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Courts Service · 2016-03-18 · courts

High Court grants leave to challenge credit card judgment over missing agreement

high court grants leave to challenge credit card judgment over missing agreement the allowed a judicial review proceed on limited fairness ground and stayed enforcement of circuit orders pending case’s final determination. [2016] iehc 154 has granted john crowley seek in debt case, finding it arguab

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Courts Service · 2016-03-18 · courts

High Court grants limited leave over cross-examination in child-access case

high court grants limited leave over cross-examination in child-access case the allowed c.j. to pursue a declaration about an expert report, while refusing other proposed relief and amendments. [2016] iehc 157 granted judicial review whether she should have been cross-examine social work team leader

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Courts Service · 2016-03-18 · courts

High Court refuses Romanian man’s challenge to jobseeker’s allowance refusal

high court refuses romanian man’s challenge to jobseeker’s allowance refusal the held that his short july 2014 employment was not a fixed-term contract and he had established year of continuous employment. [2016] iehc 206 has refused citizen’s application for judicial review decision refusing him al

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Courts Service · 2016-03-18 · courts

High Court awards €100,000 after rejecting claim of deliberate exaggeration

high court awards €100,000 after rejecting claim of deliberate exaggeration the found that a passenger sustained minor back injury in low-speed collision and rejected defendant’s application to dismiss her under section 26. [2016] iehc 137 awarded katarzyna plonka finding she suffered 2012 allegatio

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Courts Service · 2016-03-18 · courts

Court of Appeal dismisses bid to undo €650,000 consent judgment

court of appeal dismisses bid to undo €650,000 consent judgment the held that regret over settling a claim did not justify setting aside judgment, where judge had been told parties agreed it. has dismissed patrick o’connor’s against high refusal set entered him by in 2011. appeal, record number 2015

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Courts Service · 2016-03-18 · courts

Court of Appeal rejects bid to add expert reports to assault appeal

court of appeal rejects bid to add expert reports assault the said proposed evidence about blood and injuries could have been presented at trial refused leave introduce it this late stage. has rejected noel o’connor’s application two in his against an conviction, finding that issues raised put befor

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Courts Service · 2016-03-18 · courts

High Court finds farmer held Monaghan lands for more than 12 years

high court finds farmer held monaghan lands for more than 12 years the accepted patrick hamilton’s claim of exclusive possession by adverse possession, but left precise order later submissions. [2016] iehc 142 found that hamilton had been in and control nearly nine hectares land drumcanon, county mo

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Courts Service · 2016-03-18 · courts

Court of Appeal proposes lower damages in two road accident claims

court of appeal proposes lower damages in two road accident claims the found high court’s general awards disproportionate, but judgment excerpt ends with proposed replacement sums and does not record a final order. that awarded to rita anthony shannon after 2012 traffic were disproportionate their i

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Courts Service · 2016-03-18 · courts

High Court allows intended plaintiff to proceed as ‘Ms. Y.’ under asylum confidentiality law

high court allows intended plaintiff to proceed as ‘ms. y.’ under asylum confidentiality law the barred publication of information likely identify woman and permitted her residence be given dublin. it made order refugee act 1996 left undecided whether she would qualify civil (miscellaneous provision

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Courts Service · 2016-03-18 · courts

Court of Appeal rejects employer’s bid to remove jury from injury case

court of appeal rejects employer’s bid to remove jury from injury case the dismissed an over how a worker’s damages claims against alleged assailant and his employer should be tried. liability remain decided at trial. has by nationwide controlled parking systems limited decision allowing personal pr

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Courts Service · 2016-03-18 · courts

High Court orders 91-year-old woman into wardship after preferring psychiatrist’s evidence

high court orders 91-year-old woman into wardship after preferring psychiatrist’s evidence the found m.b. unable to manage her affairs and appointed general solicitor for wards of as committee. it also ruled that sage had no entitlement appear in proceedings. [2016] iehc 214 court, has admitted m.b.

