Courts Service · 2016-06-30 · courts
high court quashes wicklow council notice to quit over family’s attic conversion the found council’s decision terminate john and gayle brady’s tenancy unlawful disproportionate, but rejected their allegations of bad faith misfeasance. [2016] iehc 371 has quashed county march 2014 tenancy, finding pr
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Courts Service · 2016-06-30 · courts
high court awards €64,300 after finding dunnes stores liable for limerick shop fall the found that a spill on polished floor caused rachel prior’s and store had not shown it operated cleaning system in area. made no of contributory negligence. [2016] iehc 392 awarded prior damages her its henry stre
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Courts Service · 2016-06-30 · courts
high court grants revenue summary judgment for €822,765.41 against former couple the refused a stay and declined to send tax claim plenary hearing, finding defendants had disclosed no arguable defence. [2016] iehc 370 granted collector general michael gladney george ruth raymond in over unpaid vat i
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Courts Service · 2016-06-30 · courts
high court sets aside mdu notice in cosmetic procedure negligence case the ruled that estate’s third party claim rested on a policy of insurance did not exist. it set and separately concluded court’s inherent jurisdiction supported result. [2016] iehc 407 against medical defence union limited (mdu)
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Courts Service · 2016-06-30 · courts
high court rejects fraud claim over ennistymon apartment the found developers had not deceived purchaser, who was left facing restrictions on use of apartment’s attic space. [2016] iehc 367 has rejected a by barbara hill against property david mcinerney and jason griffin an in ennistymon, finding th
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Courts Service · 2016-06-30 · courts
high court refuses challenge to woman’s detention after appeal was struck out the held that circuit could strike and affirm district sentence when appellant failed attend, despite evidence she in hospital. [2016] iehc 378 has refused an application challenging sandra maguire’s under article 40.4.2 o
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Courts Service · 2016-06-30 · courts
high court recognised and enforced welsh guardianship orders for two children the gave written reasons its december 2013 decision recognising enforcing swansea county placing with their paternal grandparents. [2016] iehc 418 declared enforceable in ireland special made by children, them care of a ju
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Courts Service · 2016-06-29 · courts
high court dismisses visitor’s claim after wheelchair fall at powerscourt the found that clear directions and a map identified level route through gardens, held occupier had met its duty of care. [2016] iehc 369 dismissed woman’s personal injury against estates limited over on steep garden path, fin
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Courts Service · 2016-06-29 · courts
high court refuses challenge to revocation of suspended sentence the held that david ryan’s criminal case had reached finality and his conduct would bar requested relief even if it not. [2016] iehc 380 refused application quash orders made under section 99 justice act 2006, finding independently sou
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Courts Service · 2016-06-28 · courts
high court rejects challenge to luas cross city tender award somague engenharia and wills bros challenged the procurement process after their lower-priced joint venture came second. refused relief sought, finding no basis disturb in grounds it reviewed. [2016] iehc 435 {'name': 'high court', 'countr
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Courts Service · 2016-06-28 · courts
court of appeal rules fatal claim barred after underlying negligence expired the allowed hse’s appeal, holding that a dependant’s under section 48 could not proceed because deceased’s own was already statute-barred when she died. [2014 1306] health service executive’s in dispute over whether fatal-i
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Courts Service · 2016-06-28 · courts
high court strikes out defamation and abuse of process claims against bank ireland mortgage the held that arising from affidavits in circuit possession proceedings resulting order were bound to fail. a separate appeal concerning had been lodged. [2016] iehc 364 struck caít o’beirne’s bank, finding h
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Courts Service · 2016-06-28 · courts
court of appeal rejects most former postmaster’s challenge but bars an post from setting repayment sum unilaterally the dismissed over termination tom kelleher’s postmaster contract, ruled must sue in substantive proceedings if it seeks disputed damages for missing funds. has rejected to his contrac
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Courts Service · 2016-06-28 · courts
high court rejects tenants’ appeal over possession order the found no point of law that would allow it to set aside tenancy tribunal’s determination, which required tenants give up their home. [2016] iehc 366 has rejected an by grigore and vera munteanu against a tribunal determination requiring the
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Courts Service · 2016-06-27 · courts
high court awards 75% of one applicant’s costs after bail inquiry ended the ordered payment ion ilie’s legal for a partial article 40 inquiry, but awarded no to adrian maracine, who had breached bail. [2016] iehc 361 ilie his arising from into detention, made award by missing circuit appeal hearing.
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Courts Service · 2016-06-24 · courts
appeal court suspends final year of consecutive burglary sentence the upheld a five-year for balbriggan supermarket robbery but suspended 12 months two-year sentence. philip daly’s separate burglary. said sentencing judge had made an error principle in imposing without considering whether part it sh
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Courts Service · 2016-06-24 · courts
court of appeal dismisses challenge to detention after separate sentence took effect the held that appealing an earlier did not stay a consecutive had been appealed, and dismissed against high court’s refusal order release. has john wilkinson’s his release from custody under article 40 constitution.
