Courts Service · 2015-11-30 · courts
supreme court upholds remittal of hotel management fee dispute to arbitrator the upheld a finding arbitral misconduct after failed consider documents central fayleigh’s defence, but left award in place and sent matter back for further consideration. ireland dismissed fayleigh limited’s appeal high c
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Courts Service · 2015-11-30 · courts
court of appeal lets feed contamination claim proceed despite inexcusable delay the found that plaintiff had delayed in prosecuting its case, but concluded defendant’s later conduct and lack proven delay-related prejudice tipped balance against dismissal. has dismissed an by torc grain limited seeki
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Courts Service · 2015-11-30 · courts
high court refuses leave over rejected bankruptcy-summons filing the held that form 6 alone was insufficient, and a later ruling meant rejection caused no great injustice to applicant. [2015] iehc 876 refused john gaynor bring judicial review challenge courts service’s refusal accept his attempt app
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Courts Service · 2015-11-30 · courts
court of appeal dismisses kelly’s over discontinued foi reviews the held that statutory route did not cover information commissioner’s decision to discontinue before they reached a conclusion; judicial review remained available challenge decision. has dismissed dr patrick discontinuation seven freed
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Courts Service · 2015-11-30 · courts
court of appeal affirms gary campion’s murder conviction the rejected all grounds appeal, including challenges to admission a witness’s earlier statements, and affirmed jury’s conviction. no. 209/09 has for frank ryan, rejecting appeal. held that was properly left jury its conclusion open it. centra
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Courts Service · 2015-11-30 · courts
high court finds fás liable over lease assurances for training centre premises the found that negligently misled pension scheme trustees into buying and refurbishing a dublin industrial unit, set out damages award while excluding interest period of delay. [2015] iehc 777 negligent misstatement after
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Courts Service · 2015-11-27 · courts
high court rejects heffernan counterclaim over €100,000 planning loan the found lender was entitled to require changes wayleave agreements before releasing money, and declined allow surcharge interest on outstanding loan. [2015] iehc 797 has dismissed a by thomas mary against acc management limited
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Courts Service · 2015-11-27 · courts
high court rejects appeal over trinity pension decision the upheld pensions ombudsman’s determination that ministers could not refuse benefits agreed for michael gleeson under a 2005 employment arrangement. [2015] iehc 792 has rejected an by three government bodies against ombudsman restoring gleeso
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Courts Service · 2015-11-27 · courts
high court refuses challenge to robbery conviction the rejected a judicial review application over district conviction, finding complaints about trial judge’s handling of submissions did not justify quashing it. [2015] iehc 746 has refused an quash man’s concluding that was misconceived and relief.
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Courts Service · 2015-11-27 · courts
high court dismisses morrissey’s remaining challenge to ibrc transfer law the ruled that john morrissey had no standing pursue declarations about section 12 after his loan and related debt judgment been upheld on other legal grounds. [2015] iehc 740 has dismissed proceedings against state over of ir
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Courts Service · 2015-11-27 · courts
high court dismisses challenge to refugee appeal decision despite finding procedural and factual errors the found that tribunal should have raised its concern about a death certificate with applicant, but concluded flaw was minor remaining credibility findings sustained decision. [2015] iehc 759 has
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Courts Service · 2015-11-27 · courts
high court refuses leave to challenge refusal of 40-home cork development the found no substantial grounds review an bord pleanála’s decision, which cited site’s isolation, road safety, scale, design and boundary treatment. [2015] iehc 757 has refused o’mahony developments limited seek judicial plan
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Courts Service · 2015-11-27 · courts
high court declines to release prisoner after article 40 inquiry into bail hearing and warrants the identified concerns about ruling errors in remand warrants, but found they did not make applicant’s current detention unlawful. it declined order his release. [2015] iehc 768 has a man from custody an
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Courts Service · 2015-11-27 · courts
high court refers former solicitor’s costs to taxation, leaving liability open the directed taxation of claimed by paul lambert, but said order would not determine whether plaintiff or his parents must pay them. [2015] iehc 755 has that solicitor lambert’s in a defamation case be referred for while
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Courts Service · 2015-11-27 · courts
high court sends nigerian woman’s refugee appeal back for reconsideration the quashed appeals tribunal decision after finding it had not addressed complaints about original interview or given adequate reasons on claims of sexual assault. [2015] iehc 748 has a rejecting claim and sent her by differen
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Courts Service · 2015-11-27 · courts
high court dismisses nurse’s challenge to temporary hse reassignment the found was lawful in circumstances and refused declaration sought by a galway roscommon mental health services nursing director. [2015] iehc 841 dismissed helen earley’s her service executive (hse), refusing declare decision unl
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Courts Service · 2015-11-27 · courts
high court quashes 60-day committal order in maintenance contempt case the said district blurred line between coercive and punitive sent matter back for reconsideration. it did not decide underlying dispute. [2015] iehc 745 has quashed a committing debtor to prison 60 days, finding that distinction