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Courts Service · 2016-03-18 · courts

High Court orders public rehearing of application for summons against respondent

high court orders public rehearing of application for summons against respondent the quashed a district refusal made in chambers and remitted to be considered afresh public, without deciding its merits. [2016] iehc 153 has ordered judge reconsider an john kelly, after finding that had been heard leg

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Courts Service · 2016-03-18 · courts

Court of Appeal dismisses sentence appeal in sexual assault case

court of appeal dismisses sentence in sexual assault case the upheld a 10-year sentence, with final two years suspended, for man convicted 13 offences. it considered only against sentence. has dismissed an by j.c., upholding prison term suspended 10 counts indecent and three assault. judgment, deliv

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Courts Service · 2016-03-18 · courts

High Court refuses Revenue directions over A-Wear assets, leaving scope for a focused application

high court refuses revenue directions over a-wear assets, leaving scope for a focused application the found evidence insufficient to overturn receiver’s asset classifications in several disputed categories. it declined sought but said could apply again with questions and supporting evidence. [2016]

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Courts Service · 2016-03-18 · courts

High Court awards Portuguese workers damages for underpayment on Limerick road project

high court awards portuguese workers damages for underpayment on limerick road project the found that rac eire companies deliberately understated workers’ hours and made improper deductions. it awarded contractual interest, while rejecting some claims leaving others undecided. [2016] iehc 152 has ru

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Courts Service · 2016-03-18 · courts

Court of Appeal dismisses guarantors’ challenge to £500,000 bank judgment

court of appeal dismisses guarantors’ challenge to £500,000 bank judgment the upheld summary against michael and brigid quinn, finding they had not shown an arguable defence bank’s claim under a guarantee for cloughvalley stores’ debts. appeal, civil has dismissed quinn’s high order granting norther

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Courts Service · 2016-03-18 · courts

High Court refuses to halt disciplinary inquiry after garda’s criminal acquittal

high court refuses to halt disciplinary inquiry after garda’s criminal acquittal the held that and end of a separate gsoc investigation did not bar internal proceedings. it found no basis prohibit on grounds delay, unfairness or legitimate expectation. [2016] iehc 175 has refused application stop pr

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Courts Service · 2016-03-18 · courts

High Court grants mother leave to challenge care order and access arrangements

high court grants mother leave to challenge care order and access arrangements the extended time allowed a judicial review proceed. it did not decide whether or agency’s decision was unlawful. [2016] iehc 156 has proceed with circuit child family for contact her three children. application granted o

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Courts Service · 2016-03-18 · courts

High Court refuses leave to challenge GSOC complaint decision

high court refuses leave to challenge gsoc complaint decision the refused an application for seek judicial review, finding was out of time and unarguable. it also rejected requests concerning inquiry, earlier judgment, costs a hearing recording. [2016] iehc 155 denis flanagan review garda síochána o

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Courts Service · 2016-03-18 · courts

High Court refuses to halt dangerous-driving death trial after six-year delay

high court refuses to halt dangerous-driving death trial after six-year delay the found blameworthy prosecutorial but ruled that prejudice claimed did not outweigh public interest in a trial. application for prohibition was refused; charge remains be tried. [2016] iehc 144 has refused an stop danger

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Courts Service · 2016-03-16 · courts

High Court joins four children to judicial review of care orders

high court joins four children to judicial review of care orders the appointed a guardian ad litem represent in challenge lasting until they reach adulthood. it did not decide itself. [2016] iehc 140 has joined as notice parties challenging that placed them child and family agency’s mr justice mcder

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Courts Service · 2016-03-16 · courts

Court of Appeal says it cannot hear uncertified appeal against surrender order

court of appeal says it cannot hear uncertified against surrender order the ruled that a high certificate was required to and notice filed without one invalid. appeal, civil has lacked jurisdiction francis lanigan’s an for his northern ireland because had refused certify appeal. ordered minister jus

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Courts Service · 2016-03-16 · courts

