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Courts Service · 2016-05-31 · courts

Court refuses DPP bid to increase sentence for syringe offence

court refuses dpp bid to increase sentence for syringe offence the of appeal found no error in principle a 12-month sentence, despite describing it as lenient, and refused director’s application review it. has an by director public prosecutions unduly lenient prison imposed on donna hutch possessing

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Courts Service · 2016-05-31 · courts

Appeal court replaces Mannion’s sentence but keeps him out of prison

appeal court replaces mannion’s sentence but keeps him out of prison the found jonathan wholly suspended five-year unduly lenient and imposed a two-year for two years. it dismissed director public prosecutions’ challenge to john martyn’s sentence. that on mannion possessing cannabis with intent sell

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Courts Service · 2016-05-31 · courts

High Court grants divorce and orders €500 weekly maintenance

high court grants divorce and orders €500 weekly maintenance the also proposed an adjustment to half of respondent’s amf fund adjourned consideration a possible lump sum tied future company sale. [2016] iehc 381 granted decree r.l. m.s. set out financial provision for applicant, including week in pe

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Courts Service · 2016-05-30 · courts

Court of Appeal replaces sentences in assault and false imprisonment case

court of appeal replaces sentences in assault and false imprisonment case the found original unduly lenient, quashed them imposed a three-year prison sentence, suspending balance subject to conditions. ruled that on brian mclaughlin for causing harm falsely imprisoning his then partner were lenient.

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Courts Service · 2016-05-30 · courts

High Court refuses challenge to duration of care orders

high court refuses challenge to duration of care orders the declined judicial review after finding that a circuit appeal and district procedures offered alternative ways orders. [2016] iehc 285 has refused mother’s application for made her four children, she had other available routes their duration

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Courts Service · 2016-05-30 · courts

Court of Appeal dismisses Noel Smith’s appeal against conviction

court of appeal dismisses noel smith’s against conviction the rejected most challenges to evidence admitted at trial, while finding that one witness statement should not have been admitted. it concluded error was peripheral and did affect trial’s overall fairness. has dismissed his for harassment, m

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Courts Service · 2016-05-30 · courts

High Court finds it unconscionable to deny property seller €99,000 after proceedings were dropped

high court finds it unconscionable to deny property seller €99,000 after proceedings were dropped the found no concluded contract with frank crowley, but ruled that his solicitor’s letter induced abandon a claim against clem kenny in return for funds held trust. [2016] iehc 293 favour of who receive

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Courts Service · 2016-05-30 · courts

Court of Appeal dismisses challenge to refusal of corroboration warning

court of appeal dismisses challenge to refusal corroboration warning the upheld trial judge’s decision not give a special jury in an concerning 16 indecent-assault convictions. against sentence was addressed this judgment. has dismissed k.c.’s conviction, finding that judge entitled refuse requested

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Courts Service · 2016-05-30 · courts

High Court orders discovery in former judge’s challenge to Bar rules, refuses split trial

high court orders discovery in former judge’s challenge to bar rules, refuses split trial the ordered production of specified work and financial records for barry white’s judicial review, but left underlying dispute a single trial. [2016] iehc 283 has white disclose his restrictions on judges practi

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Courts Service · 2016-05-30 · courts

Court of Appeal refuses DPP bid to increase suspended sentence for car arson

court of appeal refuses dpp bid to increase suspended sentence for car arson the called a borderline case but found no error principle and refused statutory review. has director public prosecutions application review three-year imposed on neil kelly setting fire garda’s at scarriff garda station. ju

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Courts Service · 2016-05-30 · courts

Court of Appeal dismisses John and Wayne Dundon’s conviction appeals

court of appeal dismisses john and wayne dundon’s conviction appeals the refused applications to add grounds introduce new evidence, then dismissed both affirmed convictions. against convictions entered by special criminal court. it also dundon leave argue additional adduce evidence. ruling did not

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Courts Service · 2016-05-30 · courts

High Court awards €105,000 for injuries from assault on Garda

high court awards €105,000 for injuries from assault on garda the found aggravated pre-existing spinal degeneration and caused physical psychological injury, but rejected claim that ill health garda’s retirement. [2016] iehc 301 assessed compensation a injured during 1998 in salthill at pain sufferi

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Courts Service · 2016-05-30 · courts

High Court refuses solicitor-file access application brought by special summons

high court refuses solicitor-file access application brought by special summons the said client must seek to two files through his pending plenary proceedings against solicitors. [2016] iehc 284 refused an accountant’s obtain held solicitor, ruling that he separate already in a judgment delivered on

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Courts Service · 2016-05-27 · courts

High Court refuses South African asylum applicant’s judicial review

high court refuses south african asylum applicant’s judicial review the found no error of law or breach fair procedures in refugee appeals tribunal’s decision to reject appeal. [2016] iehc 276 has refused a man’s application for rejecting his appeal, finding that was not vitiated by an procedures. j

