Courts Service · 2016-07-29 · courts
high court refuses appeal leave and eu reference in deportation case the refused applicant’s post-judgment applications discharged stays injunctions, allowing minister’s decision to take effect. [2016] iehc 475 an applicant permission a judgment his judicial review case, rejected request refer quest
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Courts Service · 2016-07-29 · courts
high court refers environmental costs questions to eu the adjourned parties’ competing applications pending an expedited preliminary ruling on seven of law. [2016] iehc 490 has referred law justice european union in a dispute over arising from challenge planning process for north-south electricity i
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Courts Service · 2016-07-29 · courts
high court dismisses appeal over revocation of nigerian woman’s refugee status the upheld minister’s decision after finding that appellant had not shown it was incorrect. made no on her current marital or children’s status. [2016] iehc 551 has dismissed a statutory against status, leaving minister f
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Courts Service · 2016-07-29 · courts
court of appeal increases judgment against dpd to €413,525 the dismissed dpd’s and allowed franchisees’ cross-appeal, adding statutory interest high award. it did not decide whether lodgement notices complied with rules. has an by interlink ireland limited, trading as d.p.d., a cross-appeal cyril re
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Courts Service · 2016-07-29 · courts
high court dismisses challenge over social assistance and work restrictions the rejected applicant’s claims as brought, citing procedural shortcomings, his loss of contact with solicitors failure to cooperate a deportation order. [2016] iehc 470 has dismissed judicial review by an anonymised applica
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Courts Service · 2016-07-29 · courts
high court refuses leave to challenge tenancy board determination the dismissed applicants’ request bring judicial review, noting that they were already actively appealing same determination. it also directed a hearing on whether limit future frivolous applications. [2016] iehc 471 peter nowak and a
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Courts Service · 2016-07-29 · courts
court of appeal rejects andrew shannon’s challenge to monet painting conviction the dismissed his against conviction, finding trial judge was entitled hear evidence about a separate hotel incident and later correctly refused discharge jury. has for damaging at national gallery, that safe jury could
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Courts Service · 2016-07-29 · courts
high court rejects inspection bid for documents protected by privilege a judge ruled that specified held tson’s official liquidator were litigation or without prejudice privilege, and refused the respondents’ application. [2016] iehc 460 has an application brendan o’halloran patrick to inspect over
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to refusal revoke deportation order the held that minister had considered couple’s constitutional family rights and decision was not unlawful or disproportionate. [2016] iehc 489 dismissed a judicial review by an anonymised couple for justice equality’s order. under ar
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to refusal revoke deportation order the found no clear illegality in minister’s decision, which weighed child’s interests against immigration control. was an existing order. [2016] iehc 468 dismissed a judicial review man whose daughter living ireland. it also discharg
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Courts Service · 2016-07-29 · courts
high court refuses purcell’s challenges to central bank inquiry the rejected constitutional and other an into suspected inbs contraventions, leaving it proceed. made no finding on whether purcell participated in those contraventions. [2016] iehc 514 has refused john stanley a contraventions by irish
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Courts Service · 2016-07-29 · courts
supreme court sets aside damages awards in dublin property sale dispute the allowed vendor’s appeal, ruling that lieu of specific performance could not stand after high had refused for laches. it made no order on repayment deposits. has derek stewart’s appeal two disputes, setting orders awarded to
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Courts Service · 2016-07-29 · courts
high court dismisses challenges to uk asylum transfers the rejected judicial review applications by three anonymised applicants, finding no basis invalidate transfer decisions. it said injunctions blocking would be discussed separately. [2016] iehc 469 dismissed two challenging decisions applicants
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Courts Service · 2016-07-29 · courts
high court orders mother’s return to family home pending law hearing in an interim decision, the placed two dependent sons their primary care, set temporary access arrangements and refused a stay. [2016] iehc 571 has ordered mother with her younger while case awaits full hearing. order also sets lim
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Courts Service · 2016-07-29 · courts
high court dismisses nigerian travellers’ challenge to dublin airport refusals as out of time the refused extend deadline for two applicants seeking 2012 decisions refusing them permission land, and dismissed their judicial review proceedings. [2016] iehc 487 has proceedings brought by who challenge
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Courts Service · 2016-07-29 · courts
high court quashes asylum appeal refusal over discriminatory prosecution analysis the ordered a fresh hearing before different tribunal member, finding decision failed to apply required persecution test and give clear reasons. [2016] iehc 517 has quashed refugee appeals refusing moldovan applicant’s
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Courts Service · 2016-07-29 · courts
high court quashes refusal of zimbabwean man’s subsidiary protection claim the found tribunal had not properly assessed whether alleged harm could follow applicant to bulawayo, and sent case back for reconsideration. [2016] iehc 491 quashed a refugee appeals decision refusing an anonymised from zimb
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Courts Service · 2016-07-29 · courts
high court refuses more time for skydiving club’s planning challenge the ruled that irish club limited filed its judicial review application 17 days outside statutory period and had not shown reasons delay were control. [2016] iehc 448 has refused an extension of to a decision about sponsored parach
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Courts Service · 2016-07-29 · courts
high court refuses leave to challenge rejection of ugandan asylum claim the ruled that applicant had not shown substantial grounds for judicial review refugee appeals tribunal’s decision. [2016] iehc 465 has refused an seek her claim, finding pleaded did establish a challenge. in judgment delivered
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Courts Service · 2016-07-29 · courts
high court refuses judicial review application over child access arrangements the declined to rule on broad legal propositions or regulate access, saying did not identify a challenged district order procedural challenge. [2016] iehc 451 refused leave and an for in case concerning mother’s her young
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to refusal revoke algerian man’s deportation order the rejected judicial review and discharged an interim injunction against deportation, while adjourning matter allow applications for leave appeal. [2016] iehc 462 dismissed a by man challenging minister justice equali
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Courts Service · 2016-07-29 · courts
high court orders €3,700 monthly interim maintenance in separation case the also ordered a further €700 month for dependent children, while adjourning competing asset motions until trial. [2016] iehc 572 husband to pay his wife pending trial their judicial proceedings, along with equal shares childr
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Courts Service · 2016-07-29 · courts
high court refuses quinns’ appeal over ulster bank mortgage decision mr justice max barrett declined to overturn the financial services ombudsman’s determination on six accounts, finding no basis interfere with evidence before him. [2016] iehc 453 has refused kevin and joan quinn’s against a ombudsm
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Courts Service · 2016-07-29 · courts
high court grants solicitor €176,433.65 summary judgment for unpaid fees the found maureen lawless had no arguable defence to fee claim and refused refer bill taxation. [2016] iehc 455 granted larry burke in legal owed by lawless, her request have assessed through a delivered on 29 july 2016, mr jus
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Courts Service · 2016-07-29 · courts
high court restrains receiver from acting over cork commercial units the found owners had an arguable case that lender’s unregistered transfer did not give it power to appoint a receiver. order is interlocutory; rent arrangements remain unresolved. [2016] iehc 447 has restrained in county after find
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Courts Service · 2016-07-29 · courts