High Court awards €153,150 to warehouse worker over back injury

high court awards €153,150 to warehouse worker over back injury the found windcanton ireland ltd liable for inadequate training and excessive work pressure, awarded damages after a hearing on liability quantum. [2016] iehc 194 finding negligent in breach of statutory duty he suffered while handling

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Courts Service · 2016-03-16 · courts

Court of Appeal finds Kilvinane turbines unauthorised, proposes use ban and dismantling order

court of appeal finds kilvinane turbines unauthorised, proposes use ban and dismantling order the found material deviations from 2002 planning permission but invited further submissions on orders’ precise terms. it proposed a restraint stayed pending decision substituted consent. that three wind wer

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Courts Service · 2016-03-16 · courts

Supreme Court dismisses civil servant’s appeal over legal course fee refund

supreme court dismisses civil servant’s appeal over legal course fee refund the ruled that donna sfar’s judicial review challenge was brought out of time, while overturning high court’s finding she had lacked candour. [317/2011] dismissed against refusal her to revenue commissioners’ decision not fu

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Courts Service · 2016-03-16 · courts

High Court orders limited discovery in O’Brien’s tax disclosure claim

high court orders limited discovery in o’brien’s tax disclosure claim the allowed of records concerning 2013 a case stated and related material, but refused broader requests three other categories. [2016] iehc 138 has ordered denis damages against revenue commissioners two officers over disclosures

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Courts Service · 2016-03-16 · courts

High Court rules most relief moot in prison promotion challenges

high court rules most relief moot in prison promotion challenges the found that applicants’ accepted promotions made their requests to quash or halt selection process moot. a claim for declaration remained justiciable; damages were not part of existing proceedings. [2016] iehc 203 ruled sought by tw

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Courts Service · 2016-03-16 · courts

Supreme Court grants solicitors a capped charge over Lett’s litigation costs

supreme court grants solicitors a capped charge over lett’s litigation costs the ordered of up to €1,128,408 and set directions for held or payable, while leaving any priority dispute with pine investments unresolved. has declared that matheson, who represented lett & company limited in earlier proc

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Courts Service · 2016-03-15 · courts

High Court refuses stay in hotel sale damages case

high court refuses stay in hotel sale damages case the defendant sought to pause until an appeal concerning liquidator’s removal was decided. refused, finding no material prejudice before that judgment. [2016] iehc 191 has refused a action over failed purchase of hazel while separate plaintiff’s pos

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Courts Service · 2016-03-15 · courts

High Court rejects witness’s claims over Garda protection programme

high court rejects witness’s claims over garda protection programme the found no promise of relocation to a specified country or basis for damages, while recording continuing security commitments. it reserved form order further submissions. [2016] iehc 252 has rejected man’s that gardaí promised him

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Courts Service · 2016-03-15 · courts

AIB wins €1.026m summary judgment; three loan claims sent to trial

aib wins €1.026m summary judgment; three loan claims sent to trial the high court entered judgment against victoria casey on agreements her handwriting expert said she had signed, while remitting other a plenary hearing. [2016] iehc 193 for allied irish banks plc €1,026,075.67 casey, but bank’s unde

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Courts Service · 2016-03-15 · courts

High Court awards AIB €216,000 against guarantor, refusing interest before judgment

high court awards aib €216,000 against guarantor, refusing interest before judgment the found no arguable defence to bank’s guarantee claim, while declining award it sought because amount and rates were not specified. [2016] iehc 192 has entered for allied irish banks plc victoria casey in a dispute

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Courts Service · 2016-03-15 · courts

Supreme Court dismisses Freemans’ appeal over receiver’s appointment

supreme court dismisses freemans’ appeal over receiver’s appointment the held that bank’s failure to register as owner of mortgage charge did not invalidate appointment, while identifying a registration problem affecting buyers two properties. has dismissed anthony and miriam freeman’s against dismi

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Courts Service · 2016-03-15 · courts