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Courts Service · 2016-05-27 · courts

District Court awards mother costs after finding child-care proceedings were necessary

district court awards mother costs after finding child-care proceedings were necessary the ordered child and family agency to pay applicant mother’s costs, be taxed if parties could not agree. ruling concerned in about a child’s care, separate decision approve secure care. [2016] iedc 09 of an it wa

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Courts Service · 2016-05-27 · courts

Court of Appeal dismisses school transport tender appeal

court of appeal dismisses school transport tender the held there was no concluded written contract between education minister and bus éireann for scheme, said that even if one existed, would fail on other grounds. has dismissed an by student scheme ltd. (sts) over failure to put out 2011–2012 year.

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Courts Service · 2016-05-27 · courts

High Court refuses Mountjoy prisoner’s bid for release after suspended sentences were reactivated

high court refuses mountjoy prisoner’s bid for release after suspended sentences were reactivated the held that a later declaration invalidating statutory reactivation procedure did not apply retrospectively to applicant’s case. his appeal against remained pending. [2016] iehc 278 has refused an app

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Courts Service · 2016-05-27 · courts

High Court quashes Malawi asylum appeal decision over unaddressed imputed-sexuality claim

high court quashes malawi asylum appeal decision over unaddressed imputed-sexuality claim the found that refugee appeals tribunal failed to assess one core ground of applicant’s claim, while upholding its credibility findings on her activism claim. [2016] iehc 275 quashed a refusing malawian woman’s

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Courts Service · 2016-05-27 · courts

High Court exempts Clones Credit Union from debtor’s protective certificate

high court exempts clones credit union from debtor’s protective certificate the found that undisclosed family loan charges created specific prejudice by preventing challenging their validity during protection period. [2016] iehc 279 has ruled a personal insolvency does not apply to limited, after fi

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Courts Service · 2016-05-26 · courts

High Court refuses Dunnes Stores’ bid to appeal dismissal of Ferrybank planning challenge

high court refuses dunnes stores’ bid to appeal dismissal of ferrybank planning challenge the declined certify either proposed point law as exceptionally important, leaving ineligible for leave it sought. [2016] iehc 263 has refused application a certificate that would allow seek its judicial review

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Courts Service · 2016-05-26 · courts

High Court refuses challenge to sentence imposed in defendant’s absence

high court refuses challenge to sentence imposed in defendant’s absence the found that a man who repeatedly missed sentencing dates had been given opportunities attend and be heard before receiving two-month prison sentence. [2016] iehc 258 refused mervin white’s application overturn his after he fa

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Courts Service · 2016-05-26 · courts

High Court declines challenge to burglary trial on indictment

high court declines challenge to burglary trial on indictment the rejected an application stop a circuit trial, finding dpp had consistently directed that surviving charge proceed indictment. [2016] iehc 266 has declined edward hanrahan’s his return for charge, leaving prosecution before proceed. mr

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Courts Service · 2016-05-26 · courts

Appeal court suspends final nine months of jeweller theft sentence

appeal court suspends final nine months of jeweller theft sentence the set aside moise rostas’s three-year after finding it rested on an error about who was present during theft, then re-sentenced him with conditions. prison for stealing €20,000 worth jewellery from a castleblayney shop that sentenc

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Courts Service · 2016-05-26 · courts

High Court rules indirect investors cannot pursue claims over lost Thema fund assets

high court rules indirect investors cannot pursue claims over lost thema fund assets the decided preliminary legal issues in two madoff-related claims, holding that plaintiffs were not unit-holders and their claimed losses reflective of suffered by thema. it reserved form order. [2016] iehc 363 cour

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Courts Service · 2016-05-26 · courts

Court of Appeal upholds three-year sentence for Darren Canning over Dublin apartment burglary

court of appeal upholds three-year sentence for darren canning over dublin apartment burglary the has upheld a prison imposed on burgling apartment. pleaded guilty at circuit after an incident march 1, 2015. passing luas driver saw him smashing ground-floor window block and alerted control room. cct

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Courts Service · 2016-05-26 · courts

High Court orders Clare County Council to take Westpark estate into charge

high court orders clare county council to take westpark estate into charge the found that mandatory provision in planning law applied unfinished spanish point and granted an order of mandamus directing comply with it. [2016] iehc 262 has ordered its statutory obligations over westpark, housing at po

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Courts Service · 2016-05-26 · courts

High Court rejects one ground in prisoner's challenge to warrant

high court rejects one ground in prisoner's challenge to warrant the ruled that warrant’s failure expressly state offence was minor did not make it invalid on its face. other parts of constitutional application remained pending. [2016] iehc 287 dismissed part a prisoner’s committing him prison, ruli

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Courts Service · 2016-05-26 · courts

