses claim over Sligo nightclub assault after identity not proved

high court dismisses claim over sligo nightclub assault after identity not proved the judge found plaintiff had shown, on balance of probabilities, that noel faherty struck him. made no damages award. [2015] iehc 409 has dismissed tony kennedy’s against a 2003 at equinox in sligo, finding kennedy wa

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Courts Service · 2015-06-30 · courts

High Court orders redacted disclosure of litigation funding agreement

high court orders redacted disclosure of litigation funding agreement the directed plaintiffs to provide defendants with a version for pending application, while allowing commercially and tactically sensitive terms be withheld now. [2015] iehc 457 has ordered persona digital telephony ltd. sigma wir

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Courts Service · 2015-06-30 · courts

High Court orders surrender to Lithuania after rejecting prison-conditions objection

high court orders surrender to lithuania after rejecting prison-conditions objection the found evidence did not establish a real risk of inhuman or degrading treatment, including during possible short stay in remand prison. [2015] iehc 455 has ordered eduardas tagijevas’s serve remaining nine months

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Courts Service · 2015-06-30 · courts

High Court rules first prison warrant invalid but upholds second sentence

high court rules first prison warrant invalid but upholds second sentence the found a theft conviction and three-month were made without jurisdiction because mariana kovacs was not put on her right to elect jury trial. it refused relief against separate one-month sentence. [2015] iehc 418 ruled that

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Courts Service · 2015-06-30 · courts

High Court refuses lease enforcement and rescinds Pod settlement after defendants’ delay

high court refuses lease enforcement and rescinds pod settlement after defendants’ delay the found defendants had breached a consent order by failing to complete for agreed date adding new conditions. it rescinded left form of damages be addressed later. [2015] iehc 482 court, commercial has refused

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Courts Service · 2015-06-30 · courts

High Court sets aside late third-party proceedings in Ballymun housing dispute

high court sets aside late third-party proceedings in ballymun housing dispute the held that consulting engineers had enough information to seek join a timber-frame subcontractor earlier over damage block of emerald project. [2015] iehc 398 set brought by against social development ballymun. found n

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Courts Service · 2015-06-29 · courts

Court of Appeal rules delay did not remove power to sentence minor

court of appeal rules delay did not remove power to sentence minor the dismissed an over whether missed statutory remand deadlines barred circuit from sentencing a young person who had pleaded guilty. [2015] ieca 138 has ruled that expiry time limits for remanding child probation report court’s impo

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Courts Service · 2015-06-26 · courts

Court of Appeal rejects Alan Freeman’s conviction appeal but suspends final two years of sentence

court of appeal rejects alan freeman’s conviction but suspends final two years sentence the upheld refusal to let freeman withdraw his guilty plea theft, while reducing custodial portion consecutive from seven five. [2015] ieca 145 dismissed against conviction, finding that trial judge was entitled

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Courts Service · 2015-06-26 · courts

High Court says no specific warning was required in public exposure case

high court says no specific warning was required in public exposure case the answered a district stated by saying any requirement under section 5 depends on context. this case, it said required. [2015] iehc 403 ruled that person charged of criminal justice (public order) act 1994 does not always hav

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Courts Service · 2015-06-26 · courts

High Court dismisses solicitor’s appeal over accounting misconduct finding

high court dismisses solicitor’s appeal over accounting misconduct finding the upheld a disciplinary tribunal’s client-account debit balances and deficient books, while describing conduct as at lower end of seriousness scale. [2015] iehc 402 has dismissed solicitor seán sheehan’s against professiona

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Courts Service · 2015-06-26 · courts

High Court quashes refusal of Pakistani man’s refugee appeal

high court quashes refusal of pakistani man’s refugee appeal the found tribunal’s decision lacked cogency on whether applicant had attracted taliban’s adverse attention and remitted his for a fresh by different member. [2015] iehc 399 quashed appeals tribunal refusing claim, finding that did not cle

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Courts Service · 2015-06-26 · courts

Court of Appeal quashes Dublin murder conviction and orders retrial

court of appeal quashes dublin murder conviction and orders retrial the found jury charge on provocation insufficiently clear in a finely balanced case, while declining to permit separate challenge prosecution closing remarks. has quashed ordered after finding that may have been confused by trial ju

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Courts Service · 2015-06-26 · courts

High Court refuses leave to challenge asylum appeal decision

high court refuses leave to challenge asylum appeal decision the said refugee appeals tribunal was entitled reject on papers, and refused quash its decision. [2015] iehc 400 a that upheld rejection of an claim. ms justice stewart found no basis tribunal’s or send back for fresh hearing. judicial rev

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Courts Service · 2015-06-25 · courts

Supreme Court dismisses appeal over Dutch arrest warrants

supreme court dismisses appeal over dutch arrest warrants the held that public prosecutor could act as a judicial authority under irish law and european warrant framework. it left high surrender orders in place. has dismissed appeals by barry mcardle kenneth brunnell against directing their to nethe

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Courts Service · 2015-06-25 · courts

Supreme Court says Turf Club is subject to judicial review, but rejects appellants’ claims

supreme court says turf club is subject to judicial review, but rejects appellants’ claims the held that club’s statutory role and disciplinary powers made review available. it nevertheless dismissed on their merits. [2015] iesc 57 was amenable because its as racing regulatory body for flat derived

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Courts Service · 2015-06-25 · courts

