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Courts Service · 2015-07-31 · courts

High Court rules Freda Hayes can use 51% voting rights to expand Blarney board

high court rules freda hayes can use 51% voting rights to expand blarney board the interpreted woollen mills group’s articles and shareholder agreement, finding that shareholders could increase beyond nine appoint directors at a general meeting. [2015] iehc 509 ruled hayes’s ordinary shares special

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Courts Service · 2015-07-31 · courts

Court of Appeal dismisses Gama appeals over jurisdiction in Turkish workers’ claims

court of appeal dismisses gama appeals over jurisdiction in turkish workers’ claims the held that irish courts could hear employment under brussels regulation and dismissed against high court’s decision permission to amend summons. [2015] ieca 179 two by construction (ireland) limited its parent com

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Courts Service · 2015-07-31 · courts

Supreme Court says orders should be set aside to maintain public confidence in Goode Concrete appeal

supreme court says orders should be set aside to maintain public confidence in goode concrete appeal concurring observations, justice john macmenamin supported the chief justice’s proposed judgment and order, while outlining broader considerations for future applications based on objective bias. jud

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Courts Service · 2015-07-31 · courts

High Court finds error in calculation of Romanian man’s residence before removal order

high court finds error in calculation of romanian man’s residence before removal order the said minister used wrong approach to assess a national’s for enhanced protection against expulsion. it ruled that expulsion should be quashed, but had not yet decided whether remit matter. [2015] iehc 683 foun

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Courts Service · 2015-07-31 · courts

High Court strikes out Karen Stapleton’s personal injury claim as time-barred

high court strikes out karen stapleton’s personal injury claim as time-barred the held that, on papers before it, stapleton had required knowledge of her alleged by 1 february 2012, more than two years piab received application. [2015] iehc 510 struck proceedings against st colman’s (claremorris) cr

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Courts Service · 2015-07-31 · courts

High Court orders solicitor’s committal unless he pays €23,000 from two estates

high court orders solicitor’s committal unless he pays €23,000 from two estates the made a coercive order after finding that solicitor had not complied with an earlier direction to pay money estate executor. [2015] iehc 503 has ordered john condon be committed prison or until nikolaus david sean bou

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Courts Service · 2015-07-31 · courts

Court of Appeal sets aside orders over Wheatfield Prisoner’s protective isolation

court of appeal sets aside orders over wheatfield prisoner’s protective isolation the allowed governor’s appeals, holding that high court’s declarations and detailed regime were not justified by evidence went too far into prison management. [2015] ieca 216 has governor prison’s appeals set concernin

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Courts Service · 2015-07-31 · courts

High Court leaves landfill payment dispute for arbitrator to decide

high court leaves landfill payment dispute for arbitrator to decide the refused mayo county council’s challenge an arbitrator’s jurisdiction, finding that claimed accord and satisfaction was a defence arbitration resolve. [2015] iehc 544 application stop from hearing with joe reilly plant hire limit

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Courts Service · 2015-07-31 · courts

High Court refuses leave to challenge deportation order after Algerian applicant leaves State

high court refuses leave to challenge deportation order after algerian applicant leaves state the held judicial review had become moot and refused leave, also finding applicant’s conduct disentitled him relief. [2015] iehc 506 for an national pursue a order, holding that his departure from ireland s

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Courts Service · 2015-07-31 · courts

High Court finds both receivers invalidly appointed in Cavan property dispute

high court finds both receivers invalidly appointed in cavan property dispute the ruled that acc bank had not followed mortgage’s requirement for appointments to be made writing under its hand. it held over a claim damages arising from an earlier injunction. [2015] iehc 591 neither stephen tennant n

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Courts Service · 2015-07-31 · courts

Court of Appeal dismisses Gary Campion’s murder conviction appeal

court of appeal dismisses gary campion’s murder conviction the upheld jury’s unanimous verdict, finding evidence was properly left for jurors to assess despite serious challenges central prosecution witness. has dismissed against his brian fitzgerald, leaving mandatory life sentence in place. a jury

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Courts Service · 2015-07-31 · courts

Court of Appeal quashes three Galway convictions over jury direction

court of appeal quashes three galway convictions over jury direction the found a risk that trial judge’s summing-up led to focus first on defence theory, reversing burden proof. it allowed appeals against conviction; sentence were not determined in this judgment. has conviction by jimmy conroy, mich

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Courts Service · 2015-07-31 · courts

Supreme Court rejects council bid for preliminary hearing in planning dispute

supreme court rejects council bid for preliminary hearing in planning dispute the dismissed south tipperary county council’s appeal, finding that disputed facts and surviving misfeasance claim made a separate unsuitable. has appeal over whether legal questions should be heard before full trial. ruli

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Courts Service · 2015-07-31 · courts

Court of Appeal allows challenge to UK confiscation request over missing court statement

court of appeal allows challenge to uk confiscation request over missing statement the ruled that a prosecutor’s witness did not meet statutory requirement for enforcing order against property in ireland. [2015] ieca 182 allowed bernadette margaret rose devine’s an irish high supporting enforcement

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Courts Service · 2015-07-31 · courts

Supreme Court judge backs ministerial delegation in deportation decisions

supreme court judge backs ministerial delegation in deportation decisions a separate judgment dated 31 july 2015, mr justice charleton agreed that the under appeal should be upheld, concluding minister could exercise powers through officials while retaining responsibility for those decisions. has of

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Courts Service · 2015-07-31 · courts

Court of Appeal dismisses Wiggins’ challenge to guilty plea in yacht cocaine case

court of appeal dismisses wiggins’ challenge to guilty plea in yacht cocaine case the found he had not shown that incorrect advice or a factual mistake materially affected his decision plead guilty. it did decide merits yacht’s boarding. has dismissed christopher against conviction for possessing un

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Courts Service · 2015-07-31 · courts

High Court orders limited inspection of redacted NAMA settlement agreement

high court orders limited inspection of redacted nama settlement agreement the directed byrne wallace to inspect specified parts anne maye’s agreement, while protecting co-obligors’ names and withholding clauses about litigation conduct. [2015] iehc 530 has ordered a between maye nama, in dispute ov

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Courts Service · 2015-07-31 · courts

High Court dismisses teacher’s privacy claim over prison phone leak

high court dismisses teacher’s privacy claim over prison phone leak the found screening incident was not confidential information and that authorities had deliberately leaked details to a newspaper. [2015] iehc 532 has dismissed her breached when of mobile at st patrick’s institution appeared in iri

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Courts Service · 2015-07-31 · courts

High Court upholds ruling that Revenue’s film-relief assessment was out of time

high court upholds ruling that revenue’s film-relief assessment was out of time the found four-year limit applied to an withdrawing income-tax relief claimed for 1994/95, and upheld appeal commissioner’s decision void. [2015] iehc 529 a 2005 revenue seeking withdraw film-investment tax from liam lac

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Courts Service · 2015-07-31 · courts

Court of Appeal dismisses Richard Higgins’s challenge to murder conviction

court of appeal dismisses richard higgins’s challenge to murder conviction the rejected seven grounds appeal, including challenges concerning evidence, witness questioning and jury’s self-defence directions. has dismissed against his for murdering sean murphy in lattin, co tipperary, january 2010. f

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Courts Service · 2015-07-31 · courts

District Court refuses former foster carers’ applications over child’s placement

district court refuses former foster carers’ applications over child’s placement the refused requests to vary a care order, obtain second medical opinion, secure access and direct return, while leaving carers free apply again if cannot be agreed. [2015] iedc 07 four by two concerning child who had l

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Courts Service · 2015-07-31 · courts

High Court removes finding that would have denied asylum applicant an oral appeal

high court removes finding that would have denied asylum applicant an oral appeal the left refugee applications commissioner’s rejection of claim in place but ruled its separate under section 13(6) was unlawful. [2015] iehc 599 a which limited applicant’s to paper hearing unlawful, directing be remo

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Courts Service · 2015-07-31 · courts

High Court refuses appeal certificate in minor’s refugee case

high court refuses appeal certificate in minor’s refugee case the found that neither applicant’s age nor his prior status raised a point of exceptional public importance warranting an appeal. [2015] iehc 513 refused application for allowing judicial review involving minor whose claim had been refuse

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Courts Service · 2015-07-31 · courts

High Court orders return of two children to Germany under Hague Convention

high court orders return of two children to germany under hague convention the found had been wrongfully removed from and rejected mother’s consent grave-risk defences. it left practical arrangements costs for further submissions. [2015] iehc 573 ordered after finding that their mother them country

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Courts Service · 2015-07-31 · courts

Court of Appeal dismisses challenge to Sligo garda assault conviction

court of appeal dismisses challenge to sligo garda assault conviction the rejected an ground based on a juror’s family links síochána and dismissed second that was not pursued. has martin mcdonagh’s against his for obstructing or assaulting garda, confirmed conviction. it argument gave rise reasonab

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Courts Service · 2015-07-31 · courts

Supreme Court judge would have dismissed Goode Concrete bias appeals

supreme court judge would have dismissed goode concrete bias appeals in a dissenting judgment, mr justice hardiman said high judge’s small crh shareholding did not justify setting aside three interlocutory decisions. the court’s majority position is included this source. concrete’s seeking to set de

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Courts Service · 2015-07-31 · courts

Supreme Court dismisses appeal over official’s authority to sign deportation orders

supreme court dismisses appeal over official’s authority to sign deportation orders the held that immigration act 1999 did not require minister make decisions personally, and dismissed on issue. has an by four nigerian nationals challenging of a senior departmental official their orders. concerned w