High Court finds Thomas Corcoran’s detention lawful after Article 40 challenge

high court finds thomas corcoran’s detention lawful after article 40 challenge the said district court’s flight-risk finding supported refusing bail. state also confirmed corcoran would be prosecuted only for offences covered by his surrender. [2016] iehc 267 has found continuing lawful, rejecting a

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Courts Service · 2016-05-26 · courts

High Court refuses Ryanair’s application to cross-examine on discovery affidavits

high court refuses ryanair’s application to cross-examine on discovery affidavits the said cross-examination was premature while plaintiffs’ part-heard for strike-out and further remained be completed. [2016] iehc 264 refused ryanair limited holdings plc leave serve notices defendants’ discovery-aff

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Courts Service · 2016-05-26 · courts

High Court refuses to halt GSOC inquiry into new Garda cover-up complaint

high court refuses to halt gsoc inquiry into new garda cover-up complaint the said a second based on information alleged different matter from an earlier that had been discontinued. it refused all relief sought by mcevoy at this stage. [2016] iehc 269 has stop síochána ombudsman commission (gsoc) in

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Courts Service · 2016-05-26 · courts

High Court grants AIB summary judgment against Joseph Hogan

high court grants aib summary judgment against joseph hogan the found no arguable defence to bank plc’s claim, while ordering both banks review how a €7,000 surplus was applied. [2016] iehc 257 granted plc hogan, finding that his evidence disclosed bank’s claim for outstanding debt. also ordered and

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Courts Service · 2016-05-26 · courts

High Court refuses to reopen five discontinued school abuse cases

high court refuses to reopen five discontinued school abuse cases justice max barrett declined set aside the plaintiffs’ notices of discontinuance, holding that their advised compromises remained binding and supreme precedent constrained court. [2016] iehc 268 has refused applications by anonymised

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Courts Service · 2016-05-26 · courts

High Court rejects prisoner’s challenge to sentence as basis for habeas corpus

high court rejects prisoner’s challenge to sentence as basis for habeas corpus the found no ambiguity in or flaw committal warrant and refused relief under article 40. it left open a separate question about rehabilitation programme right of appeal. [2016] iehc 411 has an application by prisoner who

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Courts Service · 2016-05-26 · courts

High Court makes no costs order in moot prison discipline case

high court makes no costs order in moot prison discipline case proceedings over a prisoner’s request for disciplinary records became after his early release. the made as to and decided substantive issue. [2016] iehc 273 judicial review brought by colm hogan information about matter. mr was released

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Courts Service · 2016-05-26 · courts

High Court orders discovery in Nualtra trade mark dispute, adjourns abuse-of-process request

high court orders discovery in nualtra trade mark dispute, adjourns abuse-of-process request the granted sought by both sides a dispute over nutritional supplement marks and alleged commercial interference, but adjourned separate for documents about conduct of proceedings. [2016] iehc 261 has ordere

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Courts Service · 2016-05-26 · courts

High Court refuses summary judgment over €135,000 solicitor fee claim

high court refuses summary judgment over €135,000 solicitor fee claim the referred unpaid bill for taxation, citing substantial disputes fees. it did not determine amount ultimately payable. [2016] iehc 260 refused a solicitor’s application against former client john joyce fees claimed in an employm

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Courts Service · 2016-05-26 · courts

High Court refuses farmer’s challenge to €20,000 LEADER grant

high court refuses farmer’s challenge to €20,000 leader grant the rejected a judicial review of south kerry development partnership’s funding decision, finding its prioritisation criteria lawful and declining all relief sought. [2016] iehc 259 has refused partnership limited’s decision award him fro

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Courts Service · 2016-05-25 · courts

High Court quashes refugee appeal decision over stateless applicant’s claim

high court quashes refugee appeal decision over stateless applicant’s claim the found legal errors in how appeals tribunal assessed a bhutanese man’s inability to return bhutan and his for protection. it sent back fresh by different member. [2016] iehc 274 quashed refusing appeal, finding that tribu

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Courts Service · 2016-05-25 · courts

Court of Appeal restores Old Shebeen’s defence, subject to strict conditions

court of appeal restores old shebeen’s defence, subject to strict conditions the allowed company’s after finding it had been taken by surprise when its defence was struck out. personal injury claim’s merits remain undecided. 2015, no. 377 has restored shebeen limited in a action, company decision al

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Courts Service · 2016-05-25 · courts

Executor ordered to pay €30,000 over delay in administering estate

executor ordered to pay €30,000 over delay in administering estate the high court found that terence shaughnessy breached his duty sister, helen, by delaying administration of their mother’s estate. it awarded her for loss value a bequeathed half-acre site, while rejecting claims other losses. [2016

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Courts Service · 2016-05-25 · courts