high court orders security for auditors’ costs in pebble beach dispute the found that auditors had shown a prima facie defence and owners’ management company was unlikely to meet their if they succeeded. amount method of were left further submissions. [2016] iehc 446 has ordered owners limited provi
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Courts Service · 2016-07-29 · courts
high court finds arguable fraud case and grants asset-freezing injunction the ruling keeps an interim worldwide asset restraint in place while plaintiffs’ claims proceed; it does not decide whether alleged occurred. [2016] iehc 461 has ruled that three plaintiffs established a good their claim forme
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Courts Service · 2016-07-29 · courts
court of appeal sets aside hse third-party notice after two-year delay the ruled that in seeking to join was not justified as reasonably necessary, overturning high court’s refusal set notice. [2016] ieca 243 appeal; (prior order) has a bring health service executive (hse) into personal injuries act
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Courts Service · 2016-07-29 · courts
high court refuses challenge over missing record of child care appeal judgment the judicial review was brought nearly two years after circuit decision. found it out time and said requested relief would be futile. [2016] iehc 449 has refused a mother’s application for absence written or digital audio
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to south african man’s deportation order the found no unlawful error in minister’s proportionality assessment, while noting a tension between reasoning and applicant’s enhanced remission. [2016] iehc 474 dismissed judicial review order, finding basis quash decision. it
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Courts Service · 2016-07-29 · courts
court of appeal dismisses fishing vessel master’s challenge to three convictions the rejected appeals over unrecorded discards, alleged high grading and water separator measurements. fines remained in place. has dismissed gerrit plug’s against arising from operations by annelies ilena off county don
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Courts Service · 2016-07-29 · courts
high court refuses to return three children germany after finding father consented move the found father’s consent leaving was clear, based on a disputed deed and an email. it refused order recognised that german courts would decide custody access. [2016] iehc 457 application germany, their had clea
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Courts Service · 2016-07-29 · courts
high court refuses fraudulent preference declaration over director’s monthly pay the found evidence overcame statutory presumption that payments to ff couriers’ director were intended prefer him as a creditor. [2016] iehc 452 has refused liquidator’s application for couriers limited william day amou
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to refusal of somali applicant’s naturalisation the held that minister could rely on concerns about marital representations, an underage marriage and family reunification applications when assessing good character. [2016] iehc 466 dismissed a man’s judicial review his
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Courts Service · 2016-07-29 · courts
high court allows amended defence in o’gorman personal injuries case the permitted a new plea of contributory negligence after discovery raised questions about accident and whether plaintiff was wearing seatbelt. [2016] iehc 454 has allowed defendant to amend his case, so that dispute over plaintiff
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Courts Service · 2016-07-29 · courts
court of appeal dismisses fred forsey’s corruption conviction the upheld his convictions and six-year concurrent sentences, finding that statutory presumption imposed a legal burden conduct was sufficiently connected to council office. 2014 no. 80 dismissed against six jury for corruption, upholding
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Courts Service · 2016-07-29 · courts
taxi driver held fully liable for cyclist’s dublin crash; €30,000 general damages assessed the high court found negligent and cyclist free of negligence. it at €30,000, rejected two special-damage claims lack proof left form final orders to be discussed with counsel. [2016] iehc 482 a was collision
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to refusal revoke deportation order the held that applicant could not use a later application reopen procedural objections original order, and found no established substantive breach of rights. [2016] iehc 472 dismissed judicial review challenging minister for justice
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Courts Service · 2016-07-29 · courts
high court orders investor to clarify share-rights claim against stockbrokers the directed john o’meara provide further particulars in a dispute over an anheuser-busch rights offer. it did not decide whether defendants were liable or he suffered loss. [2016] iehc 456 has ordered give details of his
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Courts Service · 2016-07-29 · courts
high court says immigration minister must consider unborn child’s prospective rights in deportation review the granted leave and made a limited declaration about how section 3(11) application be considered. it refused applicants’ other reliefs did not require to grant an or halt automatically. [2016
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Courts Service · 2016-07-29 · courts
high court refuses to return child venezuela after finding grave risk the accepted that father had made a prima facie case for wrongful removal, but found child’s medical needs and possible difficulty accessing food created if she were returned. [2016] iehc 458 has refused father’s application his d
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Courts Service · 2016-07-29 · courts
high court dismisses challenge to refusal of visa for child join mother in ireland the held that could stand on independent grounds, including missing custody documentation and inconsistencies about child’s name. [2016] iehc 473 dismissed a judicial review application her ireland, ruling minister ju
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Courts Service · 2016-07-29 · courts
court of appeal refuses hse bid to set aside third-party notice the held that joining a personal injuries case was served as soon reasonably possible, despite 15½-month period before application for leave. [2016] ieca 243 has refused health service executive’s seeking in proceedings brought by majel
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Courts Service · 2016-07-29 · courts
court of appeal grants bail to man charged with 1987 kilkenny murder the allowed on strict conditions, including a €7,500 cash surety, residence requirements and restrictions contact prosecution witnesses. (civil) has granted murdering ann nancy smyth at her home in city 1987, subject surety conditi
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Courts Service · 2016-07-29 · courts
high court refuses to halt historic indecent-assault prosecution the found no basis prohibit trial at this stage, leaving questions of possible prejudice from delay for consideration by judge. [2016] iehc 509 has refused an application stop a involving nine alleged indecent assaults, finding irredee
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Courts Service · 2016-07-29 · courts
court of appeal rejects cabin crew member’s bid for wider flight data discovery the upheld high court’s refusal to order records about pilots’ qualifications and beyond touchdown in a personal injury action against aer lingus. has dismissed over lingus disclose additional her action. lorraine lawles
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Courts Service · 2016-07-28 · courts
court of appeal rules circuit lacked jurisdiction over possession cases involving six unrated homes the concerned properties mortgaged to permanent tsb in 2008. answered a case stated on jurisdiction, finding could not hear proceedings because domestic dwellings were rateable. 2016, 131 has ruled th
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Courts Service · 2016-07-28 · courts
court of appeal dismisses against three-year sentence for dangerous driving the found no error in sentencing judge’s decision not to suspend part leonard dumbrell’s support rehabilitation. has dismissed a prison taking vehicle without authority and two offences. it held that judge was entitled impos
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Courts Service · 2016-07-28 · courts
supreme court dismisses adverse possession appeal over disputed railway land the upheld trial judge’s finding that claimant had not established before works began in 1993, and respondents’ later actions were sufficient to prevent it. dismissed dennis dunne’s a dispute claimed through possession, no
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Courts Service · 2016-07-28 · courts
court of appeal upholds graduated response order against upc, with two changes the dismissed upc’s apart from removing a five-year review clause and provision about costs in future subscriber cases. has largely upheld an requiring upc communications ireland ltd to warn fixed broadband subscribers id