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Courts Service · 2016-06-24 · courts
high court restricts company director but declines order against co-director the made a restriction declaration company’s operating director. it refused application his spouse, finding liquidator had not proved she was within relevant 12-month period. [2016] iehc 483 restricting pauraic larkin, of l
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Courts Service · 2016-06-24 · courts
court of appeal dismisses challenge to consecutive burglary sentences the found no error principle in two sentences, including requirement that second be served consecutively because offence was committed while appellant on bail. has dismissed an by louis lennon against prison for burglaries, findin
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Courts Service · 2016-06-24 · courts
high court refuses appeal certificate in killaloe bypass habitat case the said proposed raised no exceptional point of law requiring clarification, after rejecting an applicant’s claim that undesignated woodland had “shadow protection”. [2016] iehc 374 refused peter sweetman’s application for a to i
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Courts Service · 2016-06-24 · courts
high court says delay alone cannot block further prosecution in poland the found no demonstrated fair trial risk or abuse of process and consented to a man already surrendered poland. [2016] iehc 484 ruled that was not lawful basis refuse poland’s request prosecute who had been there, granted consen
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Courts Service · 2016-06-24 · courts
court of appeal dismisses challenge to eight-year drug sentence the found no error in imposed for a section 15a offence, including decision not make it consecutive or partly suspended. has dismissed michael donoghue’s against severity an prison drugs finding sentencing judge’s approach. was circuit
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Courts Service · 2016-06-24 · courts
high court orders release of €75,000 to defendant in long-running land dispute the accepted that plaintiffs’ claim for repayment remained alive and was not statute-barred, but ruled it had no jurisdiction order their deposit arbitration fees. [2016] iehc 365 ordered first held an interest-bearing ac
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Courts Service · 2016-06-24 · courts
high court grants appeal leave in deportation case and awards applicants costs the certified two points of law for appeal, continued an existing injunction pending ordered to applicants. [2016] iehc 421 granted a judicial review concerning refusal revoke order. it also restraining their until is fin
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Courts Service · 2016-06-24 · courts
high court quashes naturalisation refusals for two embassy staff the ruled that time spent living in ireland as domestic at foreign missions could count residence under irish nationality and citizenship act 1956, ordered minister to reconsider both applications. [2016] iehc 360 quashed decisions ref
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Courts Service · 2016-06-24 · courts
high court quashes deportation decision over failure to assess family as a unit the ordered fresh review of father’s request revoke his order after finding minister had allowed mother remain without considering family’s position collectively. [2016] iehc 379 has quashed refusing against father, that
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Courts Service · 2016-06-24 · courts
high court dismisses two judicial reviews over asylum process and deportation order the found ministerial consent was required for a renewed claim rejected challenges to applicant’s order. identity remains protected by permanent reporting restriction. [2016] iehc 377 dismissed review applications br
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Courts Service · 2016-06-24 · courts
high court orders ion ilie’s release after galway judge refused to consider community service [2016] iehc 373 the has ordered immediate of ilie from castlerea prison finding a fundamental error in sentencing process following his appeal circuit court. had pleaded guilty two theft offences arising an
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Courts Service · 2016-06-24 · courts
high court refuses appeal leave in deportation case the found no demonstrated legal uncertainty or sufficient evidential basis for either proposed question and awarded costs to respondent. [2016] iehc 422 has refused an applicant a substantive judicial review decision concerning democratic republic
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Courts Service · 2016-06-24 · courts
court of appeal dismisses challenge to €77.1m summary judgment the upheld against henry a. crosbie, while noting that later proceedings could address whether debt may be enforced specified properties. has dismissed crosbie’s a high for €77,095,090.59 in favour national asset loan management limited.
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Courts Service · 2016-06-24 · courts
high court rejects carpenter’s negligence claim against former employer over hammer attack the found that knew of friction and threats between two workers, but held its response on day was reasonable dismissed direct-negligence claim. [2016] iehc 354 has a his injuries he suffered when co-worker str
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Courts Service · 2016-06-24 · courts
appeal court upholds dangerous-driving conviction but cuts seven-year sentence to five the of rejected james o’donovan’s challenge his conviction, found unduly severe and ordered a five-year term, with final 12 months suspended. upheld for dangerous driving causing death quashed prison resentenced h
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Courts Service · 2016-06-24 · courts
high court ends compulsory weekend overnights for eldest child in access appeal the ordered daytime daughter and removed one four from father’s schedule, pending circuit hearing. [2016] iehc 601 ruled that a 12-year-old girl identified as e. should no longer be required to stay overnight with her fa
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Courts Service · 2016-06-24 · courts
high court awards jogger €134,000 after van struck her on road margin the found driver caused collision and rejected defence claim that plaintiff contributed to it by jogging road. [2016] iehc 355 awarded a woman finding injured while she was ballynacarragy mullingar no contributory negligence part.