Court rejects bid to appeal conviction issues to Supreme Court

court rejects bid to appeal conviction issues supreme the of criminal dismissed m.j.’s application for a certificate under section 29, finding that none proposed points met required threshold exceptional public importance and interest. allowing him 29 courts justice act 1924. it ruled legal statutor

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Courts Service · 2015-06-25 · courts

Supreme Court rejects challenge to Turf Club’s power to discipline racing participants

supreme court rejects challenge to turf club’s power discipline racing participants the held that authority over two licensed rested on their agreement follow its rules, while confirming decisions could be judicially reviewed. dismissed an appeal by professional jockey edward o’connell and trainer j

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Courts Service · 2015-06-25 · courts

High Court refuses to halt prosecution of man charged over assault committed as a teenager

high court refuses to halt prosecution of man charged over assault committed as a teenager the found no blameworthy prosecutorial delay and said public interest in trying serious charge outweighed claimed prejudice from loss potential children act protections. [2015] iehc 405 has refused stop with a

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Courts Service · 2015-06-25 · courts

Supreme Court restores Labour Court awards in employment enforcement case

supreme court restores labour awards in employment enforcement case the held that had to enforce unappealed rights commissioner decisions and no power reconsider their merits. allowed an appeal by notice party mohammad younis set aside high order quashed two determinations enforcing against amjad hu

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Courts Service · 2015-06-25 · courts

Supreme Court dismisses appeal against surrender to France

supreme court dismisses appeal against surrender to france the held that first requirement for an objection under section 44 was not met. it left two certified hypothetical questions unanswered. dismissed trust egharevba’s and affirmed high order her european arrest warrant act 2003. of met, so did

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Courts Service · 2015-06-25 · courts

High Court refuses to quash subpoena but protects journalist’s sources

high court refuses to quash subpoena but protects journalist’s sources a journalist must attend and produce notes about 2008 article in civil action alleging leak from prison authorities, may redact details identifying confidential sources. [2015] iehc 410 the has refused set aside requiring trial m

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Courts Service · 2015-06-25 · courts

Appeal court replaces suspended sentences with prison terms for four men in Garda assault case

appeal court replaces suspended sentences with prison terms for four men in garda assault case the of found original unduly lenient and resentenced to 12 or 14 months’ imprisonment. has replaced imposed on who pleaded guilty causing harm months, after finding lenient. judgment, delivered 25 june 201

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Courts Service · 2015-06-25 · courts

High Court refuses leave to challenge Zimbabwean applicant’s papers-only asylum appeal

high court refuses leave to challenge zimbabwean applicant’s papers-only asylum appeal the extended time for judicial review proceedings but refused leave, finding applicant could not use a tribunal decision attack an earlier that had been challenged in time. [2015] iehc 404 has refugee appeals affi

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Courts Service · 2015-06-24 · courts

Appeal court cuts landfill odour fines to €50,000 each

appeal court cuts landfill odour fines to €50,000 each the of quashed €260,000 and €780,000 imposed on cavan county council oxigen environmental limited, then resentenced company for waste-licence breaches at corranure landfill. [2015] ieca 130 reduced limited a waste licence linked odours from in c

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Courts Service · 2015-06-24 · courts

Supreme Court rejects appeal in Norway extradition case

supreme court rejects appeal in norway extradition case the rejected objections to an request over alleged drug importation, while leaving disputed evidence about respondent’s whereabouts for a norwegian trial court. has renaldas pocevicius’s against high order directing his detention pending formal

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Courts Service · 2015-06-24 · courts

Court of Appeal dismisses challenge to €700,500 road accident award

court of appeal dismisses challenge to €700,500 road accident award the upheld high court’s findings on liability, damages and defendants’ fraud application, while criticising cross-examination injured plaintiff. [2015] ieca 135 has dismissed an by a motorcyclist motor insurers bureau ireland (mibi)

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Courts Service · 2015-06-24 · courts

High Court refuses bid to set aside €101,202 arbitration award

high court refuses bid to set aside €101,202 arbitration award the rejected respondents’ challenge an arising from alleged defects in a crèche, but did not decide applicant’s request for judgment and enforcement. [2015] iehc 436 has refused john ann hickey’s application or remit of €101,202.07 favou

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Courts Service · 2015-06-24 · courts

Court of Appeal dismisses Millars’ challenge to bank interest rate increases

court of appeal dismisses millars’ challenge to bank interest rate increases the allowed appeals by financial services ombudsman and danske bank, set aside high court’s remittal order dismissed borrowers’ against ombudsman’s decision. [2015] ieca 126 has kenneth donna millar’s a decision rejecting t

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Courts Service · 2015-06-24 · courts

Appeal court upholds most of finance firm’s guarantee judgments

appeal court upholds most of finance firm’s guarantee judgments the dismissed two directors’ challenge to summary judgments, leaving a separate €100,000 claim against one director for full hearing. [2015] ieca 132 has an by gabriel matthews and ronald obtained close invoice limited over guarantees s

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Courts Service · 2015-06-24 · courts

Supreme Court dismisses appeal over time-barred claim for childhood sexual abuse

supreme court dismisses appeal over time-barred claim for childhood sexual abuse the upheld high court’s finding that psychological injury substantially impaired woman’s ability to bring civil proceedings, so could proceed under statutory exception. dismissed michael quigley’s against a €400,000 dam

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Courts Service · 2015-06-23 · courts