Court of Appeal quashes Anglo Irish Bank convictions over evidence and time limit

court of appeal quashes anglo irish bank convictions over evidence and time limit the ruled that substantive tax offence was outside statutory business records were admitted without needed to establish their admissibility. it also found case against bernard daly on conspiracy counts too tenuous go a

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Courts Service · 2016-03-15 · courts

High Court strikes out claims over auction of seven properties

high court strikes out claims over auction of seven properties the ruled that against firm and receiver could not proceed, while leaving receiver’s appointment for appeal process in a separate case. [2016] iehc 166 has struck thomas kearney’s proceedings property consultancy allsop ireland, dng gill

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Courts Service · 2016-03-15 · courts

High Court refuses injunction over Irish Water meter cover outside Mullingar home

high court refuses injunction over irish water meter cover outside mullingar home the found installation was on a public footpath, not homeowner’s property, and said evidence did establish substantial risk of danger. [2016] iehc 271 refused application for injunctions against installed footpath his

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Courts Service · 2016-03-15 · courts

High Court rejects Dunnes Stores bid to force Aldi to choose between remedies

high court rejects dunnes stores bid to force aldi choose between remedies the refused an early election general damages and account of profits in trademark case, holding that could pursue both claims at this stage. [2016] iehc 256 has stores’ application require (ireland) limited gmbh & co. kg befo

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Courts Service · 2016-03-15 · courts

Court of Appeal orders 15 months in custody after overturning fully suspended rape sentence

court of appeal orders 15 months in custody after overturning fully suspended rape sentence the found original for and sexual assault was unduly lenient because it full, while recognising unusual admissions respondent’s voluntary return to ireland. set aside a imposed on magnus meyer hustveit ordere

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Courts Service · 2016-03-15 · courts

Appeal court reinstates suspended sentences with 240 hours’ community service for each man

appeal court reinstates suspended sentences with 240 hours’ community service for each man the of found original unduly lenient, but after considering men’s rehabilitation ordered no immediate custody and reimposed terms service. that imposed on edward collins james mallon cocaine offences were ulti

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Courts Service · 2016-03-15 · courts

High Court lets farmer discontinue challenge to bog designation with no costs order

high court lets farmer discontinue challenge to bog designation with no costs order the found that a national peatland review had made dispute moot, but neither side was responsible for change. it granted leave and ordered each bear its own costs. [2016] iehc 216 has allowed thomas deegan his of nor

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Courts Service · 2016-03-14 · courts

Court of Appeal dismisses asylum seeker’s appeal over refusal of permission to work

court of appeal dismisses asylum seeker’s over refusal permission to work the upheld high court’s dismissal a judicial review challenge, finding that appellant had no article 40.3 constitutional right while awaiting decision on his application. has dismissed an by anonymised burmese seeker who chall

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Courts Service · 2016-03-14 · courts

Court of Appeal divided over asylum seeker’s right to work after seven-year delay

court of appeal divided over asylum seeker’s right to work after seven-year delay a majority rejected nhv’s appeal, while judge gerard hogan dissented, finding the indefinite ban unconstitutional in his case. has an challenge ireland’s on claim is pending, but concluding that exclusion was as applie

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Courts Service · 2016-03-14 · courts

Court of Appeal allows solicitor’s appeal over delayed bid to tax client bill

court of appeal allows solicitor’s over delayed bid to tax client bill the held that a 2007 was valid for statutory time limit and found no basis refer it taxation under court’s inherent jurisdiction. allowed solicitor mary dorgan’s against high order referring her €120,855 taxation, ruling former s

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Courts Service · 2016-03-14 · courts

Court of Appeal refuses DPP bid to increase five-year drug sentence

court of appeal refuses dpp bid to increase five-year drug sentence the found lenient but ruled it was not a substantial departure from appropriate sentence, taking account respondent’s admissions, heroin addiction and sentencing judge’s discretion. has refused director public prosecutions applicati

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Courts Service · 2016-03-14 · courts