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Courts Service · 2016-06-24 · courts
court of appeal dismisses challenge to €77.1m judgment against henry a. crosbie the upheld summary for national asset loan management limited and declined let pursue a separate claim about possible enforcement steps within proceedings. has dismissed crosbie’s high ordering him pay €77,095,090.59. re
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Courts Service · 2016-06-23 · courts
high court rules aib security covered o’toole brothers’ other loan liabilities on a preliminary issue, the held that mortgage bank could rely express terms in documents to demand repayment of performing loans after default separate loan. it did not doctrine consolidation. [2016] iehc 368 has ruled w
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Courts Service · 2016-06-22 · courts
supreme court dismisses challenge to revenue tax avoidance notice the upheld high court’s finding that notified a taxpayer immediately after its nominated officer formed an opinion under section 811. it also rejected claims of pre-judgment and unfair procedure. [2016] iesc (number not stated in sour
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Courts Service · 2016-06-22 · courts
court of appeal allows credit union’s over insolvency protection the held that clones union had not shown irreparable loss required to exclude its debt from a debtor’s protective certificate under section 97. h:is:hc 2016:00003; 2016 no. 283 allowed ltd.’s against high order excluding certificate, f
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Courts Service · 2016-06-22 · courts
supreme court restores ruling upholding government power to add controlled drugs the set aside of appeal’s declaration that section 2(2) misuse act 1977 was unconstitutional, while holding any additions controlled-drugs schedule must stay within statutory limits. [2016] iesc (number not stated in so
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Courts Service · 2016-06-22 · courts
high court strikes out conspiracy claim but allows negligence to proceed the dismissed part of a against barrister as bound fail, refused strike professional at this stage. [2016] iehc 353 has struck brought by two businessmen barrister, barrister’s application dismiss their claim. did not decide wh
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Courts Service · 2016-06-22 · courts
high court refuses bank of ireland summary judgment in macken loan case the judge found it arguable that a 2014 facility letter had changed basis debt claim, making unsuitable for judgment. itself was not denied. [2017] iehc 804 refused ireland’s application against gerard and helen macken, finding
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Courts Service · 2016-06-22 · courts
supreme court dismisses appeal over revenue’s tax avoidance notice the rejected a challenge to process behind concerning 2007 capital gains tax, while leaving correctness of calculation for separate appeal. has dismissed ronan mcnamee’s against refusal judicial review revenue commissioners on transa
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Courts Service · 2016-06-22 · courts
court of appeal cuts personal injury award from €200,000 to €125,000 the set aside a high after finding its €180,000 for pain and suffering disproportionate injuries. it substituted €105,000 in general damages plus €20,000 agreed special damages. has reduced grace cronin €125,000, ruling that court’
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Courts Service · 2016-06-22 · courts
supreme court judge says drug-control law must be read with its schedule in a separate judgment dated 22 june 2016, justice john macmenamin agreed the and order proposed by charleton added observations on statutory interpretation constitutional lawmaking role of oireachtas. has said that assessing w
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Courts Service · 2016-06-21 · courts
supreme court dismisses appeal over seatbelt law challenge the held that eddie kershaw’s constitutional to and penalty-points provisions had no prospect of success, leaving in place high order set aside permission pursue judicial review. has dismissed against a setting bring review ireland’s laws. j
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Courts Service · 2016-06-21 · courts
central criminal court directs trial to proceed after finding accused fit the rejected a renewed fitness challenge, accepting evidence that understood charges and could take part in his defence. [2016] ieccc has directed of t.o.n. proceed, ruling he is be tried defence challenge. mr justice robert e
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Courts Service · 2016-06-21 · courts
high court refuses receiver’s bid to change living expense arrangements the refused three requested changes asset-freezing arrangements, ordered updated financial statements and directed that defendants’ salaries be paid into receiver account pending a further hearing. [2016] iehc 357 court, commerc
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Courts Service · 2016-06-21 · courts
high court refuses to quash remand order in suspended-sentence case the held that challenged sending a woman back tallaght district for sentencing was valid circumstances. it refused her application certiorari. [2016] iehc 359 has an 2014 remanding after theft conviction. mr justice eagar made by du
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Courts Service · 2016-06-20 · courts
high court grants kbc judgment for €1.94m in crèche loan case the ruled that borrowers had no credible defence to bank’s summary application, which relied on their failure repay and decision not use an offered inspection of original documents. [2016] iehc 347 court, commercial granted bank ireland p
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Courts Service · 2016-06-20 · courts
high court awards €99,459.94 over permanent wrist injury sustained during arrest the assessed general compensation at €90,000 and added €9,459.94 in agreed expenses after finding that a garda member’s would limit her policing duties skydiving. [2016] iehc 352 of for member who suffered injuries whil
