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Courts Service · 2016-02-29 · courts

Court of Appeal dismisses challenge to three-year sentence for assault on detective

court of appeal dismisses challenge to three-year sentence for assault on detective the upheld a consecutive term an causing harm, describing attack as among most serious cases under offence. has dismissed patrick irwin’s prison harm sergeant brian lee in collooney, co sligo, 2010. irwin pleaded gui

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Courts Service · 2016-02-29 · courts

High Court orders aviation authority to disclose when suspension evidence collapsed

high court orders aviation authority to disclose when suspension evidence collapsed the order covers documents identifying irish authority’s investigation team realised there was no factually sustainable for paul mcmahon’s suspension. reserved costs of discovery application. [2016] iehc 805 has orde

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Courts Service · 2016-02-29 · courts

Supreme Court quashes Michael Oates’s drink-driving conviction over refusal to give reasons

supreme court quashes michael oates’s drink-driving conviction over refusal to give reasons the allowed his appeal after finding district judge gave no for refusing an application inspect breath-testing machine and obtain related documents. has quashed driving with excess alcohol in breath, that def

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Courts Service · 2016-02-29 · courts

High Court affirms possession order over Donnybrook family home

high court affirms possession order over donnybrook family home the upheld circuit court’s in tanager limited’s case, while making no as to costs for appeal. [2016] iehc 803 has affirmed a of patrick cronin’s donnybrook, dublin, but made an ex tempore judgment delivered on 29 february 2016, mr justi

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Courts Service · 2016-02-29 · courts

Court of Appeal dismisses challenge to four-year sentence for intimidation

court of appeal dismisses challenge to four-year sentence for intimidation the upheld concurrent sentences imposed after francis kelleher pleaded guilty four counts intimidating his nephew discourage him from bringing legal proceedings. has dismissed kelleher’s against prison nephew, niall kelleher,

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Courts Service · 2016-02-29 · courts

High Court orders Wei Yu’s surrender to Spain on one alleged offence

high court orders wei yu’s surrender to spain on one alleged offence the ruled that european arrest warrant concerned prosecution for human trafficking. it refused a separate document falsification because did not meet statutory threshold. [2016] iehc 123 has ordered of yu illegal trafficking person

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Courts Service · 2016-02-26 · courts

Court of Appeal dismisses State appeal in Chinese couple’s asylum cases

court of appeal dismisses state in chinese couple’s asylum cases the upheld an order sending two applications back to refugee appeals tribunal for fresh consideration claimed membership a particular social group and adverse credibility findings. it did not decide entitlement status. has dismissed st

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Courts Service · 2016-02-26 · courts

Court of Appeal dismisses father and son’s appeals against cannabis sentences

court of appeal dismisses father and son’s appeals against cannabis sentences the found no sentencing error in 12-year terms imposed after guilty pleas over a 64.5kg seizure. remained place, with part suspended for each man. has dismissed by michael devlin senior junior severity their offences under

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Courts Service · 2016-02-26 · courts

Court of Appeal cuts discovery order in Irish patent revocation case

court of appeal cuts discovery order in irish patent revocation case the upheld file and timing documents boehringer planned to rely on, but set aside orders for three other categories. appeal; high (prior order) allowed part ingelheim pharma gmbh co kg’s against a proceedings brought by norton (wat

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Courts Service · 2016-02-26 · courts

High Court awards €121,386 after finding elbow injury followed Thurles campus crash

high court awards €121,386 after finding elbow injury followed thurles campus crash the found that a driver’s and shoulder injuries were caused by 2011 collision at limerick institute of technology in thurles, rejected defence suggestion steroid injections damage. [2016] iehc 114 awarded anna fogart

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Courts Service · 2016-02-26 · courts

Court of Appeal varies discovery order in Imagine–Motorola dispute

court of appeal varies discovery order in imagine–motorola dispute the allowed motorola’s over testing records, but rejected its challenges concerning site procurement and invoices. [2015] ieca 282 (referenced as principal judgment; no separate citation for this supplementary judgment stated) has pa

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Courts Service · 2016-02-26 · courts

Court of Appeal suspends final two years of sentence for M50 walkway assault

court of appeal suspends final two years sentence for m50 walkway assault the left a three-and-a-half-year in place but increased suspended portion after allowing to limited extent. 102/15 has allowed an against severity imposed on aaron shattock that man blind one eye, suspending prison term. judgm

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Courts Service · 2016-02-26 · courts

Court of Appeal rejects challenge to deportation procedure

court of appeal rejects challenge to deportation procedure the dismissed appeals arguing that people facing should have a separate decision on residence claims before minister could make order. three challenging under which for justice considers written representations deciding whether held applican

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Courts Service · 2016-02-26 · courts

Court of Appeal overturns extension of time in Galway SICAP procurement challenge

court of appeal overturns extension time in galway sicap procurement challenge the held that forum connemara had no good reason for bringing its late after tendering single-provider contract. it allowed county lcdc’s appeal. local community development committee’s against a high order extending limi

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Courts Service · 2016-02-26 · courts

Court of Appeal dismisses company’s challenge to €1.48m summary judgment

court of appeal dismisses company’s challenge to €1.48m summary judgment the held that july 2011 solicitor letters unequivocally acknowledged amount due philip lynch. separate claims against two other defendants remain for a plenary hearing. has dismissed one fifty plc’s high order requiring it pay

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Courts Service · 2016-02-26 · courts

Court of Appeal quashes employment permit refusal over €30,000 threshold

court of appeal quashes employment permit refusal over €30,000 threshold the held that minister could not impose a minimum salary requirement through an administrative scheme where permits act reserved power to regulations. 2015 no. 282; [2015] iehc 219 is cited for high decision has quashed applica

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Courts Service · 2016-02-26 · courts

High Court rules most disputed company emails privileged in share dispute

high court rules most disputed company emails privileged in share dispute the ordered disclosure of a letter already sent to plaintiff and statement claim, while holding that other documents it inspected were protected by privilege. [2016] iehc 103 court, commercial ruled legal professional privileg

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Courts Service · 2016-02-26 · courts