High Court quashes Nigerian asylum appeal decision over gaps in paper review

high court quashes nigerian asylum appeal decision over gaps in paper review the said refugee appeals tribunal had not shown that it gave due consideration to applicant’s account and country information. ordered a fresh by different member. [2015] iehc 380 has quashed upholding refusal of status app

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Courts Service · 2015-06-23 · courts

High Court refuses claim against Employers Insolvency Fund

high court refuses claim against employers insolvency fund the held that applicant had not shown either an application to open collective proceedings or her former employer’s business definitively closed. [2015] iehc 428 has refused magdalena glegola’s for payment of €16,818.75 from fund, finding sh

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Courts Service · 2015-06-23 · courts

Supreme Court dismisses challenge to deportation law

supreme court dismisses challenge to deportation law the upheld constitutionality and convention compatibility of sections governing orders, while leaving challenges individual ministerial decisions open. has dismissed an appeal challenging provisions in immigration act 1999 that allow orders remain

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Courts Service · 2015-06-23 · courts

Supreme Court rules NAMA is a public authority under environmental information rules

supreme court rules nama is a public authority under environmental information the dismissed nama’s appeal, holding that its statutory powers meant it performed administrative functions. ruling concerned status; did not decide whether records requested were or require their disclosure. has an appeal

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Courts Service · 2015-06-23 · courts

Appeal court suspends final six months of sentences for two men convicted over Jeep parts theft

appeal court suspends final six months of sentences for two men convicted over jeep parts theft the left three-year and two-year terms in place but suspended each, subject to good behaviour custody one year after release. [2015] ieca 136 prison imposed on craig mcdermott robert nevin place, each sen

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Courts Service · 2015-06-23 · courts

Supreme Court sets criteria for costs in child care cases and sends appeal back

supreme court sets criteria for costs in child care cases and sends appeal back the said awards must be decided case by under defined principles, then remitted this dispute to circuit apply those criteria. has set out principles deciding when parents may recover private legal from family agency proc

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Courts Service · 2015-06-23 · courts

Court of Appeal restores Ombudsman finding in Millars’ mortgage rate dispute

court of appeal restores ombudsman finding in millars’ mortgage rate dispute the allowed appeals by financial services and danske bank, setting aside a high order that had sent complaint back for fresh decision. [2015] ieca 127 has restored bank did not breach terms agreements increasing their varia

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Courts Service · 2015-06-23 · courts

High Court dismisses climber’s injury claim over Dalkey Quarry fall

high court dismisses climber’s injury claim over dalkey quarry fall the found, on balance of probabilities, that plaintiff did not from ledge she identified. parties had agreed finding was necessary to establish liability. [2015] iehc 406 dismissed a woman’s personal arising while rock climbing at i

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Courts Service · 2015-06-22 · courts

Supreme Court affirms acquittal after rejecting retrial in robbery case

supreme court affirms acquittal after rejecting retrial in robbery case the had found that compelling evidence was wrongly excluded, but concluded interests of justice did not require a retrial. has affirmed j.c.’s concluding retrial, despite an earlier ruling been excluded at his trial. judgment, d

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Courts Service · 2015-06-22 · courts

Supreme Court affirms acquittal and rules out retrial in DPP appeal

supreme court affirms acquittal and rules out retrial in dpp appeal a concurring judgment, o’donnell j said the case’s systemic importance risk of arbitrary treatment weighed against after was found to be erroneous. affirmed j.c.’s ordered no an brought by director public prosecutions. court’s judgm

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Courts Service · 2015-06-22 · courts

Appeal court reduces Limerick cannabis courier’s sentence to six years

appeal court reduces limerick cannabis courier’s sentence to six years the of found no rational basis for sentencing judge’s degree difference between co-accused, but said seven was appropriate offence before reducing term by one year. reduced shane ferguson’s seven-year prison a major operation yea

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Courts Service · 2015-06-22 · courts

Court of Appeal quashes convictions after jury was misdirected on drug knowledge defence

court of appeal quashes convictions after jury was misdirected on drug knowledge defence the ruled that wrongly told accused had to prove he lacked cannabis in his vehicle. it quashed all five convictions, including linked importation convictions. [2015] ieca 133 has finding directed burden proof fo

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Courts Service · 2015-06-22 · courts

Supreme Court judge says retrial bid should fail after acquittal appeal

supreme court judge says retrial bid should fail after acquittal appeal in a second judgment prosecution appeal, justice john macmenamin said the interests of weighed against retrying j.c. source does not set out court’s final order full. prosecution’s application for considered an concerning j.c.’s

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Courts Service · 2015-06-22 · courts

Supreme Court affirms J.C.’s acquittal despite changing evidence rule

supreme court affirms j.c.’s acquittal despite changing evidence rule after ruling that a trial judge had erred in excluding search-warrant under the former kenny rule, declined to order retrial, citing change law, time elapsed and absence of about alleged victims’ impact. has affirmed although majo

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Courts Service · 2015-06-22 · courts

Court of Appeal finds sentence for burglary and robbery offences unduly lenient

court of appeal finds sentence for burglary and robbery offences unduly lenient the allowed director public prosecutions’ review after finding that sentencing judge gave insufficient weight to aggravating factors. judgment excerpt ends before states what order it made. [2015] ieca 141 found a impose

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Courts Service · 2015-06-22 · courts

Court of Appeal dismisses challenge over Kerry compulsory land purchase

court of appeal dismisses challenge over kerry compulsory land purchase the upheld high decision to strike out cecilia griffin and caroline barnes’s claim against county council, while pointing a separate compensation process under 1919 act. [2015] ieca 212 dismissed two appeals by barnes council fo