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Courts Service · 2015-11-27 · courts
high court refuses leave to challenge prosecution over missing pub cctv the said applicant had not shown how unpreserved footage would support his defence and that trial fairness was for assess. [2015] iehc 758 dismissed darren nulty’s application seek judicial review aimed at stopping burglary thef
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Courts Service · 2015-11-26 · courts
high court refuses leave to challenge refusal of pakistani family’s asylum claims the found refugee appeals tribunal’s credibility assessment legally sound and dismissed judicial review application. [2015] iehc 744 refused a family seek certiorari quashing decision affirm their applications. applica
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Courts Service · 2015-11-26 · courts
supreme court judge rejects fair-trial objection to jason buckley’s surrender uk a has rejected challenge his the united kingdom face prosecution for alleged conspiracy cause explosions. warrant alleges that between june and august 2012 buckley conspired with five named men others explosions likely
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Courts Service · 2015-11-26 · courts
supreme court dismisses appeal over refusal of leave to challenge aircraft accident investigation the held that fatal workplace during de-icing did not meet threshold for an aviation and neither body had a mandatory duty investigate it. has dismissed kevin carroll’s against high let him bring judici
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Courts Service · 2015-11-26 · courts
high court affirms possession order after galway property valuation appeal the rejected shane hanley’s challenges to bank’s claim, while ruling that documents relied on by bank were not admissible evidence. [2015] iehc 738 has affirmed a circuit granting of ireland mortgage owned hanley and alan gib
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Courts Service · 2015-11-26 · courts
supreme court dismisses husband’s appeal and restricts further family law proceedings the dismissed an concerning high orders on a long-running dispute stayed future involving former wife or couple’s children unless judge grants limited relief. against that remitted his to circuit discharged earlier
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Courts Service · 2015-11-26 · courts
bookfinders placed under examinership despite disclosure breaches the high court found company’s directors failed to disclose material information, but refused dismiss petition and appointed an examiner after finding a reasonable prospect of survival. [2015] iehc 769 limited its protection michael m
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Courts Service · 2015-11-26 · courts
high court quashes refugee appeal decision over credibility assessment the ordered a fresh determination by another appeals tribunal member after finding errors in treatment of health evidence, t-shirts and applicant’s account reporting fire damage to police. [2015] iehc 743 quashed rejecting camero
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Courts Service · 2015-11-26 · courts
high court refuses leave to challenge refugee decision in trafficking case the said asylum applicant had not shown that complaints about could be addressed on appeal appeals tribunal. [2015] iehc 742 refused apply for judicial review and dismissed an application certiorari challenging a recommendati
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Courts Service · 2015-11-25 · courts
high court refuses to remove judgment mortgage from foxrock home the held that money lodged as security did not discharge debt or replace mortgage, and found no general power cancel it on grounds advanced. [2015] iehc 734 has refused a defendant’s application his interest in property, ruling registe
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Courts Service · 2015-11-25 · courts
high court awards €10.03m for future care and expenses after catastrophic surgical injuries the assessed outstanding special damages eoin o’mahony, awarding €10,027,596 plus costs. it refused interest approved two senior counsel plaintiff, subject to a caveat taxation. [2015] iehc 752 awarded o’maho
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Courts Service · 2015-11-25 · courts
high court refuses follow-up declaration and makes no order on costs after refusing certiorari in an earlier judgment, the declined to issue a further dismissed application for leave respect of all reliefs sought. it made as costs. [2015] iehc 747 has refused request by qingzhou li huimin wang clari
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Courts Service · 2015-11-24 · courts
high court refuses guinness bid to strike out pension proceedings the allowed a retired employee’s claim continue, finding his delay was neither inordinate nor inexcusable and that had not shown real prejudice. [2015] iehc 732 has refused udv ireland’s application dismiss brought by employee owen tr
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Courts Service · 2015-11-24 · courts
high court refuses judicial review challenge to refugee decisions involving mother and children the found no substantial grounds quash tribunal’s decision, including its treatment of mother’s mental health claim her children’s derivative claims. [2015] iehc 779 refused relief in a appeals tribunal d
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Courts Service · 2015-11-23 · courts
high court refuses last-minute bid to stop trim sexual assault trial over missing forensic results [2015] iehc 749 the has refused an application a in circuit apparent loss or non-disclosure of test results. accused, identified only as m.a., sought judicial review on 23 november 2015, day before his
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Courts Service · 2015-11-20 · courts
high court refuses challenge to papers-only asylum appeal for nigerian-born child the held that refugee applications commissioner could rely on family’s earlier material when applying a no-basis finding child’s claim. [2015] iehc 739 has refused application quash decision restricted his hearing, cla
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Courts Service · 2015-11-20 · courts