Court of Appeal dismisses Purcell’s appeal over Central Bank settlement correspondence

court of appeal dismisses purcell’s over central bank settlement correspondence the upheld refusal to order disclosure without prejudice correspondence, finding that litigation privilege had not been abused or waived. has dismissed john stanley against a high between ireland and irish nationwide bui

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Courts Service · 2016-02-26 · courts

Court of Appeal sets aside damages award to former An Post worker

court of appeal sets aside damages award to former an post worker the allowed state’s appeal, finding no entitlement for mistaken interpretation eu residence rules or breach constitutional rights. has set a high €107,905 in and €20,000 rights ewaen fred ogieriakhi, whose 2007 dismissal from followed

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Courts Service · 2016-02-26 · courts

Court of Appeal suspends final 10 months of insurance agent’s theft sentence

court of appeal suspends final 10 months insurance agent’s theft sentence the found that sentencing judge gave insufficient weight to mitigating factors and suspended a two-and-a-half-year sentence, subject conditions. prison imposed on patrick walsh for 75 counts involving fraudulent life policies.

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Courts Service · 2016-02-25 · courts

High Court grants leave and pauses child-care hearing until 1 March

high court grants leave and pauses child-care hearing until 1 march the allowed a judicial review challenge to proceed barred district from considering further care-order application before existing order’s scheduled return date. [2016] iehc 106 granted mother her newborn daughter pursue proposed he

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Courts Service · 2016-02-25 · courts

Court of Appeal reduces sentence for Galway armed robbery

court of appeal reduces sentence for galway armed robbery the found original gave insufficient credit mitigation. it quashed seven-year term and resentenced appellant to five years, with final year suspended subject conditions. reduced imposed on joseph crawford a 2010 at sandwich shop, finding that

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Courts Service · 2016-02-25 · courts

Appeal court varies sentence for teenager after finding full three-year activation was not addressed

appeal court varies sentence for teenager after finding full three-year activation was not addressed the of activated one year a suspended and unexpired balance from 18 march 2016, subject to bond probation conditions. varied c.l., who 16 when he received detention robbery burglary committed in cork

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Courts Service · 2016-02-25 · courts

High Court strikes out homeowner’s claims against bank and receiver

high court strikes out homeowner’s claims against bank and receiver the dismissed gerardine scanlan’s damages proceedings as disclosing no reasonable cause of action entered final judgment her on bank’s loan claim, with €47,704.46 remaining due after property sale. [2016] iehc 118 struck danske step

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Courts Service · 2016-02-25 · courts

High Court rules Cleanrath wind farm approval unlawful over environmental assessments

high court rules cleanrath wind farm approval unlawful over environmental assessments the found planning board’s record did not show a lawful impact assessment or appropriate assessment, and said it would grant relief sought to challenge permission. [2016] iehc 134 ruled that an bord pleanála’s of p

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Courts Service · 2016-02-25 · courts

Court of Appeal cuts road injury award from €120,000 to €65,000

court of appeal cuts road injury award from €120,000 to €65,000 the allowed defendant’s appeal, finding high court’s general damages disproportionate after correcting two findings about plaintiff’s arm movement and medication. reduced mary nolan’s allowing an by rafal wirenski, defendant in her pers

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Courts Service · 2016-02-24 · courts

Court of Appeal finds Scottish bail breach corresponds to Irish failure-to-appear offence

court of appeal finds scottish bail breach corresponds to irish failure-to-appear offence the held that agreed conditions and a missed hearing could amount an under section 13 ireland’s criminal justice act 1984 for european arrest warrant correspondence purposes. has ruled allegation failing attend

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Courts Service · 2016-02-24 · courts

Court of Appeal: Scottish bail no-show corresponds to Irish bail offence, not contempt

court of appeal: scottish bail no-show corresponds to irish offence, not contempt the answered a certified legal question on correspondence under european arrest warrant act and left surrender order in place for assault failure appear. appeal ruled that attend after accepting attendance as condition

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Courts Service · 2016-02-24 · courts

Hogan J says Scottish bail offence did not match Irish offence

hogan j says scottish bail offence did not match irish in a dissent on one issue court of appeal judgment, said the charge lacked an element required by failing to appear bail. alleging that pablo tellarini prieto failed attend hearing while correspond offence, mr justice gerard concluded dissenting

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Courts Service · 2016-02-23 · courts

High Court says planning board failed to compare quarry’s pre-1964 and current use

high court says planning board failed to compare quarry’s pre-1964 and current use the answered a preliminary judicial review question in negative, finding had not carried out detailed comparison required decide whether quarrying was continuation of its use. [2016] iehc 104 has ruled that an bord pl

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Courts Service · 2016-02-23 · courts

Supreme Court allows Ryanair to submit late witness statement in Bravofly case

supreme court allows ryanair to submit late witness statement in bravofly case the allowed appeal over a supplemental statement, while preserving bravofly’s right challenge its use as evidence and ordering bear specified wasted costs. has limited ongoing against limited, overturning high ruling that

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Courts Service · 2016-02-23 · courts

High Court rejects borrower’s bid to defend €1.06m bank claim

high court rejects borrower’s bid to defend €1.06m bank claim the found 2012 refinancing was commercial and rejected arguments based on consumer protections, pressure family home protection act. it directed that judgment be entered, with precise figures heard from counsel. [2016] iehc 105 has ethel

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Courts Service · 2016-02-23 · courts

High Court dismisses Lowry bid to halt prosecution

high court dismisses lowry bid to halt prosecution the judicial review challenge concerned continuation of tax and company-law charges, pre-trial publicity transfer trial dublin. [2016] iehc 92 has dismissed michael lowry’s application for seeking prohibit his in circuit criminal court. mr justice n

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Courts Service · 2016-02-22 · courts

Court of Appeal refuses leave to challenge evidence request in Italian appeal

court of appeal refuses leave to challenge evidence request in italian the upheld high court’s refusal allow frank agrama seek judicial review minister’s decision nominate a district judge receive under 2008 request. has refused minister for justice’s requested by authorities. it leave, so will not

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Courts Service · 2016-02-22 · courts

Appeal court upholds suspended sentence for cannabis supply offence

appeal court upholds suspended sentence for cannabis supply offence the of refused director public prosecutions’ undue-leniency application, finding that exceptional medical circumstances meant five-year was lenient but not unduly lenient. has an application by prosecutions to review as a in full ma

