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Courts Service · 2015-10-29 · courts

High Court orders waste removal after finding Wicklow recycling use unauthorised

high court orders waste removal after finding wicklow recycling use unauthorised the upheld that rathnew operation involved development and said it would order equipment removed, with a timetable to be proposed by parties. [2015] iehc 667 has business near rathnew, county wicklow, make an requiring

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Courts Service · 2015-10-29 · courts

High Court refuses three challenges to Tuam and Mayo speeding convictions over disputed drivers

high court refuses three challenges to tuam and mayo speeding convictions over disputed drivers [2015] iehc 709 the has refused judicial review arising from offences recorded in tuam, castlebar kiltimagh where registered vehicle owners that they had been driving. margaret mchugh was convicted a dete

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Courts Service · 2015-10-27 · courts

High Court awards doctor €80,000 for lost clinic income after partnership dispute

high court awards doctor €80,000 for lost clinic income after partnership dispute the set his share of hse payments at 46.4% and protected interest in money still owed to dooradoyle practice. judgment’s final monetary award is not included supplied text. [2015] iehc 675 ruled that a was entitled due

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Courts Service · 2015-10-27 · courts

Employer liable after worker received electric shock from cardboard baler

employer liable after worker received electric shock from cardboard baler the high court found should have reviewed baler’s safety and considered a relatively low-cost voltage control. it awarded €40,000 in general damages €7,500 for lost earnings. [2015] iehc 750 dunnes stores part-time employee an

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Courts Service · 2015-10-27 · courts

High Court orders Rafal Damian Fiszer surrendered to Poland to serve three-year sentence

high court orders rafal damian fiszer surrendered to poland serve three-year sentence [2015] iehc 664 the has ordered be a prison imposed in august 2008 for ten offences. central issue was whether irish law prohibited surrender because had not attended every stage of his polish trial. european arres

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Courts Service · 2015-10-27 · courts

High Court refuses higher costs order in medical negligence case

high court refuses higher costs order in medical negligence case the rejected a request to tax on solicitor and client basis after defendants admitted liability at trial damages claim was settled. [2015] iehc 900 refused for action, directing instead that plaintiff’s be taxed party basis. ruling con

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Courts Service · 2015-10-27 · courts

Former liquidator held personally liable for costs after removal

former liquidator held personally liable for costs after removal the high court ordered anthony j. fitzpatrick to pay of revenue commissioners’ successful application, while staying payment until his appeal is determined. [2015] iehc 676 has application remove him from ballyrider limited’s liquidati

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Courts Service · 2015-10-27 · courts

Court of Appeal dismisses Marcus Kirwan’s appeal against murder conviction

court of appeal dismisses marcus kirwan’s against murder conviction the rejected challenges to arrest, identification and evidence admitted at trial, leaving in place. dismissed his for david byrne. unanimous jury convicted kirwan on 4 february 2013. court’s judgment, delivered by mr justice birming

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Courts Service · 2015-10-27 · courts

High Court stays Go Code’s case against Capita for arbitration

high court stays go code’s case against capita for arbitration the ordered a stay under uncitral model law, finding dispute was subject to an clause and no basis had been shown treat that as inoperative. [2015] iehc 673 court, commercial has stayed proceedings brought by code limited business servic

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Courts Service · 2015-10-23 · courts

High Court dismisses claim against Europol director and officer on immunity grounds

high court dismisses claim against europol director and officer on immunity grounds the held that two defendants were immune from suit over pleaded claims, including a concerning an officer’s testimony at criminal trial. [2015] iehc 633 dismissed civil of spanish police daniel vicente, ruling both i

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Courts Service · 2015-10-23 · courts

Appeal court suspends final year of two Cork assault sentences

appeal court suspends final year of two cork assault sentences the left both ten-year terms in place but suspended 12 months, citing importance rehabilitation for young offenders. has prison men convicted over a violent sexual near glanmire, months each sentence to give greater weight rehabilitation

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Courts Service · 2015-10-23 · courts

Appeal court sets aside 11-year sentence in serious sexual abuse case

appeal court sets aside 11-year sentence in serious sexual abuse case the of found a limited error original and said it would impose replacement after any further submissions. has set an sentence, with final two years suspended, imposed on man who pleaded guilty to offences including sexually assaul

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Courts Service · 2015-10-23 · courts

High Court defers Quinn civil trial until after Sean Fitzpatrick trial

high court defers quinn civil trial until after sean fitzpatrick the found a real risk that hearing case sooner could prejudice pending criminal trials. it deferred but had not yet fixed new date. [2015] iehc 634 court, commercial division has action brought by members of family against irish bank r

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Courts Service · 2015-10-23 · courts

Court of Appeal dismisses challenge to legal aid arrangements in European arrest warrant cases

court of appeal dismisses challenge to legal aid arrangements in european arrest warrant cases the rejected thomas o’connor’s equality claim, finding no evidence that non-statutory scheme gave people facing surrender less effective representation. [2015] ieca 227 has dismissed over for under a warra

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Courts Service · 2015-10-23 · courts