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Courts Service · 2015-06-22 · courts

Supreme Court judge would dismiss DPP appeal and rule out retrial

supreme court judge would dismiss dpp appeal and rule out retrial in a second judgment, justice mckechnie said the statutory conditions for were not met. his view was separate judgment; source does set court’s final order on appeal. william m. he director of public prosecutions’ appeal, affirm acqui

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Courts Service · 2015-06-22 · courts

Supreme Court judge would dismiss DPP appeal and affirm J.C.’s acquittal

supreme court judge would dismiss dpp appeal and affirm j.c.’s acquittal in a judgment delivered on 22 june 2015, mr justice hardiman said he not direct retrial, citing the absence of jurisdiction concerns about legal certainty. [2015] iesc 50 director public prosecutions’ acquittal, 2015. records j

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Courts Service · 2015-06-22 · courts

Supreme Court dismisses DPP appeal; acquittal stands and no retrial is ordered

supreme court dismisses dpp appeal; acquittal stands and no retrial is ordered in a unanimous decision, the held that retrying j.c. under legal rule changed after trial would be contrary to interests of justice. supplied judgment justice john murray’s opinion on appeal’s second stage. unanimously di

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Courts Service · 2015-06-22 · courts

Appeal court suspends final 18 months of young man’s arson sentence

appeal court suspends final 18 months of young man’s arson sentence the allowed an against a four-year for fire that caused €2.2 million in damage, finding rehabilitation prospects had not received sufficient weight. has severity prison imposed on james mcnamee at dundalk’s northlink retail park, su

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Courts Service · 2015-06-19 · courts

High Court rejects investor’s claims and awards lender €1.087m

high court rejects investor’s claims and awards lender €1.087m the dismissed john spencer’s over a property fund investment loan, entered judgment for stapleford finance, with interest still to be determined. [2015] iehc 395 court, commercial solicitor against irish bank resolution corporation (ibrc

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Courts Service · 2015-06-19 · courts

High Court refuses convicted man’s bid for access to evidence for new forensic tests

high court refuses convicted man’s bid for access to evidence new forensic tests the said commissioner could consider on its merits, but held that an application under criminal procedure act 1993 was appropriate route seek order. [2015] iehc 390 refused john gerard mcdonagh’s order requiring gathere

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Courts Service · 2015-06-19 · courts

High Court rejects Sheahan claims in bank receiver dispute

high court rejects sheahan claims in bank receiver dispute the upheld authority behind loan demands and appointments, rejecting of automatic interest-only extensions, a loan-pooling agreement settlement by cashed cheques. [2015] iehc 391 ruled for ireland mortgage related parties over loans to josep

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Courts Service · 2015-06-19 · courts

High Court certifies three planning law questions for appeal

high court certifies three planning law questions for appeal the granted first applicant leave to on restoration, scientific evidence and mitigation in an appropriate assessment, but refused a separate application by environmental action alliance ireland. [2015] iehc 393 court, commercial has certif

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Courts Service · 2015-06-19 · courts

High Court refuses interim injunction in interpretation services dispute

high court refuses interim injunction in interpretation services dispute the found that word perfect translation had not met tests for temporary relief while its judicial review challenge continued. [2015] iehc 438 refused an interlocutory sought by limited to award of contracts commissioner garda s

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Courts Service · 2015-06-19 · courts

High Court quashes refusal of Nigerian-born child’s refugee claim

high court quashes refusal of nigerian-born child’s refugee claim the found legal and procedural flaws in tribunal’s assessment a claimed fear female genital mutilation its consideration relocation within nigeria. [2015] iehc 702 has quashed appeals tribunal decision refusing status to child ordered

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Courts Service · 2015-06-19 · courts

High Court declares prisoner’s release for deportation unlawful

high court declares prisoner’s release for deportation unlawful the ruled that temporary of an anonymised nigerian man to facilitate his did not fall within statutory grounds release. it declared order but quash it. [2015] iehc 392 from prison was made purpose. order, saying would be inappropriate d

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Courts Service · 2015-06-18 · courts

Court of Appeal upholds manslaughter conviction over infant’s death

court of appeal upholds manslaughter conviction over infant’s death the rejected philip doyle’s against his and 11-year sentence, finding no basis to invalidate trial. [2015] ieca 131 has upheld prison sentence partner’s infant son, rejecting all grounds appeal. doyle was convicted after a trial hel

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Courts Service · 2015-06-18 · courts

High Court refuses Dunnes Stores certificate to appeal planning judicial review ruling

high court refuses dunnes stores certificate to appeal planning judicial review ruling the found no basis certify an on meaning of a law provision, which it had previously held was clear and unambiguous. [2015] iehc 387 has refused leave concerning its attempt challenge permission granted indego, fi

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Courts Service · 2015-06-18 · courts

Appeal court replaces Kevin Coughlan’s murder conviction with manslaughter

appeal court replaces kevin coughlan’s murder conviction with manslaughter the of found presentation crucial pathology evidence made trial unsatisfactory, quashed and sent case to central criminal for sentencing on manslaughter. [2015] ieca 124 appeal; (trial remitted sentencing) has substituted a m

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Courts Service · 2015-06-18 · courts