Court of Appeal allows Dunnes Stores appeal over €67,450 workplace injury award

court of appeal allows dunnes stores over €67,450 workplace injury award the set aside high court’s liability decision after finding employee had not used store’s assistance procedure and that her was caused by a failure in training or safety. allowed stores’ against to checkout operator who injured

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Courts Service · 2016-03-14 · courts

Court of Appeal allows moot prison detention appeal to proceed

court of appeal allows moot prison detention to proceed the said raised an issue exceptional public importance about consecutive sentence warrants and lawful custody. has allowed even though it found individual moot, citing issue’s relevance other cases. in ex tempore judgment delivered on 14 march

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Courts Service · 2016-03-11 · courts

High Court disqualifies three former Target Express directors

high court disqualifies three former target express directors the found respondents had not shown they acted responsibly in affairs of company, which entered liquidation with an estimated deficit exceeding €5.5 million. [2016] iehc 229 has made declarations restricting college freight limited, trade

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Courts Service · 2016-03-11 · courts

High Court disqualifies three former College Freight directors

high court disqualifies three former college freight directors the found that respondents had not shown they acted responsibly in affairs of company, which traded as target express and went into liquidation 2012. [2016] iehc 168 has declared limited, express, are subject to restrictions on acting co

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Courts Service · 2016-03-11 · courts

High Court rejects challenge to refusal of residence card

high court rejects challenge to refusal of residence card the denied judicial review relief, finding that pregnancy alone did not preserve eu citizen spouse’s worker status after six-month period had expired. [2016] iehc 130 has refused a pakistani national’s based on his marriage uk citizen, her ap

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Courts Service · 2016-03-11 · courts

Supreme Court dismisses appeal over possession of Aberdeen Lodge

supreme court dismisses appeal over possession of aberdeen lodge the said its dismissal a related appeal, which upheld receiver’s appointment elektron holdings limited’s assets, meant against order must also be dismissed. dismissed patrick halpin and ann keane’s high concerning lodge, at nos. 53 55

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Courts Service · 2016-03-11 · courts

Supreme Court dismisses appeal over receiver’s appointment to two companies

supreme court dismisses appeal over receiver’s appointment to two companies the held that ibrc could appoint a receiver at 4pm on 17 february 2012, when deadline for payment had passed. it left separate argument about earlier undecided. has dismissed an by patrick halpin and ann keane of elektron ho

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Courts Service · 2016-03-10 · courts

High Court awards farm worker half share of deceased farmer’s land and assets

high court awards farm worker half share of deceased farmer’s land and assets the found that years underpaid work assurances about an inheritance caused substantial detriment, but declined to award whole estate. [2016] iehc 255 has awarded gerard finnegan value farmland, stock machinery in estate ja

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Courts Service · 2016-03-10 · courts

High Court allows architectural company to be added to house claim

high court allows architectural company to be added house claim the declined decide whether against proposed defendant was time-barred on affidavit evidence alone. existing second must pay application costs, with enforcement stayed until proceedings end. [2016] iehc 520 allowed breffini and laura mo

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Courts Service · 2016-03-10 · courts

High Court sets aside extension of debtor’s protective certificate over material non-disclosure

high court sets aside extension of debtor’s protective certificate over material non-disclosure ms justice baker found that the insolvency practitioner’s ex parte application omitted information about proposed funding, danske bank’s proof debt and residence. set 40-day extension, without deciding wh

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Courts Service · 2016-03-08 · courts

High Court sets aside permission to enforce Albanian judgment in Ireland

high court sets aside permission to enforce albanian judgment in ireland the found no solid practical benefit allowing an company’s €433.1 million enforcement claim proceed against two italian energy companies. [2016] iehc 139 has set order company albaniabeg ambient sh.p.k. serve proceedings on com

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Courts Service · 2016-03-08 · courts

High Court restricts both directors of liquidated hotel operator

high court restricts both directors of liquidated hotel operator the found that failures to maintain and provide proper company records left significant payments insurance proceeds unexplained. it made restriction orders against under companies act 2014. [2016] iehc 145 has mjbch limited, finding th