Court of Appeal finds EAW legal aid scheme breached equality guarantee

court of appeal finds eaw legal aid scheme breached equality guarantee the declared that lack a statutory entitlement for people facing surrender under european arrest warrant act 2003 article 40.1. it did not block thomas o’connor’s surrender. [2015] ieca 227 failure to provide with same rights by

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Courts Service · 2015-10-23 · courts

Court of Appeal rejects Thomas O’Connor’s legal aid challenge to European arrest warrant

court of appeal rejects thomas o’connor’s legal aid challenge to european arrest warrant the dismissed his against surrender and separate claim that 2003 act was unconstitutional, while leaving a standing issue undecided. [2015] ieca 227 appeals over related constitutional challenge, in place high c

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Courts Service · 2015-10-22 · courts

High Court orders corrected discovery affidavit in Sports Direct–Heatons dispute

high court orders corrected discovery affidavit in sports direct–heatons dispute the refused parties’ other and inspection requests, including direct’s bid to strike out defence defendants’ request for documents about a disputed deed. [2015] iehc 650 has ordered defendants direct international plc’s

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Courts Service · 2015-10-22 · courts

High Court raises compensation award to €250,000 for woman with permanent brain injury

high court raises compensation award to €250,000 for woman with permanent brain injury the allowed a.m.’s appeal over general damages arising from decompensated cirrhosis and encephalopathy, said it would discuss final form of order counsel. [2015] iehc 660 has against awarded its consequences, sett

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Courts Service · 2015-10-22 · courts

High Court grants summary judgment over €57.8m in loan debt

high court grants summary judgment over €57.8m in loan debt the rejected borrowers’ arguments that agreements were ineffective or there was an arguable defence requiring a full hearing. [2015] iehc 652 {'name': 'the court', 'country': 'ireland'} has granted favour of lsref iii achill investments lim

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Courts Service · 2015-10-22 · courts

Court of Appeal rejects challenge to five-year sentence for two robberies

court of appeal rejects challenge to five-year sentence for two robberies the found no sentencing error, holding that judge had taken appellant’s six months on remand into account when setting effective term. has dismissed michael byrne’s appeals against severity consecutive prison sentences imposed

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Courts Service · 2015-10-22 · courts

High Court dismisses Brian Flynn’s action over alleged arrest assault after prosecution delays

high court dismisses brian flynn’s action over alleged arrest assault after prosecution delays the found nearly four years of delay by flynn in a seven-year period was inordinate and inexcusable, dismissed his proceedings for want prosecution. [2015] iehc 672 has civil against state wrongs during ca

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Courts Service · 2015-10-22 · courts

High Court refuses security for costs against teacher suing Galway bar

high court refuses security for costs against teacher suing galway bar the accepted had a prima facie defence and found ordinarily resident outside ireland, but ruled that not shown substantially greater difficulty enforcing order. [2015] iehc 654 has refused an application by highcross bars limited

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Courts Service · 2015-10-22 · courts

High Court rejects Sean Carraher challenge over recordings used in harassment conviction

high court rejects sean carraher challenge over recordings used in harassment conviction [2015] iehc 835 the has rejected carraher’s attempt to overturn a arising from alleged abusive telephone calls his estranged wife. mr carraher, who represented himself judicial review proceedings, claimed prosec

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Courts Service · 2015-10-22 · courts

High Court restrains Irish Pride Bakeries from dismissing manager pending full hearing

high court restrains irish pride bakeries from dismissing manager pending full hearing the interlocutory order preserves a former sales director’s employment and salary for now, while leaving company free to terminate his contract on three months’ notice. [2015] iehc 665 has temporarily restrained t

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Courts Service · 2015-10-22 · courts

Appeal court suspends final 18 months of cocaine importation sentence

appeal court suspends final 18 months of cocaine importation sentence the resentenced a woman who pleaded guilty to importing through dublin airport, finding original sentencing approach had failed show how offence was placed on scale or mitigation weighed. 6/15 found an error in used into ireland,

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Courts Service · 2015-10-22 · courts

High Court declines most relief in Killarney jaunting-car licensing challenge

high court declines most relief in killarney jaunting-car licensing challenge the left unresolved whether licences that had lapsed reverted to kerry county council or could be reissued, and said either side may return for a ruling on issue. [2015] iehc 653 declined grant of sought by jaunting cars l

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Courts Service · 2015-10-22 · courts

Supreme Court dismisses Cagney appeal as overdraft dispute became moot

supreme court dismisses cagney appeal as overdraft dispute became moot the concerned an interim high order preserving a bank undertaking while injunction application was adjourned. said account had since been closed and challenged expired. dismissed cornelius m. cagney’s against made during his for

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Courts Service · 2015-10-22 · courts

High Court allows negligence and contract claims against solicitor to continue

high court allows negligence and contract claims against solicitor to continue the declined strike out alan donoghue’s john nash, finding they were not frivolous or vexatious. it made no decision on whether allegations would ultimately succeed. [2015] iehc 655 has allowed breach of by donoghue his f