Court of Appeal dismisses challenge to jury handling of interview video

court of appeal dismisses challenge to jury handling interview video the held that seven mistakenly played words did not further prejudice a man appealing convictions for sexual offences, given related material had already been presented by agreement. [2015] ieca 137 has dismissed an c.d. against hi

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Courts Service · 2015-06-18 · courts

Court of Appeal dismisses McKevitt’s challenge to refusal of enhanced remission

court of appeal dismisses mckevitt’s challenge to refusal enhanced remission the upheld high court’s decision, finding minister could assess whether prison activities reduced likelihood reoffending in light prisoner’s individual circumstances. [2015] ieca 122 has dismissed michael over for justice a

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Courts Service · 2015-06-18 · courts

Council and consultants share liability after house was wrongly demolished

council and consultants share liability after house was wrongly demolished the high court apportioned responsibility for accidental demolition of a tipperary home, ordering limerick county to pay 30% its engineering 70%. contractor exempted from contributing. [2015] iehc 389 has between couple’s hom

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Courts Service · 2015-06-18 · courts

Appeal court finds sentences for sexual assaults on six sisters unduly lenient

appeal court finds sentences for sexual assaults on six sisters unduly lenient the of upheld dpp’s challenge to original and said it would hold a fresh sentencing hearing before substituting sentence. [2015] ieca 144 has ruled that imposed m.l. sexually assaulting were lenient, judgment, delivered 1

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Courts Service · 2015-06-17 · courts

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

high court orders surrender to poland after rejecting objections european arrest warrant the found that and supporting information met statutory requirements, including section 45, would not breach respondent’s rights. it ordered his serve balance of sentence. [2015] iehc 458 a.p.l. under a warrant,

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Courts Service · 2015-06-17 · courts

High Court refuses Boylesports bid for more Ladbrokes data

high court refuses boylesports bid for more ladbrokes data the held that examiner’s decision to withhold shop-level trading information was a commercial judgment did not meet threshold intervention. [2015] iehc 381 refused boylesports’ application further about ladbrokes’ irish betting shops, leavin

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Courts Service · 2015-06-17 · courts

High Court orders surrender of Polish warrant respondent

high court orders surrender of polish warrant respondent the rejected objections based on delay, fair-trial rights and section 45, directed to an authorised recipient for poland. [2015] iehc 456 has patryk matysik republic poland under a european arrest warrant. in judgment delivered 17 june 2015, m

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Courts Service · 2015-06-17 · courts

Music companies awarded 60% of costs in UPC injunction case

music companies awarded 60% of costs in upc injunction case the high court ruled on after granting an against communications ireland, ordering to recover their up first judgment. each side must bear its own incurred afterward. [2015] iehc 388 court, commercial has ordered ireland limited pay by thre

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Courts Service · 2015-06-17 · courts

High Court extends time for woman to appeal 1997 hepatitis C compensation award

high court extends time for woman to appeal 1997 hepatitis c compensation award the allowed an proceed out of time, finding that claimant had been unaware her rights and possibility seeking extension. judgment did not decide itself. [2015] iehc 396 has extended anonymised appellant a after she know

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Courts Service · 2015-06-17 · courts

High Court quashes asylum appeal decision over cumulative credibility errors

high court quashes asylum appeal decision over cumulative credibility errors the found three of five findings unsound and ordered a fresh hearing before different refugee appeals tribunal member. [2015] iehc 701 has quashed rejecting nigerian man’s appeal, finding that were their effect undermined a

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Courts Service · 2015-06-17 · courts

High Court quashes deportation orders over Article 8 assessment

high court quashes deportation orders over article 8 assessment the found minister’s had wrongly stopped before considering proportionality, but rejected separate challenge based on un convention rights of child. [2015] iehc 408 quashed against an anonymised nigerian mother and her minor daughter, f

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Courts Service · 2015-06-17 · courts

High Court certifies appeal on immigration permission and rights

high court certifies appeal on immigration permission and rights the granted minister’s application to certify two legal questions for appeal, finding issues exceptionally important law uncertain. it did not decide or revisit underlying decision. [2015] iehc 383 certified of concerning duties when d

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Courts Service · 2015-06-16 · courts

High Court certifies two appeal questions in refugee documents case

high court certifies two appeal questions in refugee documents case the certified about appeals tribunal’s investigative role and its duty to protect asylum applicants’ identities, but rejected a proposed question burden of proof. [2015] iehc 382 has for arising from earlier decision quash tribunal

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Courts Service · 2015-06-16 · courts

Supreme Court quashes acquittal and orders retrial in murder case

supreme court quashes acquittal and orders retrial in murder case the held that a jury could assess whether accused knew or foresaw his co-accused might use weapon to cause serious injury kill. it did not decide guilt. has quashed richard dekker’s by direction ordered he be retried, finding prosecut

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Courts Service · 2015-06-16 · courts

High Court dismisses judicial review challenge to asylum decisions involving mother and child

high court dismisses judicial review challenge to asylum decisions involving mother and child the found an error in how mother’s travel evidence was described, but held it immaterial could be addressed on appeal. dismissed both applications for review. [2015] iehc 364 a child’s of separate negative

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Courts Service · 2015-06-16 · courts

Court of Appeal finds fully suspended sentences for three robberies unduly lenient

court of appeal finds fully suspended sentences for three robberies unduly lenient the allowed director public prosecutions’ sentence-review application but kept respondent out prison, suspending original prison terms ten years on same conditions. [2015] ieca 128 ruled that imposed joseph o’leary an