court of appeal dismisses challenge to cullenagh wind farm permission the found that board’s assessment and sediment controls met required standard for protecting river nore sac, dismissed appeal. has an by environmental group people over against bord pleanála’s coillte’s proposed 18-turbine at cull
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Courts Service · 2015-11-20 · courts
high court rejects husband’s challenge to taxation of wife’s legal costs the found no error or injustice in taxing master’s allowance €205,500 and dismissed review application. [2015] iehc 727 has a application his costs, finding that he had not shown an by master any resulting injustice. concerned
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Courts Service · 2015-11-20 · courts
high court releases fingal county council from injury claim as time-barred the ruled that plaintiff’s date of knowledge began no later than receipt a garda report, leaving proceedings to continue against first defendant only. [2015] iehc 729 has personal was brought outside statutory time limit and
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Courts Service · 2015-11-20 · courts
high court rejects debtor’s challenge to bankruptcy petition, adjourns for statement of affairs the refused extra time a summons and rejected arguments against but adjourned petition further information about alternatives bankruptcy. [2015] iehc 718 has brought by collector general on behalf ministe
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Courts Service · 2015-11-20 · courts
high court rejects challenge to temporary release limits for firearms sentences the refused a declaration that statutory restriction on during minimum prison terms was unconstitutional, while limiting its review provision. [2015] iehc 728 has specified offences are unconstitutional. keth doyle broug
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Courts Service · 2015-11-19 · courts
court of appeal sets aside amended claim over solicitor’s handling criminal trial the allowed solicitors’ appeal, ruling that limited negligence was a time-barred personal injury and sought damages for distress without recognised psychiatric illness. an by firm solicitors set order permitting martin
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Courts Service · 2015-11-19 · courts
high court quashes refusal of nigerian husband’s visa, orders fresh appeal review the found appeals officer had not considered irish citizen wife’s account family contact or properly addressed constitutional rights. it did grant a visa. [2015] iehc 720 has quashed decision upholding man’s visa to jo
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Courts Service · 2015-11-19 · courts
high court refuses leave to challenge rejection of nigerian man’s refugee claim the found appeals tribunal had rational grounds reject applicant’s account on credibility. it refused in his judicial review proceedings. [2015] iehc 730 for a man decision rejecting claim, finding that tribunal’s credib
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Courts Service · 2015-11-19 · courts
high court refuses leave to challenge rejection of nigerian family’s refugee claim the extended time for judicial review but found no basis interfere with appeals tribunal’s decision. [2015] iehc 731 refused a mother and her three children decision rejecting their claim, finding assessment. applican
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Courts Service · 2015-11-19 · courts
high court dismisses nigerian-born child’s challenge to refugee refusal the rejected a judicial review appeals tribunal’s decision, finding no basis fault its assessment of persecution risk, state protection or internal relocation. [2015] iehc 719 dismissed brought for child whose application had be
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Courts Service · 2015-11-19 · courts
court of appeal dismisses conviction in case involving six complainants the rejected challenges to joint trial, judge’s treatment defence and warning about delay. concerned only. 124/13 dismissed j.c.’s against after rejecting decision try charges together, trial summing up judgment, delivered by mr
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Courts Service · 2015-11-19 · courts
court of appeal upholds d. o'd convictions over video-link evidence from mentally impaired complainant the has upheld o'd's on eight counts sexual intercourse with a person after rejecting challenge to use live at his trial. was convicted dublin circuit criminal 27 april 2012 and received concurrent
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Courts Service · 2015-11-19 · courts
appeal court says high lacked power under guardianship act but could order interim legal-cost payments the of varied a temporary maintenance involving an unmarried couple’s dependent children, holding that different statute authorised and €110,000 was appropriate limit on facts. [2015] ieca 258 appe
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Courts Service · 2015-11-17 · courts
high court finds children’s interim care order unlawful after parents lacked time to prepare the upheld an article 40 inquiry, ruled that district was made without a fair opportunity for address evidence, and directed release. it left arrangements release further hearing. [2015] iehc 733 found two c
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Courts Service · 2015-11-17 · courts
court of appeal dismisses woman’s negligence over pituitary tumour treatment the upheld high court’s findings that endocrinologist was not negligent in prescribing sandostatin lar or obtaining consent for treatment. [2015] ieca 251 has dismissed mary healy’s against rejection her claim a tumour, uph
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Courts Service · 2015-11-17 · courts
court of appeal cuts sean casey prison term to five years over fatal drink-driving crash the has reduced casey's sentence for dangerous driving causing death megan johnson and serious injuries four other people, while leaving his 30-year ban unchanged. had pleaded guilty bodily harm following a on 8
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Courts Service · 2015-11-17 · courts
high court rules bank guarantee ended after three-month notice period the held that a written validly dolores mcgrath’s demand from 4 august 2011, extinguishing bank’s right to pursue her under it. [2015] iehc 712 ruled given by mcgrath danske ceased be effective on three months of termination was r