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Courts Service · 2015-07-31 · courts

High Court refuses Nigerian woman’s bid to stop deportation

high court refuses nigerian woman’s bid to stop deportation the refused an interlocutory injunction, finding no credible basis on material before it for a real risk of significant harm if she were returned nigeria. left unresolved whether underlying judicial review proceedings remained in being. [20

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Courts Service · 2015-07-31 · courts

Supreme Court seeks further evidence on boat moored in Balbriggan Harbour

supreme court seeks further evidence on boat moored in balbriggan harbour the said fingal county council had not technically proved that shane kennedy’s vessel was foreshore. it called for submissions location issue before making final orders appeal. appeal no. 322/13 has postponed council’s concern

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Courts Service · 2015-07-31 · courts

High Court refuses to stop prosecution over untested forensic samples

high court refuses to stop prosecution over untested forensic samples the found no real or serious risk that accused could not receive a fair trial, while leaving defence free raise missing test results at trial. [2015] iehc 511 has refused an application prohibit of anonymised applicant burglary an

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Courts Service · 2015-07-31 · courts

High Court orders surrender to Poland over one-year sentence after rejecting objections

high court orders surrender to poland over one-year sentence after rejecting objections the found that remaining car theft and document-forgery offence corresponded under irish law. it refused for a separate four-offence because described conduct did not meet requirements. [2015] iehc 601 has ordere

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Courts Service · 2015-07-31 · courts

Supreme Court quashes three High Court decisions over judge’s CRH shareholding

supreme court quashes three high decisions over judge’s crh shareholding the allowed goode concrete’s appeals, finding issue had not been adequately examined, and sent matters back to for another judge. has appeals by concrete a in plc, quashed made that judge remitted be heard concerned cooke j. re

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Courts Service · 2015-07-31 · courts

High Court refuses Nigerian asylum applicant’s challenge to tribunal decision

high court refuses nigerian asylum applicant’s challenge to tribunal decision the criticised aspects of tribunal’s reasoning but concluded that its overall credibility assessment complied with principles for judicial review. [2015] iehc 507 refused an application review by a man challenging refugee

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Courts Service · 2015-07-31 · courts

Appeal court sets aside seven-year sentence in fatal Cork crash case

appeal court sets aside seven-year sentence in fatal cork crash case the of found errors sentencing judge’s approach, including treating as requiring a 10-year starting point. it set and said would impose new one after further hearing. has prison imposed on man who pleaded guilty to dangerous drivin

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Courts Service · 2015-07-31 · courts

High Court refuses judicial review of refugee status refusal

high court refuses judicial review of refugee status refusal the rejected a challenge to appeals tribunal’s papers-only decision, holding that it was not required invite applicant explain inconsistencies in his own asylum-process statements. [2015] iehc 528 has refused an application for by pakistan

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Courts Service · 2015-07-31 · courts

High Court refuses challenge over Irish recognition of Lithuanian divorce

high court refuses challenge over irish recognition of lithuanian divorce the upheld registrar’s decision not to authorise a proposed marriage while evidence about service proceedings remained insufficient. [2015] iehc 522 refused judicial review application by pakistani citizen challenging handling

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Courts Service · 2015-07-31 · courts

Court of Appeal quashes conviction over handling of juror’s concerns

court of appeal quashes conviction over handling juror’s concerns the ordered a retrial after finding procedure used to address reported wish be excused was inappropriate. has quashed man’s convictions for firearm and ammunition offences attempted aggravated burglary, ordering that trial judge handl

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Courts Service · 2015-07-30 · courts

High Court rejects challenge to temporary-release bar during firearm sentence

high court rejects challenge to temporary-release bar during firearm sentence the refused judicial review on two statutory interpretation grounds, holding that a prisoner serving mandatory minimum could not receive temporary release except grave humanitarian grounds. [2015] iehc 514 has keith doyle’

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Courts Service · 2015-07-30 · courts

Court of Appeal allows Minister’s appeal over Article 8 private-life assessment

court of appeal allows minister’s over article 8 private-life assessment the set aside high court’s certiorari orders, finding family’s claims was reasonable on evidence before minister. it left other issues for further orders. [2015] ieca 192 has allowed an by minister justice, equality and law ref

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Courts Service · 2015-07-30 · courts

High Court extends time for judicial review challenge by Pakistani mother and daughter

high court extends time for judicial review challenge by pakistani mother and daughter the ruling addressed only whether applicants could bring their challenges out of time; made no further findings on underlying refugee decisions. [2015] iehc 505 has extended a her minor to pursue proceedings chall

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Courts Service · 2015-07-30 · courts

High Court upholds Circuit Court decision in film tax relief dispute

high court upholds circuit decision in film tax relief dispute the rejected revenue’s case stated appeal over a refused 2 certificate, leaving court’s findings undisturbed. [2015] iehc 847 has an by revenue commissioners certificate for ansound limited, place that relevant conditions had been met. j

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Courts Service · 2015-07-30 · courts

Supreme Court quashes summonses in private prosecution of two former IBRC officials

supreme court quashes summonses in private prosecution of two former ibrc officials the left common informer system place but ruled that evidence before district judge did not support an arguable case under alleged fraud offence and proceedings were abuse process. has allowed appeal by mary kelly de

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Courts Service · 2015-07-30 · courts

High Court refuses judicial review challenge to asylum appeal decision

high court refuses judicial review challenge to asylum appeal decision the rejected an argument that refugee appeals tribunal mishandled information identifying anonymised applicant as a potential trafficking victim. [2015] iehc 527 has refused application for challenging tribunal’s rejection of wom

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Courts Service · 2015-07-30 · courts

High Court dismisses challenge to Celine Murphy’s will

high court dismisses challenge to celine murphy’s will the found was duly executed and that ms murphy had testamentary capacity, then admitted it probate in solemn form. [2015] iehc 516 dismissed a form, finding capacity make it. case concerned handwritten dated 8 march 2011, seven days before died.

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Courts Service · 2015-07-30 · courts

High Court declares receiver lawfully appointed over Saltee Hotel property

high court declares receiver lawfully appointed over saltee hotel property the rejected defendants’ challenges to receiver’s appointment and granted a declaration, but declined award damages for alleged trespass. [2015] iehc 521 declared that kieran wallace was included hotel, after rejecting legal

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Courts Service · 2015-07-30 · courts

Supreme Court sets aside order halting GSOC investigation into fatal crash inquiry

supreme court sets aside order halting gsoc investigation into fatal crash inquiry the ruled that an inadmissible public complaint did not, by itself, prevent from opening a separate under garda síochána act. it allowed gsoc’s appeal and set high prohibiting investigation. keegan v. ombudsman commis

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Courts Service · 2015-07-30 · courts

Court of Appeal suspends two-year sentence after DPP appeal

court of appeal suspends two-year sentence after dpp the resentenced warren bowen finding original wholly suspended too lenient, then indicative in light his conduct and circumstances since. on 30 july 2015 director public prosecutions appealed leniency sentence. it imposed an for two years a €100 o

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Courts Service · 2015-07-30 · courts

High Court says both Gilson directors should face company restrictions

high court says both gilson directors should face company restrictions the accepted liquidator’s evidence against damien and found that glenda failed to keep informed about insolvent company’s affairs. it deferred settling formal orders. [2015] iehc 846 has ruled be restricted from management his si

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Courts Service · 2015-07-30 · courts

High Court awards €8,000 for injuries from minor petrol station collision

high court awards €8,000 for injuries from minor petrol station collision the found that plaintiff suffered soft tissue would have cleared within 12 months, but her continuing neck and back complaints were not caused by 2012 collision. [2015] iehc 542 awarded in damages to caroline hamill a at forkh

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Courts Service · 2015-07-30 · courts

High Court dismisses challenge to District Court appeal recognizances

high court dismisses challenge to district appeal recognizances the found no legal error warranting judicial review of set for an against a conviction and sentence. [2015] iehc 515 dismissed philip croake’s application fixed by judge circuit court. mr justice noonan ruled on 30 july 2015 that croake

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Courts Service · 2015-07-30 · courts

Court of Appeal dismisses Brazilian family’s challenge to deportation orders

court of appeal dismisses brazilian family’s challenge to deportation orders the rejected children’s constitutional and statutory arguments upheld minister’s assessment that effect on their private life did not reach threshold for engaging article 8. [2015] ieca 210 has dismissed an by a family agai

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Courts Service · 2015-07-30 · courts

Supreme Court dismisses ten Angela Farrell appeals over abuse of process

supreme court dismisses ten angela farrell appeals over abuse of process the said continued oppressive conduct had caused significant prejudice. it did not dismiss because bankruptcy, delay or failure to provide security for costs. dismissed brought by farrell, finding that her amounted an and preju

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Courts Service · 2015-07-30 · courts

Court of Appeal dismisses T.E.’s appeal against rape conviction

court of appeal dismisses t.e.’s against rape conviction the rejected challenges to trial judge’s decision leave case with jury and directions on recklessness corroboration. it acknowledged a misdirection but found no basis overturn conviction. cca 61/2014 has dismissed his for rape, rejecting all g

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Courts Service · 2015-07-30 · courts

High Court grants interim injunction in HSE nursing director reassignment dispute

high court grants interim injunction in hse nursing director reassignment dispute the found plaintiff had a strong case that her temporary breached employment contract, but made no findings on disputed facts. it proposed an subject to undertaking as damages and said would hear parties specific relie

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Courts Service · 2015-07-30 · courts