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Courts Service · 2016-03-07 · courts

Supreme Court dismisses surgeon’s appeal over specialist register refusal

supreme court dismisses surgeon’s appeal over specialist register refusal the said advanced a new case that had not been pleaded or decided in high court, and found no error judgment under appeal. has dismissed medical council of ireland’s to enter him on register, finding rejecting arguments made t

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Courts Service · 2016-03-07 · courts

High Court refuses surrender over absence of Italian decision to put man on trial

high court refuses surrender over absence of italian decision to put man on trial the found that italy had not decided try alan gray when it issued european arrest warrant, so was prohibited under section 21a. [2016] iehc 128 has ruled cannot be surrendered a warrant because no been made him issued.

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Courts Service · 2016-03-07 · courts

High Court refuses surrender over absence of Italian decision to put Meegan on trial

high court refuses surrender over absence of italian decision to put meegan on trial the found that, when italy issued european arrest warrant, no had been made try patrick meegan. it held that was prohibited under section 21a. [2016] iehc 129 has ruled cannot be surrendered a warrant because him is

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Courts Service · 2016-03-07 · courts

High Court sends National Museum conservator’s employment status appeal back for reconsideration

high court sends national museum conservator’s employment status appeal back for reconsideration the rejected museum’s issue-estoppel argument but set aside appeals officer’s determination over inadequate findings and an email had no chance to address. [2016] iehc 135 has sent a decision that conser

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Courts Service · 2016-03-04 · courts

Court of Appeal dismisses challenge to refusal of corroboration warning

court of appeal dismisses challenge to refusal corroboration warning the found no basis overturn trial judge’s discretionary decision in an against convictions for sexual offences involving a child. 176/14 appeal; central criminal (trial court) dismissed r.a.’s his convictions, ruling that not give

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Courts Service · 2016-03-04 · courts

Court of Appeal rejects challenge to sentence for serious offending against child

court of appeal rejects challenge to sentence for serious offending against child after dismissing the conviction, refused separate severity, finding within range available trial judge. has r.a.’s severity a young by person in position trust. said imposed judge was available. judgment, delivered ex

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Courts Service · 2016-03-04 · courts

High Court grants AIB summary judgment in €3.48m loan dispute

high court grants aib summary judgment in €3.48m loan dispute the ruled that defendants had not shown a credible defence requiring plenary hearing, finding 2013 restructuring taken effect. [2016] iehc 121 has granted allied irish banks plc against patrick taylor and garech mcguinness for €3,483,773.

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Courts Service · 2016-03-04 · courts

Appeal court reduces prison terms for man convicted of child sexual abuse

appeal court reduces prison terms for man convicted of child sexual abuse the found that sentencing judge gave insufficient weight to rehabilitation and very low risk reoffending, while leaving other orders conditions described in judgment undisturbed. reduced sentences imposed on c. m. offences aga

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Courts Service · 2016-03-04 · courts

Supreme Court sends Moylist’s dispute with Ulster Bank back for trial

supreme court sends moylist’s dispute with ulster bank back for trial the set aside dismissal of moylist construction’s claims against and a receiver, ruling that complex issues were not suitable summary disposal. ireland has allowed an appeal by construction limited high order dismissing its procee

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Courts Service · 2016-03-04 · courts

High Court orders access to Waterford property and dismisses two O’Brien cases

high court orders access to waterford property and dismisses two o’brien cases the granted interlocutory relief over 84 poleberry limited for wexford properties, while dismissing of three claims staying third pending further submissions. [2016] iehc 133 receiver simon coyle concerning a rental sites

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Courts Service · 2016-03-04 · courts

High Court dismisses challenge by Mauritian family over student permission refusal

high court dismisses challenge by mauritian family over student permission refusal the held that family’s private and life claims did not require minister to consider them in this application, dismissed judicial review. it made no deportation order. [2016] iehc 132 a review brought two students thei

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Courts Service · 2016-03-04 · courts

Court of Appeal dismisses challenge to €367,467 bank judgment

court of appeal dismisses challenge to €367,467 bank judgment the held that david coleman had not shown a credible arguable defence danske bank’s claim under 2011 guarantee, and dismissed his against summary judgment. coleman’s high ordering him pay €367,467.12. he demonstrated bona fide guarantee.