High Court orders discovery in Glaxo–Rowex dispute over purple inhalers

high court orders discovery in glaxo–rowex dispute over purple inhalers the set scope of document searches by both sides a trade mark and passing off case, while ruling that foreign sandoz group companies could not be compelled to provide discovery. [2016] iehc 253 has ordered glaxo limited, glaxosm

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Courts Service · 2016-05-16 · courts

Judge refuses new charges and directs acquittals on specified counts in Central Criminal Court trial

judge refuses new charges and directs acquittals on specified counts in central criminal court trial a 2016 decision during the of n.r. r.n., mr justice eagar rejected proposed indictment amendments, directed not-guilty verdicts amended two against r.n. [2016] ieccc 2 refused prosecution’s applicati

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Courts Service · 2016-05-12 · courts

High Court rejects challenge to Revenue seizure of fuel and tanker

high court rejects challenge to revenue seizure of fuel and tanker the refused a judicial review brought by haz.com fuels ltd its director over mineral oil tanker, finding that statutory forfeiture process did not require criminal conviction fair procedures had been followed. [2016] iehc 239 has cha

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Courts Service · 2016-05-12 · courts

High Court rejects Galway egg company’s passing-off and trademark claims

high court rejects galway egg company’s passing-off and trademark claims the found no proven confusion between companies’ packaging dismissed plaintiff’s claim for a permanent injunction. [2016] iehc 249 has free range eggs limited’s injunction against kevin o’brien, carmel o’brien hillsbrook limite

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Courts Service · 2016-05-12 · courts

High Court pauses An Post dismissal appeal until misconduct finding is specified

high court pauses an post dismissal appeal until misconduct finding is specified the declined most of a former clerk’s requests for interim relief but barred from hearing his it identifies serious underlying dismissal. [2016] iehc 237 has restrained office against company states what found him. in j

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Courts Service · 2016-05-12 · courts

High Court refuses crèche manager’s bid to return to work pending dismissal case

high court refuses crèche manager’s bid to return work pending dismissal case the declined an interim order restoring manager her job on suspension and pay, finding she had not shown a strong likely succeed that damages could be adequate. [2016] iehc 305 has refused application by former for employm

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Courts Service · 2016-05-12 · courts

Court of Appeal dismisses E.C.’s challenge to 85 sexual offence convictions

court of appeal dismisses e.c.’s challenge to 85 sexual offence convictions the rejected all grounds appeal, finding trial fair and safe. has dismissed against for offences involving his three children, identified in judgment as j, a k. found satisfactory were returned by jury central criminal on 20

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Courts Service · 2016-05-12 · courts

High Court refuses bid to quash trial return over omitted word in charge

high court refuses bid to quash trial return over omitted word in charge the held that a referring bmw car key and relevant statutory provision sufficiently identified alleged offence, despite an omission statement of charges. [2016] iehc 273 has refused application paul hogan’s for dublin circuit c

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Courts Service · 2016-05-12 · courts

High Court refuses leave to challenge charge over temporary-release conditions

high court refuses leave to challenge charge over temporary-release conditions the dismissed patrick mcnamee’s application for seek judicial review, finding premature and unsupported on several independent grounds. his criminal remained be dealt with through process. [2016] iehc 286 has review of a

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Courts Service · 2016-05-12 · courts

Supreme Court dismisses appeal against surrender to UK over life sentence

supreme court dismisses appeal against surrender to uk over life sentence the rejected argument that uk’s administration of a amounted fundamental defect requiring refusal under european arrest warrant. [s: ap: ie: 2015: 000029] dismissed michael anthony balmer’s united kingdom warrant, concluding l

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Courts Service · 2016-05-12 · courts

High Court awards €61,321 after finding minor collision caused back injuries

high court awards €61,321 after finding minor collision caused back injuries the accepted that a reversing vehicle struck stationary car at filling station near gort, aggravating previously symptom-free spinal condition. it awarded damages two-day trial. [2016] iehc 793 €61,321.10 to warehouse opera

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Courts Service · 2016-05-12 · courts

High Court dismisses appeal over €2m New Mersey investment complaint

high court dismisses appeal over €2m new mersey investment complaint the found no serious or significant error in financial services ombudsman’s decision that a about investment’s sale was not substantiated. [2016] iehc 236 has dismissed an by charles verschoyle-greene against ombudsman finding his

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Courts Service · 2016-05-12 · courts

Court of Appeal rejects Bryan Ryan’s challenge to murder conviction

court of appeal rejects bryan ryan’s challenge to murder conviction the dismissed and affirmed his conviction, rejecting challenges admission interview evidence other trial rulings. has rejected against for ian tobin conviction. ryan was convicted in march 2013 after a 23-day trial. case concerned s

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Courts Service · 2016-05-12 · courts

Supreme Court lets Garda sergeant rely on omitted alternative grounds in appeal

supreme court lets garda sergeant rely on omitted alternative grounds in appeal the granted leave to raise missing from respondent’s notice, citing transitional phase of new procedures and warning that similar latitude should not be assumed future. sgt. martha mcenery a pending appeal, although thos