Court of Appeal reinstates third-party notice in building subsidence case

court of appeal reinstates third-party notice in building subsidence case the allowed developers’ appeal, ruling that to professional engineers was served as soon reasonably possible circumstances. [2015] ieca 249 has set aside a high order striking out claim arising from building. proceedings were

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Courts Service · 2015-07-30 · courts

High Court rules negligent fire is not protected by accidental fires law

high court rules negligent fire is not protected by accidental fires law the held that a caused negligence could count as “fire accidentally occurring” under 1943 act. it ruled plaintiff was entitled to succeed; judgment does state final damages order. [2015] iehc 523 spread between adjoining homes

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Courts Service · 2015-07-30 · courts

High Court refuses leave to challenge 2009 Togo deportation order

high court refuses leave to challenge 2009 togo deportation order the found application out of time and said applicant had not shown substantial grounds quash an that remained in force unless revoked. [2015] iehc 517 has refused applicant’s request for a made 2009, finding was did disclose judicial

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Courts Service · 2015-07-29 · courts

Court of Appeal upholds injunction over unauthorised N5 access opening

court of appeal upholds injunction over unauthorised n5 access opening the found mayo county council had a fair case for restraining peter mcnicholas from using while dispute proceeds to trial, but did not decide whether old road right way been extinguished. [2015] ieca 184 upheld an interlocutory h

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Courts Service · 2015-07-29 · courts

Court of Appeal rejects Unitherm’s claim to trace BHT sale proceeds

court of appeal rejects unitherm’s claim to trace bht sale proceeds the allowed liquidator’s appeal, finding that clause created an unregistered charge was void against liquidator. has liquidator group ltd a high ruling would have given unitherm heating systems priority recover €93,907.65 from resal

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Courts Service · 2015-07-29 · courts

District Court refuses interim care order for two children, adjourns care application

district court refuses interim care order for two children, adjourns application the judge found reasonable cause to believe children’s welfare could be impaired by exposure conflict, but not that immediate separation from their mother was necessary. [2015] iedc 08 (an chúirt dúiche) refused child a

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Courts Service · 2015-07-29 · courts

Court of Appeal dismisses challenge to injunction over N5 access gap

court of appeal dismisses challenge to injunction over n5 access gap the keeps a created by demolition retaining wall closed pending trial. decided only that mayo county council had an arguable case was unlawful. [2015] ieca 184 has dismissed peter mcnicholas’s against preventing him from driving on

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Courts Service · 2015-07-29 · courts

Court certifies one question on use of pre-2006 evidence statements

court certifies one question on use of pre-2006 evidence statements the criminal appeal allowed an to supreme proceed whether section 16 justice act 2006 applies made before came into force. it refused certification two other proposed questions. has certified point law for court: decision was delive

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Courts Service · 2015-07-29 · courts

Court quashes murder conviction over jury’s confusion about provocation

court quashes murder conviction over jury’s confusion about provocation the of criminal appeal ordered a retrial after finding an inescapable possibility that jury misunderstood what it had to decide before returning verdict. has quashed kieran lynch’s and retrial, may have been confused how related

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Courts Service · 2015-07-29 · courts

High Court dismisses challenge to Tipperary wind farm permission

high court dismisses challenge to tipperary wind farm permission the rejected three grounds brought by edward buckley and edel grace against an bord pleanála’s approval of a 22-turbine development, while leaving practical question access across buckley’s land for another day. [2015] iehc 572 court,

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Courts Service · 2015-07-29 · courts

High Court allows damages claim after lease agreement breach, but excludes earlier losses and deposit

high court allows damages claim after lease agreement breach, but excludes earlier losses and deposit the ruled that could follow termination of from 26 march 2014, subject to an agreed rent-free period. judgment did not state a final total. [2015] iehc 552 court, commercial john reynolds for breach

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Courts Service · 2015-07-29 · courts

High Court rejects claim to rights of way across former Oatfield factory site

high court rejects claim to rights of way across former oatfield factory site the found that access used by ruth mckinney and her father was tolerated, not exercised as a legal right. it invited submissions on order be drawn up; judgment did specify final relief. [2015] iehc 790 has rejected estate

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Courts Service · 2015-07-28 · courts

Court of Appeal sends cable misrepresentation dispute back for retrial

court of appeal sends cable misrepresentation dispute back for retrial the allowed a limited over counterclaim concerning maps an underground esb cable, but made no finding that leopardstown misrepresented site. has ordered whether supplied by club position electricity cables at proposed tennis conc

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Courts Service · 2015-07-28 · courts

High Court bars surrender over Lithuanian warrant issued without judicial involvement

high court bars surrender over lithuanian warrant issued without judicial involvement the found that an executive department requested and a justice minister it, with no prior decision. it rejected respondent’s other objections. [2015] iehc 524 of ireland prohibited m.v. to lithuania, finding who eu

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Courts Service · 2015-07-28 · courts

High Court confirms Permanent TSB €1.49bn share premium reduction

high court confirms permanent tsb €1.49bn share premium reduction the confirmed balance-sheet reorganisation after considering shareholder approval, fairness and creditor safeguards. it also struck out a discovery motion refused separate relief sought by two other applicants. [2015] iehc 500 group h

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Courts Service · 2015-07-28 · courts

Court of Appeal quashes convictions after finding cumulative concerns over trial

court of appeal quashes convictions after finding cumulative concerns over trial the allowed p.h.’s appeal, concluding that about delay, missing witnesses and inconsistencies meant could not stand. 221/13 has quashed for rape, oral rape three counts sexual assault, combined effect in case judgment,

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Courts Service · 2015-07-28 · courts

High Court refuses leave to challenge refusal to reopen Pakistani woman’s asylum process

high court refuses leave to challenge refusal reopen pakistani woman’s asylum process the held that judicial review was available without first seeking an internal review, but refused after finding factual material had not been provided decision-maker. [2015] iehc 508 for s.m. (pakistan) a decision

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Courts Service · 2015-07-28 · courts

Court refuses bid to take 2009 appeal issues to Supreme Court

court refuses bid to take 2009 appeal issues supreme the of criminal said proposed legal questions were moot or concerned applying settled law facts one trial, and refused a certificate under section 29. has an application by eamon cooke for over dismissal his in 2009. judgment delivered on 28 july

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Courts Service · 2015-07-28 · courts

High Court quashes refugee appeal decision over Pakistan persecution claim

high court quashes refugee appeal decision over pakistan persecution claim the found flaws in tribunal’s treatment of religious persecution, credibility and future risk, sent case back for a fresh by different member. [2015] iehc 502 has quashed appeals tribunal rejecting pakistani man’s asylum appe

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Courts Service · 2015-07-28 · courts

High Court quashes Nepalese applicant’s refugee appeal decision and orders new hearing

high court quashes nepalese applicant’s refugee appeal decision and orders new hearing the found appeals tribunal had not adequately explained key credibility findings or addressed core claim. it ordered a de novo before different member. [2015] iehc 489 quashed rejecting man’s appeal, finding that

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Courts Service · 2015-07-28 · courts

High Court quashes Nigerian asylum refusal and orders rehearing

high court quashes nigerian asylum refusal and orders rehearing the found that refugee appeals tribunal misunderstood applicant’s claim made unclear or inaccurate findings. it sent matter back to for a fresh hearing. [2015] iehc 501 has quashed decision refusing status an anonymised applicant remitt

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Courts Service · 2015-07-28 · courts

Court of Appeal orders fresh hearing over alleged cable map misrepresentation

court of appeal orders fresh hearing over alleged cable map misrepresentation the allowed templeville developments’ after finding that high court’s conclusion about its knowledge an underground could not stand. it made no settlement was a misrepresentation. has ordered on developments limited’s clai

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Courts Service · 2015-07-28 · courts

High Court refused barrister’s bid to adjourn disciplinary challenge; action dismissed after he withdrew from trial

high court refused barrister’s bid to adjourn disciplinary challenge; action dismissed after he withdrew from trial the rejected preliminary applications delay and seek an eu reference. plaintiff declined open his case or take further part, was against all four defendants. [2015] iehc 512 alan p. to

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Courts Service · 2015-07-27 · courts

Court of Appeal cuts Dublin violent-disorder sentence and suspends final year

court of appeal cuts dublin violent-disorder sentence and suspends final year the reduced ian dent’s five-year for quays incident to three years, suspending 12 months on conditions. it upheld his separate two-year merchant’s arch incident. prison violent disorder dublin’s years suspended months, sub

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Courts Service · 2015-07-27 · courts

Court of Appeal dismisses challenge to four-year burglary sentence

court of appeal dismisses challenge to four-year burglary sentence the held that was proportionate, citing offending and appellant’s relevant previous convictions. has dismissed an against severity a prison imposed on jonathan lynch for burglary, finding proportionate his personal circumstances. had

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Courts Service · 2015-07-27 · courts

Court of Appeal dismisses appeal against five-year sentence for pipe bomb possession

court of appeal dismisses against five-year sentence for pipe bomb possession the held that was reasonable and appropriate, left custodial term in place. dismissed stephen somers’s a prison possessing explosives, finding appropriate. somers pleaded guilty circuit criminal dublin on 1 july 2013 to ex

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Courts Service · 2015-07-27 · courts

Appeal court reduces sentence for serious assault to eight years

appeal court reduces sentence for serious assault to eight years the of substituted an eight-year a nine-year term, suspending final 18 months two after release, subject conditions. reduced alan healy’s causing bodily harm from nine years, finding error principle in original sentencing judge’s 15-ye

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Courts Service · 2015-07-27 · courts