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Courts Service · 2016-06-20 · courts
high court rejects damages claim over conditional discharge dispute the judicial review became largely moot after m.c. was unconditionally discharged. found no breach of statutory duty or rights and declined to award damages. [2016] iehc 341 has that clinical director central mental hospital did not
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Courts Service · 2016-06-20 · courts
high court rejects hoares’ estoppel defence and adjudicates them bankrupt the found debtors had not proved a clear promise that bank would pursue their family home or farm. it ordered both adjudicated after finding statutory requirements were met. [2016] iehc 345 has mary hoare michael rejecting arg
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Courts Service · 2016-06-20 · courts
high court grants aib €10.87m summary judgment against developers the rejected defendants’ claim that a 2013 oral restructuring agreement gave them defence to bank’s claim. it also refused their requests block receiver or compel consent property sales. [2016] iehc 346 has granted allied irish banks
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Courts Service · 2016-06-20 · courts
high court rejects two challenges to animal welfare inspections and seizure the refused all relief sought in linked judicial reviews over a notice of woman’s sheep pigs, while criticising her complaint professional misconduct against veterinary inspector. [2016] iehc 348 has review cases brought by
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Courts Service · 2016-06-18 · courts
high court rules later london will did not revoke irish the found deceased intend 2013 revocation clause to cancel his and four codicils, which dealt with estate. [2016] iehc 318 has ruled that a general in made an earlier codicils dealing deceased’s judgment, delivered by ms justice baker on 13 jun
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Courts Service · 2016-06-17 · courts
high court refuses return of 14-year-old to england after hearing his objections the found boy’s were mature, independently held and should prevail, while treating case as an exceptional one under hague convention. [2016] iehc 358 has refused application a boy wales finding that returning made out a
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Courts Service · 2016-06-17 · courts
court of appeal cuts drug sentence to 11 years and orders review after half served the reduced patrick scanlon’s 15-year for two cannabis offences, backdated new term 8 august 2013 directed a by limerick circuit is served. prison offences that he has equivalent it. judgment, delivered mr justice she
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Courts Service · 2016-06-17 · courts
high court refuses interim salary payment in bank of ireland employment dispute the judge found contested affidavit evidence did not establish, at this interlocutory stage, a strong case likely to succeed. he directed that be brought trial earliest opportunity. [2016] iehc 376 has refused an applica
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Courts Service · 2016-06-17 · courts
court of appeal replaces teenager’s detention with a fully suspended sentence the allowed an against after finding errors in original sentencing approach and imposed two years’ detention, full for years. f.p.’s severity his replaced it years on condition that he keep peace be good behaviour. f.p. ha
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Courts Service · 2016-06-17 · courts
high court refuses leave in challenge to refusal of pakistani man’s refugee claim the found no error appeals tribunal’s credibility assessment and refused seek judicial review. [2016] iehc 340 decision uphold a application for status. ms justice stewart tribunal member’s evidence or process used rea
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Courts Service · 2016-06-17 · courts
high court upholds swords bench warrant issued after accused missed the rejected a judicial review challenge to when james fitzgerald failed answer bail, finding district judge acted within jurisdiction. [2016] iehc 342 has fitzgerald’s he appear at on 26 november 2014 two public order charges. mr j
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Courts Service · 2016-06-17 · courts
court of appeal revives towey’s judicial review challenge over district judge’s refusal to recuse the found was brought in time and arguable, removed two paragraphs from an affidavit sent application back high for a hearing date be fixed. appeal; court; ballaghaderreen has allowed patrick against le
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Courts Service · 2016-06-17 · courts
court of appeal dismisses soldier’s challenge to court-martial convictions the concerned missing handwritten notes and legal direction on a sexual assault count. dismissed both grounds conviction appeal. 16/2016 has an by ronan donaghy against six entered martial, rejecting challenges concerning com
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Courts Service · 2016-06-17 · courts
court of appeal says soldier can commanding officer’s decision to summary martial the answered a consultative case stated on rights after subordinate finding and rehearing by soldier’s officer. has ruled that dealt with first officer rehears charge decides appeal. in judgment delivered 17 june 2016,
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Courts Service · 2016-06-17 · courts
high court orders review of supreme costs in child’s nationality case the upheld allowances for proceedings but found taxing master had not accounted expanded oral arguments on appeal. it directed a proportionate increase to instruction and counsel fees, with form order still be settled. [2016] iehc
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Courts Service · 2016-06-17 · courts