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Courts Service · 2015-10-22 · courts

High Court bars bankrupt couple from pursuing Gorse Hill claims themselves

high court bars bankrupt couple from pursuing gorse hill claims themselves the ruled that their proposed defences and counterclaim concerned property rights vested in official assignee, while leaving open a limited right to defend personal injunctions on grounds. [2015] iehc 640 court, commercial ha

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Courts Service · 2015-10-21 · courts

High Court orders release after finding evidence of deportation intent insufficient

high court orders release after finding evidence of deportation intent insufficient the ruled on a third article 40 application that governor had not shown continuing settled intention to deport applicant sought consent reapply for asylum. it left key legal questions undecided. [2015] iehc 639 order

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Courts Service · 2015-10-21 · courts

High Court refuses leave in parents’ challenge to visa extension refusal

high court refuses leave in parents’ challenge to visa extension refusal the held that minister could require long-term residence applications be made from abroad, while extending time for judicial review application and leaving open whether a declaration should considered. [2015] iehc 638 refused q

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Courts Service · 2015-10-21 · courts

Court of Appeal upholds time bar on adoption-related claim against Daughters of Charity

court of appeal upholds time bar on adoption-related claim against daughters charity the admitted a newly found 1969 letter for but held it did not establish concealed fraud that would postpone limitation period. claims two other defendants remain in being. [2015] ieca 226 has dismissed elizabeth an

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Courts Service · 2015-10-21 · courts

Court of Appeal dismisses bank’s appeal over solicitors’ undertakings

court of appeal dismisses bank’s over solicitors’ undertakings the said it could not declare solicitors guilty misconduct for failing to honour an undertaking and declined order compliance where bank showed no actual loss. [2015] ieca 224 has dismissed acc loan management limited’s connected a secur

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Courts Service · 2015-10-21 · courts

Court of Appeal rules trailer weight need not count towards truck excise duty

court of appeal rules trailer weight need not count towards truck excise duty the answered a consultative case stated in favour haulage company, concluding that licensing was calculated on tractor unit alone under legislation before it. [2015] ieca 252 ruled unit’s did have to be by adding unladen i

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Courts Service · 2015-10-21 · courts

High Court refuses leave to challenge money-laundering interview evidence

high court refuses leave to challenge money-laundering interview evidence the held that whether memoranda should be admitted was a matter for trial judge, not judicial review. it refused apply [2015] iehc 644 derek gallagher seek review over of his garda interviews in at criminal trial. mr justice r

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Courts Service · 2015-10-20 · courts

High Court refuses Ryanair’s request for further particulars in defamation case

high court refuses ryanair’s request for further particulars in defamation case the said airline had enough information to plead its reply and defence a counterclaim, extended filing time by four weeks. [2015] iehc 874 refused ryanair limited’s application compel pilot john goss provide airline’s pr

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Courts Service · 2015-10-20 · courts

High Court halts late restriction case against Eyecom director

high court halts late restriction case against eyecom director the refused to extend time for a liquidator’s application alan browne, finding that delay weighed in his favour. it said would not have imposed order even if had reached merits. [2015] iehc 651 has declined let former technologies limite

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Courts Service · 2015-10-20 · courts

High Court orders Patrick McGinley’s surrender to Northern Ireland

high court orders patrick mcginley’s surrender to northern ireland the rejected objections under a european arrest warrant, finding sufficient link between mcginley and four offences alleged in warrant. [2015] iehc 627 ordered for prosecution after rejecting his objections. order was made on 20 octo

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Courts Service · 2015-10-20 · courts

High Court refuses bid to compel five-month sentence reduction for Portlaoise prisoner

high court refuses bid to compel five-month sentence reduction for portlaoise prisoner the found no legal basis require minister justice commute or remit michael mchugh’s account pre-trial detention. it also held that his challenge handling of a pre-release application had become moot after later de

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Courts Service · 2015-10-20 · courts

High Court refuses to halt Lithuanian man’s removal, directs State to seek appeal court clarity

high court refuses to halt lithuanian man’s removal, directs state seek appeal clarity the found minister’s review of changed circumstances inadequate, but refused an injunction and said removal could proceed while sought clarification about post-release supervision. [2015] iehc 657 restrain a natio

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Courts Service · 2015-10-20 · courts

High Court dismisses challenge to 1824 public exposure offence

high court dismisses challenge to 1824 public exposure offence the ruled that has a sufficiently definite meaning and rejected applicant’s claim its wording was unconstitutional. it did not determine whether he committed alleged offence. [2015] iehc 642 dismissed judicial review constitutionality of

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Courts Service · 2015-10-20 · courts

High Court refuses to strike out property company’s €9.7m claim

high court refuses to strike out property company’s €9.7m claim the said disputed evidence about who made a loan yolanda limited should be tested at trial. it did not decide underlying claim. [2015] iehc 674 court, commercial has refused limited’s application proceedings brought by d&l properties li

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Courts Service · 2015-10-20 · courts