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Courts Service · 2015-06-15 · courts

High Court refuses stay in Glaxo–Rowex trade mark case

high court refuses stay in glaxo–rowex trade mark case the found special grounds to let irish proceedings continue despite challenges community europe. it did not revisit its earlier refusal of an interlocutory injunction. [2015] iehc 368 has refused glaxo group limited and glaxosmithkline (ireland)

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Courts Service · 2015-06-15 · courts

High Court blocks enforcement of €118,058.99 gambling debt, allows costs order

high court blocks enforcement of €118,058.99 gambling debt, allows costs order the upheld an appeal against a london judgment arising from spread betting, but refused concerning £17,500 in litigation costs. [2015] iehc 407 has ireland for while allowing separate to remain enforceable. mr justice mac

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Courts Service · 2015-06-15 · courts

High Court declines to set aside renewal of summons in alleged assault case

high court declines to set aside renewal of summons in alleged assault case the ruled that attempts serve during its initial one-year term were reasonable, despite being made near end period. [2015] iehc 377 has declined an order renewing a which ann murphy alleges kevin mulcahy committed assault, i

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Courts Service · 2015-06-15 · courts

High Court orders discovery in challenge to acceptance of late public tenders

high court orders discovery in challenge to acceptance of late public tenders bam’s the ntma’s handling two remains unresolved; ordered disclosure specified records, with protections for commercial tender content and grading. [2015] iehc 370 has national treasury management agency (ntma) minister ed

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Courts Service · 2015-06-15 · courts

High Court allows late challenge to Galway SICAP tender decision to proceed

high court allows late challenge to galway sicap tender decision proceed the extended time for forum connemara’s a use one provider across county and allowed procurement proceedings be reconstituted. it made no finding on merits of challenges. [2015] iehc 369 has connemara limited pursue that should

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Courts Service · 2015-06-15 · courts

Court of Appeal dismisses Mooney’s bid to extend appeal deadline

court of appeal dismisses mooney’s bid to extend deadline the held that high order was not appealable under section 39 courts justice act 1936. it also said conditions for extending time had been met. dismissed martin application more an president court, holding in ex tempore judgment delivered on 1

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Courts Service · 2015-06-15 · courts

High Court grants Kenyan asylum seeker leave to challenge rejection of newspaper articles

high court grants kenyan asylum seeker leave to challenge rejection of newspaper articles the found substantial grounds contest one part refugee appeals tribunal’s credibility assessment. it rejected other raised at this stage. [2015] iehc 365 has granted an anonymised applicant seek judicial review

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Courts Service · 2015-06-12 · courts

High Court bars trial after decades of prosecutorial delay

high court bars trial after decades of prosecutorial delay the prohibited further philomena coton over charges linked to a 1988 attack on her husband, finding years inactivity by gardaí outweighed in bringing application. [2015] iehc 361 ireland has concluding that seeking stop prosecution. judgment

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Courts Service · 2015-06-12 · courts

District Court asks High Court to clarify access to child-care case documents

district court asks high to clarify access child-care case documents a judge concluded that an authorised researcher had no statutory right under the child care act seek social work or guardian ad litem reports, and set out questions for consultative stated court. [2015] iedc 13 chúirt dúiche / has

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Courts Service · 2015-06-12 · courts

High Court dismisses Roche and hotel company’s claims against Investec and former employee

high court dismisses roche and hotel company’s claims against investec former employee the rejected of misrepresentation, conspiracy interference with a land bid after six-week hearing, finding evidence did not establish plaintiffs’ case on balance probabilities. [2015] iehc 367 dismissed by propert

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Courts Service · 2015-06-12 · courts

Cork Circuit Court refuses interim relief in hospital worker’s dismissal case

cork circuit court refuses interim relief in hospital worker’s dismissal case the accepted applicant’s sincerity but found he had not objectively shown that his beliefs and disclosures were reasonable for purpose of relief. [2015] iecc 1 court, - county refused to a former marymount university hospi

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Courts Service · 2015-06-12 · courts

High Court keeps restrictions on unpublished banking information and IBRC legal advice

high court keeps restrictions on unpublished banking information and ibrc legal advice the declined to lift existing publication orders while proceedings continue, but amended them reflect material that had entered public domain. [2015] iehc 379 has discharge restricting rté from publishing confiden

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Courts Service · 2015-06-12 · courts

High Court dismisses solicitors’ challenge to Law Society decision over estate fees

high court dismisses solicitors’ challenge to law society decision over estate fees the upheld committee’s directions repay €340,070 plus vat and refer alleged overcharging a missing costs estimate solicitors disciplinary tribunal. it made no finding of misconduct against solicitors. [2015] iehc 363

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Courts Service · 2015-06-12 · courts

Court of Appeal quashes order transferring boy’s primary care to father

court of appeal quashes order transferring boy’s primary care to father the found circuit had no jurisdiction change child’s carer in an about relocation, and that mother fair notice issue was at stake. [2015] ieca 120 has allowed a mother’s quashed her young son’s residence his father. it held cust

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Courts Service · 2015-06-12 · courts

Appeal court finds firearm and arson sentences for Robert Murphy unduly lenient

appeal court finds firearm and arson sentences for robert murphy unduly lenient the of upheld two-year sentence knife possession but found lenient. it had not yet imposed replacement in this judgment. [2015] ieca 143 has that two on were lenient, decided what to impose. ruling, delivered 12 june 201

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Courts Service · 2015-06-11 · courts