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Courts Service · 2016-05-12 · courts

High Court refuses leave to halt indecent-exposure trial

high court refuses leave to halt indecent-exposure trial the declined permission seek prohibition while criminal case remained unresolved, finding that applicant had a more convenient remedy through and appeal process. [2016] iehc 288 refused for tezaur bita an order prohibiting his on charge, holdi

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Courts Service · 2016-05-12 · courts

Court of Appeal dismisses challenge to surrender to Poland

court of appeal dismisses challenge to surrender poland the held that a polish order revoking conditional release enforced an existing sentence; it did not trigger in absentia protections section 45. appeal, civil has dismissed arkadiusz piotr lipinski’s against for his under european arrest warrant

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Courts Service · 2016-05-12 · courts

High Court dismisses challenge to refusal to revoke deportation orders

high court dismisses challenge to refusal revoke deportation orders the held that child’s education rights did not create a right remain in ireland and arguments could reopen issues available when original were made. injunction remained temporarily force pending any appeal application. [2016] iehc 2

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Courts Service · 2016-05-12 · courts

Supreme Court dismisses appeal against surrender in UK life sentence case

supreme court dismisses appeal against surrender in uk life sentence case the held that regime did not require refusal of on constitutional ground argued. it also found information about recall and ability to seek review or met fair procedure requirements this case. [2016] iesc (not supplied source)

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Courts Service · 2016-05-12 · courts

High Court refuses early challenge to North/South interconnector consent process

high court refuses early challenge to north/south interconnector consent process the applicants may raise their arguments in a later if an bord pleanála grants consent, but said they must first await board’s final decision. [2016] iehc 300 refused leave for judicial review planning proposed 400kv el

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Courts Service · 2016-05-12 · courts

Court of Appeal allows assault conviction appeal over self-defence directions

court of appeal allows assault conviction over self-defence directions the found jury’s instructions on were inadequate, but upheld for threatening a shop worker with syringe and rejected challenge jury deliberations. allowed damien o’brien’s against his after finding trial judge had not made suffic

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Courts Service · 2016-05-12 · courts

High Court authorises receiver to sell Dalkey sites to purchaser

high court authorises receiver to sell dalkey sites purchaser the approved proposed sale of two at orchard after rejecting thomas o’mahony’s objections and his higher offer. [2016] iehc 238 court, commercial has authorised harcourt life assurance company limited in karl o’connell under a contract da

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Courts Service · 2016-05-12 · courts

High Court sends €2.5m loan dispute to plenary hearing, grants judgment on four other loans

high court sends €2.5m loan dispute to plenary hearing, grants judgment on four other loans the judge found an arguable defence and equitable set-off concerning 2006 tuam road loan. bank was entitled remaining loans, with amount either fixed at €853,920 or updated. [2016] iehc 282 has sent part of a

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Courts Service · 2016-05-12 · courts

Court of Appeal dismisses Darren Nulty’s appeal over unretained pub CCTV

court of appeal dismisses darren nulty’s over unretained pub cctv the held that his challenge did not meet threshold for leave to seek judicial review footage gardaí viewed but keep. has dismissed against a high refusal let him retain. concerned whether missing created an arguable risk he could rece

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Courts Service · 2016-05-12 · courts

High Court allows late tender offer ahead of €4m Stoneavon trial, with costs condition

high court allows late tender offer ahead of €4m stoneavon trial, with costs condition the granted deloitte & touche ireland’s indemnifiers leave to make a offer, subject receiving its trial if it accepts. precise form order remained be settled. [2016] iehc 304 has in dispute holdings, accepts it. m

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Courts Service · 2016-05-11 · courts

Supreme Court rejects bid to reinstate appeal struck out after books were not filed

supreme court rejects bid to reinstate appeal struck out after books were not filed the dismissed john m. searson’s motion his appeal, refer matters eu and send case files law enforcement. an that had been he said would file required of appeal. it also no jurisdiction raised justice european union,

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Courts Service · 2016-05-11 · courts

Court of Appeal dismisses newspapers’ appeal over default judgment

court of appeal dismisses newspapers’ over default judgment the upheld in a defamation case after defendants failed to establish special circumstances explaining their late defence. has dismissed an by sunday newspapers limited and eugene masterson against high order granting paul mcnamara was made

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Courts Service · 2016-05-11 · courts

Court of Appeal dismisses cocaine conviction appeal

court of appeal dismisses cocaine conviction the upheld trial judge’s decisions on expert evidence and garda detention, finding no basis to overturn conviction. has dismissed an by imran ramzan against his for possessing sale or supply, rejecting challenges limits defence lawfulness detention. a jur

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Courts Service · 2016-05-11 · courts