high court refuses leave in challenge to rejection of nigerian child’s asylum appeal the held refugee appeals tribunal was not required assess general country information on fgm after rejecting specific family-based risk advanced for child. [2016] iehc 339 refused a judicial review decision against
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Courts Service · 2016-06-16 · courts
court of appeal grants leave to challenge prosecution on two disputed counts the allowed j. c.’s after finding high had treated a application as full judicial review hearing. it did not decide whether should be stopped. (civil) has an by c. and granted seek over indecent assault counts. rule those p
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Courts Service · 2016-06-16 · courts
high court criticised special care failures as teenager prepared to leave secure unit a review of q.’s detention found that restrictions imposed at gleann álainn in january 2016 exceeded the court’s orders and were not properly reported. accepted an interim psychiatric-care protocol continued overse
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Courts Service · 2016-06-16 · courts
court of appeal made two 18-month sentences concurrent in witness intimidation case the upheld need for immediate custody but reduced effective term by making and suspending final nine months. resentenced a man convicted intimidating witness, prison rather than consecutive months years after his rel
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Courts Service · 2016-06-15 · courts
high court rules on discovery in james elliott construction deceit case the granted some requests for documents and refused others four motions over allegations concerning aggregate from bay lane quarry. it left final form timing of orders a further hearing. [2016] iehc 372 court, commercial has rul
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Courts Service · 2016-06-15 · courts
high court refuses leave in two judicial review cases brought by cavan man the refused to challenge a district trial date and separate bail remand, while continuing prosecution stays until 20 june 2016. [2016] iehc 332 joseph lavery, who challenged order remanding him on bail. continued existing his
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Courts Service · 2016-06-15 · courts
court of appeal finds prison warrant valid in freeman detention case the allowed governor’s appeal, ruling that did not need to recite dpp’s direction for summary trial. civil an by governor wheatfield place detention, finding a committing jake was despite stating director public prosecutions had di
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Courts Service · 2016-06-15 · courts
high court bars child’s us travel for now, orders ireland visits before review the declined mother’s request a summer 2016 access visit in illinois, while setting out arrangements contact and daily skype calls. [2016] iehc 459 court, family law has refused, to take her nine-year-old son illinois vis
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Courts Service · 2016-06-14 · courts
high court quashes clare wind farm permission over assessment and reasons failures mr justice max barrett quashed an bord pleanála’s 2014 for a four-turbine development at coor west, finding in the board’s appropriate environmental impact records, its notice explaining why was required. [2016] iehc
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Courts Service · 2016-06-14 · courts
supreme court rejects appeal over judge’s participation in clinical negligence conference the held that a role at hosted by solicitors acting for state claims agency did not create reasonable apprehension of bias. ireland dismissed an minor who argued judge should have recused herself because she ha
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Courts Service · 2016-06-14 · courts
high court grants receiver interim control of alexandra place properties the granted injunctions restraining a company and its director from interfering with receiver’s functions while dispute over his appointment proceeds to trial. [2016] iehc 325 has interlocutory concerning development in dublin
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Courts Service · 2016-06-14 · courts
high court orders man to pay former partner €25,840 in loan dispute the found that both parties had contractual financial arrangements during their relationship, but woman’s accepted advances exceeded man’s by €25,840.46. [2016] iehc 319 has ordered brendan gibbons sandra keogh €25,840.46 after find
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Courts Service · 2016-06-14 · courts
high court refuses injunction over letters to booksellers about former employee’s book the rejected william jones’s interlocutory application, finding he had not shown an arguable case or that damages would be inadequate. underlying action was decided at trial. [2016] iehc 329 has refused applicatio
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Courts Service · 2016-06-14 · courts
high court rejects challenge to detention after uk surrender order the found no arguable basis for an article 40 inquiry into applicant’s or appeal-certification rules. it also upheld a stay on while that constitutional application was pending. [2016] iehc 333 has refused lawfulness of julian myersc
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Courts Service · 2016-06-14 · courts
court of appeal dismisses sean flanagan’s against murder conviction the rejected four challenges to evidence gathered during gardaí’s visit a limerick house, finding their entry and questioning lawful fair. dismissed his for gerard mcmahon, no error in trial judge’s decision admit arising from garda
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Courts Service · 2016-06-14 · courts
high court refuses request to invite mediation in long-running marine licensing case the found complex dispute was not suited proposed adr process and refused plaintiffs’ application under order 56a. [2016] iehc 328 has an by three plaintiffs parties a use or another alternative resolution process.