Court of Appeal dismisses moot procurement appeal after circular withdrawn

court of appeal dismisses moot procurement after circular withdrawn the held that dispute over mandatory use a seven-supplier managed print framework had ended when later removed requirement. [2015] ieca 119 has an public rules was at centre replaced and requirement removed. judgment, delivered on 1

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Courts Service · 2015-06-11 · courts

High Court refuses bid to reopen dismissed wind farm planning challenge

high court refuses bid to reopen dismissed wind farm planning challenge the rejected people over wind’s application reconsider its earlier judgment and amend judicial review grounds department’s lack of notice a appeal. [2015] iehc 356 court, commercial has refused an by bord pleanála’s decision gra

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Courts Service · 2015-06-11 · courts

High Court allows California request for KPMG evidence, subject to conditions

high court allows california request for kpmg evidence, subject to conditions the declined set aside evidence in dr. cutler’s case, but limited document production and required security an undertaking before must comply. [2015] iehc 355 has upheld a court’s from ireland dispute over payments linked

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Courts Service · 2015-06-11 · courts

Appeal court suspends final 18 months of Dublin drug sentences over illness

appeal court suspends final 18 months of dublin drug sentences over illness the found sentencing judge gave insufficient weight to appellant’s serious medical problems, while holding that seven-year terms were otherwise appropriate. [2015] ieca has suspended concurrent prison imposed on james farmer

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Courts Service · 2015-06-11 · courts

High Court refuses leave to challenge Emlagh wind farm’s strategic infrastructure designation

high court refuses leave to challenge emlagh wind farm’s strategic infrastructure designation the found did not decide whether planning permission should be granted and refused for judicial review after a combined hearing. [2015] iehc 357 has an applicant bord pleanála’s of proposed 46-turbine farm

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Courts Service · 2015-06-10 · courts

Court of Appeal adjourns asylum appeal pending EU court ruling on time limit

court of appeal adjourns asylum pending eu ruling on time limit the referred two questions to justice about 15-day administrative for subsidiary protection applications. it did not decide whether or refusal late application was lawful. [2015] ieca 118 adjourned evelyn danqua’s and european union app

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Courts Service · 2015-06-10 · courts

Court of Appeal upholds receivers’ appointment over Victory Christian Fellowship properties

court of appeal upholds receivers’ appointment over victory christian fellowship properties the dismissed trustees’ appeal, finding that bank’s debt and lack refinancing progress were main reasons for appointing receivers. it said unauthorised disclosure confidential information was not shown to hav

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Courts Service · 2015-06-10 · courts

High Court sets aside default judgments in Wexford tenancy dispute

high court sets aside default judgments in wexford tenancy dispute the ruled that a receiver who had treated as valid should have been served with tenant’s proceedings. it set three earlier orders, leaving any further claim to take its normal course. [2015] iehc 354 has orders made over at blackhall

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Courts Service · 2015-06-10 · courts

High Court grants Ulster Bank summary judgment for €126,077.36

high court grants ulster bank summary judgment for €126,077.36 the found no fair or reasonable probability of a real bona fide defence to bank’s claim under guarantee. defendants’ request plenary hearing was refused. [2015] iehc 359 granted limited against walter de kretser and gillian fox, ruling t

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Courts Service · 2015-06-10 · courts

State ordered to pay costs after direct provision privacy challenge

state ordered to pay costs after direct provision privacy challenge the high court awarded applicants part of their in a judicial review, while refusing make order for on claims it had defeated. [2015] iehc 432 c. a. and her son 20% review over provision, reduced by 25% reflect inefficiencies how ca

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Courts Service · 2015-06-09 · courts

High Court dismisses challenge to Labour Court recommendation on union recognition

high court dismisses challenge to labour recommendation on union recognition the held that had no strictly legal effect and did not create justiciable rights, so judicial review was available. [2015] iehc 351 dismissed a by four retained firefighters their concerning at waterford county council. in

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Courts Service · 2015-06-09 · courts

Court of Appeal reduces sentences for three Cork burglary cases

court of appeal reduces sentences for three cork burglary cases the replaced seven-year with four-year terms, suspending two years each wall appellants and 20 months james cash. reduced imposed on thomas wall, cash william their involvement in burglaries city, replacing original terms sentences. an

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Courts Service · 2015-06-09 · courts

Court of Appeal dismisses rape conviction appeal

court of appeal dismisses rape conviction the rejected a challenge to trial judge’s refusal discharge jury after complainant referred threat during her evidence. has dismissed samir mansour’s against his for rape, rejecting argument that should have been discharged at central criminal convicted mans

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Courts Service · 2015-06-09 · courts

Court of Appeal dismisses challenge to five-year sentence for heroin supply offence

court of appeal dismisses challenge to five-year sentence for heroin supply offence the upheld a with two years suspended, finding no error principle in sentencing judge’s decision. [2015] ieca 116 has dismissed eddie uzell’s against severity possessing intent supply, upholding decision suspend fina

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Courts Service · 2015-06-09 · courts

High Court orders surrender of D.S. to Croatia over alleged 1991 war crime

high court orders surrender of d.s. to croatia over alleged 1991 war crime the rejected objections based on extraterritorial jurisdiction, family life, fair trial and retrospective prosecution, directed under european arrest warrant act. [2015] iehc 459 has ordered croatia, where he is sought for pr

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Courts Service · 2015-06-09 · courts