Court of Appeal dismisses conviction appeal in indecent assault case

court of appeal dismisses conviction in indecent assault case the rejected challenges concerning a witness’s evidence about tickling and touching, alleged investigative gaps delay. was against conviction; dismissed it. has b. o’r.’s his for assault, rejecting arguments that prejudicial shortcomings

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Courts Service · 2016-05-11 · courts

Supreme Court upholds murder conviction over delayed death after shooting

supreme court upholds murder conviction over delayed death after shooting the ruled that lawful decisions about medical treatment did not break causal link between and ian kenny’s death. it also held duress was a defence to under irish law. answered “yes” “no” two certified questions in jonathan dun

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Courts Service · 2016-05-11 · courts

High Court refuses mother’s bid to join deportation review

high court refuses mother’s bid to join deportation review the said judicial concerned only applicant and minister, while noting that any request for district access by video link would require a separate application. [2016] iehc 235 refused an application ms n.f. permission seek joinder as notice p

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Courts Service · 2016-05-11 · courts

Court of Appeal says High Court judge should have stepped aside from Phoenix contempt motion

court of appeal says high judge should have stepped aside from phoenix contempt motion the allowed an over a judge’s refusal to recuse himself, finding that his earlier comments on one article could create reasonable apprehension publishers might not receive impartial hearing. by penfield enterprise

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Courts Service · 2016-05-10 · courts

Supreme Court dismisses appeal over Donegal farm dispute

supreme court dismisses appeal over donegal farm dispute the found appellants’ proposed action vexatious and without prospects, after earlier rulings determined they had no right to property. of ireland dismissed daniel elva gallagher’s against a high order that their claim sean catherine mcglynn re

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Courts Service · 2016-05-10 · courts

Supreme Court says drug evidence should have been admitted after Garda package search

supreme court says drug evidence should have been admitted after garda package search the held that opening was lawful under customs powers and trial judge wrong to exclude found in a later warranted search. it left other questions undecided. s.c. no. 53 of 2012 ruled drugs items an apartment occupi

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Courts Service · 2016-05-10 · courts

Supreme Court says cocaine parcel was lawfully opened under customs powers

supreme court says cocaine parcel was lawfully opened under customs powers the ruled that irish postal protections did not apply to a brought from germany by an law-enforcement officer, and authorised its examination. it answered first question in consultative case stated; second arise. [2016] iesc

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Courts Service · 2016-05-10 · courts

Court of Appeal dismisses burglary conviction appeal

court of appeal dismisses burglary conviction the rejected three challenges to trial, including an argument that prosecution rebuttal evidence about alibi should have been disclosed in advance. [2015 ca 217] has dismissed jonathan o’sullivan’s against his for burglary, rejecting trial and leaving pl

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Courts Service · 2016-05-10 · courts

Supreme Court overturns costs order against Employment Appeals Tribunal

supreme court overturns costs order against employment appeals tribunal the held had prima facie immunity from in judicial review proceedings it did not contest, and found no mala fides or impropriety this case. has allowed an appeal by (eat) a high requiring to pay of brought stephen miley, devil’s

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Courts Service · 2016-05-10 · courts

High Court orders surrender to UK on four offences, refuses one assault count

high court orders surrender to uk on four offences, refuses one assault count the rejected a claim that return would expose respondent inhuman or degrading treatment, but held alleged did not meet statutory gravity threshold for surrender. [2016] iehc 240 ordered simeon cosmo langford’s united kingd

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Courts Service · 2016-05-10 · courts

Supreme Court rules evidence from intercepted package admissible

supreme court rules evidence from intercepted package admissible the held there was lawful authority for gardaí to intercept package. it said differing views on whether a postal packet did not affect result. appeal no. 53/2012 unanimously ruled that obtained by at trial of ba, accused/respondent in

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Courts Service · 2016-05-10 · courts

High Court says defamation damages after accepted offer may be assessed by jury

high court says defamation damages after accepted offer may be assessed by jury the ruling decides who assess under statutory offer-to-make-amends process. it does not set a amount or resolve offer’s disputed terms. [2016] iehc 245 ruled that plaintiff in case have accepting an to make amends, if he

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Courts Service · 2016-05-10 · courts

Council bears two-thirds responsibility for ferry grounding at Roonagh Harbour

council bears two-thirds responsibility for ferry grounding at roonagh harbour the high court found defective navigation lights were principal cause of a 2011 grounding, with operators responsible remaining third. 2016 iehc 324 mayo county was loss arising from passenger near harbour, ruled, finding

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Courts Service · 2016-05-10 · courts

Court of Appeal says English-only breath test form could qualify as duly completed

court of appeal says english-only breath test form could qualify as duly completed the allowed a prosecution over breath-test printout that omitted irish-language portion prescribed form. it answered district judge’s question in negative, leaving underlying for court. has ruled an statement be treat

