localnews.ie

Irish local news and public records

Courts Service · 2016-10-28 · courts

High Court finds serious quarry planning breaches but leaves restoration order for later

high court finds serious quarry planning breaches but leaves restoration order for later the found that keegan quarries breached conditions at lands in clegarrow and rahinstown, including by quarrying below water table. it said would appoint an expert to advise on environmental screening practical b

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

High Court refuses request for sworn information behind Garda search warrant

high court refuses request for sworn information behind garda search warrant the found document material to an ongoing criminal investigation and said disclosure risked identifying confidential informants. it refused plaintiff’s application without redacting document. [2016] iehc 591 has francis mcg

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

High Court orders visa decisions within six weeks after prolonged delays

high court orders visa decisions within six weeks after prolonged delays the found that open-ended in three eu family cases breached applicable requirements. it ordered decisions, while leaving outcomes and any necessary checks to minister. [2016] iehc 691 minister for justice equality decide sets o

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

High Court refuses appeal certificates in two UK surrender cases

high court refuses appeal certificates in two uk surrender cases the found brexit-related objections did not establish a point of law warranting certification, citing absence evidence real risk to rights after surrender. [2016] iehc 798 refused applications for decisions concerning united kingdom, f

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

High Court restricts three directors after restaurant company liquidation

high court restricts three directors after restaurant company liquidation the made restriction declarations under section 819 did not oppose application or establish a defence. it raised concerns about €825,000 in transactions with connected to two and failures provide supporting documents. [2016] i

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

High Court rules Dublin pilot’s injury claim falls within maritime time limit

high court rules dublin pilot’s injury claim falls within maritime time limit the held that could proceed under section 46(2) of civil liability act 1961, even though no collision between vessels was alleged. [2016] iehc 603 has ruled a port personal limitation provision in although incident did not

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

Appeal court cuts sentence after finding judge used wrong statutory maximum

appeal court cuts sentence after finding judge used wrong statutory maximum the of set aside ron tulie’s original for four sexual offences and imposed years’ imprisonment, with final two years suspended. appeal; dublin circuit criminal (court below) a seven-and-a-half-year on tulie defiling girl und

Report a correction · Ask for more detail

Courts Service · 2016-10-28 · courts

Appeal court finds suspended sentence for €221,600 fraud unduly lenient

appeal court finds suspended sentence for €221,600 fraud unduly lenient the of allowed prosecution’s challenge to but had not yet decided on a replacement penalty in this judgment. has found that wholly imposed former senior insurance claims official involving more than €220,000 was lenient. said it

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Court of Appeal raises Darius Savickis prison damages award to €17,225

court of appeal raises darius savickis prison damages award to €17,225 [2016] ieca 310 the has increased an arising from events at castlerea €225 €17,225, while upholding a jury finding concerning his transfer between cells naked. ms justice irvine agreed with separate judgment mr hogan that should

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Court of Appeal cuts William Trimble money laundering sentence to three years in custody

court of appeal cuts william trimble money laundering sentence to three years in custody the has reduced effective custodial imposed on after gardaí recovered almost €293,000 and £12,000 cash from properties a vehicle north dublin. had pleaded guilty one count laundering, with similar counts taken i

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Court of Appeal replaces life sentences for E.T. with 15-year terms in child abuse case

court of appeal replaces life sentences for e.t. with 15-year terms in child abuse case the has replaced imposed on defiling an 11-year-old boy prison and reduced ten related sexual assault from 14 years to 11 years. had pleaded guilty offences committed between december 2008 april 2009. said involv

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

High Court declines to direct inquiry into Frank Ward’s detention

high court declines to direct inquiry into frank ward’s detention the rejected constitutional arguments against his committal warrant and found no basis order an article 40 inquiry. [2016] iehc 596 has declined detention, finding conclude that imprisonment was unlawful. ward applied in writing chall

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Supreme Court dismisses Perry Wharrie’s appeal in extradition case

supreme court dismisses perry wharrie’s appeal in extradition case the refused an adjournment to seek amend appeal, after minister’s counsel said new circumstances could be raised before surrender despite existing order. dismissed a concerning his under european arrest warrant scheme. it also applic