High Court declines wasted costs order after flawed Article 40 applications by solicitors

high court declines wasted costs order after flawed article 40 applications by solicitors [2015] iehc 854 the has declined to impose on who brought for two chinese prisoners without first investigating key facts surrounding their sentences and proposed release arrangements. zhong he xue hong had eac

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Courts Service · 2015-10-20 · courts

Court reduces Tallaght attempted murder sentence after finding mitigation was not fully considered

court reduces tallaght attempted murder sentence after finding mitigation was not fully considered of appeal the has reduced effective prison imposed on lounes ouachek for his wife at their former home in tallaght. pleaded guilty to repeatedly striking ruta head with a kettlebell 2 st dominic’s terr

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Courts Service · 2015-10-20 · courts

Supreme Court dismisses Vieira’s appeal over €3.08m VAT assessments

supreme court dismisses vieira’s appeal over €3.08m vat assessments the found revenue had a sustainable basis to believe was due under halifax principles and upheld two assessments. it did not decide whether ultimately payable. has dismissed an by vieira limited against for additional totalling €3,0

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Courts Service · 2015-10-20 · courts

High Court quashes removal decision after finding review process fundamentally flawed

high court quashes removal decision after finding review process fundamentally flawed the found a reasonable apprehension of bias because two officials who recommended d.s.’s also contributed recommendations during internal review. it did not find subjective or legal error in minister’s public-polic

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Courts Service · 2015-10-20 · courts

High Court orders surrender over Northern Ireland charges of hijacking, criminal damage and assault

high court orders surrender over northern ireland charges of hijacking, criminal damage and assault the rejected respondent’s objections to a european arrest warrant, finding that warrant sufficiently linked him alleged offences his other were unsupported. [2105] iehc 628 (as printed in source; appa

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Courts Service · 2015-10-20 · courts

High Court dismisses Butler brothers’ claim against solicitors over Clonmel development

high court dismisses butler brothers’ claim against solicitors over clonmel development the ruled after plaintiffs completed their evidence that they had not made out a case defendant to answer. judge dismissed claim. [2015] iehc 656 has michael and william butler’s nelson & co legal work connected

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Courts Service · 2015-10-19 · courts

Court upholds conviction over threat to kill in Buncrana dispute

court upholds conviction over threat to kill in buncrana dispute of appeal the has upheld ciaran waldron’s for threatening anthony mccolgan during an incident at ludden, buncrana. waldron was unanimously convicted by a jury letterkenny circuit on 23 june 2010 and fined €1,000. charge arose from even

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Courts Service · 2015-10-19 · courts

Court of Appeal dismisses drug dealing defamation claim, orders retrial on loan sharking allegation

court of appeal dismisses drug dealing defamation claim, orders retrial on loan sharking allegation the set aside jury’s verdict and €900,000 award after finding proved. it directed a new trial separate allegation. [2015] ieca 225 allowed sunday newspapers limited’s against entirety jury that martin

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Courts Service · 2015-10-19 · courts

Court of Appeal dismisses Waliszewski appeal after finding it was discontinued

court of appeal dismisses waliszewski after finding it was discontinued the held that a signed notice and an exchange solicitor correspondence ended appeal. did not reconsider underlying personal injury claim. dismissed lucas waliszewski’s he had agreed to discontinue in for defendant pursuing costs

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Courts Service · 2015-10-19 · courts

High Court rejects contempt prisoner’s challenge to exclusion from remission

high court rejects contempt prisoner’s challenge to exclusion from remission the refused judicial review by a man serving fixed 100-day term for civil contempt, holding that prison rules excluded him ordinary remission. [2015] iehc 636 has application paul o’shea, who challenged refusal grant while

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Courts Service · 2015-10-19 · courts

High Court allows quarry sampling in construction company’s deceit case

high court allows quarry sampling in construction company’s deceit case the said james elliott could take six borehole cores and one bulk sample at bay lane, but adjourned motion so parties settle inspection protocol safeguards. [2015] iehc 631 court, commercial has ruled that limited may inspect ir

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Courts Service · 2015-10-19 · courts

Court of Appeal dismisses challenge to five-year sentence for violent taxi robbery

court of appeal dismisses challenge to five-year sentence for violent taxi robbery the said was appropriate despite co-accused receiving four years, citing appellant’s record, offences committed on bail and co-accused’s guilty plea. has dismissed aaron mccarthy’s against sentences imposed a involvin

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Courts Service · 2015-10-19 · courts

Court cuts child sex abuse sentence by three years and restructures terms to run concurrently

court cuts child sex abuse sentence by three years and restructures terms to run concurrently of appeal the has reduced overall imposed on p.p. for five sexual offences committed against his seven-and-a-half-year-old daughter during access visits. took place over four visits a 12-month period betwee

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Courts Service · 2015-10-19 · courts

Court of Appeal upholds no-costs order in Martin Parker Castlebar drink-driving case stated

court of appeal upholds no-costs order in martin parker castlebar drink-driving case stated the has upheld a decision that should not receive his high costs after two legal arguments arising from prosecution were rejected. underlying took place district april 2012. was charged over an allegation dri