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Courts Service · 2016-06-14 · courts
high court refuses prisoner's bid for release after suspended sentence was reactivated the rejected an article 40 application seeking following a declaration that parts of suspended-sentence law were unconstitutional, finding no basis retrospective relief in this case. [2016] iehc 334 has refused an
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Courts Service · 2016-06-14 · courts
appeal court rules phone evidence was wrongly excluded in acquittal the of found prosecution’s call records and cell-site should have been admitted, but deferred deciding whether acquittals be quashed or a retrial ordered. ruled that trial judge telephone analysis case against two anonymised respond
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Courts Service · 2016-06-14 · courts
high court sets aside summary judgment order in start mortgages case justice max barrett found shane hanley had an arguable defence based on the lender’s failure to give seven days’ written demand required by loan agreement. debt claim will proceed a plenary hearing. [2016] iehc 320 has set allowing
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Courts Service · 2016-06-14 · courts
district court says it could not prevent agency withdrawing care application a judge held that the child and family alone decide whether to pursue its for orders two children. made no findings of fact because evidence was incomplete. [2016] iedc 11 ruled had jurisdiction from children, identified as
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Courts Service · 2016-06-14 · courts
high court allows vodafone to serve us patent company in irish frand dispute the granted leave iv international licensing and intellectual ventures ii llc intended proceedings, setting a 35-day period for enter an appearance. underlying competition claims remain unproven. [2016] iehc 321 has allowed
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Courts Service · 2016-06-14 · courts
unsuccessful pension challenge wins two-thirds of costs the high court ruled on after rejecting a to suspension contributory during imprisonment. [2016] iehc 343 an state imprisonment has resulted in order that plaintiff receive his costs. ruling delivered 14 june 2016, considered whether special ci
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Courts Service · 2016-06-13 · courts
court of appeal dismisses challenge to three-year sentence for nightclub assault the upheld custodial term imposed after craig keogh pleaded guilty causing harm, while criticising sentencing judge’s failure set out a headline before accounting mitigation. has dismissed keogh’s against finding no err
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Courts Service · 2016-06-13 · courts
court of appeal dismisses challenge to four-year sentence for tralee assault the upheld sentence, including final year suspended, finding no error in sentencing judge’s approach or outcome. 268/13 has dismissed wesley mcdonald’s against a causing harm, leaving place that requires him serve three yea
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Courts Service · 2016-06-13 · courts
court of appeal dismisses state over costs in travel-document case the upheld high court’s award a judicial review leave application after temporary travel document enabled an algerian man to return france. it made no ruling on whether minister was legally obliged help him. has dismissed by for just
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Courts Service · 2016-06-13 · courts
court of appeal reduces sentence for one-blow assault with car jack the replaced a four-year term three years, suspending final nine months years after release and subject to €100 bond. reduced patrick sherlock’s causing harm, replacing three-year its his release. sherlock had pleaded guilty at galw
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Courts Service · 2016-06-13 · courts
high court refuses surrender under french warrant after authority discrepancy the declined to execute european arrest because authorities later identified a different judicial as its issuer. it did not decide respondent’s separate argument section 21a. [2016] iehc 485 refused mohamed jalloh france r
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Courts Service · 2016-06-13 · courts
high court orders release of man jailed for disrupting waterford circuit the upheld contempt finding but ruled that applicant’s detention had not been shown to be proportionate on evidence before it. [2016] iehc 323 ordered a two weeks after hearing, proportionality his demonstrated. in judgment del
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Courts Service · 2016-06-12 · courts
high court says secured creditor can recover interest beyond six years the directed that six-year limit on recovering judgment-debt did not restrict accruing after a well-charging order. it decide plaintiff’s separate request for payment of principal. [2016] iehc 396 has ruled whose judgment debt wa
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Courts Service · 2016-06-10 · courts
court of appeal sends solicitor’s €276,000 costs assessment back for fresh review the allowed an over taxation in a medical negligence case, directing that new bill detail solicitors’ work and time spent. it did not set replacement instruction fee. has fee sending matter to taxing master assessment.
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Courts Service · 2016-06-10 · courts
high court permits divorce proceedings despite litigation restriction the allowed an appeal in part, saying isaac wunder order could not bar proceedings. it left wider place pending further consideration of family-law issues. [2016] iehc 693 part against refusal to vacate restricting applications by
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Courts Service · 2016-06-10 · courts
high court refuses cintra’s challenge to revenue letters on motorway share sale the held that commissioners’ expressed non-binding views and did not change legal position. it refused judicial review relief sought. [2016] iehc 349 has cintra infraestructuras internacional slu’s application quash two
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Courts Service · 2016-06-10 · courts
high court narrows kelleher defence to nama guarantee enforcement the struck out or limited parts of garrett kelleher’s defence, ruling that only his estoppel ground and nama’s related statutory objection could proceed a plenary hearing. [2016] iehc 331 has narrowed available in national asset loan
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Courts Service · 2016-06-10 · courts