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Courts Service · 2016-02-22 · courts

Supreme Court allows State appeal in Cromane mussel fishery damages case

supreme court allows state appeal in cromane mussel fishery damages case the set aside awarded to two seafood companies, finding no basis for negligence liability over regulated opening and closure of fishery. allowed state’s against a high judgment that had total €400,000 companies restrictions on

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Courts Service · 2016-02-22 · courts

Court of Appeal dismisses challenge to six-year sentences for Meath robbery and aggravated burglary

court of appeal dismisses challenge to six-year sentences for meath robbery and aggravated burglary the said sentencing judge had adequately accounted mitigation, including rehabilitation, found concurrent terms were within proper exercise his discretion. has dismissed jonathan o’neill’s against bur

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Courts Service · 2016-02-22 · courts

Court of Appeal postpones sentence decision in cannabis cultivation case

court of appeal postpones sentence decision in cannabis cultivation case the found an error fully suspending a nine-year but deferred resentencing for year to assess defendant’s continued progress. has postponed christopher zinck one after finding that circuit erred by his full role large operation

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Courts Service · 2016-02-22 · courts

Supreme Court sends mussel-farm damages back to High Court for reassessment

supreme court sends mussel-farm damages back to high for reassessment the upheld negligence liability o’sullivan mccarthy losses linked 2008 closure, but ruled out 2010 and downstream buyer cromane seafoods. has state’s mussel development limited over its inability harvest seed in castlemaine harbou

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Courts Service · 2016-02-22 · courts

Court of Appeal increases sentence in large Piltown cannabis case

court of appeal increases sentence in large piltown cannabis case the quashed a ten-year with six years suspended and substituted 12 years, final four suspended, after finding original unduly lenient. has increased rory kilkenny’s for his role large-scale cultivation operation piltown, co kilkenny,

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Courts Service · 2016-02-22 · courts

Supreme Court allows State appeal over mussel fishery negligence ruling

supreme court allows state appeal over mussel fishery negligence ruling the rejected high court’s findings of legitimate expectation and operational in a dispute restrictions on harvesting at castlemaine harbour. damages issue did not arise. allowed state’s against for two mussel-farming companies,

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Courts Service · 2016-02-19 · courts

Court of Appeal reduces sentences in father’s child-abuse case

court of appeal reduces sentences in father’s child-abuse case the allowed an against sentence, finding that remorse and other mitigating circumstances had not received sufficient weight. it imposed concurrent terms, with parts suspended. p.m.’s severity his resentenced him for three offences involv

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Courts Service · 2016-02-19 · courts

High Court rules wind farm buy-back option cannot be exercised before 2042

high court rules wind farm buy-back option cannot be exercised before 2042 the found 2013 notice invalid and proposed declarations after hearing a dispute over wording service of options linked to knockacummer farm. [2016] iehc 95 court, commercial ruled that lands used by could not 2042, seeking ex

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Courts Service · 2016-02-19 · courts

Court of Appeal dismisses appeal over four-and-a-half-year sentence for €832,142 thefts

court of appeal dismisses over four-and-a-half-year sentence for €832,142 thefts the found 80 theft counts fell within sentencing judge’s reasonable margin, despite concerns about how was explained. has dismissed martin reilly’s against a prison stealing from 18 clients while he worked as tied agent

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Courts Service · 2016-02-19 · courts

High Court refuses bank’s late bid to hear security dispute as a preliminary issue

high court refuses bank’s late bid to hear security dispute as a preliminary issue the rejected danske application determine priority of its before trial, finding that it had waited too long seek procedure. [2016] iehc 89 court, commercial has refused have over for loans connected with clearstream d

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Courts Service · 2016-02-19 · courts

Bill Kenneally sentenced to 14 years and two months for indecent assaults

bill kenneally sentenced to 14 years and two months for indecent assaults the circuit court imposed 10 consecutive sentences after pleaded guilty a representative sample of counts from an indictment containing 74 counts. [2016] iecc 2 court, south eastern circuit, county waterford was in prison plea

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Courts Service · 2016-02-19 · courts

High Court refuses request to cross-examine witness in bankruptcy dispute

high court refuses request to cross-examine witness in bankruptcy dispute the ruling concerns evidence on a motion dismiss proceedings over asset transfers. refused cross-examination of one and said reciprocal did not arise. [2016] iehc 96 court, commercial whose affidavits were filed parallel irish

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Courts Service · 2016-02-19 · courts

High Court rules NAMA certificate was sufficient in receiver appeal

high court rules nama certificate was sufficient in receiver appeal the said receivers did not have to produce a later loan facility letter once statutory proved. defendant had already conceded possession; claim for damages remained outstanding. [2016] iehc 204 court, circuit appeal, eastern circuit

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Courts Service · 2016-02-19 · courts

Court of Appeal dismisses appeal against six-year cannabis sentence

court of appeal dismisses against six-year cannabis sentence the found no error principle in imposed on a man who pleaded guilty to possessing 76kg for sale or supply. has dismissed an severity prison court, comprising birmingham j., sheehan j. and edwards delivered its judgment 19 february 2016. sa

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Courts Service · 2016-02-18 · courts

Court of Appeal refuses Barry Kirwan more time to challenge service orders

court of appeal refuses barry kirwan more time to challenge service orders the dismissed kirwan’s application extend three high concerning and his conditional appearance in a bank’s loan claim. has refused claim for than €430,000 over facilities. judgment delivered on 18 february 2016, ms justice ir

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Courts Service · 2016-02-18 · courts

High Court rules detention of Stanescu Rostas lawful after return to Ireland

high court rules detention of stanescu rostas lawful after return to ireland the dismissed a challenge his under 2015 regulation, finding that removal and exclusion order made in 2012 remained force. [2016] iehc 86 ruled was lawfully detained at cloverhill prison while arrangements were for from ire

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Courts Service · 2016-02-18 · courts

Court of Appeal dismisses challenge to asset freezing order over cash and investment bonds

court of appeal dismisses challenge to asset freezing order over cash and investment bonds the ruled that proceeds-of-crime application was not subject exclusionary rule upheld after finding a reasonable basis for cab’s belief about property. has dismissed an by michael murphy junior senior against