Court of Appeal dismisses challenge to six-year sentence for child sexual abuse

court of appeal dismisses challenge to six-year sentence for child sexual abuse the upheld a man’s convictions on 16 indecent assault counts and found no error in imposed by circuit criminal court. has dismissed j. k.’s appeals against his prison those offences. it trial satisfactory, safe principle

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Courts Service · 2015-07-27 · courts

Court of Appeal restrains deportation of Malawian family pending appeal

court of appeal restrains deportation malawian family pending the found had an arguable challenge to subsidiary protection decisions and granted interlocutory injunction, giving weight disruption would cause children. has injunction restraining two parents their children malawi while concerning is p

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Courts Service · 2015-07-27 · courts

High Court says subsidiary protection challenge should go to appeal tribunal first

high court says subsidiary protection challenge should go to appeal tribunal first the refused an ex parte application for leave seek judicial review, finding applicant’s premature after his credibility was rejected at instance and pointing refugee appeals tribunal. [2015] iehc 647 ruled that a maur

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Courts Service · 2015-07-27 · courts

High Court awards €50,000 over Garda’s psychological injury after roadside collision

high court awards €50,000 over garda’s psychological injury after roadside collision the found that 2002 incident caused significant effects took about 18 months to abate, and contributed applicant’s decision retire. it did not find his later serious depressive episode. [2015] iehc 476 awarded eugen

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Courts Service · 2015-07-27 · courts

High Court refuses Irish Times bid to block The Times’ Irish digital edition

high court refuses irish times bid to block the times’ digital edition justice hedigan refused an interlocutory injunction, finding that had not acted with expedition required. did decide whether proposed infringed trade marks or amounted passing off. [2015] iehc 490 court, commercial has limited’s

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Courts Service · 2015-07-27 · courts

Court of Appeal dismisses IRA membership conviction appeal

court of appeal dismisses ira membership conviction the upheld special criminal court’s use interview answers and garda belief evidence, finding no basis to interfere with robert nolan’s conviction. has dismissed against his for ira, was entitled draw an inference from failure answer material questi

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Courts Service · 2015-07-24 · courts

Court suspends part of pig welfare sentence on appeal

court suspends part of pig welfare sentence on appeal the resentenced rory o’brien after finding errors in principle, keeping prison terms but suspending each sentence. 43/15 set aside imposed for five animal and cruelty offences him, term. it found that sentencing judge should have considered had n

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Courts Service · 2015-07-24 · courts

High Court dismisses challenge over delay ruling in burglary case

high court dismisses challenge over delay ruling in burglary case the held that district had no jurisdiction to hear a application before statutory conditions for guilty plea disposal were met. it also found evidence did not show culpable or prejudice. [2015] iehc 556 dismissed anthony o’connor’s ju

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Courts Service · 2015-07-24 · courts

High Court certifies appeal on public participation in wind farm designation process

high court certifies appeal on public participation in wind farm designation process the refused certification two proposed points but certified whether interested members of must be heard before an bord pleanála forms a strategic infrastructure opinion. [2015] iehc 493 court, commercial has opinion

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Courts Service · 2015-07-24 · courts

High Court refuses request for recordings after ruling judicial review could not proceed

high court refuses request for recordings after ruling judicial review could not proceed the rejected a respondent’s application or transcripts of two earlier hearings, finding his stated purpose—seeking decisions—could succeed. [2015] iehc 491 has refused audio hearings in family law proceedings, t

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Courts Service · 2015-07-24 · courts

High Court adds RSA Insurance as notice party in disputed injury claim

high court adds rsa insurance as notice party in disputed injury claim the insurer may take part proceedings to address an arguable fraud allegation, but did not decide whether was fraudulent. [2015] iehc 543 has allowed ireland limited join a personal injuries case party, after sought raise alleged

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Courts Service · 2015-07-24 · courts

High Court refuses challenge to enhanced-remission decision after finding judicial review was late

high court refuses challenge to enhanced-remission decision after finding judicial review was late the also considered applicant’s argument about access prison activities, but found he had not shown grounds for intervention. [2015] iehc 499 has refused a minister justice and equality’s grant prisone

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Courts Service · 2015-07-24 · courts

High Court grants AIB 80% of loan claims against Killorans, sends balance to plenary hearing

high court grants aib 80% of loan claims against killorans, sends balance to plenary hearing justice michael moriarty entered judgment for €12.6 million desmond killoran and €10.8 agnes killoran, with 20% each claim left a hearing. [2015] iehc 850 the granted allied irish banks plc finance limited t

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Courts Service · 2015-07-24 · courts

High Court finds faulty workstation contributed to worker’s neck condition

high court finds faulty workstation contributed to worker’s neck condition the found focus ireland negligent over arrangement but limited compensation pain and suffering during first year after symptoms began. [2015] iehc 478 that negligently arranged a housing support workstation, contributing onse

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Courts Service · 2015-07-24 · courts

Appeal court suspends final six months of fuel laundering sentence

appeal court suspends final six months of fuel laundering sentence the upheld 18-month prison as proportionate but found an error principle in not suspending part it. has suspended a man’s for keeping prohibited goods, after finding that sentencing judge should have considered term interests rehabil

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Courts Service · 2015-07-24 · courts

High Court refuses to halt sexual assault trial over unavailable identities

high court refuses to halt sexual assault trial over unavailable identities the extended time for judicial review application but dismissed request prohibit prosecution, finding no real risk of an unfair at this stage. [2015] iehc 494 has a man’s on charge assault, ruling that absence people linked

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Courts Service · 2015-07-24 · courts

High Court orders Gorse Hill lis pendens vacated after finding proceedings abusive

high court orders gorse hill lis pendens vacated after finding proceedings abusive the held that vico limited and o’donnell children were seeking to reopen matters already decided in earlier litigation. it also found unreasonable delay registering notices. [2015] iehc 525 ordered two registered agai

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Courts Service · 2015-07-24 · courts

High Court orders return of child to England after finding wrongful removal

high court orders return of child to england after finding wrongful removal the rejected mother’s grave-risk defence and considered child’s objection, but said custody welfare issues belonged before courts in wales. [2015] iehc 475 has declared that a 12-year-old was wrongfully removed from ireland

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Courts Service · 2015-07-24 · courts

Court of Appeal dismisses challenge to Standards Commission inquiry and language arrangements

court of appeal dismisses challenge to standards commission inquiry and language arrangements the upheld high court’s decision that concerned a complaint made in names donegal county council’s mayor manager. it also rejected requirement for members be fluent irish, finding interpretation reasonable

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Courts Service · 2015-07-24 · courts

Court refuses Liam Bolger’s bid to take murder appeal questions to Supreme Court

court refuses liam bolger’s bid to take murder appeal questions supreme the of criminal declined certify two proposed legal questions, finding they did not meet statutory threshold for referral. has refused application a certificate allowing him on about police questioning and adverse inferences fro

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Courts Service · 2015-07-24 · courts

High Court orders registration of man’s Dublin birth after appeal

high court orders registration of man’s dublin birth after appeal the found it was more likely than not that sergey chesnokov born in 1940, overturning registrar general’s refusal to register birth. [2015] iehc 497 has ordered chesnokov’s allowing his against refusal. mr justice hedigan found, on ba

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Courts Service · 2015-07-23 · courts

Supreme Court judge proposes reducing High Court costs award from 80% to 40%

supreme court judge proposes reducing high costs award from 80% to 40% in a judgment on costs, mr justice clarke proposed that ms. d. recover of specified mr. d., with appeal set off between them. the document is j.’s disposition; it does not establish final order. pay proceedings, replacing an orde

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Courts Service · 2015-07-23 · courts

Supreme Court sets out prosecution’s burden to justify continued Garda-station detention

supreme court sets out prosecution’s burden to justify continued garda-station detention in a reference arising from colm roche’s acquittal, justice clarke said the prosecution must establish that circumstances requiring review of investigative had not arisen, or was properly carried out. reconsider

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Courts Service · 2015-07-23 · courts

High Court quashes refugee appeal decision and orders fresh consideration

high court quashes refugee appeal decision and orders fresh consideration the found applicant’s explanations for not seeking asylum in france or congo-brazzaville required proper that tribunal had adequately engaged with a medical report. [2015] iehc 479 has quashed appeals refusing to recognise dem

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Courts Service · 2015-07-23 · courts

Supreme Court says shift change alone did not make Roche’s detention unlawful

supreme court says shift change alone did not make roche’s detention unlawful the answered two legal questions in negative, ruling that absence of evidence a replacement station officer’s separate review was enough, by itself, to invalidate continued detention. ruled officer separately reconsidered

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Courts Service · 2015-07-23 · courts

Supreme Court dismisses appeal over claims struck from Titanic Bar dispute

supreme court dismisses appeal over claims struck from titanic bar dispute the upheld high court’s decision to strike out parts of vincent keaney’s statement claim, finding that fraud allegations lacked sufficient particulars and many company-loss could only be brought by company. ireland has dismis

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Courts Service · 2015-07-23 · courts

Court of Appeal dismisses appeals against convictions in Cork van assault case

court of appeal dismisses appeals against convictions in cork van assault case the upheld jimmy o’brien and shane folan, finding no basis to overturn jury’s verdicts. their sentence were not decided this judgment. has dismissed folan’s for sexual offences committed near glanmire, co cork, september

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Courts Service · 2015-07-23 · courts

Supreme Court dismisses DPP appeal over exclusion of evidence in Roche case

supreme court dismisses dpp appeal over exclusion of evidence in roche case the concerned excluded at trial after a judge found detention unlawful beyond 2pm. left acquittal undisturbed. has dismissed director public prosecutions’ concerning colm roche’s trial, leaving his was acquitted 2001 by jury