high court refuses challenge to mayo power-line uprate permission the rejected an environmentalist’s judicial review challenge, finding board’s decision that works were not split avoid environmental impact assessment had material support it. [2016] iehc 310 has refused planning for a 19.5km of bella
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Courts Service · 2016-06-09 · courts
high court refuses habeas corpus inquiry over reactivated suspended sentence the said applicant had not shown case-specific unfairness that would entitle him to benefit from a later ruling on constitutionality of suspended-sentence provisions. [20162] iehc 311 refused direct an into lawfulness edwar
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Courts Service · 2016-06-09 · courts
court of appeal dismisses challenge to three-year criminal damage sentence the found no error principle in a for damaging lock an occupied ballina home. has dismissed man’s against prison house ballina, finding sentencing judge’s decision. appellant had pleaded guilty one count and was convicted at
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Courts Service · 2016-06-09 · courts
high court allows some new evidence in long-running diesel trade mark appeal the granted s.p.a. leave to submit additional documents and testimony for its appeal, while excluding two affidavits. itself remains undecided. [2016] iehc 415 has allowed introduce against refusal of irish applications, bu
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Courts Service · 2016-06-09 · courts
court of appeal rejects bid to increase suspended sentences for €132,355 thefts the dismissed dpp’s undue-leniency application but changed restitution timetable attached sentences. a by director public prosecutions review as unduly lenient three two-year imposed on amy mcauley theft. it nevertheless
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Courts Service · 2016-06-09 · courts
high court awards €75,310 after accepting shopper’s account of wet-floor fall the found dunnes stores liable for a at its ennis shop in 2012 and awarded damages ongoing lower-back pain. [2016] iehc 338 julie greene finding on wet floor august 2012. award covered pain suffering, loss amenity special
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Courts Service · 2016-06-09 · courts
supreme court rules historical indecent assault offences could carry 10-year maximum the clarified sentence for committed between 1981 and 1990, but declined to revisit respondent’s three-year sentence. ruled that assaults on a male 1990 of 10 years’ imprisonment, matching statutory then available e
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Courts Service · 2016-06-09 · courts
high court refuses habeas corpus inquiry for castlerea prisoner the said application relied on a technicality and lacked information needed to assess whether could benefit from an earlier ruling unconstitutional sentencing provisions. [2016] iehc 312 refused direct into lawfulness of prisoner’s dete
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Courts Service · 2016-06-09 · courts
high court refuses leave to challenge thurles district convictions the found that prisoner had not shown arguable grounds for judicial review and denied seek certiorari. [2016] iehc 314 refused a prisoner’s application bring proceedings challenging two in at thurles. ms justice stewart ruled on 9 ju
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Courts Service · 2016-06-08 · courts
court of appeal sets aside security-for-costs orders after plaintiffs lodge €500,000 the found money lodged with plaintiffs’ solicitors, considered alongside advanced stage case, established special circumstances. it directed parties to address how funds would be held. set high requiring paulson inv
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Courts Service · 2016-06-08 · courts
high court dismisses shopper’s injury claim against dunnes stores the said shopper had not proved, on balance of probabilities, that water or another clear liquid caused her fall. [2016] iehc 356 dismissed a personal proceedings after finding she proved what to fall in store. judgment delivered 8 ju
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Courts Service · 2016-06-08 · courts
high court refuses to make insolvency practitioner pay bank’s costs the found practitioner’s review of debtor’s financial material inadequate, but said interests justice did not warrant a personal order. [2016] iehc 307 has refused danske application successfully setting aside an extension protectiv
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Courts Service · 2016-06-08 · courts
appeal court orders fresh valuation of donegal investment group’s 30% stake in elst the upheld buyout remedy but set aside earlier price, directing high to determine shares’ current full market value. has directed a hearing value group plc’s shareholding elst, after setting price fixed at first hear
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Courts Service · 2016-06-08 · courts
high court dismisses o’connor case over receivers’ sale of douglas property the found proceedings an abuse process and made order restricting further against specified parties without leave. it joined receivers as defendants declined to remove existing defendants. [2016] iehc 307 court, commercial d
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Courts Service · 2016-06-08 · courts
supreme court rejects waxy o’connors appeal over underage alcohol sale the upheld high court’s dismissal of company’s judicial review challenge, finding that statutory age-card defence was constitutionally permissible for regulatory offence. has dismissed an by limited its conviction permitting to b
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Courts Service · 2016-06-08 · courts
appeal court overturns security-for-costs order in complex drogheda building dispute the of ruled that unusual complexity, key defences not established at required preliminary standard and a €500,000 lodgement justified refusing security for costs. it did decide underlying claims. has overturned an
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Courts Service · 2016-06-07 · courts
high court refuses to lift stay in investor’s claim against anglo irish bank the said investor had not shown a basis reopen zoning issue decided earlier pathfinder proceedings or establish that he was consumer. [2016] iehc 327 refused an application statutory on his corporation limited and mainland
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Courts Service · 2016-06-07 · courts
high court awards €64,020.63 after finding loose stair nosing caused workplace fall the found dunnes stores liable for a shelf packer’s injuries at its parkway shopping centre premises in limerick and made no of contributory negligence. [2016] iehc 337 has awarded packer that him to work july 2013.