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Courts Service · 2016-02-18 · courts

Court of Appeal cuts damages in fatal negligence claim to €1,003,112.04

court of appeal cuts damages in fatal negligence claim to €1,003,112.04 the reduced high award after applying a contingency discount claimed ballyalben inheritance and deducting benefits dependants received from deceased’s estate. it left apportionment balance for further hearing. awarded michael da

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Courts Service · 2016-02-18 · courts

Court of Appeal dismisses appeal against four-year sentence for sexual assault

court of appeal dismisses against four-year sentence for sexual assault the found no sentencing error after considering guilty plea, personal circumstances and suspended final year. has dismissed dileesh soman’s severity a prison imposed he pleaded to producing an article capable inflicting serious

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Courts Service · 2016-02-18 · courts

Court of Appeal dismisses conviction appeal in child pornography case

court of appeal dismisses conviction in child pornography case the upheld conviction, ruling that stored skype messages could fall within statutory definition and search warrant jury directions did not invalidate it. has dismissed mark mulligan’s against his for producing pornography, upholding tria

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Courts Service · 2016-02-18 · courts

Court of Appeal upholds €1m fine on Wexford haulage firm over fatal steel-coil crash

court of appeal upholds €1m fine on wexford haulage firm over fatal steel-coil crash the has upheld a €1 million imposed company after six steel coils came off one its trailers near thomastown, co kilkenny, killing two motorists and injuring four other people. roadteam logistic solutions, formerly n

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Courts Service · 2016-02-17 · courts

Court of Appeal dismisses Authority’s challenge to costs order in land registration case

court of appeal dismisses authority’s challenge to costs order in land registration case the concerned only whether property authority could claim immunity from after a was quashed by consent. held that it had performed routine administrative functions this case. dismissed against an requiring pay p

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Courts Service · 2016-02-17 · courts

Court of Appeal remits Mountjoy detention case for fresh warrant application

court of appeal remits mountjoy detention case for fresh warrant application the allowed governor’s and returned article 40 to high court. it did not decide whether corrected could justify detention. has sent an involving patrick joseph mcdonagh back court, where governor prison may seek permission

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Courts Service · 2016-02-17 · courts

Supreme Court upholds dismissal of soldier’s delayed Stardust-related claim

supreme court upholds dismissal of soldier’s delayed stardust-related claim the found delay in pursuing negligence inexcusable and said loss witnesses records made a fair trial impossible. it reserved costs issue for further submissions. upheld peter mcgarry’s against minister defence, ireland attor

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Courts Service · 2016-02-16 · courts

High Court awards Minister costs after applicants lost judicial review

high court awards minister costs after applicants lost judicial review the said certification for an appeal on a point of exceptional public importance did not, by itself, justify departing from usual rule that follow event. [2016] iehc 94 awarded to justice and equality were unsuccessful all points

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Courts Service · 2016-02-16 · courts

Court of Appeal dismisses challenge to seven-year custodial term in cannabis case

court of appeal dismisses challenge to seven-year custodial term in cannabis case the upheld a ten-year sentence, with final three years suspended, after finding no error principle sentencing process. has dismissed terry o’donoghue’s against sentence for unlawful possession supply, leaving place. we

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Courts Service · 2016-02-16 · courts

High Court sets aside refusal of broadband report access request

high court sets aside refusal of broadband report access request the found environmental information commissioner had applied too narrow a test, but left disclosure for to decide. [2016] iehc 91 has set decision refusing on options state intervention in rollout next-generation broadband, and sent ma

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Courts Service · 2016-02-16 · courts

High Court awards €130,000 in damages in sexual abuse case

high court awards €130,000 in damages sexual abuse case the found that a man had sexually assaulted plaintiff when he was boy, awarding general and aggravated civil action. [2016] iehc 97 awarded €105,000 €25,000 after finding defendant him repeatedly between about ages of seven ten. judgment delive

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Courts Service · 2016-02-16 · courts

High Court restricts three Manvik Ireland directors after finding irresponsible conduct

high court restricts three manvik ireland directors after finding irresponsible conduct the found that company’s first respondents failed to act responsibly before its 2011 liquidation, but declined restrict two appointed in final months. [2016] iehc 122 has restricted former of limited they did not

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Courts Service · 2016-02-15 · courts

High Court refuses substantive relief in Nigerian asylum judicial review

high court refuses substantive relief in nigerian asylum judicial review the granted leave on amended grounds but upheld refugee appeals tribunal’s rejection of applicant’s appeal. it said tribunal was not required to consider regulation 5(2) rider without a finding past persecution. [2016] iehc 112

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Courts Service · 2016-02-15 · courts

High Court quashes asylum appeal decision over error in tribunal’s opening section

high court quashes asylum appeal decision over error in tribunal’s opening section the ordered a rehearing after finding that an incorrect description of basis for original refusal could have affected approach. [2016] iehc 85 quashed refugee appeals tribunal refusing anonymised applicant’s and sent

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Courts Service · 2016-02-15 · courts

High Court refuses leave to challenge shortened immigration permission and wedding postponement

high court refuses leave to challenge shortened immigration permission and wedding postponement the found no arguable basis either amendment one applicant’s remain or hse’s decision put proposed marriage on hold pending an investigation. [2016] iehc 99 refused two applicants bring judicial review pr

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Courts Service · 2016-02-15 · courts

High Court sets €350 costs per solicitor in practising certificate case

high court sets €350 costs per solicitor in practising certificate case the said law society could seek but not turn its usual figure into a fixed statutory demand. it ordered of for each four solicitors. [2016 no. 7sa] set at solicitors who obtained orders backdating certificates, ruling that treat

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Courts Service · 2016-02-15 · courts

High Court rules Irish objections do not bar surrender of anonymised man to France

high court rules irish objections do not bar surrender of anonymised man to france the rejected challenges a french european arrest warrant seeking enforce three-year sentence, and said it could order surrender. judgment does record that had taken place. [2016] iehc 82 has ruled no legal objection p

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Courts Service · 2016-02-15 · courts