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Courts Service · 2015-10-19 · courts

Court of Appeal quashes convictions over tax returns after finding two appeal grounds succeeded

court of appeal quashes convictions over tax returns after finding two grounds succeeded the ruled that defence had been denied information about basis for assessments and evidence did not establish legal extending appellant’s detention. it quashed convictions; judgment dealt only with conviction ap

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Courts Service · 2015-10-16 · courts

High Court quashes refusal of infant’s asylum appeal and orders a fresh hearing

high court quashes refusal of infant’s asylum appeal and orders a fresh hearing the found shortcomings in tribunal’s explanation its decision, assessment state protection evidence consideration family’s circumstances proposed relocation. [2015] iehc 699 has quashed refugee appeals tribunal decision

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Courts Service · 2015-10-16 · courts

High Court grants banks €7.2m summary judgment against businessman

high court grants banks €7.2m summary judgment against businessman the rejected three proposed defences to a claim over four loans, finding no bona fide defence was shown on evidence presented. [2015] iehc 632 has granted allied irish plc and aib mortgage bank for €7.2 million peter flanagan loan ag

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Courts Service · 2015-10-16 · courts

High Court awards costs after adoption registration dispute

high court awards costs after adoption registration dispute the ordered authority to pay applicants’ costs, saying they had seek a solution could not resolve problem. [2015] iehc 637 údarás uchtála na héireann of two applicants who sought have child registered in ireland’s register inter-country ado

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Courts Service · 2015-10-16 · courts

High Court orders quarry operations to cease, but reinstatement claim is time barred

high court orders quarry operations to cease, but reinstatement claim is time barred the found quarry’s ongoing operation unauthorised and decided order it stopped. form of any wind down were left for further argument. [2016] iehc 9 ruled that at shillelagh quarries in aughafarrell, co dublin, said

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Courts Service · 2015-10-16 · courts

Supreme Court dismisses Derrybrien deforestation appeal after wind farm began operating

supreme court dismisses derrybrien deforestation appeal after wind farm began operating the declined to order a halt tree removal or restoration of site, exercising its discretion under planning law considering delay, farm’s operation and other circumstances. ireland dismissed an by development soci

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Courts Service · 2015-10-16 · courts

High Court refuses bid to halt Deputy Garda Commissioner recruitment

high court refuses bid to halt deputy garda commissioner recruitment an unsuccessful candidate failed establish a fair issue be tried at the interlocutory stage. refused injunction, leaving underlying proceedings unresolved. [2015] iehc 663 has application by process for two commissioners of síochán

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Courts Service · 2015-10-16 · courts

Court of Appeal quashes Garda sergeant’s proposed dismissal decision

court of appeal quashes garda sergeant’s proposed dismissal decision the held that commissioner treated conviction as full account material facts and failed to consider other relevant circumstances. it left open further lawful action under disciplinary regulations. [2015] ieca 217 appeal; waterford

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Courts Service · 2015-10-15 · courts

Court of Appeal dismisses challenge to 10-year attempted robbery sentence

court of appeal dismisses challenge to 10-year attempted robbery sentence the found no error principle in sentence, which suspended its final two years subject conditions. 179/14 has dismissed stephen freeman’s against severity a for robbery, finding was not excessive and that sentencing judge made

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Courts Service · 2015-10-15 · courts

District Court says mother may consult criminal solicitor about child care case evidence

district court says mother may consult criminal solicitor about child care case evidence the held that limited confidential discussion fell within mother’s private sphere under in camera rule. it made no order on her application and stressed she remained barred from other disclosure. [2015] iedc 09

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Courts Service · 2015-10-15 · courts

Court upholds 30-month sentence for unprovoked Dame Street nightclub assault

court upholds 30-month sentence for unprovoked dame street nightclub assault of appeal the has upheld a two-and-a-half-year prison imposed on daniel rains an attack which left 21-year-old man with fractured cheekbone and permanent facial scarring after night out in dublin. pleaded guilty to causing

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Courts Service · 2015-10-15 · courts

Court of Appeal suspends final two years of drug sentence

court of appeal suspends final two years drug sentence the replaced a nine-and-a-half-year with same term, suspending its after finding that sentencing judge had not adequately accounted for appellant’s rehabilitation. allowed christopher seery’s against his possessing controlled drugs unlawful sale

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Courts Service · 2015-10-14 · courts

High Court admits copy of missing will to probate

high court admits copy of missing will to probate the found that circumstantial evidence rebutted presumption mary mcdermott had destroyed her intending revoke it. [2015] iehc 622 has admitted a mcdermott’s 1988 probate, finding she original ms justice baker made order in proceedings brought by derm

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Courts Service · 2015-10-14 · courts

High Court sets aside order allowing Ryanair defamation case to proceed against pilot in Australia

high court sets aside order allowing ryanair defamation case to proceed against pilot in australia the found ireland had only a tenuous connection claim and set authorising service of proceedings outside jurisdiction. judgment does not record decision on underlying allegations or costs. [2015] iehc