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Courts Service · 2015-07-23 · courts

Supreme Court judge would uphold 80% costs order in family property case

supreme court judge would uphold 80% costs order in family property case a separate judgment on the appeal over costs, justice john macmenamin said he leave place high favour of wife and award her both days. [2015] i.e.s.c. 16 (referenced as d. v judgment) not interfere with requiring husband to pay

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Courts Service · 2015-07-22 · courts

High Court orders surrender in Northern Ireland arrest warrant case

high court orders surrender in northern ireland arrest warrant case the rejected objections based on alleged discrimination, offence correspondence and dpp’s position, ordered for prosecution four charges. [2015] iehc 658 has barney mcginley’s to charges, rejecting his a european warrant. judgment d

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Courts Service · 2015-07-22 · courts

Appeal court declares right to appeal reactivation of suspended sentence

appeal court declares right to reactivation of suspended sentence the found that a statutory was available damien mccabe, but kept in place his release and permanently stayed execution prison warrant. ruled person whose is reactivated by circuit has decision, including where original imposed after a

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Courts Service · 2015-07-22 · courts

Court of Appeal dismisses McCabe’s challenge to suspended sentence warrant

court of appeal dismisses mccabe’s challenge to suspended sentence warrant the upheld high court’s rejection arguments about meaning “convicted” under section 99 and used commit mccabe prison. dismissed damien cross against a judgment concerning his detention from 28 may 2014. challenged both “convi

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Courts Service · 2015-07-21 · courts

Court of Appeal suspends final year of teenager’s six-year detention sentence

court of appeal suspends final year teenager’s six-year detention sentence the found an error principle in sentencing judge’s provision for rehabilitation, while upholding term a grave aggravated burglary and related offences. has varied imposed on teenager who was just short his 16th birthday when

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Courts Service · 2015-07-21 · courts

High Court grants Ulster Bank summary judgment against guarantors for €114,976

high court grants ulster bank summary judgment against guarantors for €114,976 the ruled that company’s former directors had not shown a bona fide defence to bank’s claim under their guarantee. it rejected arguments about handling of loan drawdowns. [2015] iehc 483 granted ireland limited €114,976.2

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Courts Service · 2015-07-21 · courts

High Court quashes refusal of enhanced remission for former TD

high court quashes refusal of enhanced remission for former td the ordered a fresh consideration ivor callely’s application, finding did not show that mandatory factors had been considered. it upheld separate temporary release and found decision-making delegation lawful. [2015] iehc 485 quashed call

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Courts Service · 2015-07-21 · courts

Court of Appeal dismisses appeal against manslaughter sentence

court of appeal dismisses against manslaughter sentence the upheld a 10-year sentence, with final two and half years suspended, finding no error in how sentencing judge addressed remand time totality principle. has dismissed john flaherty’s severity his for manslaughter, holding that made flaherty r

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Courts Service · 2015-07-21 · courts

High Court awards Garda €45,916.43 for permanent hand injury

high court awards garda €45,916.43 for permanent hand injury the awarded €30,000 pain and suffering to date, €15,000 future €916.43 agreed pecuniary losses under compensation legislation. [2015] iehc 868 a in right-hand sustained during struggle with prisoner at kilkenny station august 2008. award c

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Courts Service · 2015-07-21 · courts

Court of Appeal dismisses Maura Thornton’s appeal against manslaughter sentence

court of appeal dismisses maura thornton’s against manslaughter sentence the upheld a ten-year sentence, with final three years suspended, while leaving open possibility up to six weeks’ additional custody credit if records establish it is due. has dismissed severity her for manslaughter, upholding

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Courts Service · 2015-07-21 · courts

High Court to hear terms of injunction against Dunnes over Aldi advertisements

high court to hear terms of injunction against dunnes over aldi advertisements the found no special reason refuse an after earlier ruling that stores infringed aldi’s trade marks and comparative advertising rules. it also allowed work on damages continue, while deferring a trial date until liability

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Courts Service · 2015-07-21 · courts

High Court removes Ballyrider liquidator over costly, prolonged winding-up

high court removes ballyrider liquidator over costly, prolonged winding-up the found liquidation had not been conducted efficiently or cost-effectively, but left decision on whether to continue a claim against hotel’s first buyer new liquidator. [2015] iehc 477 removed voluntary of limited, finding

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Courts Service · 2015-07-21 · courts

High Court finds lender entitled to possession but adjourns case over property boundaries

high court finds lender entitled to possession but adjourns case over property boundaries the ruled that stepstone could seek after mortgage-arrears moratorium had expired, required an agreed map and undertaking correct registered charge before making order. [2015] iehc 487 has found mortgage fundin

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Courts Service · 2015-07-21 · courts

Court of Appeal suspends final 18 months of Cork robbery sentence

court of appeal suspends final 18 months cork robbery sentence the set aside original after finding sentencing judge should have expressly excluded inadmissible garda opinion evidence. it then imposed a 10-year term, suspending its subject to conditions. on paul o’connor for 2009 and term with suspe

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Courts Service · 2015-07-21 · courts

High Court refuses appeal certificate in mobile-home planning dispute

high court refuses appeal certificate in mobile-home planning dispute the ruled that applicants had not shown a point of law exceptional public importance arising from its earlier dismissal their judicial review challenge. [2015] iehc 484 has refused noel ross and gary leave to challenge condition o

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Courts Service · 2015-07-21 · courts

High Court dismisses claim over injury at Kilkenny Castle playground

high court dismisses claim over injury at kilkenny castle playground the held that a father injured while hurrying to help his child had not shown equipment was danger under occupiers’ liability act 1995, or office of public works acted with reckless disregard. [2015] iehc 486 dismissed eoin ryan’s

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Courts Service · 2015-07-21 · courts

Appeal court cuts nurse assault sentence to 15 months in custody

appeal court cuts nurse assault sentence to 15 months in custody the of found original started from too high a seriousness level, quashed it and imposed new with nine suspended. samantha corbett’s three-year for causing harm resentenced her two years, order leaves be served custody, subject conditio

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Courts Service · 2015-07-20 · courts

High Court refuses late tender offer after failed mediation

high court refuses late tender offer after failed mediation the found it unfair to let a company in liquidation make against counterclaim trial had begun and failed. [2015] iehc 498 refused white young green environmental (ireland) limited leave an of payment anna gethings’s counterclaim, finding th

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Courts Service · 2015-07-20 · courts

Court of Appeal dismisses challenge to Cork assault conviction

court of appeal dismisses challenge to cork assault conviction the found that an inadvertent reference previous convictions did not cause injustice requiring jury be discharged. 116/15 has dismissed michael murphy’s against his for assaulting laura o’callaghan in cork, finding make trial unfair. mur

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Courts Service · 2015-07-20 · courts

Court of Appeal dismisses Derek Palmer’s conviction appeal; sentence appeal remains

court of appeal dismisses derek palmer’s conviction appeal; sentence remains the rejected challenges to garda belief evidence and interview inferences. it said would hear submissions on separately. special criminal (trial court) has dismissed against his for membership an unlawful organisation, reje

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Courts Service · 2015-07-20 · courts

Court of Appeal dismisses P.C.’s appeal against child sexual exploitation convictions

court of appeal dismisses p.c.’s against child sexual exploitation convictions the rejected challenges to convictions, arrest and detention, interview evidence trial judge’s directions. concerned two entered in 2013 sentences imposed 2014. {'name': 'the appeal', 'division_or_panel': president; finla

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Courts Service · 2015-07-17 · courts

High Court strikes solicitor from roll over dishonoured €450,000 undertaking

high court strikes solicitor from roll over dishonoured €450,000 undertaking the set aside disciplinary tribunal’s lesser practice restrictions, citing failed undertaking, loss to ics building society and aggravating conduct. [2015] iehc 453 has ordered paul lambert be struck of solicitors after fin

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Courts Service · 2015-07-16 · courts

High Court leaves Pensions Ombudsman ruling on McDermott’s survivor pension in place

high court leaves pensions ombudsman ruling on mcdermott’s survivor pension in place the rejected two ministers’ appeal against a determination directing payment under 2003 order, while acknowledging possible error one part of ombudsman’s reasoning. [2015] iehc 466 has left that margaret mcdermott r

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Courts Service · 2015-07-16 · courts

Supreme Court dismisses mother and son’s appeal against deportation decision

supreme court dismisses mother and son’s appeal against deportation decision the upheld high court’s refusal to quash minister’s not revoke their orders refused an injunction, while noting minister would review child’s circumstances. dismissed by a her son orders. it also restrain finding no arguabl

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Courts Service · 2015-07-16 · courts

Court of Appeal increases suspended portion of drug sentence by a year

court of appeal increases suspended portion drug sentence by a year the upheld an eight-year for offence involving drugs valued at €680,500, but three years after finding that mitigation deserved greater weight. 248/13 increased from two to three, citing appellant’s cooperation, early guilty plea, r

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Courts Service · 2015-07-16 · courts

High Court rules Irish codicil revived Kerry will, but New York will survives for New York account

high court rules irish codicil revived kerry will, but new york will survives for account the found 2010 showed an intention to revive 2006 will. it did not decide whether had originally revoked it, and held that continued govern assets outside [2015] iehc 460 ruled a philip brennan’s limited will’s

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Courts Service · 2015-07-16 · courts

Supreme Court sends veterinary inspectors’ employment dispute back for rehearing

supreme court sends veterinary inspectors’ employment dispute back for rehearing the overturned a high ruling after finding that appeals tribunal had misunderstood earlier appeal. must decide whether vets were employees or self-employed. has in long-running over five surgeons who worked at meat plan