Court cuts Perry Wharrie’s 30-year sentence over record cocaine seizure to 17½ years

court cuts perry wharrie’s 30-year sentence over record cocaine seizure to 17½ years of criminal appeal the has reduced prison for his role in what described as largest history state 17 and six months. wharrie had been convicted after a 41-day circuit trial cork offences under sections 3, 15 15a mis

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Courts Service · 2016-02-15 · courts

Court of Appeal dismisses Rattigan application seeking retrial over murder conviction

court of appeal dismisses rattigan application seeking retrial over murder conviction the granted dpp’s motion to dismiss a statutory based on supreme court’s damache ruling, finding it bound fail under reasoning in mckevitt. dismissed timothy rattigan’s his conviction, granting by director public p

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Courts Service · 2016-02-15 · courts

High Court refuses leave to challenge naturalisation refusal

high court refuses leave to challenge naturalisation refusal the found no arguable grounds for judicial review and also refused application because applicant had not disclosed when he was investigated in connection with a 2010 allegation. [2016] iehc 100 an seek of decision refusing ghanaian nationa

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Courts Service · 2016-02-15 · courts

Appeal court cuts activated sentence for knife robbery from six years to four

appeal court cuts activated sentence for knife robbery from six years to four the of found full activation excessive, citing appellant’s age, psychological report and nature later offences. it left two suspended on original conditions until july 2020. has reduced prison term against eddie darcy brea

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Courts Service · 2016-02-15 · courts

High Court orders Kildare council to give losing bidder detailed reasons

high court orders kildare council to give losing bidder detailed reasons the found that generic feedback on athy road consultancy tender failed explain why successful joint venture scored higher. it ordered further while retaining control of case. [2016] iehc 113 has county rps consulting engineers

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Courts Service · 2016-02-15 · courts

High Court refuses leave in challenge to child abuse investigation

high court refuses leave in challenge to child abuse investigation the refused an application for seek judicial review over disclosure ongoing agency appeal, and made permanent order restraining identification of people proceedings. [2016] iehc 101 p.o’t.’s family agency’s handling a complaint. soug

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Courts Service · 2016-02-15 · courts

High Court quashes refusal of subsidiary protection for applicant from Cameroon

high court quashes refusal of subsidiary protection for applicant from cameroon the found that minister’s assessment wrongly treated national ngos as part state-protection test, and ordered application reconsidered. [2016] iehc 108 has quashed a 2011 decision refusing to man directed minister justic

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Courts Service · 2016-02-15 · courts

High Court refuses leave in challenge over overturned summary conviction

high court refuses leave in challenge over overturned summary conviction the said appeal had been allowed by mistake after confusion between separate prosecution files, and refused judicial review because application was out of time. [2016] iehc 107 ireland james connolly to bring proceedings seekin

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Courts Service · 2016-02-15 · courts

High Court refuses leave to halt prosecution over changed charge dates

high court refuses leave to halt prosecution over changed charge dates the said date differences could be raised at trial and were not grounds stop in advance. [2016] iehc 98 refused an applicant seek order prohibiting his prosecution, ruling that complaints about should addressed unless they create

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Courts Service · 2016-02-15 · courts

DPP bid to increase €15,000 workplace safety fines fails over service of notice

dpp bid to increase €15,000 workplace safety fines fails over service of notice court appeal a prosecution have two imposed on gibson brothers (ireland) limited reviewed as unduly lenient has failed in the because required was not properly served company. company had pleaded guilty dundalk circuit c

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Courts Service · 2016-02-15 · courts

High Court rejects challenge to RTÉ election debate criteria

high court rejects challenge to rté election debate criteria the refused a green party candidate’s request review rté’s for its 2016 leaders’ debates, finding them reasonable and proportionate in circumstances. [2016] iehc 88 has judicial choosing participants debates ahead of general election. ms j

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Courts Service · 2016-02-15 · courts

High Court grants limited leave to challenge possession order over fair hearing concerns

high court grants limited leave to challenge possession order over fair hearing concerns the applicants may pursue judicial review on two arguable grounds linked an assistant’s arrest during hearing. did not quash order; it stayed pending final determination. [2016] iehc 110 has granted ray and susa

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Courts Service · 2016-02-15 · courts

High Court refuses challenge to second deportation order for Congolese applicant

high court refuses challenge to second deportation order for congolese applicant the extended time and granted leave on specified grounds, but refused substantive reliefs sought against minister’s decision. [2016] iehc 111 has relief by a who challenged order, while extending her judicial review app

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Courts Service · 2016-02-15 · courts

High Court orders surrender of S.F. to France to serve three-year sentence

high court orders surrender of s.f. to france serve three-year sentence the rejected objections under european arrest warrant, including arguments about offence correspondence, warrant’s detail, extraterritoriality, abuse process and health family circumstances. [2016] iehc 81 has ordered a prison i

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Courts Service · 2016-02-12 · courts

High Court dismisses appeal over attachment of agricultural grants

high court dismisses appeal over attachment of agricultural grants the upheld an order directing future qualifying payments to a credit union, finding represented existing obligation once required criteria were met. [2016] iehc 230 has dismissed by nicola o’neill against allowing ballinrobe union li

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Courts Service · 2016-02-12 · courts

High Court strikes out separate appeal over 2007 substitution order

high court strikes out separate appeal over 2007 substitution order mr justice max barrett discharged an extension granted by the master, leaving john harrington’s against 2015 possession extant. [2016] iehc 78 has struck a harrington concerning circuit order, while in place his for and mesne rates.