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Courts Service · 2016-03-04 · courts

High Court rejects Breccia’s request to secure disputed loan sums pending appeals

high court rejects breccia’s request to secure disputed loan sums pending appeals the declined a stay or escrow payments that could obstruct two borrowers’ redemptions, but said second charges over their hospital shares provide temporary security if they gave undertakings. [2016] iehc 120 court, com

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Courts Service · 2016-03-04 · courts

Court of Appeal quashes manslaughter convictions over trial directions and procedure

court of appeal quashes manslaughter convictions over trial directions and procedure the found errors concerning venue, jury selection, witness availability, causation direction on duty care. it dealt only with convictions; a separate sentence review was not decided in this judgment. has quashed ele

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Courts Service · 2016-03-03 · courts

High Court awards €74,910.80 against uninsured driver in 2008 crash

high court awards €74,910.80 against uninsured driver in 2008 crash the found passenger’s injuries were caused by driver’s negligence, but dismissed his claim motor insurers bureau after finding he knew she was uninsured. [2016] iehc 149 awarded anthony doyle bridget lyons for suffered a road crash,

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Courts Service · 2016-03-03 · courts

Court of Appeal replaces 16-month term with suspended sentence after assault appeal

court of appeal replaces 16-month term with suspended sentence after assault the allowed david emerson’s and substituted a two-year for two years, citing his rehabilitation sentencing judge’s error in ruling out suspension. has an by emerson against severity prison causing harm, replacing it years o

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Courts Service · 2016-03-03 · courts

Court of Appeal quashes convictions over inadmissible vehicle-registration evidence

court of appeal quashes convictions over inadmissible vehicle-registration evidence the found that hearsay from garda pulse system made unsafe and ordered a retrial on both counts. has quashed derek lynch’s for post office robbery possessing firearm with intent to commit an indictable offence, rulin

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Courts Service · 2016-03-03 · courts

High Court refuses surrender over unexplained delay and serious family circumstances

high court refuses surrender over unexplained delay and serious family circumstances the rejected an age-based objection to but declined order respondent’s return uk, finding that administrative had weakened public interest recent tipped balance. [2016] iehc 180 has p.k. united kingdom face trial on

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Courts Service · 2016-03-03 · courts

Court of Appeal cuts concurrent sentences for handling stolen goods to three and a half years

court of appeal cuts concurrent sentences for handling stolen goods to three and a half years the found guilty pleas deserved greater weight, reduced six five-year suspended final months each. imposed on john mongan property, finding that his should have received weight. it replaced terms with month

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Courts Service · 2016-03-03 · courts

Supreme Court dismisses dentists’ appeal over HSE dental-treatment cuts

supreme court dismisses dentists’ appeal over hse dental-treatment cuts the held that a 1999 contract revision allowed to withdraw funding for categories of treatment meet budget limits. concerned dispute, not separate reduction fees. [2016] iesc (number supplied) ireland has dismissed an by dentist

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Courts Service · 2016-03-02 · courts

High Court lets most GE Money claim proceed but strikes out two remedies

high court lets most ge money claim proceed but strikes out two remedies the found claims 1–5 reasonably statable at this stage, while striking requests to remove lawyers from ppi cases and award defence costs in advance. [2016] iehc 172 has allowed five brought by capital woodchester limited financ

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Courts Service · 2016-03-02 · courts

Court of Appeal dismisses MIBI appeal over claims involving Setanta’s insolvency

court of appeal dismisses mibi over claims involving setanta’s insolvency the upheld high court’s interpretation that 2009 agreement can cover against drivers insured by setanta, while limiting its declaration to potential liability and leaving claimants subject agreement’s conditions. dismissed mot