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Courts Service · 2015-07-16 · courts

High Court refuses challenge to asylum decision over missing country information

high court refuses challenge to asylum decision over missing country information the found that could have helped assess claims of mistreatment in togo, but applicant had not identified relevant material decision-maker failed consider. [2015] iehc 519 has refused an application for judicial review c

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Courts Service · 2015-07-16 · courts

Court of Appeal dismisses challenge to admission of statement in indecent assault case

court of appeal dismisses challenge to admission statement in indecent assault case the found no legal requirement record thomas mooney’s 2010 statement, while saying available recording facilities should preferably be used similar cases. has dismissed against his convictions for assault, finding he

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Courts Service · 2015-07-16 · courts

Supreme Court sends long-running employment dispute back to tribunal

supreme court sends long-running employment dispute back to tribunal the set aside a high judgment after finding had misunderstood an earlier ruling. must decide whether relationship existed. has in between five appellants and minister for agriculture & food, remitting matter appeals fresh determina

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Courts Service · 2015-07-16 · courts

High Court quashes redress board’s strike-out of man’s late application

high court quashes redress board’s strike-out of man’s late application the found evidence direction impermissibly vague and said it failed to give proper weight remedial purpose scheme. sent back for reconsideration. [2015] iehc 465 has quashed a residential institutions board decision striking out

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Courts Service · 2015-07-16 · courts

High Court says District Court cannot award costs in sample-retention applications

high court says district cannot award costs in sample-retention applications a case stated, the held that had no jurisdiction to an application under section 4(5) of criminal justice (forensic evidence) act 1990. [2015] iehc 461 has ruled retain forensic samples it answered “no” when asked whether a

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Courts Service · 2015-07-16 · courts

High Court refuses challenge to refusal of Algerian man’s refugee claim

high court refuses challenge to refusal of algerian man’s refugee claim the judicial review concerned whether appeals tribunal had lawfully assessed risk persecution and possibility relocation within algeria. refused certiorari, leaving tribunal’s decision in place. [2015] iehc 472 has an applicatio

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Courts Service · 2015-07-16 · courts

Court of Appeal reduces T.Q.'s effective prison term from 12½ to 11 years

court of appeal reduces t.q.'s effective prison term from 12½ to 11 years the has reduced sentence imposed on t.q. for offences against a victim over whom he held position trust as her father. had previously delivered judgment setting out background and details offences. in this further ruling, mr j

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Courts Service · 2015-07-16 · courts

Court upholds Limerick sexual assault convictions after rejecting jury discharge arguments

court upholds limerick sexual assault convictions after rejecting jury discharge arguments of appeal the has upheld d.m.’s on three counts involving his partner’s teenage daughter at their family home in limerick. d.m. was convicted by a circuit 6 february 2014. he had originally faced 20 covering p

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Courts Service · 2015-07-16 · courts

Supreme Court dismisses appeal over Nigerian mother and son’s deportation order

supreme court dismisses appeal over nigerian mother and son’s deportation order the upheld minister’s refusal to revoke rejected an injunction pending appeal. it also ordered applicants’ solicitors pay costs of written submissions on a withdrawn eu-law reference request. ireland dismissed by her son

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Courts Service · 2015-07-16 · courts

Supreme Court dismisses appeal over deportation orders and makes limited wasted-costs order

supreme court dismisses appeal over deportation orders and makes limited wasted-costs order the left an interim stay unresolved as moot ordered appellants’ solicitors to indemnify them for respondents’ costs of written submissions on a withdrawn eu-law reference. dismissed by p.o. her infant son, s.

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Courts Service · 2015-07-16 · courts

High Court refuses challenge to residency decision involving British child

high court refuses challenge to residency decision involving british child the found minister could check whether third-party support was sufficiently certain and available meet resources requirement for child’s residence. [2015] iehc 469 has refused a nigerian mother’s judicial review refusal of he

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Courts Service · 2015-07-16 · courts

Supreme Court says Listowel election appeal was properly brought, but merits remain unheard

supreme court says listowel election appeal was properly brought, but merits remain unheard the ruled on procedure and its transfer to of appeal, indicated it would cancel that if parties made an oral application. did not decide challenge. dan kiely’s over 2014 local initiated, whether count conduct

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Courts Service · 2015-07-16 · courts

Supreme Court sends veterinary inspectors’ redundancy claims back to tribunal

supreme court sends veterinary inspectors’ redundancy claims back to tribunal the set aside a high order that had rejected appeal, finding judge not addressed whether misunderstood an earlier order. must now decide on evidence and applicable legal principles. has concerning five temporary for statut

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Courts Service · 2015-07-16 · courts

High Court reserves costs after refusing Glaxo’s bid for interim injunction

high court reserves costs after refusing glaxo’s bid for interim injunction the declined to award rowex of failed application, leaving those later because full trial could change picture. [2015] iehc 467 has reserved application an interlocutory against rowex, finding it was not possible decide fair

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Courts Service · 2015-07-16 · courts

High Court refuses donor’s children access to inquiry report on his finances

high court refuses donor’s children access to inquiry report on his finances the said attorney’s management of raised no further concerns, but ruled that applicants were not entitled see report. [2015] iehc 463 has refused five a forensic accountant’s their father’s finances, while concluding proper

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Courts Service · 2015-07-15 · courts

Court of Appeal replaces €20,000 measured costs award with taxed costs order

court of appeal replaces €20,000 measured costs award with taxed order the allowed oliver landers’s appeal, finding high had set without giving parties a chance to provide relevant material or make submissions. has over how proceedings against raymond dixon, replacing an for costs. concerned alone.

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Courts Service · 2015-07-15 · courts

High Court rejects investors’ bid for further particulars in Montenegro property scheme case

high court rejects investors’ bid for further particulars in montenegro property scheme case the dismissed an application by four representative groups seeking more detail from byrne wallace solicitors before trial, finding requested information would amount to advance disclosure of evidence. [2015]

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Courts Service · 2015-07-15 · courts

High Court dismisses challenge over recorded solicitor calls in prison

high court dismisses challenge over recorded solicitor calls in prison the found that between a prisoner and his solicitors had been inappropriately, but accepted recordings were inadvertent not accessed. [2015] iehc 474 dismissed prisoner’s judicial review application recording of with solicitors,

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Courts Service · 2015-07-15 · courts

High Court finds estate representative had conflict over land claim

high court finds estate representative had conflict over land claim the concluded william dunne could not impartially represent cecil dunne’s while personally claiming possessory title to much of its land. it treated that as a serious special circumstance justifying removal. [2015] iehc 607 court, c

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Courts Service · 2015-07-15 · courts

High Court refuses leave in challenge to refugee status decision

high court refuses leave in challenge to refugee status decision the found no demonstrated flaw appeals tribunal’s consideration of a zimbabwean man’s claim. it also rejected his complaint about lack an oral appeal hearing. [2015] iehc 471 refused judicial review tribunal that had affirmed recommend

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Courts Service · 2015-07-15 · courts

High Court quashes refugee appeal decision over reasons on protection and relocation

high court quashes refugee appeal decision over reasons on protection and relocation the ordered a fresh determination by different tribunal member, finding appeals had not adequately explained its treatment of conflicting country information or reversal an earlier finding. [2015] iehc 470 quashed r

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Courts Service · 2015-07-14 · courts

High Court grants Sri Apparel summary judgment for €76,480.52

high court grants sri apparel summary judgment for €76,480.52 the refused paul bond leave to defend company’s claim under a 2011 settlement agreement, finding he had not shown an arguable defence on affidavit evidence. [2015] iehc 555 granted limited against bond, after refusing his application have

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Courts Service · 2015-07-14 · courts

High Court refuses challenge to naturalisation refusal based on applicant’s record

high court refuses challenge to naturalisation refusal based on applicant’s record the held that minister could consider offences when assessing good character and found no basis quash 2013 refusal. [2015] iehc 446 has refused a somali national’s application for justice equality’s of his irish natur

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Courts Service · 2015-07-14 · courts

High Court refuses return of child to US after finding objections and grave risk

high court refuses return of child to us after finding objections and grave risk the found was wrongfully removed from new york ireland, but refused father’s hague convention application, citing child’s settlement, psychological harm. [2015] iehc 541 an application a united states under convention,

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Courts Service · 2015-07-14 · courts

High Court dismisses challenge to sex offender notification rules

high court dismisses challenge to sex offender notification rules the upheld challenged provisions of 2001 act, finding regime proportionate and reporting offence neither strict liability nor impermissibly vague. [2015] iehc 468 has dismissed j.f.’s constitutional offenders act governing requirement

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Courts Service · 2015-07-14 · courts

High Court awards investor €181,386 after finding company representations were false

high court awards investor €181,386 after finding company representations were false the found patrick loonam was partly induced to invest by misrepresentations and later subjected undue influence, while deducting 10% for contributory negligence. [2015] iehc 545 awarded that influence led him give €

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Courts Service · 2015-07-14 · courts

High Court finds Elliott’s replies to several particulars inadequate in pyrite claim

high court finds elliott’s replies to several particulars inadequate in pyrite claim the identified deficiencies sought by defendants, but made no strike-out order. it said would hear submissions on appropriate next order and whether should be amended. [2015] iehc 480 court, commercial found that ja

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Courts Service · 2015-07-13 · courts

High Court awards €60,000 to retired garda after three assaults

high court awards €60,000 to retired garda after three assaults the rejected claim for future lost earnings but awarded general and agreed special damages injuries caused or aggravated by assaults. [2015] iehc 473 former joseph treacy in €19,822.82 considering claims arising from it his loss of earn