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Courts Service · 2016-02-12 · courts

Court of Appeal dismisses challenge to three-year sentence for attempted robbery

court of appeal dismisses challenge to three-year sentence for attempted robbery the found was not excessive and declined suspend any part it, citing serious aggravating factor appellant’s lack meaningful engagement with probation service. has dismissed bridget connors’s against severity a prison ro

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Courts Service · 2016-02-12 · courts

High Court lifts suspension on ESB overhead-lines framework contracts

high court lifts suspension on esb overhead-lines framework contracts the order allows to conclude with six successful tenderers while powerteam’s procurement challenge remains unresolved. [2016] iehc 87 has allowed electricity supply board (esb) for work, lifting an automatic a by powerteam electri

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Courts Service · 2016-02-12 · courts

Court of Appeal reduces Cork assault sentence from eight years to five

court of appeal reduces cork assault sentence from eight years to five the set aside original for an unprovoked head butt that caused life-threatening injuries, and suspended final year subject a two-year peace bond after release. has reduced kris collins’s eight-year prison serious in years, with 1

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Courts Service · 2016-02-12 · courts

High Court strikes out doctor’s judicial review over missing affidavit

high court strikes out doctor’s judicial review over missing affidavit the ruled that applicant had not met a condition attached to permission bring case: he was required swear personal verifying facts. [2016] iehc 93 proposed strike of medical council’s decision remove him from register practitione

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Courts Service · 2016-02-11 · courts

Supreme Court upholds ruling against five-month jail sentence imposed on absent Tallaght defendant

supreme court upholds ruling against five-month jail sentence imposed on absent tallaght defendant the has upheld a that district judge should not have prison jason o’brien in his absence after road traffic trial tallaght. mr faced charges of driving without tax, insurance or licence. he had attende

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Courts Service · 2016-02-11 · courts

District Court makes time-limited care orders for three children, with reviews in 2017

district court makes time-limited care orders for three children, with reviews in 2017 the found that children had suffered physical and emotional abuse wilful neglect. it made separate each child, directions therapeutic support, access review. [2016] iedc 02 (an chúirt dúiche) after finding they ru

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Courts Service · 2016-02-11 · courts

High Court refuses to halt pending indecent-assault trial over newspaper material

high court refuses to halt pending indecent-assault trial over newspaper material the found no real and unavoidable risk of an unfair from limited accounts held by irish examiner declined prohibition, a stay other relief. [2016] iehc 74 has refused application stop or criminal man identified in judg

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Courts Service · 2016-02-11 · courts

High Court dismisses challenge to 29-turbine Offaly wind farm permission

high court dismisses challenge to 29-turbine offaly wind farm permission the rejected applicants’ remaining grounds for judicial review of an bord pleanála’s 2014 yellow river farm, finding they had not discharged burden proof. [2016] iehc 90 dismissed a near rhode, county offaly. mr justice fullam

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Courts Service · 2016-02-10 · courts

High Court defers decision on lender’s request to substitute debt assignee

high court defers decision on lender’s request to substitute debt assignee the required further evidence tracing sale of a hire-purchase before it would decide whether consumer auto could replace permanent tsb in appeal. [2016] iehc 75 has deferred finance limited’s receivables limited as applicant

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Courts Service · 2016-02-10 · courts

Central Criminal Court allows proposed date changes to indecent assault indictment

central criminal court allows proposed date changes to indecent assault indictment the ruled that changing alleged offence dates would not breach european arrest warrant specialty rule or cause injustice, after an earlier trial on other charges. [2016] ieccc 1 of three charges could be made without

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Courts Service · 2016-02-10 · courts

Court of Appeal allows late appeals by two solicitors

court of appeal allows late appeals by two solicitors the held it had jurisdiction to extend 21-day period and extended time dates notices were filed. did not decide either appeal’s merits. has for john tobin patrick e. callanan high orders concerning their solicitor practices, allowing both proceed

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Courts Service · 2016-02-10 · courts

Court of Appeal dismisses Kathleen Quinn’s appeal over €1.86m Bank of Ireland judgment

court of appeal dismisses kathleen quinn’s over €1.86m bank ireland judgment the upheld summary judgment, finding 2010 loan was a housing and that affidavit evidence did not establish bona fide defence requiring full hearing. has dismissed against high order giving governor company for €1,859,734.31

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Courts Service · 2016-02-10 · courts

Court of Appeal dismisses patient’s appeal in hospital information dispute

court of appeal dismisses patient’s in hospital information dispute the upheld high court’s findings that had properly informed a patient about his treatment and mrsa test results. it also said distress without recognised psychiatric injury did not support damages on case presented. has dismissed pa

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Courts Service · 2016-02-10 · courts

Court of Appeal dismisses challenge to dismissal of measles vaccine injury claim

court of appeal dismisses challenge to dismissal measles vaccine injury claim the upheld a high decision dismiss at close plaintiff’s evidence, finding there was no prima facie case for defendants answer. has dismissed an by alan o’leary, minor represented his sister and next friend, against over di

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Courts Service · 2016-02-09 · courts

High Court orders Shiels Plant Hire to provide security for Meath County Council’s costs

high court orders shiels plant hire to provide security for meath county council’s costs the granted application in a contract and commercial-interference dispute, citing company’s lack of meaningful financial information. underlying claim was not decided. [2016] iehc 71 has ordered p. limited its o

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Courts Service · 2016-02-09 · courts

High Court to enter €3.89m judgment against three guarantors of development loans

high court to enter €3.89m judgment against three guarantors of development loans the rejected defendants’ grounds for leave defend a bank’s summary claim, but said it would hear counsel on interest. [2016] iehc 69 has proposed entering €3,893,135.06 property company, after rejecting their request c

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Courts Service · 2016-02-09 · courts

High Court says care allowance evidence was not properly considered

high court says care allowance evidence was not properly considered the refused to quash two refusals of domiciliary because a statutory appeal remained available, but declared that decision-making process failed consider evidence. [2016] iehc 70 declined decisions refusing an applicant for her son,

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Courts Service · 2016-02-09 · courts

Court of Appeal dismisses challenge to five-year burglary sentence

court of appeal dismisses challenge to five-year burglary sentence the held that sentence, including suspended final year, properly reflected seriousness offence and mitigating factors. has dismissed christopher dunne’s against severity a prison for burglary, with year suspended. judgment, delivered

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Courts Service · 2016-02-08 · courts

Garda awarded €185,000 plus agreed loss of earnings after dog attack

garda awarded €185,000 plus agreed loss of earnings after dog attack the high court found 2008 worsened applicant’s pre-existing back condition and caused other injuries. it assessed compensation at €120,000 for past pain suffering €65,000 future suffering, with special damages also payable. [2016]

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Courts Service · 2016-02-08 · courts