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Courts Service · 2016-07-28 · courts
supreme court justice criticises delays in ireland’s asylum protection system a separate judgment agreeing with the proposed and order an appeal concerning subsidiary protection, mr john macmenamin described former process as unwieldy harmful to applicants state. has criticised complexity of on prot
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Courts Service · 2016-07-28 · courts
supreme court rejects mecon’s appeal but leaves route open to renew stay bid the upheld permission serve proceedings on dubai company in ireland and refused a for now, subject steps limit overlapping litigation india. of dismissed mecon fze’s against an order allowing be served it outside refusing i
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Courts Service · 2016-07-28 · courts
high court refuses surrender to italy over defects in arrest warrant the found european lacked essential information about alleged offence, including when it began and respondent’s specific role. [2016] iehc 502 has refused giliola sadiku under a warrant, finding that omitted details offence for whi
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Courts Service · 2016-07-28 · courts
supreme court dismisses agency appeal over child’s return to scotland the upheld of appeal’s order, finding that irish high had no authority under eu regulation order scottish social services without a order. dismissed child and family agency’s affirmed concerning identified as kj. it agreed wrongly
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Courts Service · 2016-07-28 · courts
high court dismisses farmer’s claim over alleged mine subsidence the found that farmer had not proved surface damage caused by mining at killoran and dismissed his claims for damages restoration. [2016] iehc 500 martin dunne’s against vedanta lisheen limited to farmland buildings near killoran, coun
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Courts Service · 2016-07-28 · courts
supreme court dismisses solicitor admission appeal over dishonesty finding the upheld high president’s conclusion that eamonn carroll was not a fit and proper person to join solicitors’ profession, while clarifying standard applies apprentices. [1995] 3 i.r. 145 (referenced prior proceedings); no ci
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Courts Service · 2016-07-28 · courts
court of appeal dismisses carol burke’s over access to boston scientific servers the held that an inspection application could cover identified documents, not a search for material may have been omitted from discovery. dismissed against high refusal let her experts inspect scientific’s and computers
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Courts Service · 2016-07-28 · courts
high court refuses late appeal certificate in kerry road realignment case the said a further would prolong proceedings and require council notice party to defend costs issue again. [2016] iehc 463 has refused michael rowan’s application for that have allowed an over judicial review concerning doolah
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Courts Service · 2016-07-28 · courts
court of appeal dismisses challenge to fully suspended four-year sentence for child neglect the found no error in sentencing judge’s approach, including decision suspend full term subject conditions. has dismissed an by c.i. against a prison sentence, conditions, assault causing harm her daughter an
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Courts Service · 2016-07-28 · courts
court of appeal cuts counterfeit currency sentence to five and a half years the quashed six-year term after finding sentencing judge had not adequately explained mitigation allowed. it imposed new sentence, suspending its final 18 months subject bond. prison on richard molloy for possessing equipmen
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Courts Service · 2016-07-28 · courts
high court refuses surrender to italy over defects in european arrest warrant the found lacked essential information about alleged offence, including when it was said have occurred and respondent’s specific role. [2016] iehc 501 has refused giuliano gherine under a seeking enforcement of 13-year pri
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Courts Service · 2016-07-28 · courts
supreme court rejects claim to clondalkin field beside railway station dennis dunne failed establish 12 years of uninterrupted adverse possession a three-acre claimed by cié. the upheld high court’s findings and cié’s title. [2016] iesc 000 has dismissed dunne’s appeal over station, finding that he
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Courts Service · 2016-07-28 · courts
court of appeal dismisses michael collins’s against murder conviction the rejected challenges to trial judge’s comments jury and manslaughter directions, concluding that did not undermine conviction. 334/12 dismissed his for murdering patrick hogan, finding recharging addressed potentially unfair no
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Courts Service · 2016-07-28 · courts
court of appeal rejects paul clarke’s bid for release from prison the dismissed an a high refusal to grant article 40 relief, holding that detention was not unlawful. it left his challenge length reactivated sentences sentence appeal. has against decision refusing order under constitution. held unla
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Courts Service · 2016-07-28 · courts
high court refuses additional discovery request in construction dispute the found an existing category adequately covered documents about a defendant’s decision to use third-party aggregate, and set conditional costs orders for motions. [2016] iehc 444 court, commercial refused james elliott limited
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Courts Service · 2016-07-28 · courts
supreme court rejects state bid to change test for deportation injunctions pending appeal the said okunade applies at stage, but did not decide whether it was correctly applied family’s circumstances. has rejected state’s seeking a different legal that restrain while an is pending. held set out in b
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Courts Service · 2016-07-28 · courts
district court finds young person habitually resident in ireland and makes care order the ruled that conditions for exercising irish jurisdiction were met after finding had become within weeks of arriving. it did not decide disputed circumstances her departure or resolve trafficking investigation. [
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Courts Service · 2016-07-27 · courts
supreme court allows appeal over tipperary raceway injunction and remits case the set aside high court’s against sent matter back for a fresh decision on restrictions needed to address planning breaches nuisance. it imposed an interim ban drifting pending that decision. has allowed by operators of r
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Courts Service · 2016-07-27 · courts
high court rejects challenge to refusal revoke father’s deportation order the held that minister had considered children’s constitutional and family life rights, found no basis quash refusal. original an earlier were not under review. [2016] iehc 531 has rejected a judicial review for justice’s agai
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Courts Service · 2016-07-27 · courts
high court refuses bid to move or dismiss dunne bankruptcy asset claims the rejected gayle dunne’s application stay proceedings brought by official assignee, finding ireland had strongest connection dispute and that parallel us case did not make irish action an abuse of process. [2016] iehc 690 irel
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Courts Service · 2016-07-27 · courts
high court sends €1.09m loan claim to plenary hearing the defendants’ account of an alleged 2013 agreement with ibrc raised arguable defence by loan’s assignee, ruled. [2016] iehc 440 has sent a €1,089,847.88 against aidan foy and philip hearing, finding that defendants had summary judgment applicat
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Courts Service · 2016-07-27 · courts
court of appeal removes high costs order in company share dispute the ordered no on petition through 5 june 2015 and valuation remedy appeals. it gave only a preliminary view appeal. has set aside requiring respondents to pay petitioner’s dispute. that neither side should recover 2015, including mod
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Courts Service · 2016-07-27 · courts
high court disqualifies eventelephant director for five years and restricts fellow the found that one diverted customer funds other failed to act responsibly in 2011–2013. it made a five-year disqualification order restriction declaration. [2016] iehc 525 disqualified alan barrett from acting as com
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Courts Service · 2016-07-27 · courts
high court grants allied irish banks €6.09m summary judgment against guarantor the refused to send bank’s claim a plenary hearing, finding defendant’s stated grounds did not justify delaying judgment. enforcement of and costs was stayed until 30 november 2016. [2016] iehc 507 has granted plc for €6,
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Courts Service · 2016-07-27 · courts