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Courts Service · 2015-10-14 · courts

High Court refuses probate of copy will in Cork estate dispute

high court refuses probate of copy will in cork estate dispute the found evidence did not rebut presumption that carmel curtin destroyed her 1998 with intention revoking it. [2015] iehc 623 has refused an application to admit a curtin’s probate, finding pointed having original while she had capacity

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Courts Service · 2015-10-13 · courts

Appeal court replaces sentences with five-year term, suspending final year

appeal court replaces sentences with five-year term, suspending final year the of found an error in how original were structured and resentenced appellant. it left post-release supervision order place. quashed imposed on w. s. for six child-defilement offences one sexual-assault offence, then a net

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Courts Service · 2015-10-13 · courts

High Court quashes asylum appeal decision over missing hearing evidence and unaddressed country reports

high court quashes asylum appeal decision over missing hearing evidence and unaddressed country reports the set aside a refugee appeals tribunal directed fresh determination by different member, citing gaps in record failures to address information medical evidence. [2015] iehc 659 quashed that uphe

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Courts Service · 2015-10-13 · courts

High Court allows cross-examination of Luas tender evaluator on working notes

high court allows cross-examination of luas tender evaluator on working notes the ruling permits questions about one evaluator’s methodology in a challenge to cross city process. it does not decide whether procurement evaluation was unlawful. [2015] iehc 723 has allowed joint venture challenging awa

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Courts Service · 2015-10-13 · courts

High Court dismisses claim over fall at Skerries nightclub

high court dismisses claim over fall at skerries nightclub the accepted toilet attendant’s account that plaintiff fell while attempting a jump kick during horseplay, and found no negligence by operator. [2015] iehc 648 dismissed against highview inns limited man’s in skerries, finding horseplay caus

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Courts Service · 2015-10-13 · courts

High Court refuses leave in challenge to refugee appeal decision

high court refuses leave in challenge to refugee appeal decision the dismissed a pakistani woman’s judicial review appeals tribunal’s decision, while finding that tribunal had made no real attempt address internal relocation. [2015] iehc 625 refused and claim challenging affirm recommendation she no

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Courts Service · 2015-10-13 · courts

Court of Appeal dismisses challenge to four-year sentence for armed shop robbery

court of appeal dismisses challenge to four-year sentence for armed shop robbery paul cummins appealed the severity his sentence, arguing trial judge had not adequately accounted rehabilitation. dismissed appeal. has cummins’s against a prison robbing €350 from dublin centra while with knife. pleade

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Courts Service · 2015-10-13 · courts

High Court refuses leave to challenge subsidiary protection decision

high court refuses leave to challenge subsidiary protection decision the accepted that first-instance decision-maker made an error of law by not addressing a late claim about indiscriminate violence in nigeria, but refused judicial review, finding interests justice did warrant intervention and refug

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Courts Service · 2015-10-13 · courts

High Court refuses challenge to rejection of Cameroonian man’s refugee appeal

high court refuses challenge to rejection of cameroonian man’s refugee appeal the found appeals tribunal’s reasoning on credibility, relocation and convention grounds was clear lawful, refused leave certiorari. [2015] iehc 626 has a application for judicial review decision affirming refusal his asyl

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Courts Service · 2015-10-13 · courts

High Court refuses leave in Cameroonian asylum judicial review

high court refuses leave in cameroonian asylum judicial review the held that refugee appeals tribunal had applied relevant credibility principles and dismissed claim at a telescoped hearing. [2015] iehc 624 refused an applicant’s request for to bring claim, upholding tribunal’s decision affirm recom

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Courts Service · 2015-10-12 · courts

High Court awards costs to respondents after failed wind farm challenge, but applicant wins appeal-certificate costs

high court awards costs to respondents after failed wind farm challenge, but applicant wins appeal-certificate the refused unsuccessful applicant’s request for on judicial review leave application, while awarding him separate application that secured a certificate appeal one point of law. all were s

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Courts Service · 2015-10-12 · courts

High Court grants leave to challenge decision classifying Garda injury as minor

high court grants leave to challenge decision classifying garda injury as minor the ex parte ruling allowed a judicial review application proceed, raising concerns about delay in deciding compensation request. it did not determine challenge. [2015] iehc 614 granted burke seek of minister for justice

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Courts Service · 2015-10-10 · courts

High Court refuses to strike out farmers’ claim over unpaid land sale proceeds

high court refuses to strike out farmers’ claim over unpaid land sale proceeds the rejected bank of ireland’s bid end dispute before trial, while declining grant plaintiffs judgment in default defence. it sent case a plenary hearing. [2015] iehc 710 has refused by two farmers who say they are owed b

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Courts Service · 2015-10-09 · courts

High Court says peat extraction effects must be assessed before Edenderry plant permission

high court says peat extraction effects must be assessed before edenderry plant permission the granted an taisce a declaration that bord pleanála consider environmental of when deciding whether to grant for power plant’s continued operation. it refused friends irish environment’s separate habitats d

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Courts Service · 2015-10-09 · courts