High Court refuses surrender to Italy over gaps in trial-in-absence assurance

high court refuses surrender to italy over gaps in trial-in-absence assurance the rejected objections based on delay and italy’s pre-2002 extradition declaration, but held that warrant did not meet statutory requirements for after an absentia conviction. [2016] iehc 83 has refused aisha ahmed, also

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Courts Service · 2016-02-08 · courts

High Court refuses leave for second challenge to Italian evidence request

high court refuses leave for second challenge to italian evidence request the said was not arguable, out of time and should also be refused as an abuse process non-disclosure. it lifted interim undertaking limited respondents’ costs one hearing. [2016] iehc 55 frank agrama bring a judicial review ch

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Courts Service · 2016-02-08 · courts

Court of Appeal rejects bid to increase sentences over Meath cannabis grow house

court of appeal rejects bid to increase sentences over meath cannabis grow house the dismissed dpp’s applications review three as unduly lenient and also rejected choung vu’s against severity his sentence. has refused imposed on men convicted offences arising from a in ballinlough, kells, co meath.

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Courts Service · 2016-02-08 · courts

High Court refuses Dan Philpott’s bid to have Irish Examiner articles removed

high court refuses dan philpott’s bid to have irish examiner articles removed the found neither article defamatory in its opinion and considered newspaper’s absolute privilege defence likely succeed. it refused all relief sought interlocutory application. [2016] iehc 62 application for orders stop r

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Courts Service · 2016-02-05 · courts

High Court refuses Dormers’ amendment bid and strikes out proceedings

high court refuses dormers’ amendment bid and strikes out proceedings the refused paul gerard dormer leave to add a fraud-based claim against allied irish bank two individuals, then struck existing as disclosing no reasonable cause of action amounting an abuse process. [2016] iehc 109 court, commerc

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Courts Service · 2016-02-05 · courts

High Court refuses to stop sexual assault prosecution over deleted phone video

high court refuses to stop sexual assault prosecution over deleted phone video the held that footage of events after alleged was not vital a fair trial and found no real unavoidable risk unfairness. it refused all relief sought in judicial review. [2016] iehc 61 {'name': 'high court', 'division_or_l

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Courts Service · 2016-02-05 · courts

High Court rejects retrospective surcharge interest in Benray loan redemption dispute

high court rejects retrospective surcharge interest in benray loan redemption dispute the ruled that a 4% default was an unenforceable penalty and excluded it from figure. parties were to update balance, with costs of modular hearing some other reliefs left for later determination. [2016] iehc 68 co

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Courts Service · 2016-02-05 · courts

Architectural technician liable for defective foundation certificates; €278,525 awarded

architectural technician liable for defective foundation certificates; €278,525 awarded the high court found owed homebuyers a duty of care and damages repairs, reduced property value, chimney work disruption. it rejected their claim extensive works to correct house’s tilt. [2016] iehc 59 an who neg

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Courts Service · 2016-02-05 · courts

High Court awards AIB €1.648m judgment on Deirdre Yates guarantee

high court awards aib €1.648m judgment on deirdre yates guarantee the found that had shown no arguable defence to bank’s summary claim over celtic bookmakers’ loan debt. [2016] iehc 60 has awarded allied irish banks plc for €1,648,147.97 against under a borrowing by bookmakers ltd, after finding she

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Courts Service · 2016-02-05 · courts

High Court moves to restrain HSE investigation into five Áras Attracta nurses

high court moves to restrain hse investigation into five áras attracta nurses the found had made a strong case that procedures formed part of their employment contracts, but reserved terms its order for further hearing. [2016] iehc 73 said it would hse’s current psychiatric assigned and prevent inve

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Courts Service · 2016-02-05 · courts

Court of Appeal upholds harassment conviction but suspends remaining jail term for Elvis Aliphon

court of appeal upholds harassment conviction but suspends remaining jail term for elvis aliphon the has upheld aliphon’s arising from a campaign unwanted contact with former partner in dublin, while suspending portion his prison sentence related assault and theft offences. complainant, meenakshi bh

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Courts Service · 2016-02-04 · courts

High Court rejects challenge to Limerick retail development permission

high court rejects challenge to limerick retail development permission the upheld board’s approach an application revising existing, partly built development, while requiring current planning policies be considered for proposed changes. [2016] iehc 84 court, commercial has refused a bord pleanála’s

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Courts Service · 2016-02-04 · courts

Supreme Court overturns €75,000 award for services on French development

supreme court overturns €75,000 award for services on french development the allowed an appeal against a high award, finding that quantum meruit claim had not been pleaded and was unsupported by sufficient valuation evidence. paul blanchfield to mark reynolds connected with property in france. held

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Courts Service · 2016-02-04 · courts

Court of Appeal sets aside €493,037 award over delay in sexual assault claim

court of appeal sets aside €493,037 award over delay in sexual assault claim the ruled that high should have dismissed before trial, finding unexplained and death a key potential witness created significant prejudice to defendant. set jury €493,037.47 caroline mcnamee after ruling her civil against

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Courts Service · 2016-02-04 · courts

Court upholds two-year sentence for man who posted pig's head to Clare garda

court upholds two-year sentence for man who posted pig's head to clare garda of appeal the has upheld imposed on brendan mahoney posting a decomposing kilkee home serving garda, rejecting director public prosecutions' claim that penalty was unduly lenient. unanimously convicted after four-day trial

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Courts Service · 2016-02-03 · courts

Supreme Court dismisses Sweetman appeal over Corrib terminal security condition

supreme court dismisses sweetman appeal over corrib terminal security condition the held was moot after shell and mayo county council completed reinstatement arrangements accepted them. dismissed peter sweetman’s a planning requiring for eventual of gas site, finding that had become outstanding were

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Courts Service · 2016-02-03 · courts

High Court rejects soldier’s challenge to discharge after positive drug tests

high court rejects soldier’s challenge to discharge after positive drug tests the dismissed a judicial review application over defence forces discharge, finding no procedural unfairness or failure consider available options. [2016] iehc 53 has former private’s his for cocaine metabolite, basis quash

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Courts Service · 2016-02-03 · courts

Court of Appeal orders fuller particulars of hip-device defence

court of appeal orders fuller particulars hip-device defence the upheld an order requiring two defendants to outline scientific and technical knowledge relevant their statutory defence, while narrowing request one particular. has required depuy give a in personal injury action concerning allegedly d