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Courts Service · 2015-11-17 · courts
court cuts cannabis grow-house sentences from six years to four over swinford operation of appeal the has reduced prison two men found working as “gardeners” in a sophisticated cannabis-growing at business park, co mayo. xiao fei weng and shi dong he had pleaded guilty castlebar circuit criminal pos
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Courts Service · 2015-11-17 · courts
high court allows asylum applicant to amend challenge tribunal decision the permitted an additional legal ground be added a judicial review challenge, while leaving merits of that undecided. [2015] iehc 725 allowed anonymised her statement grounds include findings made by refugee appeals tribunal. r
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Courts Service · 2015-11-16 · courts
five-year sentences upheld for man who sexually abused stepdaughter over five years court of appeal the has concurrent prison imposed on o. o’b. abusing his a period about while acting as her parent. appellant pleaded guilty to six sample counts taken from 21-count indictment covering three-month pe
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Courts Service · 2015-11-16 · courts
court of appeal overturns two drug possession convictions but upholds cultivation the ruled there was insufficient evidence for a jury to find choung vu primary participant in possessing cannabis, while charge properly left jury. allowed vu’s against cannabis sale or supply and simple possession, di
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Courts Service · 2015-11-16 · courts
supreme court upholds removal of executor in kathleen white estate dispute the rejected edward white’s appeal and allowed rosemary gantly to replace his late brother damien as plaintiff proceedings. has upheld an mother solicitor be substituted after death white. a judgment delivered on 16 november
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Courts Service · 2015-11-16 · courts
high court refuses injunction to stop asylum transfer uk the rejected arguments that judicial review automatically suspended a order and found no basis depart from ordinary presumption prima facie valid should be implemented. [2015] iehc 726 refused an interlocutory would have prevented of anonymise
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Courts Service · 2015-11-16 · courts
high court rejects stepstone’s objection to its role in judicial review challenge the ruling resolved a preliminary question about correct respondents. it did not decide whether ray and susan hall would receive leave circuit possession order. [2015] iehc 737 has dismissed stepstone mortgage funding
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Courts Service · 2015-11-16 · courts
high court allows surrender on assault and absence, refuses 13 bail-related charges the found that a scottish failure to appear at procedural hearing corresponded criminal contempt in ireland, but failures sign police station did not correspond an irish offence. [2015] iehc 807 ordered of pablo tell
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Courts Service · 2015-11-16 · courts
court of appeal rejects three prisoners’ bids for release after drug law ruling the appeals followed a that invalidated statutory power used to designate controlled drugs. held an earlier supreme decision governed effect on concluded convictions. [2015] ieca 259 has dismissed by prisoners who sought
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Courts Service · 2015-11-16 · courts
court of appeal finds shaun kelly sentence for donegal crash that killed eight unduly lenient the has ruled imposed on dangerous driving causing deaths people in county was lenient. case arose from july 11, 2010 road between clonmany and buncrana. seven passengers kelly’s volkswagen passat died, alo
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Courts Service · 2015-11-16 · courts
high court splits costs 30% to applicant after mixed judicial review result the succeeded on a challenge regulations’ definition of torture but lost her transfer subsidiary protection decisions. awarded taxed and respondents 70%. [2015] iehc 861 proceedings, with entitled 70%, she one issue another.
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Courts Service · 2015-11-13 · courts
high court dismisses dunnes stores planning challenge as abuse of process the refused to review issues, finding judicial was brought delay or avoid contractual obligations concerning an anchor store at ferrybank. [2015] iehc 716 dismissed stores’ bord pleanála’s retention permission for alterations
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Courts Service · 2015-11-13 · courts
high court orders wicklow county council to disclose documents in housing dispute the order covers six categories sought by john and gayle brady their judicial review proceedings, with one category limited concerning estate. [2015] iehc 705 has ordered provide across proceedings over council’s inspe
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Courts Service · 2015-11-13 · courts
high court upholds multi-location alcohol checkpoint authorisation in case stated the answered one legal question “yes” and left assessment of whether a road is sufficiently specific to district judges each case. [2015] iehc 706 ruled that written garda could cover checkpoints at multiple locations
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Courts Service · 2015-11-13 · courts
high court grants aib €146,874.35 summary judgment against former customer the found that earlier payments from account had repaid overdraft linked to credit card bills defendant said were incurred through alleged forgery. it held those allegations did not defend later debt. [2015] iehc 707 granted
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Courts Service · 2015-11-13 · courts
high court grants acc summary judgment for €236,121.17, excluding disputed surcharge the found no credible defence to most of bank’s loan claim, but accepted that 6% could be challenged. it left next step balance addressed with counsel. [2015] iehc 703 has granted management limited against grace ca
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Courts Service · 2015-11-13 · courts