court of appeal lets bankrupt couple maintain two defences to gorse hill injunction claim the held that most claims in couple’s defence and counterclaim belonged official assignee, but allowed mrs o’donnell’s family home protection act argument a claimed right residence remain as possible permanent
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Courts Service · 2016-07-26 · courts
supreme court overturns dismissal of traceys’ proceedings over medical reports the found that inadequate amounted to a procedural failure, but dismissing claims was disproportionate. it ordered further high case management. [2016] iesc 16 (referenced prior only); citation for this judgment not state
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Courts Service · 2016-07-26 · courts
high court orders preliminary hearings in four nui galway promotion cases the directed that legal questions, including whether lecturers can pursue common law claims, be heard before full trials. it did not decide merits of their discrimination allegations. [2016] iehc 518 has ordered brought by who
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Courts Service · 2016-07-26 · courts
high court refuses surrender in french arrest warrant case the found allegations did not correspond to false imprisonment under irish law because materials establish that 16-year-old lacked capacity consent. [2016] iehc 587 refused m.z. france a european warrant, finding alleged offences on facts se
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Courts Service · 2016-07-26 · courts
court of appeal upholds liquidator’s removal but sets aside orders to transfer three sums the found sufficient grounds remove anthony j. fitzpatrick over conduct liquidation, ruled high lacked jurisdiction make related money-transfer under companies act 2014 on date it did. upheld as liquidator ball
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Courts Service · 2016-07-26 · courts
high court quashes quarry haul-route compliance decision the found westmeath county council had accepted an inadequate survey under a planning condition requiring details for entire one-way haul route. it sent matter back fresh decision. [2016] iehc 477 has quashed council’s that developer complied
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Courts Service · 2016-07-26 · courts
supreme court dismisses both appeals over costs in residency case the upheld high court’s decision to make no order after long-term was granted while judicial review proceedings were under way. dismissed an appeal and a cross-appeal that became moot minister for justice elias matta residency. it aff
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Courts Service · 2016-07-25 · courts
high court refuses leave to challenge refusal revoke deportation order the rejected all ten grounds advanced by an anonymised applicant seeking judicial review of minister’s 2015 decision concerning his order. [2016] iehc 425 has refused seek not a made against him in 2011. mr justice mac eochaidh d
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Courts Service · 2016-07-25 · courts
high court awards applicant half her costs in mental health judicial review the ordered respondents to pay 50% of applicant’s costs, citing proceedings’ public law importance and a statutory issue not previously litigated. [2016] iehc 467 m.c.’s concerning discharge from central hospital. mr justice
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Courts Service · 2016-07-25 · courts
court of appeal dismisses murder conviction the rejected a challenge to admission witness’s recorded interview and declined fault trial judge for not giving an accomplice warning about another witness. has dismissed jonathan fitzgerald’s against his murder, rejecting evidence admitted at proposed gr
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Courts Service · 2016-07-25 · courts
high court strikes out challenge to receiver’s appointment over aberdeen lodge the held that elektron holdings and ann keane should have raised their claims in earlier proceedings, which had already resulted supreme orders confirming granting possession. [2016] iehc 438 court, commercial struck proc
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Courts Service · 2016-07-25 · courts
high court refuses leave to challenge refusal revoke deportation order the found applicants had not established substantial grounds seek judicial review of minister’s decision concerning first applicant. [2016] iehc 426 has refused a family minister for justice and equality’s against concluded that
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Courts Service · 2016-07-25 · courts
high court strikes out abuse claims over delay and risk of unfair trial the dismissed all proceedings brought by anthony mcdonagh, citing passage at least 36 years since alleged abuse, death primary abuser lengthy inactivity after case began. [2016] iehc 428 has mcdonagh physical sexual a galway sch
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Courts Service · 2016-07-25 · courts
court of appeal reduces sentence for attempted cash-in-transit robbery conspiracy the substituted a six-and-a-half-year after finding original failed to reflect joseph warren’s role and relatively good record. his separate firearms was not under appeal. reduced connected an robbery, substituting ter
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Courts Service · 2016-07-25 · courts
high court confirms supervision conditions on solicitor’s 2016 practising certificate the refused john f. condon’s appeal for an unconditional certificate, confirming law society’s direction and setting out detailed through end of 2016. [2016] iehc 420 ireland has solicitor application that he must
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Courts Service · 2016-07-25 · courts
court cuts cork drug sentence from seven years to four, reducing total term 14 the of appeal left 10-year wexford and its consecutive structure in place, but reduced earlier after finding combined 17-year unduly harsh. martin mcbride’s for a offence bringing his effective prison 17 14. it unchanged
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Courts Service · 2016-07-25 · courts
high court says flawed planning notice cannot support prosecution of dublin café company the held that selling alcohol without food did not by itself breach a condition requiring restaurant to remain premises’ principal use. it directed be acquitted. [2016] iehc 427 has ruled against benqueues limit
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Courts Service · 2016-07-25 · courts
high court says maternity leave excluded engineer from defence forces promotion process the declared diane byrne qualified for to commandant 28 may 2013, finding failed follow required procedures and breached equal-treatment rules. a claim lost earnings remains be heard. [2016] iehc 464 has that an
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Courts Service · 2016-07-25 · courts
court of appeal sets aside bandon murder conviction and orders retrial the found that trial judge’s answer to a jury question could have confused jurors about whether manslaughter verdict against appellant might affect separate trial. appeal; central criminal sitting in cork (trial court) has set ci
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Courts Service · 2016-07-25 · courts
court of appeal dismisses against seven-year net sentence the found no error in sentencing approach, which reduced a 14-year starting point to 10-year term with three years suspended. has dismissed an severity imposed on man convicted offences defilement child under 15. sentence, by circuit offaly 2
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Courts Service · 2016-07-25 · courts
high court refuses leave to challenge refusal revoke deportation order the found applicant had not shown substantial grounds review minister’s refusal, including over claims about risk on return democratic republic of congo. [2016] iehc 424 refused an seek judicial minister for justice and equality’
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Courts Service · 2016-07-22 · courts
high court dismisses lorry mirror contribution claim after finding nine years’ delay inexcusable the found plaintiff delayed in pursuing its against defendants and that caused more than moderate prejudice. judgment does not decide underlying allegation about lorry’s mirror. [2016] iehc 510 has dismi
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Courts Service · 2016-07-22 · courts
court of appeal upholds €40,253 confiscation order in drug trafficking case the dismissed michael byrne’s challenge to a over funds three bank accounts, finding trial judge’s conclusion had ample evidential support. 287/12 has against covering €40,253.62 held leaving made by dublin circuit criminal
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Courts Service · 2016-07-22 · courts
high court refuses challenge to lithuanian man’s removal order the rejected challenges minister’s decision, finding it rational on material before decision-maker. refused relief sought. [2016] iehc 432 has a application quash made public policy grounds, decision rational, reasoned and sustainable ju
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Courts Service · 2016-07-22 · courts
high court orders staged overnight access for child during breastfeeding appeal the upheld in principle, varied circuit order and set a transition plan, with arrangements to be reviewed february 2017. [2016] iehc 608 affirmed principle of between father his young child, but add measures review date.