High Court rejects Jackson Way’s bid for €7m interim payment over M50 land

high court rejects jackson way’s bid for €7m interim payment over m50 land the company sought part of an arbitration award while a dispute restrictive covenant remained unresolved. dismissed its application mandatory injunction. [2015] iehc 619 has way properties limited’s to compel dún laoghaire/ra

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Courts Service · 2015-10-09 · courts

High Court refuses to stop third prosecution in historic sexual-offence case

high court refuses to stop third prosecution in historic sexual-offence case the rejected an application prohibit a trial scheduled for november 2015, while stressing that judge must address substantial delay and protect accused’s fair-trial rights. [2015] iehc 616 has refused further of man accused

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Courts Service · 2015-10-09 · courts

High Court orders release of minor over flaw in prison warrant

high court orders release of minor over flaw in prison warrant the held that failed to record director public prosecutions’ decision proceed with a summary trial, it found necessary district court’s jurisdiction. [2015] iehc 615 ordered applicant from wheatfield after finding for his detention did n

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Courts Service · 2015-10-09 · courts

High Court dismisses HSE appeal over consultant’s indefinite-duration contract

high court dismisses hse appeal over consultant’s indefinite-duration contract the left in place labour court’s decision to treat mary doherty’s as one of indefinite duration and order her reinstatement, finding no basis interfere with its factual conclusions. [2015] iehc 611 has dismissed a health

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Courts Service · 2015-10-09 · courts

Dunnes Stores liable for Portlaoise worker’s stockroom injury, High Court rules

dunnes stores liable for portlaoise worker’s stockroom injury, high court rules the found employer chiefly responsible a 2010 accident but attributed 30% of blame to worker. damages were be apportioned, with precise net award not stated in judgment. [2015] iehc 613 injuries at its supermarket, while

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Courts Service · 2015-10-09 · courts

High Court refuses Cork man’s surrender to Poland over risk from serious blood disorder

high court refuses cork man’s surrender to poland over risk from serious blood disorder [2015] iehc 849 the has refused a county man after finding real that deficiencies in his medical treatment there could have life-threatening consequences. tomasz leszek nowakowski was sought under european arrest

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Courts Service · 2015-10-09 · courts

High Court quashes interim maintenance for two sons, leaves wife’s order in place

high court quashes interim maintenance for two sons, leaves wife’s order in place the found there was insufficient evidence that either son qualified as a dependent child. it declined to quash wife, despite procedural error at district hearing. [2015] iehc 617 quashed child part of an made by cork c

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Courts Service · 2015-10-08 · courts

Supreme Court upholds dismissal of Greystones cottage dispute

supreme court upholds dismissal of greystones cottage dispute the dismissed eileen gunning’s appeal, finding she had not shown that high hearing was unfair or produced evidence to reopen earlier final decisions about possession chrysanthemum cottage. has appeal against her proceedings over in greyst

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Courts Service · 2015-10-08 · courts

Court upholds three-year sentence for Clondalkin attack that left man missing part of his ear

court upholds three-year sentence for clondalkin attack that left man missing part of his ear appeal the has upheld a prison imposed on darren byrne an unprovoked assault in pub which another permanently disfigured after substantial portion was bitten off. pleaded guilty to causing harm and sentence

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Courts Service · 2015-10-07 · courts

High Court dismisses An Taisce challenge to N86 road approval as out of time

high court dismisses an taisce challenge to n86 road approval as out of time the held that case was a late collateral 2011 board direction requiring environmental impact statement for 28km scheme. it did not decide whether works involved unlawful project splitting. [2015] iehc 604 dismissed taisce’s

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Courts Service · 2015-10-07 · courts

Court of Appeal lets solicitor negligence claim continue on personal losses

court of appeal lets solicitor negligence claim continue on personal losses the struck out claims concerning to two companies but allowed plaintiff a further chance amend his pleadings. it did not decide whether solicitors were negligent or liable. [2015] ieca 215 has daniel mcateer opportunity agai

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Courts Service · 2015-10-07 · courts

High Court refuses challenge to Nigerian asylum credibility decision

high court refuses challenge to nigerian asylum credibility decision the found no jurisdictional error in refugee applications commissioner’s and refused all relief. applicant’s appeal appeals tribunal had already been filed. [2015] iehc 646 has an a recommending that he not receive status, finding

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Courts Service · 2015-10-06 · courts

High Court orders four adult children to answer questions about disputed bankruptcy assets

high court orders four adult children to answer questions about disputed bankruptcy assets the ordered examinations under oath and production of documents concerning chattels from gorse hill, while refusing family’s applications for discovery other relief. [2015] iehc 595 has bankrupts brian o’donne

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Courts Service · 2015-10-06 · courts

High Court rejects challenge to Cork Dockyard planning permission

high court rejects challenge to cork dockyard planning permission the held that an bord pleanála carried out required environmental assessment and gave adequate reasons for approving development. it found a parking condition invalid but severable from permission. [2015] iehc 606 has dismissed judici

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Courts Service · 2015-10-06 · courts