high court allows father’s appeal over child’s naíonra place the set aside a circuit decision and directed that child be placed in l, with mother’s consent dispensed if is offered at scoil l primary school. [2015] iehc 857 allowed dispute his young daughter’s pre-school schooling, setting order dire
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Courts Service · 2015-11-13 · courts
high court refuses to halt historic sexual assault prosecution over missing counselling records the dismissed an accused man’s judicial review application, finding he had not shown a real possibility that unavailable material would assist his defence. it also rejected standing seek declaration about
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Courts Service · 2015-11-12 · courts
court cuts sentence for child sexual exploitation after finding six-year starting point too high of appeal the has reduced imposed on d.c. sexually exploiting a 15-year-old boy that original was severe. had pleaded guilty to inducing child, identified as b, participate in indecent or obscene act 23
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Courts Service · 2015-11-12 · courts
tv3 ordered to pay solicitor €140,000 over mistaken identification in news report the high court assessed damages after made an unqualified offer of amends footage that wrongly identified david christie with a on trial for serious offences. [2015] iehc 694 must found him as ms justice iseult o’malle
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Courts Service · 2015-11-12 · courts
high court sets aside service in fishing vessel misrepresentation case the found that alleged reliance on a stability certificate and initial loss were connected to vessel’s purchase netherlands, not ireland. it set for want of jurisdiction; did decide underlying claim. [2015] iehc 721 has proceedin
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Courts Service · 2015-11-12 · courts
high court says blood sample certificate was not duly completed the answered a district judge’s first question in consultative case stated, finding that doctor’s form failed to identify whether or urine. it did decide defect fatal prosecution. [2015] iehc 695 ruled drink-driving “duly completed” bec
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Courts Service · 2015-11-12 · courts
high court refuses bid to halt prosecution of man charged after turning 18 the found no blameworthy delay in an assault charge arising from incident when applicant was 17. [2015] iehc 697 has refused application prohibit a with causing harm he turned 18. case, which arose sought judicial review, arg
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Courts Service · 2015-11-12 · courts
supreme court rejects appeal over trust scheme for f.d.’s settlement funds the upheld a preliminary ruling that high had no inherent jurisdiction to approve outside wardship process. separate inquiry into capacity was not decided in this appeal. has dismissed an by f.d. whether could protect money h
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Courts Service · 2015-11-12 · courts
high court quashes afghan asylum appeal decision and orders fresh hearing the found that tribunal did not explain why it gave little weight to documents relevant applicant’s claimed fear of authorities, had fairly assessed conflicting information about relocation kabul. [2015] iehc 859 has quashed a
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Courts Service · 2015-11-12 · courts
court of appeal dismisses appeals over claims tied to 1998 settlements the upheld striking out three against first respondent, finding covered later arising from abuse by fr brendan smyth. [2015] ieca 361 has dismissed people whose respondent were struck after earlier proceedings in northern ireland
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Courts Service · 2015-11-11 · courts
high court orders dublin district to hear garuda tax summonses after jurisdiction ruling overturned [2015] iehc 688 the has ordered deal with three prosecutions against limited overturning a decision that lacked jurisdiction. alleging offences under taxes consolidation act 1997 were issued on decemb
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Courts Service · 2015-11-11 · courts
high court finds bank entitled to order requiring dr stephens execute mortgage charge the rejected stephens’s delay and repeat-litigation defences, but left precise form of for later submissions. [2015] iehc 717 has found acc loan management limited specific performance an agreement gerald a first l
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Courts Service · 2015-11-11 · courts
high court adjourns surrender case after finding respondent lacks capacity to take part the ordered a treatment-related adjournment of up three months and will ask uk authorities whether had legal representation when he pleaded guilty. no decision was made. [2015] iehc 698 has adjourned european arr
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Courts Service · 2015-11-11 · courts
high court grants two declarations in irish-language documents challenge the ruled for an irish-speaking applicant on requested declarations, while leaving his pending drink-driving prosecution letterkenny district to continue. [2015] iehc 794 (an ard-chúirt) granted who challenged availability of v
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Courts Service · 2015-11-10 · courts
supreme court overturns ruling on refusal of hussein’s long-term residency application the rejected judicial review challenge, finding no evidence that minister applied an inflexible policy. it did not decide whether a separate executive power to operate schemes existed. overturned high in challenge
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Courts Service · 2015-11-10 · courts
court of appeal cuts personal injury award to €37,985 the allowed a defendant’s appeal, finding that high court’s general damages for injuries from 2012 road traffic accident was unduly generous. an against award, reducing total €67,985 €37,985. said awarded plaintiff’s were generous in light eviden
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Courts Service · 2015-11-10 · courts
court keeps 12-year sentence for killarney sexual assault but increases suspended term rehabilitation of appeal the has retained a j.p. over 14-year-old boy in killarney, increased portion to create stronger structure rehabilitation. pleaded guilty sexually assaulting at bed and breakfast on 12 may