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Courts Service · 2016-07-22 · courts
high court quashes removal order after finding family rights were not considered the found a fundamental error in decision-making process and granted certiorari, leaving applicant’s other arguments undecided. [2016] iehc 431 has quashed five-year exclusion against lithuanian man that decision-maker
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Courts Service · 2016-07-22 · courts
high court refuses challenge to rejection of nigerian man’s asylum claim the found refugee appeals tribunal had lawfully assessed applicant’s credibility and refused judicial review reliefs he sought. [2016] iehc 430 has a application quash decision rejecting his claim, finding that acted within its
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Courts Service · 2016-07-22 · courts
high court refuses bid to halt hospital bullying investigation the judge found inordinate and inexcusable delay in handling one consultant’s complaint, but said employee had not shown a clear case for stopping process at this stage. [2016] iehc 423 has refused an employee’s application stop into com
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Courts Service · 2016-07-22 · courts
high court strikes out family’s personal injury claim against homebond the found warranty provider was excluded by written agreement. action other defendants not decided this motion. [2016] iehc 434 has struck a national house building guarantee company, which trades as homebond, ruling that barred
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Courts Service · 2016-07-22 · courts
court of appeal dismisses against 12-year sentence for attempted rape and related offences the said was severe but within available range, found no error in principle warranting intervention. has dismissed an severity a prison imposed offences, finding that did not fall outside range. by central cri
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Courts Service · 2016-07-22 · courts
court of appeal reduces sentence for malicious damage to three years the set aside an eight-year and suspended final year subject conditions including staying away from injured party named areas in nenagh. reduced christopher mccarthy’s eight years’ imprisonment, suspending 12 months on that he stay
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Courts Service · 2016-07-22 · courts
high court affirms order allowing child’s relocation to town identified as d the dismissed a father’s appeal against circuit permitting child move with his mother at end of school year. left costs for later submissions. [2016] iehc 781 has affirmed relocate her in judgment only d, take place mr just
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Courts Service · 2016-07-22 · courts
high court clears retired judge to seek criminal legal aid work, quashes minister’s refusal the ruled that a did not need join law library or be regulated by bar council considered for defence panel. it declined several other remedies, including damages. [2016] iehc 406 quashed minister justice and
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Courts Service · 2016-07-22 · courts
court of appeal suspends final 18 months sentence in sexual assault case the varied a nine-year after finding that sentencing judge had not addressed psychological report about appellant’s childhood abuse. imposed on t.b., suspending six-year sentences condition he take part better lives programme w
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Courts Service · 2016-07-22 · courts
high court finds r. had capacity after ending detention in england the found to consent treatment he moved voluntarily an irish care facility, but left form of any final order for further submissions. [2016] iehc 445 has that r., anonymised young man with complex needs, his return ireland from a sec
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Courts Service · 2016-07-21 · courts
high court refuses algerian man’s challenge to third naturalisation refusal the found minister’s assessment of good character was not shown be unreasonable and rejected applicant’s procedural eu law arguments. [2016] iehc 416 has refused an application for judicial review minister justice equality’s
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Courts Service · 2016-07-21 · courts
high court refuses afghan applicant’s challenge to asylum appeal decision the rejected a bid quash refugee appeals tribunal’s refusal of his appeal, finding no basis grant relief sought. [2016] iehc 417 has refused an man’s application for judicial review refusing appeal. declined tribunal and other
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Courts Service · 2016-07-21 · courts
court orders retrial after finding fair trial possible in 2005 kidnapping case the of appeal said offence’s seriousness and impact on victims’ family supported a retrial, despite time that had passed respondents’ fairness concerns. has ordered c.c. m.f., ruling could take place january 2017 over tig
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Courts Service · 2016-07-21 · courts
high court awards €60,422.96 after workplace back injury the accepted that an empty 170kg meat-processing drum struck plaintiff and caused injuries, but rejected most of his claimed loss earnings. [2016] iehc 439 awarded a butcher in damages finding him at work injured back. he later suffered distre
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Courts Service · 2016-07-21 · courts
high court allows wind farm application to proceed but bars planning decision pending appeal the partly lifted a stay over proposed 25-turbine development in castletownmoor, allowing an be submitted and processed while keeping on hold of ruling. [2016] iehc 488 has allowed for at co meath, processed
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Courts Service · 2016-07-21 · courts
high court dismisses appeal over transfer of shankill home the upheld a circuit order setting aside conveyance into joan mccann’s sole name, finding it was made to defeat solicitor’s claim against peter mccann. [2016] iehc 443 has dismissed an by mccann and affirmed their family home. mr justice bin
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Courts Service · 2016-07-20 · courts
high court strikes out fuel supplier’s proceedings after finding station operator suppressed lease renunciation the found defendant had acted deceitfully and vexatiously over a document affecting its tenure, but struck entire rather than only defence counterclaim. [2016] iehc 437 between supplier pe
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Courts Service · 2016-07-20 · courts
high court refuses to set aside €153,215 dairy equipment judgment the found defendant had not shown a reasonable prospect of defending debt claim and delayed substantially. it refused reopen judgment, without prejudice later application stay further execution. [2016] iehc 476 has an by farmer michae
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Courts Service · 2016-07-20 · courts
court of appeal dismisses gary howard’s against double murder convictions the rejected challenges to his arrest, interview evidence, detention extension and trial judge’s directions on cctv timings. has dismissed for murders paddy mooney brendan molyneaux, rejecting jury. judgment was delivered by m
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Courts Service · 2016-07-19 · courts
supreme court dismisses state appeal over fishing vessel safety case the rejected high court’s finding that atlantic marine supplies had a legitimate expectation of enforcement, but made no substantive order and invited submissions if parties could not agree on costs. dismissed an by in dispute stan
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Courts Service · 2016-07-19 · courts
supreme court invalidates renewals of 12 fine-default warrants the allowed sharon buckley’s appeal, finding had been renewed despite gardaí knowing where she was. it also said a separate €150 fine paid. has appeal against renewal issued after failed to pay fines for road traffic offences. held that
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Courts Service · 2016-07-19 · courts
high court dismisses appeal over hepatitis c compensation test threshold the ruled that a positive abbott chlia screening result did not meet statutory requirement for diagnosis in claim made after 20 june 2006. [2016] iehc 429 has dismissed a.q.’s against refusal of her claim, ruling tests she rece
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Courts Service · 2016-07-19 · courts
appeal court increases suspended part of sentence for ballymun violent disorder the found an error in sentencing approach and insufficient credit mitigation, but kept prison term at three a half years. set aside glen kiely’s replaced it with years prison, final two suspended. original year. did not
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Courts Service · 2016-07-19 · courts
high court admits four amici in facebook data transfer case, refuses five applications the allowed united states, epic, bsa and digital europe to assist proceedings over standard contractual clauses. it refused other listed case for further directions. [2016] iehc 414 has admitted electronic privacy
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Courts Service · 2016-07-19 · courts
high court refuses challenge to naturalisation refusal over confidential security material the dismissed an iranian refugee’s judicial review, accepting that national justified withholding reasons and gist of a privileged document. [2016] iehc 408 has refused national’s application overturn his appl
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Courts Service · 2016-07-19 · courts
court of appeal dismisses challenge to three-year sentence over wexford home invasion the upheld concurrent sentences imposed after liam mccann pleaded guilty damaging property, unlawful use a vehicle and false imprisonment. has dismissed mccann’s against for three offences arising from 2014 inciden
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Courts Service · 2016-07-18 · courts