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Courts Service · 2016-05-10 · courts

Court of Appeal dismisses Michael Harty’s appeal over hospital blood test evidence

court of appeal dismisses michael harty’s over hospital blood test evidence the held that public interest in investigating a suspected serious offence outweighed privacy and confidentiality claims concerning toxicology results released by hospital. has dismissed against his conviction for dangerous

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Courts Service · 2016-05-10 · courts

High Court refuses leave to challenge Westmeath possession order

high court refuses leave to challenge westmeath possession order the found no arguable basis for judicial review of circuit court’s in favour acc loan management ltd. [2016] iehc 233 refused declan and bernadette fagan seek a granting ltd property at temple house, horseleap, co. westmeath. mr justic

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Courts Service · 2016-05-09 · courts

Supreme Court dismisses appeal over challenge to 2009 Lisbon referendum

supreme court dismisses appeal over challenge to 2009 lisbon referendum the upheld high court’s refusal grant leave for judicial review, finding was a collateral outside statutory petition process. has dismissed harry rea’s his attempt have result of second treaty declared null and void. made no ord

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Courts Service · 2016-05-09 · courts

Court of Appeal allows company’s appeal over security for costs

court of appeal allows company’s over security for costs the held that a creditor had not shown evidence prima facie defence to claim two galway properties. it allowed against security-for-costs decision. has an by mary and joseph o’brien developments limited (in liquidation) order requiring provide

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Courts Service · 2016-05-09 · courts

High Court accepts Scottish request for onward extradition of Safet Bukoshi to Albania

high court accepts scottish request for onward extradition of safet bukoshi to albania [2016] iehc 296 the has ruled that a government seeking ireland’s consent bukoshi, also known as astrit picari, qualifies from united kingdom under european arrest warrant legislation. had previously been surrende

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Courts Service · 2016-05-09 · courts

High Court rejects challenge to mandatory five-year minimum for repeat firearms offence

high court rejects challenge to mandatory five-year minimum for repeat firearms offence the refused a constitutional and european convention sentencing rule, holding that its term qualifying offenders was within oireachtas’s powers. [2016] iehc 234 has rejected sentence offence, refusing declaration

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Courts Service · 2016-05-06 · courts

High Court dismisses claim over fall on grassy slope at Citywest business park

high court dismisses claim over fall on grassy slope at citywest business park the found visitor had knowingly taken a shortcut instead of designated driveway access and dismissed his personal injury against both defendants. [2016] iehc 717 brought by who fractured right leg after slipping park. tha

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Courts Service · 2016-05-06 · courts

AIB wins €3.97m judgment after court rejects claim for automatic interest-only loan extension

aib wins €3.97m judgment after court rejects claim for automatic interest-only loan extension the high found had agreed to review five years, but not promised an extension. it dismissed borrowers’ claims of breach and negligent misrepresentation. [2016] iehc 280 has entered mortgage bank against pat

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Courts Service · 2016-05-06 · courts

High Court awards €1.44m after supermarket fall left woman with lasting back and bladder injuries

high court awards €1.44m after supermarket fall left woman with lasting back and bladder injuries the found tesco liable for 2012 accident awarded damages ongoing pain, disability, treatment care. it rejected claim additional farm expenses. [2016] iehc 232 a who suffered problems slipping on grapes

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Courts Service · 2016-05-06 · courts

Court of Appeal reduces manslaughter sentence to eight years, suspending final three

court of appeal reduces manslaughter sentence to eight years, suspending final three the found original sentencing judge had failed account for appellant’s help at scene and genuine remorse. it replaced after allowing his appeal. appeal, criminal reduced shane millea’s from 10 years’ imprisonment, w

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Courts Service · 2016-05-06 · courts

High Court rules tax amnesty certificate must be produced for each Revenue enquiry

high court rules tax amnesty certificate must be produced for each revenue enquiry the extended farmer’s time to bring judicial review but refused his application, holding that producing 1994 during an earlier did not protect him in a later one. [2016] iehc 281 ruled taxpayer produce 1993 response n

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Courts Service · 2016-05-05 · courts

High Court refuses boat operator’s bid to restore Skellig Michael landing permits

high court refuses boat operator’s bid to restore skellig michael landing permits the found operator had not shown a strong case for an interlocutory injunction and said damages could be adequate remedy. defendants undertook issue replacement before full hearing. [2016] iehc 248 has refused applicat

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Courts Service · 2016-05-05 · courts

Court of Appeal dismisses Kenneth Collopy’s appeal against murder conviction

court of appeal dismisses kenneth collopy’s against murder conviction the upheld jury’s verdict, rejecting challenges to a witness statement’s admission, jury directions and verdict itself. has dismissed his for 2009 shooting daniel fitzgerald in ballysimon, co limerick. held that trial judge was en

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Courts Service · 2016-05-05 · courts