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Courts Service · 2016-02-03 · courts

Court of Appeal dismisses Jerry Beades’s appeal against €291,042 judgment

court of appeal dismisses jerry beades’s against €291,042 judgment the found no credible or arguable defence to a personal guarantee for loans advanced property development company, leaving high in place. has dismissed ordering him pay bernard and nancy mcdonnell €291,042, plus costs, over greencast

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Courts Service · 2016-02-03 · courts

High Court refuses to strike out man’s historical abuse claim

high court refuses to strike out man’s historical abuse claim the found plaintiff’s delay was neither inordinate nor inexcusable and provisionally concluded that not barred by statute of limitations. it did decide whether alleged occurred. [2016] iehc 49 has refused proceedings brought a man who all

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Courts Service · 2016-02-03 · courts

Court of Appeal quashes Redress Board’s refusal to consider late application

court of appeal quashes redress board’s refusal to consider late application the held that board had applied wrong legal test a former industrial school resident’s request for an extension time. it sent matter back reconsideration; did not grant or itself extend deadline. has quashed residential ins

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Courts Service · 2016-02-03 · courts

District Court orders agency to pay grandmother’s legal costs for care order reviews

district court orders agency to pay grandmother’s legal costs for care order reviews the allowed a maternal grandmother and approved foster carer’s application arising from after order, with amount be taxed if parties cannot agree. [2016] iedc 01 an chúirt dúiche / ordered health service executive o

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Courts Service · 2016-02-02 · courts

Court of Appeal dismisses Garda groups’ challenge to sick pay regulations

court of appeal dismisses garda groups’ challenge to sick pay regulations the held that fair procedures did not require consultation before generally applicable extended a new scheme gardaí. it left questions about how two provisions operate for concrete future case. has dismissed by representative

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Courts Service · 2016-02-02 · courts

High Court reserves costs of Ryanair discovery motion for trial judge

high court reserves costs of ryanair discovery motion for trial judge the said ryanair’s application over delayed state was likely to have failed, but reserved its until after substantive dispute is tried. [2016] iehc 48 has now moot who will hear underlying dispute, following a judgment delivered o

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Courts Service · 2016-02-02 · courts

High Court dismisses challenge to gender quota law because plaintiff lacked standing

high court dismisses challenge to gender quota law because plaintiff lacked standing the did not rule on quota’s constitutionality, finding had shown that caused his exclusion from fianna fáil’s dublin central candidate selection convention. [2016] iehc 35 dismissed a constitutional linking state fu

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Courts Service · 2016-02-02 · courts

Receiver awarded only part of costs in tenant’s failed appeal

receiver awarded only part of costs in tenant’s failed appeal the high court found receiver’s interests overlapped with tenancy board’s and limited his award to procedural attendances. [2016] iehc 36 has a certain attendances statutory appeal, but not fully participating hearing. mr justice baker ru

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Courts Service · 2016-02-02 · courts

High Court refuses challenge to order affirming teenager’s detention sentence

high court refuses challenge to order affirming teenager’s detention sentence the held that circuit acted within its jurisdiction after young appellant failed pursue his appeal. it said a should be satisfied place is available before directing child’s committal warrant, but refused judicial review i

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Courts Service · 2016-02-02 · courts

Court of Appeal increases Stephen Nolan sentence after Ballymun robbery and assault

court of appeal increases stephen nolan sentence after ballymun robbery and assault the has increased imposed on finding that original punishment failed to reflect seriousness two violent offences, including a at poppintree terrace in ballymun. director public prosecutions sought review grounds undu

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Courts Service · 2016-02-02 · courts

Court of Appeal dismisses challenge to sick-pay regulations for gardaí

court of appeal dismisses challenge to sick-pay regulations for gardaí the found no duty consult garda representative association before were made, while leaving open possibility a separate claim over unclear provisions. has dismissed by (gra) and amy bourke public service that applied members an sí

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Courts Service · 2016-02-02 · courts

Court of Appeal upholds 10-year sentence for planned cocaine importation from Brazil

court of appeal upholds 10-year sentence for planned cocaine importation from brazil the has upheld a ten-year imposed on sunny idah recruiting undercover gardaí, whom he believed to be drug couriers, import into ireland. pleaded guilty soliciting another person commit an offence involving cocaine.

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Courts Service · 2016-02-02 · courts

High Court sets aside second renewal of summons in estate dispute

high court sets aside second renewal of summons in estate dispute the ruled it lacked jurisdiction to renew after first had expired; did not determine underlying claims against solicitors. [2016] iehc 37 set an order that renewed a plenary for time over administration estate, ruling application came

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Courts Service · 2016-02-01 · courts

High Court dismisses Kelly Builders’ insurance claim over Maynooth fire

high court dismisses kelly builders’ insurance claim over maynooth fire the found abc extinguisher supplied for roof repairs was not fully charged, breaching a policy condition. it dismissed company’s indemnity and related relief. [2016] iehc 72 builders (rosemount) limited’s against hcc underwritin

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Courts Service · 2016-02-01 · courts

High Court rejects Keelgrove applicants’ bid to challenge mortgage and receiver’s sale

high court rejects keelgrove applicants’ bid to challenge mortgage and receiver’s sale the dismissed a companies act directions application as an unsuitable way contest mortgage, appointment property sale. it did not decide whether was validly executed or determine claimed tenancy. [2016] iehc 65 by

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Courts Service · 2016-02-01 · courts

High Court rules it can consider two UK arrest warrants against Noor Khan

high court rules it can consider two uk arrest warrants against noor khan the found no need to choose between and ordered surrender on northern ireland warrant. deferred a final decision leeds because had not formally consented in writing. [2018] iehc 812 ruled that could perform its statutory funct

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Courts Service · 2016-02-01 · courts

High Court says termination notice to Part 4 tenant had to give a reason

high court says termination notice to part 4 tenant had give a reason the allowed an appeal on point of law and sent tenant’s complaint back for fresh tribunal hearing, where statutory provision harmless omissions could be considered. [2016] iehc 41 has ruled that landlord’s ending tenancy state ter

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