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Courts Service · 2016-03-02 · courts

Court of Appeal upholds requests for further information in two Italian surrender cases

court of appeal upholds requests for further information in two italian surrender cases the dismissed appeals against high decisions to seek missing about convictions absentia, while saying formal orders compelling minister’s assistance were unnecessary. by giliola sadiku and giuliano gherine their

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Courts Service · 2016-03-02 · courts

High Court refuses McLoughlin injunction bid and grants relief to receivers

high court refuses mcloughlin injunction bid and grants relief to receivers the found no serious issue be tried in mrs mcloughlin’s application concerning two dublin properties, while granting receivers’ requested injunctions subject their undertaking as damages. [2016] iehc 522 refused an by carmel

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Courts Service · 2016-03-02 · courts

Court of Appeal upholds MIBI liability in principle for claims involving insurer insolvency

court of appeal upholds mibi liability in principle for claims involving insurer insolvency the dismissed mibi’s and affirmed high ruling on setanta-related claims, while leaving individual claimants’ eligibility insurance compensation fund question to be assessed case by case. has upheld a that mot

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Courts Service · 2016-03-02 · courts

Court of Appeal dismisses teacher’s challenge to transfer and paid leave

court of appeal dismisses teacher’s challenge to transfer and paid leave the upheld high court’s refusal quash decision, finding it was a reasonable management response. supplied judgment ends with appeal’s dismissal gives no separate ruling on administrative challenge. dismissed mary mceneaney’s ag

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Courts Service · 2016-03-02 · courts

Father awarded costs for four early child-care court dates

father awarded costs for four early child-care court dates a district judge found it would cause particular injustice to leave the bearing from initial stages of care proceedings. order covers in 2014 and goes no further. [2016] iedc 05 (an chúirt dúiche) ordered child family agency pay respondent f

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Courts Service · 2016-03-02 · courts

Court of Appeal upholds two summons renewals but rejects third

court of appeal upholds two summons renewals but rejects third the dismissed a consultant’s against in apartment owners’ cases, also an owner’s over second renewal made after his had lapsed. has upheld plenary summonses brought by jacqueline crowe and barry o’neill fire-protection consultant other d

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Courts Service · 2016-03-02 · courts

Court of Appeal dismisses scrap company’s challenge over waste licence

court of appeal dismisses scrap company’s challenge over waste licence the held that a could not be used by another operator through private arrangement, and affirmed high decision upholding district conviction. has dismissed midland metal company ltd.’s against did authorise to operate facility und

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Courts Service · 2016-03-02 · courts

Appeal court says MIBI may be liable for claims involving insolvent Setanta

appeal court says mibi may be liable for claims involving insolvent setanta the of varied high court’s answer to say motor insurers’ bureau ireland is potentially under 2009 agreement. individual and payments from insurance compensation fund remain assessed. has ruled that (mibi) pay against people

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Courts Service · 2016-03-02 · courts

Court of Appeal allows builders’ appeal over limitation ruling

court of appeal allows builders’ over limitation ruling the held that negligence claim accrued when damage appeared in december 2005, not defective foundations were installed. it sent case back to high without deciding whether damages should be assessed there. has allowed an by liam brandley and wjb

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Courts Service · 2016-03-02 · courts

Court of Appeal orders retrial over capacity to make final will

court of appeal orders retrial over capacity to make final will the allowed said laaser’s after finding that medical evidence was needed establish testator’s a hours before his death. 2015 no. 429 has an made death brian earls and ordered complete retrial. it did not decide whether july 2013 valid;

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Courts Service · 2016-03-01 · courts

Court of Appeal upholds activation of Patrick Heaphy’s suspended sentence

court of appeal upholds activation patrick heaphy’s suspended sentence the dismissed an over a three-year after repeated failures to attend required urinalysis appointments. against balance sentence, finding decision proportionate and identifying no error principle. heaphy had pleaded guilty in cork

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