high court orders fintra trawling directors to repay company funds the found company’s solvency declaration was subject a statutory presumption because debts were not paid or provided for, and directed repayment while allowing credit for costs owed company. [2016] iehc 511 ordered of limited money a
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Courts Service · 2016-07-18 · courts
court of appeal dismisses over four-year sentence for jeweller theft the said theft’s gravity belonged in middle range, but remained within trial judge’s acceptable discretion. dismissed an against a prison imposed on viorel salageanu stealing tray rings from dundalk. it concluded that although sent
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Courts Service · 2016-07-18 · courts
court of appeal dismisses against sentence for cannabis offence the found no error in principle an eight-year sentence, with final two years suspended, imposed after a guilty plea. has dismissed donal ryan’s severity prison under section 15a misuse drugs act. said was within available range and that
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Courts Service · 2016-07-18 · courts
court of appeal suspends final 2½ years man’s five-year sentence the allowed an against full activation a suspended sentence, finding that sentencing judge had not adequately considered partial activation. has prison suspending its two and half on usual terms. found circuit whether to activate only
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Courts Service · 2016-07-18 · courts
court of appeal suspends final 18 months galway burglary sentence the set aside a three-year after finding sentencing judge wrongly believed he had no alternative, then imposed three years with suspended. prison on paul mason for serious in and resentenced him to years’ imprisonment, suspending usua
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Courts Service · 2016-07-14 · courts
high court refuses leave to challenge refugee decision the found proposed judicial review grounds did not establish substantial of illegality, including claims about medical evidence, a police report and internal relocation. [2016] iehc 676 refused an application for seek affirming recommendation th
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Courts Service · 2016-07-14 · courts
court of appeal upholds bank’s proceedings over €21.15m debt secured on four properties the rejected darcys’ claim that fresh abused process and upheld high orders. has orders allowing allied irish banks to pursue enforcement a €21.15 million against owned by thomas antoinette darcy, with interest a
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Courts Service · 2016-07-14 · courts
court of appeal says judicial review can provide effective remedy in asylum re-admission cases the allowed minister’s appeal, holding that meet eu law’s effective-remedy requirement when high thoroughly reasons for refusing re-admission. has minister justice, equality and law reform’s a case about a
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Courts Service · 2016-07-14 · courts
high court quashes dismissal of dean paget burglary case in blanchardstown prosecution [2016] iehc 559 the has ruled that a district order dismissing against for want must be quashed. was accused by dpp committing on february 5, 2015. first came before dublin march and later proceeded blanchardstown
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Courts Service · 2016-07-14 · courts
high court dismisses appeal over refusal of life insurance claim the found no serious error in financial services ombudsman’s decision that irish could avoid policy for material non-disclosure. [2016] iehc 560 dismissed janet richardson’s against a ombudsman finding assurance plc was entitled to tre
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Courts Service · 2016-07-13 · courts
court of appeal to ask eu about jobseekers’ allowance rights former self-employed worker the remains undecided. settled questions for referral on residence and access payment, after finding that an individual assessment social-assistance burden did not arise facts. appeal, civil has three justice eu
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Courts Service · 2016-07-13 · courts
court of appeal rejects liquidated company’s bid to recover bank payments the held that tucon process installations lacked standing bring statutory application and separately dismissed its on merits disputed transfers. an by limited, in voluntary liquidation, over three credited overdrawn ireland ac
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Courts Service · 2016-07-13 · courts
high court refuses to stop trial over destroyed car evidence the found applicant had not met threshold for an order prohibiting his prosecution, leaving any fairness measures judge. [2016] iehc 433 has refused application prohibit of a man charged with driving without due care and attention, resulti
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Courts Service · 2016-07-13 · courts
supreme court dismisses vec appeal over paused discrimination inquiry the left equality tribunal to decide whether older alleged incidents could be used seek redress, and directed that resume. has dismissed an by county louth vocational education committee, now known as meath training board, how int
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Courts Service · 2016-07-13 · courts
supreme court dismisses appeal in adapted accommodation damages case a concurring judgment, mr justice clarke tentatively suggested that future cases could assess by starting with the cost of renting suitable premises. dismissed an national maternity hospital and peter lenehan brought charlotte barr
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Courts Service · 2016-07-13 · courts
court of appeal refuses credit union’s bid to sell two jointly owned family homes the dismissed appeals seeking sale crowley and hamilton satisfy debts owed by husbands, while confirming union was entitled well-charging orders over both properties. has refused muintir skibbereen applications judgmen
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Courts Service · 2016-07-13 · courts
supreme court dismisses hospital appeal over €735,000 accommodation award the upheld a high for child’s future costs, finding that its unusual calculation had produced no injustice in this case. has dismissed national maternity hospital’s against needs of charlotte barry, child with severe cerebral
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Courts Service · 2016-07-13 · courts
supreme court dismisses education board’s appeal over ongoing discrimination inquiry the said it was premature to rule on inquiry’s time limits before equality officer had decided issue. sent matter back for further investigation and a final determination. has dismissed an by louth/meath training bo
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Courts Service · 2016-07-13 · courts
high court orders three children returned to england and wales the found had been wrongfully removed considered their objections, but exercised its discretion order return under hague convention. [2016] iehc 404 has ordered after finding they were from that jurisdiction. accepted each child objected
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Courts Service · 2016-07-13 · courts
high court refuses anthony buck bid for release over solicitor-access ruling [2016] iehc 402 the has refused an application by convicted murderer from portlaoise prison based on a later supreme about access to solicitors during garda detention. was in central criminal february 1998 of murder and rob
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Courts Service · 2016-07-13 · courts
high court orders return of two children to romania despite older child’s objection the found nine-year-old’s mature and genuine but concluded, after weighing evidence submissions, that both children’s best interests favoured return. [2016] iehc 403 has ordered finding their sister’s returning was m
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Courts Service · 2016-07-12 · courts
supreme court dismisses appeal over garda delivery of letter through open door the found no error in high court’s refusal to grant leave for judicial review and said a was entitled deliver an door. has dismissed john a. burke’s his home, finding him seek review. concerned decision may 2009 refusing
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Courts Service · 2016-07-12 · courts
supreme court dismisses prison governor’s appeals over defective transfer warrants the held that could not be adapted or varied to change sentences after transfer, and upheld high court’s release orders. it expressed no view on a separate application concerning an earlier decision. dismissed governo
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Courts Service · 2016-07-12 · courts
supreme court dismisses prison governor’s appeal over flawed transfer warrants the upheld high court’s release orders for three men transferred from england, finding could not support their continued detention after ruling in sweeney. of ireland dismissed governor portlaoise prison’s and allowed app
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Courts Service · 2016-07-12 · courts
supreme court dismisses appeal over refusal to stay criminal prosecutions the said appellant had not established a significant argument support stay. concerned only high court’s halt district proceedings. has dismissed john gerard anthony burke’s against decision refusing proceedings him in court. j
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Courts Service · 2016-07-12 · courts
high court refuses injunction to stop receivers acting over two dublin properties the declined restrain appointed in clondalkin and 8, while allowing plaintiff continue her claims file a focused statement of claim. [2016] iehc 521 has refused clare gibb’s application for an interlocutory that sought
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Courts Service · 2016-07-12 · courts