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Courts Service · 2015-07-13 · courts

Court of Appeal dismisses challenge to Limerick drug convictions

court of appeal dismisses challenge to limerick drug convictions the rejected three grounds concerning garda phone records, jury warnings and identification evidence. concerned only; sentence was outside this judgment. [2015] ieca 150 has dismissed john mccarthy’s against for possessing diamorphine

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Courts Service · 2015-07-13 · courts

High Court refuses Nigerian couple’s challenges to asylum decisions

high court refuses nigerian couple’s challenges to asylum decisions the found no jurisdictional error warranting intervention in paired judicial review applications, while noting that any internal relocation findings was not serious enough justify relief. [2015] iehc 451 has refused two applications

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Courts Service · 2015-07-13 · courts

Three awarded costs after Vodafone and ComReg settled spectrum review case

three awarded costs after vodafone and comreg settled spectrum review case the high court ordered to pay three’s reasonable through 12 june 2015 of application. it did not decide underlying judicial review. [2015] iehc 443 court, commercial has ireland limited (hutchison) limited’s participating in

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Courts Service · 2015-07-13 · courts

High Court restrains deportation pending judicial review

high court restrains deportation pending judicial review the granted an interlocutory injunction after considering state’s delay in deciding a leave-to-remain application and its retention of applicant’s passport. it did not determine underlying review. [2015] iehc 444 has temporarily restrained ano

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Courts Service · 2015-07-13 · courts

Court of Appeal cuts sentences for two cannabis cultivation workers

court of appeal cuts sentences for two cannabis cultivation workers the substituted five-year and three-and-a-half-year sentences, finding original ten-year terms failed to account adequately appellants’ limited roles vulnerability exploitation. reduced prison phuc nguyen le hong thi nguyen, who had

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Courts Service · 2015-07-13 · courts

High Court orders removal of caveat over Donegal estate

high court orders removal of caveat over donegal estate the said challenge to a 2009 will could only be resolved in full probate action, not on motion before it. [2015] iehc 462 court, ordered blocking will, finding that dispute whether should stand decided any based capacity, knowledge or other fac

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Courts Service · 2015-07-13 · courts

Appeal court suspends an extra year of sentence for elderly appellant in historic abuse case

appeal court suspends an extra year of sentence for elderly appellant in historic abuse case the left eight-year place but increased suspended portion from two years to three, citing appellant’s age and poor health. prison imposed on j.c. after his conviction eight counts indecent assault. term plac

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Courts Service · 2015-07-10 · courts

High Court quashes Garda disciplinary board’s findings and orders fresh hearing

high court quashes garda disciplinary board’s findings and orders fresh hearing the set aside inquiry dismissal recommendation, treating commissioner’s decision as void. it declined to prohibit further proceedings remitted matter for a rehearing. [2015] iehc 442 quashed recommendation made by board

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Courts Service · 2015-07-10 · courts

High Court refuses stay on child welfare assessment order pending appeal

high court refuses stay on child welfare assessment order pending appeal the held it had jurisdiction to consider application but did not decide substantive over allegations of sexual abuse. [2015] iehc 496 refused an pause a circuit for social child, court’s earlier judgment. directed that take eff

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Courts Service · 2015-07-10 · courts

Court of Appeal dismisses challenge to 10-year sentence for Galway armed robbery

court of appeal dismisses challenge to 10-year sentence for galway armed robbery the upheld a that included 18 months suspended, finding sentencing judge was entitled set 14-year starting point offence. 252/13 has dismissed gavin carabini’s against severity his an at jeweller’s shop in november 2008

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Courts Service · 2015-07-10 · courts

Court of Appeal dismisses T.Q.’s challenge to rape and sexual assault convictions

court of appeal dismisses t.q.’s challenge to rape and sexual assault convictions the has dismissed his for 11 counts 36 against son. t.q. was convicted by a central criminal jury after an 11-day trial. complainant, who 25 time appeal, gave evidence that father subjected him violence abuse in family

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Courts Service · 2015-07-10 · courts

Court of Appeal upholds removal of disputed guarantee clause, overturns €100,000 award

court of appeal upholds removal disputed guarantee clause, overturns €100,000 award the dismissed dómhnal slattery’s over rectification a 2009 share pledge and allowed friends first’s against damages for breach confidence. [2015] ieca 149 has upheld an order removing clause from between slattery fir

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Courts Service · 2015-07-10 · courts

High Court quashes refugee appeal decision over credibility assessment

high court quashes refugee appeal decision over credibility assessment the found that tribunal gave undue weight to farm-ownership discrepancies and did not show how it assessed country information relevant applicant’s claims. [2015] iehc 447 has quashed a appeals rejecting zimbabwean woman’s claim

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Courts Service · 2015-07-09 · courts

High Court refuses leave to challenge child’s refugee appeal decision

high court refuses leave to challenge child’s refugee appeal decision the said judicial review concerned only appeals tribunal’s 2011 decision, not earlier that sent a papers-only hearing. [2015] iehc 441 refused for challenging refusal of status child born in ireland mother from democratic republic

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Courts Service · 2015-07-09 · courts

Court of Appeal dismisses James Cash’s sentence appeal

court of appeal dismisses james cash’s sentence the found no error principle in sentences imposed for endangerment, burglary and related offences, dismissed against severity. severity offences. it sentencing judge’s approach. considered whether to increase prison but decided doing so after submissio

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Courts Service · 2015-07-09 · courts

Supreme Court rules Bank of Ireland’s charges crystallised before companies’ winding up

supreme court rules bank of ireland’s charges crystallised before companies’ winding up the allowed a liquidator’s appeal, finding that notices served converted floating into fixed charges. bank’s claims therefore ranked ahead preferential debts at issue. [2011] 3 i.r. 244 (high judgments reported);

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Courts Service · 2015-07-09 · courts

High Court refuses leave to challenge refugee refusal

high court refuses leave to challenge refugee refusal the rejected applicant’s appeals tribunal decision, while finding one point about her failure seek asylum in france did not invalidate it. [2015] iehc 440 has refused a judicial review decision refusing zimbabwean woman status, no basis disturb t

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Courts Service · 2015-07-09 · courts

Court replaces jail term with community-based sentence for Donegal teacher in fatal driving case

court replaces jail term with community-based sentence for donegal teacher in fatal driving case of appeal the has replaced a 12-month prison imposed on declan o’donnell careless causing death michelle mccabe non-custodial involving 200 hours service at ballydowd. collision occurred 25 january 2013,

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Courts Service · 2015-07-09 · courts

High Court awards €171,633 after JCB pallet collision aggravated knee condition

high court awards €171,633 after jcb pallet collision aggravated knee condition the found impact could have caused injury and that crash made previously symptomless degenerative changes in plaintiff’s painful. it awarded €75,000 for past general damages, €95,000 future damages €1,633 agreed special

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Courts Service · 2015-07-09 · courts

High Court overturns legal basis used to dismiss three drink-driving cases over handcuffing

high court overturns legal basis used to dismiss three drink-driving cases over handcuffing [2015] iehc 671 the has ruled that a district judge applied law incorrectly when dismissing separate prosecutions after finding garda use of handcuffs made arrests unlawful. appeals concerned cicero pires, ja

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Courts Service · 2015-07-09 · courts

Supreme Court limits Minister’s appeal to specified legal question

supreme court limits minister’s appeal to specified legal question the ruled that an under hepatitis c compensation tribunal legislation must be confined of law in high court’s leave order. it did not decide underlying nervous shock issue. is order granting leave. said could succeed on a separate gr

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Courts Service · 2015-07-09 · courts

High Court sets aside Ombudsman finding in FBD insurance dispute

high court sets aside ombudsman finding in fbd insurance dispute the found legal errors handling of deirdre earls’ complaint over fbd’s decision to void her home policy and remitted matter for review. [2015] iehc 536 has set a financial services against earls insurance’s policy. ombudsman’s it did n

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Courts Service · 2015-07-09 · courts

Supreme Court rules Carraig Donn lease remains in force at €309,500 rent

supreme court rules carraig donn lease remains in force at €309,500 rent the found that landlord’s 2009 notice did not end lease. it reserved appeal orders and costs for further submissions. has ruled retail limited’s of a shop limerick’s crescent shopping centre an annual €309,500, after finding fr

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Courts Service · 2015-07-09 · courts

High Court refuses engineer’s bid to strike out apartment defects case over delay

high court refuses engineer’s bid to strike out apartment defects case over delay the found a five-and-a-half-year in delivering statement of claim was inordinate and inexcusable, but ruled that balance justice favoured letting continue against engineer. [2015] iehc 535 has refused an application wo

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Courts Service · 2015-07-08 · 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 granted an unopposed extension time, then refused for judicial review refugee appeals tribunal’s credibility findings. [2015] iehc 431 has a man his claim, finding that tribunal gave reasoned and rational grounds reject

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Courts Service · 2015-07-08 · courts

High Court refuses leave to challenge Nigerian asylum decision

high court refuses leave to challenge nigerian asylum decision the found refugee appeals tribunal had considered internal relocation, medical evidence and country information before affirming refusal of status. [2015] iehc 430 refused seek judicial review a that upheld recommendation against grantin

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Courts Service · 2015-07-08 · courts

Court of Appeal dismisses boy’s appeal over €50,000 clinical negligence award

court of appeal dismisses boy’s over €50,000 clinical negligence award the rejected challenges to high court’s reasons, damages assessment and handling expert cross-examination, dismissed an objection that judge should recuse herself. by a young plaintiff against general for injuries arising from bl