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Courts Service · 2015-11-10 · courts
court of appeal again refuses bernard daly bail ahead revenue-related conviction the has refused while he awaits an against convictions arising from a lengthy dublin circuit criminal trial. was convicted on 30 july 2015 furnishing incorrect information contrary to taxes consolidation act 1997, consp
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Courts Service · 2015-11-10 · courts
court of appeal strikes down 40-year driving ban imposed at naas district the has struck a disqualification on michael o’brien court, describing length as unjustifiable and outside any reasonable range. mr pleaded guilty may 9th, 2013 to using vehicle without insurance while disqualified. heard that
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Courts Service · 2015-11-10 · courts
high court dismisses appeal over €40,098.63 rent arrears determination the found tenancy tribunal could consider raised during dispute process and rejected tenant’s other grounds of appeal. [2015] iehc 724 has dismissed a against private residential tenancies board (prtb) requiring him to pay in arr
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Courts Service · 2015-11-10 · courts
high court declines jurisdiction in little kickers supply dispute the found parties’ written terms gave courts of england and wales declined to hear irish proceedings. [2015] iehc 708 has over a between clubgear direct online limited mitre sports international prostar limited, favour wales. concerns
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Courts Service · 2015-11-10 · courts
court of appeal dismisses challenges to vehicle-entry convictions the held that charges and resulting orders were sufficiently clear despite omitting words “without lawful authority or reasonable cause”. has dismissed appeals by colm ahearn john joyce, who sought quash district committal warrants ov
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Courts Service · 2015-11-10 · courts
high court refuses summary judgment in acc loan case the found borrowers had arguable consumer-credit defences, including problems with bank’s warning notice, but did not decide loan’s final enforceability. [2015] iehc 722 has refused management ltd’s application for against brothers sean browne and
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Courts Service · 2015-11-09 · courts
supreme court rejects bankrupt’s bid to pursue challenge family judgment the preliminary appeal concerned who could decide whether earlier matrimonial orders affecting estate. resolved a legal issue in favour of official assignee bankruptcy, ruling that b.a. not personally proposed family-court deci
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Courts Service · 2015-11-09 · courts
high court grants receiver access to the creedons’ family home in mortgage dispute held that a 2004 commercial allowed take possession of 131 tritonville road, despite property later becoming defendants’ home. [2015] iehc 711 granted ken fennell injunctions allowing him enter and con pamela creedon,
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Courts Service · 2015-11-09 · courts
supreme court dismisses bankrupt’s bid to reopen matrimonial judgments the ruled that b.a. had not shown standing under irish law pursue his application. it could determine whether us bankruptcy gave him a personal interest, given gaps in evidence and absence of trustee. ireland has dismissed b.a.’s
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Courts Service · 2015-11-09 · courts
court of appeal reduces alan wilson’s sentence by one year the substituted a six-year after considering grounds and prison governor’s report; runs from date set circuit court. 107/13 reduced seven years to six allowing his against severity sentence. it directed that run identified in judgment delive
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Courts Service · 2015-11-09 · courts
court of appeal allows dpp over lost cctv in assault case the said missing footage could prejudice accused, but that any unfairness should be assessed and addressed by trial judge. has allowed director public prosecutions’ against an order barring prosecution valeriu sirbu, ruling potential from con
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Courts Service · 2015-11-09 · courts
court of appeal dismisses against sentence for cork phone robbery the found no error principle in a three-year robbery, with final 12 months suspended, and concurrent attempted robbery. has dismissed jamie o’donovan’s imposed an cork, finding that was not excessive sentencing judge made principle. o
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Courts Service · 2015-11-09 · courts
court of appeal reduces air rifle intimidation sentence to three years the found original placed offence at most serious end range, and resentenced appellant after considering circumstances mitigation. reduced timothy fogarty’s for pointing an a woman in birdhill, co. tipperary, intending intimidate
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Courts Service · 2015-11-09 · courts
high court dismisses appeal over solicitor misconduct complaint the affirmed a tribunal decision that there was no prima facie case for an inquiry into colin monaghan’s conduct delayed mediation motion. [2015] iehc 700 has dismissed eugene mccool’s against solicitors disciplinary conduct. in judgmen
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Courts Service · 2015-11-09 · courts
court of appeal upholds seven-year sentence for €580,000 dublin cannabis haul the has upheld a prison imposed on david gill after gardaí recovered worth about during an operation in dublin. pleaded guilty at circuit criminal to possession controlled drug purpose supply under section 15a misuse drugs
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Courts Service · 2015-11-09 · courts
court of appeal allows insurer’s over questions about deceased’s medical history the set aside a high refusal and granted leave for 13 amended interrogatories to be answered by both plaintiffs in life assurance dispute. 2015/222 has allowed irish plc’s against let it put written two marie mccabe, de
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Courts Service · 2015-11-06 · courts