supreme court judge would have dismissed o’brien’s appeal as moot justice mckechnie concluded that the published report and completed witness examination left no live dispute to resolve. he not hear on its merits, but his view did prevail; majority agreed with chief denham exceptional jurisdiction s
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Courts Service · 2016-07-12 · courts
supreme court judge says appeal over tribunal cross-examination rulings was moot in a separate judgment, justice iseult o’malley agreed the after report published, and said challenged did not breach fair procedures. limits on of an expert witness at inquiry into payments to messrs charles haughey &
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Courts Service · 2016-07-12 · courts
supreme court dismisses denis o’brien appeal over limits on tribunal cross-examination the heard despite finding it moot, then upheld high court’s refusal to overturn restrictions questioning professor michael andersen. has dismissed o’brien’s imposed his of andersen before inquiry into payments cha
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Courts Service · 2016-07-12 · courts
supreme court rejects appeal over portlaoise detention warrants justice john macmenamin concluded the transfer were fundamentally defective and could not be cured by varying them after prisoners had been transferred. dismissed governor of prison’s appeals used to detain three men transferred from en
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Courts Service · 2016-07-12 · courts
supreme court rules defective transfer warrants can be varied the allowed governor of portlaoise prison’s appeal, holding that high had jurisdiction to vary warrants, including sentences recorded in them. has ruled used sentenced prisoners ireland, correct those warrants. it an appeal by prison agai
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Courts Service · 2016-07-12 · courts
supreme court orders portlaoise warrants reduced to reflect english sentences the held that stating 28-year terms did not account for custodial portion identified in an earlier ruling. it ordered them varied, with time served and irish remission taken into account. has three prisoners at be varied p
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Courts Service · 2016-07-11 · courts
court of appeal dismisses challenge over esb power-line works the held that it could not revisit six planning determinations classifying as exempt development in proceedings seeking to restrain unauthorised development. 2015 no. 214 has dismissed killross properties ltd.’s electricity supply board u
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Courts Service · 2016-07-11 · courts
high court refuses leave to challenge austria transfer decision the found no arguable jurisdictional error in ireland’s dublin iii take back request, while noting applicant’s documents were sent after request had gone austria. [2016] iehc 399 has refused an iraqi applicant seek judicial review of a
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Courts Service · 2016-07-11 · courts
high court quashes refugee appeal decision over unlawful credibility findings the found six of ten against an asylum applicant were unlawful, including linked to his claimed sexuality and alleged persecution. it did not decide claim or assess future risk. [2016] iehc 398 has quashed a appeals tribun
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Courts Service · 2016-07-11 · courts
court of appeal rejects landowner’s fair-procedures challenge to esb works the dismissed killross properties’ on notice and fair procedures, finding statutory sufficient for issue before it. had already been completed. properties ltd’s arising from eirgrid’s temporary electricity-line company’s land
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Courts Service · 2016-07-11 · courts
high court refuses leave to challenge refusal of spouse visa the held that none seven proposed grounds for judicial review decision met arguability threshold. [2016] iehc 400 refused two applicants seek a refusing second applicant join first in ireland. ruling concerned whether they could proceed wi
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Courts Service · 2016-07-11 · courts
high court orders discovery of medical records in tesco injury case the granted most tesco’s requests for rosemary power’s personal injuries proceedings, while limiting pre-accident to three years and refusing part a duplicative category. [2016] iehc 390 ordered several categories proceedings brough
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Courts Service · 2016-07-11 · courts
high court bars deportation pending judicial review hearing amid unresolved injunction test the granted an interlocutory in special circumstances, without deciding merits of challenge or which party had stronger argument. [2016] iehc 401 has restrained minister for justice and equality from deportin
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Courts Service · 2016-07-11 · courts
court of appeal rejects challenge to dismissal delayed injury claim against minister the held that plaintiff’s delay was inordinate and inexcusable balance justice favoured dismissal. it dismissed his appeal, while noting a separate mibi remained available pursue. has an by brian millerick personal
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Courts Service · 2016-07-11 · courts
appeal judge found esb wayleave notice unlawful over delegation of authority in a court judgment on one set issues, mr justice cregan concluded the was served without lawful and should be aside. other issues were addressed separate judgments. an concerning temporary electricity line works land owned
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Courts Service · 2016-07-10 · courts
district court grants care order until child turns 18 the and family agency was granted a under section 18(1)(c), with access left to agency’s discretion directions for future review. [2016] iedc 15 reaches 18, after finding that child’s health, development welfare would be avoidably impaired or neg
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Courts Service · 2016-07-10 · courts
district court orders child to remain in care until 18 after finding abuse and neglect the made a full order under act 1991, on balance of probabilities that suffered physical, emotional sexual while her mother’s care. [2016] iedc 16 ordered be committed family agency age 18, she physical abuse, neg
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Courts Service · 2016-07-08 · courts
high court dismisses bid to challenge family law orders the refused leave for judicial review, finding challenges two circuit were out of time or unsuitable review. it also declined make a proposed restriction order against applicant. [2016] iehc 410 dismissed man’s application decisions by that his
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Courts Service · 2016-07-08 · courts
appeal court suspends final 10 months of financial controller’s three-year sentence the quashed original and resentenced patrick moran after finding a limited error in failure to consider suspending part it. moran’s for theft fraud offences him three years’ imprisonment, with suspended two years on
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Courts Service · 2016-07-08 · courts
high court rejects leave for challenge to compulsory purchase order the found judicial review application was filed in time, but refused because it could not discern substantial grounds challenge. [2016] iehc 394 martin mccreesh bring a challenging an bord pleanála’s confirmation of made by louth co
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Courts Service · 2016-07-08 · courts
high court awards ennis property finance €8.59m against wexford borrowers the found both defendants jointly and severally liable on six commercial loans, rejecting second defendant’s challenges to her liability receivership accounting. [2016] iehc 387 court, has awarded ltd €8,596,518.24 alan hynes
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Courts Service · 2016-07-08 · courts
high court refuses bid to strike out claim over midleton property sale the declined dismiss moores’ against a purchaser at this stage, while making clear it had not decided underlying property-rights issues. [2016] iehc 498 has refused an application concerning of in midleton, leaving dispute procee
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Courts Service · 2016-07-08 · courts
high court dismisses chef’s injury claim over drumcondra junction collision the found pedestrian crossed against a red signal and collided with car that had right of way. it also driver failed to keep proper lookout, but failure did not cause accident. [2016] iehc 409 dismissed personal after findin
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Courts Service · 2016-07-08 · courts
high court grants limited leave to challenge contempt warrant the allowed a judicial review proceed on remaining grounds, including new order’s description of alleged contempt. it did not decide whether was lawful. [2016] iehc 412 granted b.l. pursue an attachment order and issued in family law proc
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Courts Service · 2016-07-08 · courts
court of appeal dismisses accountant’s against vat fraud sentences the held that concurrent three-year sentences, with final 18 months suspended, were within range and appellant’s offences more serious than those his two clients. has dismissed an imposed for eight involving falsified returns, findin
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Courts Service · 2016-07-08 · courts
court of appeal reduces sentence for dangerous driving causing death the set aside a 10-year and substituted eight years, with final two years suspended under supervision. has reduced imposed on man who pleaded guilty to his friend, thomas mcdonagh, in co galway 2014. judgment, delivered 8 july 2016
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Courts Service · 2016-07-08 · courts
high court grants interim orders to receiver over two meath units the found had raised a clear and strong prima facie case, but did not finally decide whether his appointment was valid. were apply only wholly within relevant folio, subject hearing parties on any necessary amendment. [2016] iehc 391