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Courts Service · 2015-07-08 · courts

Court of Appeal allows receiver dispute appeal, without deciding company representation issue

court of appeal allows receiver dispute appeal, without deciding company representation issue the varied a high order so martin mccaughey could raise relevant arguments and evidence in plenary proceedings, including material that benefit company. allowed mccaughey’s over whether he represent develop

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Courts Service · 2015-07-08 · courts

Appeal court orders security for costs from Flannery and Lexington

appeal court orders security for costs from flannery and lexington the of found reason to believe could not meet defendants’ if they succeeded, while upholding high court’s order against catharsis technologies on its counterclaim. [2015] ieca 147 has ordered james patrick services limited provide co

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Courts Service · 2015-07-08 · courts

Court of Appeal leaves company representation question for another case

court of appeal leaves company representation question for another case the did not decide wider legal questions about whether a must always be represented by professional lawyers, and said any issue in separate s.316 proceedings would need fresh high adjudication. declined to after parties accepted

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Courts Service · 2015-07-07 · courts

High Court refuses two challenges to refugee appeal decisions

high court refuses two challenges to refugee appeal decisions the refused a mother and daughter’s applications quash rejecting their claims, while severing tribunal’s internal-relocation reasoning in mother’s case. [2015] iehc 416 has for judicial review of affirming recommendations that they should

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Courts Service · 2015-07-07 · courts

High Court refuses challenge to refugee appeal decision

high court refuses challenge to refugee appeal decision the declined quash a tribunal recommendation that sierra leonean applicant not be declared refugee, finding gave clear reasons for its credibility assessment. [2015] iehc 415 has refused judicial review application seeking appeals minor refugee

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Courts Service · 2015-07-07 · courts

High Court upholds conviction over late change-of-address notification

high court upholds conviction over late change-of-address notification the ruled that offence could continue after seven-day period, so charge did not need to identify precise first day of failure. [2015] iehc 434 answered two questions in a case stated appeal concerning under sex offenders act 2001

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Courts Service · 2015-07-07 · courts

High Court dismisses claim over femoral nerve injury after hysterectomy

high court dismisses claim over femoral nerve injury after hysterectomy the found surgeon had not breached applicable standard of care by leaving a retractor in place during difficult operation involving significant blood loss. [2015] iehc 435 has dismissed mary mcnicholas’s medical negligence again

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Courts Service · 2015-07-07 · courts

High Court dismisses surrogacy benefit discrimination appeal

high court dismisses surrogacy benefit discrimination appeal the held that equal status acts could not be used to fill a gap in legislation on surrogacy, while finding department operate non-statutory payment schemes. [2015] iehc 419 has dismissed an by g. over refusal of maternity or adoptive after

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Courts Service · 2015-07-07 · courts

High Court orders K.W.’s return to Ireland as a voluntary patient

high court orders k.w.’s return to ireland as a voluntary patient the found k.w. had legal capacity decide about her care and treatment, said it could not detain indefinitely. set out controlled plan, but deferred formal order pending agreed arrangements. [2015] iehc 741 has directed that be returne

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Courts Service · 2015-07-07 · courts

High Court refuses challenge to deportation order revocation decision

high court refuses challenge to deportation order revocation decision the rejected an applicant’s judicial review minister’s refusal revoke his and refused a further interim injunction. [2015] iehc 417 has application for challenging minister justice equality’s against bangladeshi man. it also renew

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Courts Service · 2015-07-07 · courts

High Court refuses declarations on transfer of Mount Carmel patient records

high court refuses declarations on transfer of mount carmel patient records the declined to declare that st. james’s hospital would become sole data controller held by company in liquidation, or authorise access liquidators. [2015] iehc 450 refused make sought liquidators medical group (south dublin

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Courts Service · 2015-07-06 · courts

Court of Appeal says 24-year gap mattered in repeat-arrest ruling

court of appeal says 24-year gap mattered in repeat-arrest ruling the answered a legal question arising from a.b.’s acquittal, holding that special criminal had misinterpreted law on repeat arrests. answer did not affect acquittal. [100/15] ruled was wrong to interpret as barring arrest 2013 because

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Courts Service · 2015-07-06 · courts

Court of Appeal dismisses challenge to eight-year sentence for Mullingar sexual assault

court of appeal dismisses challenge to eight-year sentence for mullingar sexual assault the held that sentencing judge was entitled consider appellant’s later convictions and upheld its suspended portion. 253/13 has dismissed an against severity imposed on a man who pleaded guilty sexually assaultin

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Courts Service · 2015-07-06 · courts

Court of Appeal upholds P.P. conviction for rape and sexual offences against daughter

court of appeal upholds p.p. conviction for rape and sexual offences against daughter the has upheld convictions an anonymised father, p.p., other his daughter. was convicted after a five-day trial one count rape, three counts assault exploitation. were found to have occurred in apartment between oc

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Courts Service · 2015-07-06 · courts

Court of Appeal suspends final 18 months of burglary sentence

court of appeal suspends final 18 months burglary sentence the upheld a six-year but suspended its months, citing specific mitigating factors including appellant’s isolation in prison. for simple after finding that sentencing judge had not taken account particular features. ex tempore judgment was d

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Courts Service · 2015-07-06 · courts

High Court rejects challenge to asylum refusal for infant applicant

high court rejects challenge to asylum refusal for infant applicant the found no sufficiently serious legal error in commissioner’s reliance on state protection and internal relocation, while noting that parts of reasoning lacked detail. [2015] iehc 412 has rejected an applicant’s judicial review a

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Courts Service · 2015-07-03 · courts

High Court dismisses challenge to asylum appeal decision despite criticism of delay reasoning

high court dismisses challenge to asylum appeal decision despite criticism of delay reasoning the refused quash refugee appeals tribunal’s decision, finding its convention nexus conclusion had not been made out. it separately said treatment application appeared legally erroneous, but that did make u

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Courts Service · 2015-07-03 · courts

High Court refuses challenge to planning refusal for Glenasmole site

high court refuses challenge to planning refusal for glenasmole site the found an bord pleanála was entitled apply stricter housing-need test in south dublin county council’s development plan and refused judicial review application. [2015] iehc 433 has a by gillian brophy david nulty pleanála’s of p

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Courts Service · 2015-07-03 · courts

High Court rules Circuit Court lacked jurisdiction over four Monaghan properties

high court rules circuit lacked jurisdiction over four monaghan properties the combined rateable valuation exceeded limit when it made possession order, so held that order must fall. [2015] iehc 464 has ruled to of separately rated in county because their court’s €254 was made. a judgment delivered

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Courts Service · 2015-07-03 · courts

High Court awards €139,434.87 over retained swab and infection after childbirth

high court awards €139,434.87 over retained swab and infection after childbirth the hospital admitted liability for leaving a in patient failing to detect it on two examinations, as well c. difficile linked antibiotic treatment. judgment assessed damages; did not address pregnancy or birth complicat

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Courts Service · 2015-07-03 · courts

High Court upholds Boyle’s employment status claim but removes pension scheme order

high court upholds boyle’s employment status claim but removes pension scheme order the held that minister was her employer for purposes of part-time work legislation. it remitted compensation to labour reconsideration. [2015] iehc 429 upheld court’s finding anne boyle employed by education protecti

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Courts Service · 2015-07-03 · courts

High Court proposes dismissing challenge to amended deportation order over delay

high court proposes dismissing challenge to amended deportation order over delay the found judicial review was outside applicable time limit and that no adequate application extend had been made. it said proposed dismiss proceedings for respondent. [2015] iehc 421 a challenging an order, finding wer

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Courts Service · 2015-07-03 · courts

High Court refuses challenge to refugee appeal decision

high court refuses challenge to refugee appeal decision the declined quash appeals tribunal’s decision, finding that it gave reasons for its assessment of state protection and credibility. [2015] iehc 413 has refused an application a tribunal rejecting asylum appeal, had given conclusions on in judg

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Courts Service · 2015-07-02 · courts

High Court quashes refusal of priority housing transfer after finding decision irrational

high court quashes refusal of priority housing transfer after finding decision irrational the set aside south dublin county council’s 2014 to move a tenant, that it had relied almost exclusively on garda views and not addressed medical or compassionate grounds. did order grant an injunction. [2015]

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Courts Service · 2015-07-02 · courts

High Court lets prison information disclosure claim proceed after ruling

high court lets prison information disclosure claim proceed after ruling the found plaintiff was too late to challenge fairness of investigation, but said she had established a prima facie case that about incident disclosed journalist by someone employed or acting for service. [2015] iehc 411 has al

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Courts Service · 2015-07-02 · courts

High Court strikes out Vieira bank claims but lets two EPF disputes proceed

high court strikes out vieira bank claims but lets two epf disputes proceed justice costello dismissed most over alleged mis-selling of loans and derivatives, allowed european property fund’s about allegedly pressured sales delay in closing transactions to continue. [2015] iehc 425 court, commercial

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Courts Service · 2015-07-01 · courts

High Court refuses defendant’s application for further discovery in loan assignment case

high court refuses defendant’s application for further discovery in loan assignment case the said remaining dispute concerned whether purchaser was entitled to judgment, including notices were legally effective. it ordered no on motion. [2015] iehc 427 court, commercial has refused a over loans orig

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Courts Service · 2015-07-01 · courts

High Court awards €500,000 for lasting effects of childhood sexual abuse

high court awards €500,000 for lasting effects of childhood sexual abuse the assessed damages a man who said by close neighbour began when he was nine and continued at least three years. judgment records award. [2015] iehc 488 awarded in to sexually abused as child neighbour, finding that had caused

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