Court of Appeal dismisses cattle dealer’s appeal over credit terms

court of appeal dismisses cattle dealer’s over credit terms the held that a signed note on reduced did not form an enforceable, complete agreement with connacht gold co-operative society. has dismissed dealer finbar tolan’s against rejection his claim for damages from society limited. document at me

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Courts Service · 2016-05-05 · courts

High Court awards €400,000 for Garda officer’s injuries, leaves earnings calculation open

high court awards €400,000 for garda officer’s injuries, leaves earnings calculation open the also allowed €45,000 lost future employment opportunity and set method calculating to age 60. final form of orders remained be settled. [2016] iehc 295 assessed in compensation a officer who suffered severe

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Courts Service · 2016-05-05 · courts

District Court makes care orders for two children until age 18

district court makes care orders for two children until age 18 the found both had suffered neglect and avoidable harm, ordered long-term while directing further work on their welfare mother’s access. [2016] iedc 08 made each reaches 18, finding they been neglected health, development or avoidably im

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Courts Service · 2016-05-04 · courts

Court of Appeal dismisses challenge to invalid second injury claim authorisation against Noel Recruitment

court of appeal dismisses challenge to invalid second injury claim authorisation against noel recruitment the held that piab could not issue a for same after an earlier had issued. was dismissed. appeal, civil dismissed by moro issak, otherwise known as michael chapwanya, and personal injuries asses

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Courts Service · 2016-05-04 · courts

High Court refuses bid to erase Garda PULSE records

high court refuses bid to erase garda pulse records the found were accurate, access was restricted and retaining them proportionate in circumstances. it refused all relief sought. [2016] iehc 254 has a mother’s application for judicial review seeking removal of about her family from an síochána’s sy

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Courts Service · 2016-05-04 · courts

Court of Appeal dismisses challenge to strike-out of insurance claim

court of appeal dismisses challenge to strike-out insurance claim the held that a rejected financial services ombudsman complaint could not be re-litigated through later high damages action after claimant did ombudsman’s decision. no. 2015/457 appeal; underlying decision by (mr justice white) has di

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Courts Service · 2016-05-04 · courts

High Court refuses order to return 14-year-old to England and Wales

high court refuses order to return 14-year-old england and wales the accepted removal ireland was wrongful but declined child’s return, citing unresolved grave-risk concerns her objection returning mother’s care. [2016] iehc 231 has refused an application a girl from under hague convention on intern

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Courts Service · 2016-05-04 · courts

Court of Appeal dismisses challenge to consent for five Polish prosecutions

court of appeal dismisses challenge to consent for five polish prosecutions the held that statutory restrictions governing an initial surrender did not automatically apply requests made after surrender. it dismissed and left high court’s in place. has jaroslaw sliwa’s against a decision consenting f

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Courts Service · 2016-05-04 · courts

High Court refuses Dunnes Stores challenge to Square shopping centre expansion permission

high court refuses dunnes stores challenge to square shopping centre expansion permission the rejected claims about planning board’s environmental assessment and construction conditions, ruled lacked standing a condition reserving land for possible transport interchange. [2016] iehc 226 has refused

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Courts Service · 2016-05-04 · courts

High Court refuses challenge to Killaloe bypass approval

high court refuses challenge to killaloe bypass approval the rejected a judicial review of an bord pleanála’s consent for road scheme, including claims that unlisted wet woodland site should receive protected-site status and environmental assessments were inadequate. [2016] iehc 277 has refused chal

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Courts Service · 2016-05-03 · courts

High Court quashes Garda transfer appeal decision for failure to give reasons

high court quashes garda transfer appeal decision for failure to give reasons the set aside transfers review body’s october 2013 decision, but refused quash original from killarney tralee. [2016] iehc 224 has quashed a rejecting garda’s against her station tralee, finding that body failed its decisi

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Courts Service · 2016-05-03 · courts

Court of Appeal dismisses MM’s appeal against sexual-assault convictions

court of appeal dismisses mm’s against sexual-assault convictions the rejected challenges over timing charges, delay warning to jury and absence a corroboration warning. separate sentence was not addressed in this judgment. has dismissed conviction for sexual offences involving one pair twins who gr

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Courts Service · 2016-05-03 · courts

High Court rules appeal changed start date of consecutive prison term

high court rules appeal changed start date of consecutive prison term the held that an unappealed three-month sentence began when prisoner successfully entered against earlier sentence, and concluded he was lawfully detained. [2016] iehc 512 ruled a imposed consecutively to john wilkinson sentence.

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Courts Service · 2016-05-03 · courts

High Court orders garda reinstated after nearly two years on suspension

high court orders garda reinstated after nearly two years on suspension the found continued unjustified and ordered reinstatement full pay allowances, but refused to stop disciplinary inquiries. [2016] iehc 225 has declared that of a attached pearse street station was invalid his allowances. it requ

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