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Courts Service · 2016-06-07 · courts
court of appeal dismisses challenge over missing serious illness cover the held that financial services ombudsman could rely on evidence heard at an oral hearing when rejecting o’regans’ complaint against zurich. has dismissed derek o’regan’s a high decision upheld ombudsman’s rejection about insura
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Courts Service · 2016-06-07 · courts
high court sends mortgage complaint back for reconsideration the found that financial services ombudsman had misunderstood borrowers’ main and wrongly said there was no conflict of fact. it remitted matter reconsideration, without deciding whether an oral hearing needed. [2016] iehc 383 has sent a t
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Courts Service · 2016-06-07 · courts
high court rejects tenant’s appeal against tenancy tribunal ruling the found no legal error in tribunal’s decision over a rent arrears termination notice, and dismissed appeal. [2016] iehc 308 has rejected ajay marwaha’s residential tenancies board determination that upheld of his for non-payment re
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Courts Service · 2016-06-07 · courts
high court refuses to strike out woman’s claim over remortgage of her home the found margaret hosey had at least a stateable against former solicitor mortgage allegedly restored without consent. it directed both defendants file defence within three weeks. [2016] iehc 610 has refused hosey’s remortga
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Courts Service · 2016-06-07 · courts
court of appeal rejects challenge to hostel log used in sex-offender notification conviction the dismissed both grounds ian bissett’s appeal, finding salvation army was kept for day-to-day management and that he knew non-compliance could carry a penalty. has against his failing notify gardaí change
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Courts Service · 2016-06-03 · courts
high court strikes out challenge to appointment of president the found pleaded claims disclosed no reasonable cause action and were frivolous or vexatious. a separate motion for judgment in default defence was deferred. [2016] iehc 302 struck jerry beades’s proceedings challenging peter kelly’s as c
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Courts Service · 2016-06-02 · courts
high court refuses to halt dunnes stores dispute over point square the ruled that an expert appointed assess completion could not decide parties’ substantive disagreement what their development agreement required. [2016] iehc 344 has refused application by village developments ltd. and its two recei
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Courts Service · 2016-06-02 · courts
high court orders 2010 farm subsidy for eligible land after finding inspection procedure flawed the found that handling of inspections and appeals officer’s decision involved errors law. it ordered payment 167 hectares, excluded disputed commonage left damages, interest costs further submissions. [2
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Courts Service · 2016-06-02 · courts
high court orders fresh assessment of claimed risk over congolese applicant’s travel documents the refused to quash a decision denying re-entry asylum process, but sent deportation-order revocation back for limited reassessment. [2016] iehc 316 quashed part refusing revoke deportation order an anony
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Courts Service · 2016-06-02 · courts
supreme court rejects interim appeal in €15m tax dispute the held that a taxpayer must wait until commissioners decide final liability and amount due before appealing to circuit court. [2016] iesc (number not stated) has ruled cannot midway through appeal, after revenue was entitled assess outside o
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Courts Service · 2016-06-02 · courts
court of appeal dismisses against five-year sentence for syringe threat the upheld imposed after a jury convicted damien o’brien threatening to injure shop worker with syringe, finding no error principle in sentencing judge’s approach. has dismissed o’brien’s severity prison another person syringe.
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Courts Service · 2016-06-02 · courts
supreme court dismisses appeals over administration of michael campbell’s estate the upheld earlier decisions setting aside a citation and striking out claims against administrator former solicitors, while leaving estate’s final distribution to be completed. ireland dismissed brendan loughrey’s conc
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Courts Service · 2016-06-02 · courts
supreme court finds two charges against stephen murphy junior should not have been brought the rejected malicious prosecution and false imprisonment claims, but awarded his expenses for appeal after identifying errors relating to events in june 1996. [2016] iesc (number supplied source) dismissed an
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Courts Service · 2016-06-01 · courts
high court extends thomas mcfeely’s bankruptcy to may 2020 the found serious, continuing failures disclose property interests, file a complete statement of affairs and provide true residential address. it ordered maximum extension allowed, reduced slightly account for his age. [2016] iehc 299 court,
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Courts Service · 2016-06-01 · courts
applicant ordered to pay €17,000 in costs after family law judgment the high court measured for losing two issues, with both sums come from her share of net proceeds home. [2016] iehc 492 a divorce case she lost on issues: whether should hear child’s views about possible sale home, and claim by u.d.
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Courts Service · 2016-06-01 · courts
court of appeal dismisses solicitors’ over failed €10m property sale the upheld high court’s negligence judgment, finding that its factual conclusions about lost and rosbeg partners’ later negotiations could not be disturbed on appeal. damages had been dealt with in court. has dismissed an by l. k.
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Courts Service · 2016-06-01 · courts
court of appeal dismisses challenge to €3.45m sale meath farmland the upheld approval a private treaty negotiated after public auction attracted no meaningful bids, finding defendants had not shown unfairness or evidence that higher price was likely. 2015 no. 581 has dismissed an by three brothers a
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Courts Service · 2016-06-01 · courts
high court sets aside state defendants’ joinder in historic abuse claim the ruled that against defendants was manifestly statute barred and would fail independently, removed them from proceedings. [2016] iehc 290 has set of a personal injuries action arising alleged at christian brothers school lime
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Courts Service · 2016-06-01 · courts
court of appeal allows mannion’s over dismissal claim against legal aid board the found that much delay was inordinate and inexcusable, but said balance justice marginally favoured letting continue because showed little consequential prejudice. has allowed dolores her board, finding proceedings desp
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Courts Service · 2016-06-01 · courts
high court sets aside joinder of state defendants in 1970 abuse claim the held that against was clearly statute barred and, separately, bound to fail. it set their and struck out them. [2016] iehc 294 has a personal injuries action brought by timothy wallace over alleged sexual at north monastery sc
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Courts Service · 2016-06-01 · courts
children court rejects bid to stop charges against teenager before trial the said it lacked jurisdiction prohibit prosecutions at this stage, leaving defence free raise issues about capacity and mental intent each trial. [2016] iedc 10 court- dublin metropolitan district has refused a application cr
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