High Court refuses fishing companies’ delayed bid for security for costs

high court refuses fishing companies’ delayed bid for security costs mr justice binchy refused the defendants’ application after finding they should have sought earlier, when claim already disclosed plaintiff’s australian residence. [2015] iehc 360 has an by o’shea company limited and fintra investm

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Courts Service · 2015-06-08 · courts

Appeal court replaces Kavanagh’s sentences with concurrent five-year terms

appeal court replaces kavanagh’s sentences with concurrent five-year terms the of found original sentence unduly lenient and imposed new for drug firearms offences, suspending one year each. [2015] ieca 142 replaced on mark kavanagh after finding it lenient, ordering a offence under section 15a offe

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Courts Service · 2015-06-08 · courts

Court of Appeal finds sentence for drug and firearms offences unduly lenient

court of appeal finds sentence for drug and firearms offences unduly lenient the allowed dpp’s review said it would hold a further sentencing hearing before replacing original sentence. [2015] ieca 142 has ruled that three-and-a-half-year imposed on mark kavanagh possessing drugs sale or supply was

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Courts Service · 2015-06-08 · courts

Court of Appeal finds Dublin robbery sentence unduly lenient; further hearing to set sentences

court of appeal finds dublin robbery sentence unduly lenient; further hearing to set sentences the found an error in how sentencing judge dealt with a firearm offence, but left replacement sentences, suspension and concurrent or consecutive terms for separate hearing. [2015] ieca 115 has ruled that

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Courts Service · 2015-06-08 · courts

Court of Appeal rejects Barry Doyle’s appeal against murder conviction

court of appeal rejects barry doyle’s against murder conviction the upheld trial judge’s admission recorded confession and rejected all grounds appeal, including challenges concerning witness evidence, jury materials his arrest. [2015] ieca 109 has for 2008 shane geoghegan, concluding that none 27 c

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Courts Service · 2015-06-05 · courts

High Court grants bank summary judgment for €253,959.68 against Higginses

high court grants bank summary judgment for €253,959.68 against higginses the rejected three proposed grounds of defence to bank’s claim over a restructured loan, finding none raised an arguable defence. [2015] iehc 371 granted danske a/s trading as michael and maureen higgins loan facility said the

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Courts Service · 2015-06-05 · courts

High Court sends seafood company pay-cut appeal back for fresh tribunal decision

high court sends seafood company pay-cut appeal back for fresh tribunal decision the found legal errors and inadequate reasons in employment appeals tribunal’s on 24 workers’ complaints over a 10% wage reduction. it did not decide whether reduction breached payment of wages act. [2015] iehc 347 has

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Courts Service · 2015-06-05 · courts

Plaintiffs entitled to 20% share of racehorse sale proceeds, High Court finds

plaintiffs entitled to 20% share of racehorse sale proceeds, high court finds the found that three had agreed work with tashzara in return for a combined interest, later amended any proceeds. they have no claim horse’s prize money or progeny. [2015] iehc 352 are their respective portions net proceed

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Courts Service · 2015-06-04 · courts

High Court quashes subsidiary protection refusals over country information analysis

high court quashes subsidiary protection refusals over country information analysis the found decision-maker had not rationally addressed conflicting about pakistan. it quashed decision, but did quash deportation orders. [2015] iehc 324 refusal of to a family after finding that analysed conditions i

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Courts Service · 2015-06-04 · courts

High Court refuses Grant Thornton’s bid for security for costs

high court refuses grant thornton’s bid for security costs the was not satisfied that paul sheeran jewellers would probably be unable to meet a future award. it did decide whether alleged wrongdoing amounted special circumstance. [2015] iehc 373 has refused application requiring (johnsons court) ltd

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Courts Service · 2015-06-04 · courts

High Court refuses Iraqi couple’s challenge to asylum appeal decisions

high court refuses iraqi couple’s challenge to asylum appeal decisions the rejected a judicial review application seeking quash refugee appeals tribunal’s refusals, finding its credibility assessments reasonable and rational. [2015] iehc 345 has refused an refusing their appeals, that were in judgme

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Courts Service · 2015-06-04 · courts

Court of Appeal finds sentence for knife slashing unduly lenient

court of appeal finds sentence for knife slashing unduly lenient the ruled that an unprovoked attack left a man with permanent facial scarring did not adequately reflect gravity offending. [2015] ieca 113 has found four-year sentence, its final two years suspended, causing serious harm was lenient.

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Courts Service · 2015-06-04 · courts

Court of Appeal replaces sentence in Limerick false imprisonment case

court of appeal replaces sentence in limerick false imprisonment case the found original six-year substantially below appropriate level, then imposed six years without suspension, consecutive to two other sentences. [2015] ieca 114 has replaced a for after finding it represented substantial departur

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Courts Service · 2015-06-04 · courts

High Court refuses challenge to child’s asylum appeal decision

high court refuses challenge to child’s asylum appeal decision the declined quash refugee appeals tribunal’s decision, finding child had received fair procedures and tribunal acted reasonably within its jurisdiction. [2015] iehc 346 has refused a judicial review application challenging on an brought

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Courts Service · 2015-06-03 · courts

High Court orders surrender after finding man fled Poland to avoid sentencing

high court orders surrender after finding man fled poland to avoid sentencing the found that robert szall knew of an adjourned hearing and deliberately left without meeting his obligations polish proceedings. [2015] iehc 374 has ordered szall’s he country evade a in criminal proceedings there. mr ju

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