court quashes explosive-substance convictions of conan murphy and philip mckevitt orders retrial appeal the has quashed for possession an explosive substance but ordered that both men face a retrial. pair had been convicted in special criminal following trial which ran from november 2011 until febru
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Courts Service · 2015-11-06 · courts
high court rejects bias claim against family-law assessor, orders limited update the declined to disqualify a section 47 reporter but ordered her speak with child and report on his current circumstances views. [2015] iehc 840 rejected father’s that assessor was biased directed same for order did not
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Courts Service · 2015-11-06 · courts
high court allows bank of ireland (uk) to replace lender in loan claim the ordered uk added as plaintiff for claim, while original remains on a separate guarantee claim. [2015] iehc 691 has allowed plc be proceedings over derek lee, thomas lee and evaristas ihaurula. plaintiff, governor company irel
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Courts Service · 2015-11-06 · courts
court of appeal narrows discovery in bam’s challenge to late tender acceptance the allowed an ntma against a high order, holding that most disputed document requests went beyond issues pleaded. it left agreed categories place and did not impose ntma’s proposed limits concerning kajima or receipt tim
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Courts Service · 2015-11-06 · courts
high court found landlord unreasonably withheld consent to café en seine lease transfer the declared that chupn ltd acted by delaying and failing an assignment, finding its objections were driven a desire regain possession. it did not dispense with consent, said financial issues could have justified
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Courts Service · 2015-11-06 · courts
high court orders €800,000 trust payment and transfers family home in divorce case the granted a made property, maintenance orders, while leaving implementation details tax arrangements for further consideration. [2015] iehc 856 has to g.r. n.r. ordered series of financial property arrangements, inc
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Courts Service · 2015-11-06 · courts
high court overturns dismissal of ballyfermot breath-test prosecution over 20-minute observation period [2015] iehc 693 the has ruled that a further garda at station did not unlawfully extend lorraine o’sullivan’s detention in drink-driving investigation. o’sullivan had been charged with failing to
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Courts Service · 2015-11-06 · courts
high court refuses fishermen’s bid to add solicitors’ insurer negligence case the said proposed joinder was premature and solicitors mutual defence fund not needed decide claim against former solicitors. [2015] iehc 690 {'name': 'high court'} has refused a group of application (smdf) as co-defendant
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Courts Service · 2015-11-06 · courts
high court refuses leave to challenge immigration decisions the extended filing time but refused permission bring judicial review proceedings over a refusal of residence and proposal deport. [2015] iehc 681 bing leng seek minister for justice equality’s extend his remain in ireland later deport him.
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Courts Service · 2015-11-06 · courts
high court orders discovery of sunday times material in defamation case mr justice barr directed the newspaper to make after finding its fair and reasonable publication defence put conduct publishing article issue. he made no ruling on whether any documents are privileged. [2015] iejc 696 has ordere
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Courts Service · 2015-11-05 · courts
high court dismisses challenges to transfer of westmeath family farm the found that parents’ gift their and home son was not shown result from duress, undue influence or an improvident transaction. [2015] iehc 689 dismissed two claims seeking undo 2008 a in ballyoate, co westmeath, padraig lynn. all
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Courts Service · 2015-11-05 · courts
high court strikes out former courts service employee’s dismissal claims the held that an employment appeals tribunal hearing barred employee from pursuing common-law damages for wrongful dismissal. it also rejected assault and defamation were not properly pleaded in these proceedings. [2015] iehc 6
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Courts Service · 2015-11-05 · courts
man sentenced to 17 years for false imprisonment of child near laois home the circuit court suspended final four five and imposed supervision treatment conditions after defendant pleaded guilty. [2015] iecc 4 court, midland circuit, portlaoise a who guilty falsely imprisoning young girl her family i
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Courts Service · 2015-11-05 · courts
supreme court sets aside ida order to compulsorily acquire kildare farm the allowed thomas reid’s appeal, holding that lacked power his lands for possible future use and had not met statutory conditions compulsory acquisition. appeal set industrial development agency’s decision 72-acre at blakestown
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Courts Service · 2015-11-05 · courts
court of appeal rejects wilson and crowley’s challenges to burglary convictions the upheld both men’s after rejecting their appeals on jury contact, witness statements, arrest other grounds. it then turned alan wilson’s sentence appeal; judgment excerpt does not include decision. 114/13; no. 107 has
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Courts Service · 2015-11-05 · courts
court of appeal upholds lower discount rate for child’s future care costs the ruled that damages should be calculated using a 1% to account wage inflation, while other pecuniary losses use 1.5%. separate over annual and related remained outstanding. upheld 1.5% when calculating most financial losses
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Courts Service · 2015-11-04 · courts
high court rejects deloitte partner brian murphy's bid to stop revenue prosecution [2015] iehc 670 the has rejected an application by accountant murphy a arising from vat repayment claim made securemed ltd. was audit in and director tax agent of securemed. april 2011, company submitted return claimi