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Courts Service · 2016-07-08 · courts
court of appeal reduces sentences for two men after sentencing error the ordered a fresh sentence hearing finding original judge had treated an unsupported allegation about punching on ground as significant. reduced imposed james hodgins and ronan hackett assault, that detail attack both pleaded gui
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Courts Service · 2016-07-08 · courts
high court sets aside decision to close skibbereen courthouse the found that conflicting savings figures and absence of reasons undermined courts service board’s decision, remitted matter for further consideration. [2016] iehc 388 has set amalgamate district area with clonakilty, a step would courth
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Courts Service · 2016-07-07 · courts
appeal court overturns finding that man was unfit for trial the of ordered case returned to cavan circuit criminal court, but made no a fair would ultimately be possible. has overturned robert harrison tried on charge dangerous driving causing death and serious bodily injury. it directed re-entered
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Courts Service · 2016-07-07 · courts
court of appeal stays sexual assault prosecution unless identities earlier alleged attackers are disclosed the ordered a conditional stay, giving complainant three months to disclose two people connected incidents. it did not prohibit outright. has stayed discloses incidents in 1993 and 1999. order
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Courts Service · 2016-07-07 · courts
court of appeal reduces rape sentence to 12 years, with final two suspended the found original sentencing process involved an error in principle, lowering and substituting eight-year term for sexual assault. reduced r.k.’s from 18 five suspended, suspended. it also replaced a concurrent 13-year assa
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Courts Service · 2016-07-07 · courts
appeal court rejects tipperary solicitors’ bid for courthouse facilities in town the of upheld high court’s refusal to require courts service repair or provide a at particular location, and left place an order that solicitors pay half respondent’s costs. has rejected six over service’s fund repairs
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Courts Service · 2016-07-07 · courts
court of appeal sends car-importer costs motion to three-judge panel president ryan directed that a seeking security for be heard alongside related over whether former company director should pay earlier costs. he did not decide ordered. the has from used car imports ireland limited by concerning di
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Courts Service · 2016-07-07 · courts
appeal court replaces suspended sentence with four years’ imprisonment the of set aside original for assault causing harm to a grandfather and ordered no part suspended. has four-year man who assaulted his imposed court, in judgment delivered on 7 july 2016, refused appellant’s application reduction
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Courts Service · 2016-07-07 · courts
high court refuses to remove trademark case from commercial list the said conduct behind a settled counterclaim did not justify transferring remaining dispute out of list. [2016] iehc 397 court, has refused an application by nualtra limited list, ruling that had been and no useful purpose would be s
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Courts Service · 2016-07-06 · courts
court of appeal replaces €400,000 condition with €100,000 security in oil debt case the set aside a high order requiring willowrock limited to lodge €400,000, substituting lodgement and other conditions so company could defend claim. has limited, trading as mccormack fuels, reopen brought by emo lim
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Courts Service · 2016-07-06 · courts
court of appeal rejects challenge to preliminary trial in catherine thomas case the concerned whether limitation and delay issues her civil action should be heard before rest case. dismissed it, leaving high order place. has jules thomas’s against an directing that tried as issues. ruling leaves pla
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Courts Service · 2016-07-06 · courts
high court awards €114,988 after dublin zoo ankle injury the assessed damages for a woman who fractured her slipping on wet manhole cover in 2011. liability was not disputed. [2016] iehc 393 awarded to suffered serious right at zoo. issue trial; judgment dealt with extent of injuries and damages. mr
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Courts Service · 2016-07-06 · courts
lavelle allowed to defend most of €5.8m loan claim the high court rejected his limitation defence and was satisfied stapleford finance had proved assignment, but him on consumer status other issues. [2016] iehc 385 has peter limited’s for about €5.8 million arising from seven loans, while rejecting
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Courts Service · 2016-07-06 · courts
high court upholds stamp duty exemption on irish life share transfer the found 2013 to canada was exempt under statutory provisions because ntma could have disposed of shares minister’s behalf. [2016] iehc 499 ruled that group limited in from duty. mr justice tony o’connor held applied national trea
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Courts Service · 2016-07-06 · courts
high court rejects single substitution order across 576 circuit cases the found that a blanket replacing irish bank resolution corporation with mars capital was not suitable for proceedings spread local jurisdictions. it left to proceed individually. [2016] iehc 395 court; appeal from has rejected i
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Courts Service · 2016-07-06 · courts
high court grants interim injunction over rathfarnham home after former owner’s return the found start mortgages had a strong prima facie claim to possession under deed of surrender, but underlying case remains be tried. [2016] iehc 386 granted an interlocutory concerning property finding that derek
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Courts Service · 2016-07-05 · courts
high court orders further particulars in depuy hip implant case the required plaintiff to clarify selected alleged defects and ordered manufacturers provide detailed scientific-knowledge afterward. [2016] iehc 382 has directed a suing over asr implants on several defects, give of scientific technica
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Courts Service · 2016-07-05 · courts
court of appeal rejects dpp bid to increase suspended cannabis sentences the found exceptional circumstances justified five-year for two men convicted harvesting plants. has rejected director public prosecutions’ application review as unduly lenient wholly imposed on warren bale and kaide fowler a c
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Courts Service · 2016-07-05 · courts
court of appeal reduces sentence in serious domestic assault case the found an error how sentencing judge handled a disputed allegation and imposed fresh two-year term, suspending its final 15 months. has resentenced man convicted causing harm to his then partner, reducing prison term larger portion
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Courts Service · 2016-07-05 · courts
court of appeal replaces consecutive sentences with concurrent terms for dublin van offences the allowed a sentence appeal, citing lack clarity about how original were set, and resentenced appellant to six three years, part longer term suspended. brian reilly’s against unauthorised taking motor vehi
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Courts Service · 2016-07-04 · courts
court of appeal dismisses challenge to jury selection in conspiracy conviction the ruled that a trial judge was entitled exclude jurors from three dublin areas after hearing reasons for request and defence objection. has dismissed joseph warren’s against his conspiracy, rejecting exclusion potential
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Courts Service · 2016-07-04 · courts
dublin children court finds jm unfit to be tried the district found could not adequately understand proceedings, and said proposed supports would make him fit stand trial. further submissions under criminal law (insanity) act 2006 are follow. [2016] iedc 12 {'name': 'the court- metropolitan court',
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Courts Service · 2016-07-01 · courts
high court refuses bid to strike out claim over investment-backed loan the found plaintiffs’ negligence and breach-of-contract against their solicitor was stateable, but made no finding on whether he breached a duty or caused loss. [2016] iehc 806 has refused an application stay couple’s advice loan
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Courts Service · 2016-07-01 · courts
high court rules ferry charter assignment invalid, but says owners could not cut short 14-day notice the preliminary ruling found fabjoll had standing to sue, remained between cendant and galtee plant hire. said was entitled recover its after period expired. [2016] iehc 389 has ruled that transfer o
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Courts Service · 2016-07-01 · courts
high court dismisses solicitor negligence claim over failed fish farm partnership the found solicitors acted competently in advising patrick o’reilly and dismissed his after considering evidence on its merits, despite a 19-year delay progressing action. [2016] iehc 508 has o’reilly’s professional ag
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Courts Service · 2016-07-01 · courts
high court refuses defendants’ disputed discovery requests in nokia assignment dispute the declined to order across five categories, finding unnecessary or irrelevant. it made no on plaintiff’s offer provide information about its standing and related payment details. [2016] iehc 384 court, commercia
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