High Court clears way for Lithuanian surrender after rejecting prison and family-life objections

high court clears way for lithuanian surrender after rejecting prison and family-life objections the found no established real risk of inhuman or degrading treatment at siauliai remand disproportionate interference with respondent’s family life. it said could make a order under section 16. [2015] ie

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Courts Service · 2015-10-06 · courts

High Court rejects bid to dismiss bankruptcy summonses over €75,567 costs debt

high court rejects bid to dismiss bankruptcy summonses over €75,567 costs debt the found no real and substantial issue for trial in o’beirnes’ challenge brought by des hennessy building contractors limited. [2015] iehc 596 rejected michael o’beirne anne o’beirne’s applications seeking payment of €75

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Courts Service · 2015-10-06 · courts

High Court orders E.P.’s surrender to Poland on five alleged offences

high court orders e.p.’s surrender to poland on five alleged offences the rejected objections under ireland’s european arrest warrant act, including challenges about prosecution status, access evidence and family rights. [2015] iehc 662 has ordered of e.p. a seeking him for offences: four drug one a

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Courts Service · 2015-10-06 · courts

Court of Appeal dismisses Anthony O’Reilly’s challenge to AIB disclosure order

court of appeal dismisses anthony o’reilly’s challenge to aib disclosure order the upheld an requiring o’reilly provide sworn information about assets and transfers assist a proposed examination over unpaid judgment debt. dismissed dr. against him disclose his means satisfying in favour allied irish

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Courts Service · 2015-10-06 · courts

Court of Appeal sets aside compulsory mediation order in personal injury case

court of appeal sets aside compulsory mediation order in personal injury case the ruled that a conference could be ordered without both parties’ consent, but found statutory test was not met this case. set high requiring keith ryan and walls construction limited to attend action. it held compel part

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Courts Service · 2015-10-06 · courts

High Court orders two former directors to pay €2.94m over invoice finance breaches

high court orders two former directors to pay €2.94m over invoice finance breaches the found that breached personal undertakings after their company diverted customer payments and used credit notes redirect trading through an associated business. it also awarded lender €100,000 under a joint guarant

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Courts Service · 2015-10-06 · courts

High Court sends teacher’s fixed-term employment appeal back to Labour Court

high court sends teacher’s fixed-term employment appeal back to labour the found had applied wrong approach statutory inferences about missing written reasons, and ordered it reconsider case afresh. [2015] iehc 605 has set aside a determination in dispute involving teacher at st. joseph’s school for

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Courts Service · 2015-10-05 · courts

Irish Court of Appeal dismisses Bushell’s appeal over German jurisdiction clause

irish court of appeal dismisses bushell’s over german jurisdiction clause the held that a covering all disputes arising from companies’ business relations applied to bushell interiors’ distributorship claim. it upheld high court’s decision courts lacked jurisdiction. [2015] ieca 1199 has dismissed a

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Courts Service · 2015-10-05 · courts

High Court rules Madoff-related claims assignment to SPV was champertous

high court rules madoff-related claims assignment to spv was champertous the declared of third-party against two hsbc companies void under irish public policy and dismissed osus limited’s proceedings them. [2015] iehc 602 has ruled that an companies, made as part a scheme sell shares in special purp

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Courts Service · 2015-10-05 · courts

Court record identifies UCC v NUI case, but provides no judgment text

court record identifies ucc v nui case, but provides no judgment text the supplied one-page source contains only a document title and citation; it does not disclose dispute, court’s reasoning or its orders. [2015] iehc 598 contain of judgment. sole substantive entry is “[2015] 2012 123p.pdf”. that i

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Courts Service · 2015-10-05 · courts

High Court awards €30.18m judgment after upholding loan transfer

high court awards €30.18m judgment after upholding loan transfer the held that lsref iii stone investments limited validly received and related rights, awarded against john morrissey. a separate constitutional challenge remains in other proceedings. [2015] iehc 603 court, commercial for €30,180,489

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Courts Service · 2015-10-01 · courts

High Court rejects challenge to Bunkimalta wind farm permission

high court rejects challenge to bunkimalta wind farm permission the found that two applicants had not shown sufficient interest planning decision and concluded an appropriate assessment taken place. [2015] iehc 593 court, commercial rejected a judicial review by edel grace peter sweetman for 16-turb

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Courts Service · 2015-10-01 · courts

Seven men jailed for aggravated burglary at family home in Tipperary

seven men jailed for aggravated burglary at family home in tipperary a circuit court judge imposed sentences ranging from 12 to 20 years, with parts suspended, planned armed raid that left five members of the corcoran traumatised. [2015] iecc 2 court, south eastern circuit, clonmel have been sentenc

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Courts Service · 2015-10-01 · courts

High Court restrains Petroceltic shareholder meeting over proposed bond resolutions

high court restrains petroceltic shareholder meeting over proposed bond resolutions the granted an interlocutory injunction preventing a 5 october 2015 egm, finding company had strong case that could impede powers delegated to its board. [2015] iehc 612 international plc restraining called for consi

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