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Courts Service · 2015-11-04 · courts
high court dismisses asylum applicant’s judicial review despite error over electoral card the found that refugee appeals tribunal had erred in its analysis of one document, but held did not invalidate decision. it granted leave and dismissed substantive application. [2015] iehc 686 an applicant to s
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Courts Service · 2015-11-04 · courts
high court refuses family’s challenge to child-protection decisions the declined all relief sought in a judicial review involving two children, while stating that parents should not be discouraged from bringing their own solicitor conferences. [2015] iehc 679 by mother and her children child family
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Courts Service · 2015-11-04 · courts
court of appeal rejects mother’s challenge to return order for two boys germany the found that had been wrongfully removed from and neither acquiescence nor grave risk established. it deferred until end elder boy’s school term, with exact date still be fixed. {'name': 'court appeal', 'division': 'fa
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Courts Service · 2015-11-04 · courts
high court refuses application for further discovery in commercial case the declined to order additional documents two categories, accepting plaintiffs’ evidence on privilege and accountant’s working papers. [2015] iehc 714 court, has refused defendants’ better a involving james patrick flannery, le
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Courts Service · 2015-11-03 · courts
high court refuses newspaper’s bid to dismiss defamation case over delay the found about six years of inactivity was inordinate, but said defendant had not established actual prejudice sufficient strike out claim. [2015] iehc 684 has refused independent newspapers (ireland) limited’s application mon
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Courts Service · 2015-11-03 · courts
seven-and-a-half years for portarlington drink-driver after crash killed four-year-old ciaran tracey [2015] iecc 3 circuit court, midland circuit, portlaoise a driver who caused head-on collision near that and seriously injured his mother has been sentenced to seven six months in prison banned from
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Courts Service · 2015-11-03 · courts
high court sets aside notice against former solicitor in ritz centre dispute mr justice binchy found that defendants had not served a third-party as soon reasonably possible, citing an unexplained five-month delay sending their files to solicitors. [2015] iehc 685 the set paraic o’kennedy, partner o
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Courts Service · 2015-11-03 · courts
high court refuses word perfect’s bid to amend public procurement challenge the found company had not shown good reasons add claims about interpretation services procured after an earlier framework agreement expired. [2015] iehc 668 has refused perfect translation limited permission its award of con
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Courts Service · 2015-11-03 · courts
court of appeal dismisses murder conviction the rejected all 10 grounds raised by criostóir maccarthaigh, upholding trial judge’s decisions on interview evidence, witness testimony, prior convictions and forensic samples. has dismissed maccarthaigh’s against his for murdering david white, rejecting
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Courts Service · 2015-11-03 · courts
high court refuses receiver’s bid to compel transfer of cork lands the held that land-sale consideration included a cash price and an unpaid stamp-duty benefit, refused requested trustee vesting orders. [2015] iehc 678 has application by george maloney, receiver manager john fleming construction lim
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Courts Service · 2015-11-03 · courts
high court sends €28.8m guarantee claim to plenary hearing the refused decide lender’s summary judgment application at this stage, finding defendant had raised an arguable defence. it made no final ruling on liability. [2015] iehc 713 court, commercial has remitted a €28.8 million against edward swe
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Courts Service · 2015-11-03 · courts
high court refuses bid to restrict director after finding company was solvent mr justice gilligan refused the liquidator’s application for a five-year restriction, had not traded while insolvent and no third party suffered financial loss from respondent’s directorship. [2015] iehc 669 has an thomas
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Courts Service · 2015-11-03 · courts
supreme court sends two claims over alleged garda failures back for trial the set aside high orders on preliminary duty-of-care issues, finding cases were an unsuitable basis deciding broader legal questions. it directed both matters to proceed in court. has dismissing negligence by women criminal i
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Courts Service · 2015-11-02 · courts
court of appeal dismisses q.t.’s against sexual assault conviction the rejected challenges over access to complainant’s psychiatric records and evidence her complaints two witnesses. was dismissed. has dismissed a for sexually assaulting woman in enniscorthy may 2008, rejecting refusal disclose she
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Courts Service · 2015-11-02 · courts
court of appeal reduces attempted robbery sentence to four years the found original five-year unduly severe, replacing it with years’ imprisonment and suspending final 20 months for two after release, subject a €100 bond. reduced stephen o’sullivan’s from five years, his concerned an offence against
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Courts Service · 2015-11-02 · courts
court of appeal cuts j.s. sentence for defilement offences involving three teenage girls the has reduced overall prison term imposed on an anonymised man, j.s., contacted through social-networking site tagged. had pleaded guilty to under section 3(1) criminal law (sexual offences) act 2006. circuit
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