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

High Court finds T.M. has capacity and ends detention as he returns to Ireland

high court finds t.m. has capacity and ends detention as he returns to ireland the said could live at a nua healthcare facility only voluntarily. it found continued in england unjustified left open whether power detain adults under its inherent jurisdiction. [2016] iehc 593 that had sufficient decid

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Judge would raise Darius Savickis prison assault damages to €17,225 after Castlerea incident

judge would raise darius savickis prison assault damages to €17,225 after castlerea incident [2016] ieca 310 court of appeal a has concluded that should receive in over an and the negligent use restraint techniques during 2009 at prison. savickis, who was then serving six-year sentence, had refused

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Supreme Court rules Northern Ireland boats lack legal authority to harvest mussel seed in Irish territorial waters

supreme court rules northern ireland boats lack legal authority to harvest mussel seed in irish territorial waters the allowed an appeal, finding that 1965 voisinage arrangement and 2006 act did not amount legislation required authorise fishing. has ruled fishing for by registered vessels state’s is

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

High Court awards €47,200 after shop worker’s knee injury

high court awards €47,200 after shop worker’s knee injury liability was admitted for the 2012 accident. found resulting symptoms continued until a second operation in 2016 and awarded €45,000 general damages, plus agreed special damages. [2016] iehc 594 manager left she slipped on water at her workp

Report a correction · Ask for more detail

Courts Service · 2016-10-27 · courts

Court of Appeal dismisses appeal over three-and-a-half-year assault sentence

court of appeal dismisses over three-and-a-half-year assault sentence the upheld after finding trial judge was justified in setting a starting point for an involving knife and attempted extortion. has dismissed by archili mindadze, upholding prison term with final six months suspended causing harm t

Report a correction · Ask for more detail

Courts Service · 2016-10-26 · courts

Court of Appeal dismisses Peter Nowak’s challenge over accounting regulator’s decision

court of appeal dismisses peter nowak’s challenge over accounting regulator’s decision the upheld refusal judicial review authority’s not to inquire into how an accountancy body handled complaint about pwc. it did decide whether he had standing bring case. [2016] ieca 301 has dismissed against his a

Report a correction · Ask for more detail

Courts Service · 2016-10-26 · courts

High Court orders surrender to Poland over 2007 hammer-drill sentence

high court orders surrender to poland over 2007 hammer-drill sentence the rejected objections a european arrest warrant, finding that an appeal had addressed concerns about respondent’s trial in his absence. [2016] iehc 802 has ordered of tomasz krzysztof skwierczynski serve remaining five months an

Report a correction · Ask for more detail

Courts Service · 2016-10-26 · courts

High Court refuses to quash drink-driving conviction after judicial review

high court refuses to quash drink-driving conviction after judicial review the found that interruptions during district trial did not make it unfair, and an appeal circuit could address case’s merits. [2016] iehc 606 has refused patricia o’mahoney’s application her conviction, finding interventions

Report a correction · Ask for more detail

Courts Service · 2016-10-26 · courts

Court of Appeal dismisses solicitor negligence appeal over Bus Éireann injury case

court of appeal dismisses solicitor negligence over bus éireann injury case the found appellant had not shown that professional failures by his legal team undermined result personal action. [2016] ieca 302 has dismissed patrick vesey’s in a action against solicitors their handling claim éireann. jud

Report a correction · Ask for more detail

Courts Service · 2016-10-26 · courts

Supreme Court rules against blanket rates exemption for Kilsaran asphalt and concrete plants

supreme court rules against blanket rates exemption for kilsaran asphalt and concrete plants the allowed commissioner of valuation’s appeal, holding that valuation tribunal could assess plant items individually rather than exempting each entire manufacturing installation. has appeal over rateability

Report a correction · Ask for more detail

Courts Service · 2016-10-26 · courts

Court of Appeal rejects further capital payment in divorce appeal, requires costs to be paid before decree issues

court of appeal rejects further capital payment in divorce appeal, requires costs to be paid before decree issues the upheld existing maintenance arrangement subject an undertaking, while ruling that could issue only after husband discharged specified legal costs. [2016] ieca 410 dismissed a wife’s

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

High Court upholds Roscommon conviction of vehicle owner over forged licence insurance issue

high court upholds roscommon conviction of vehicle owner over forged licence insurance issue [2016] iehc 583 the has upheld bronisaw opach for owning a used without an approved policy after named driver was found to be using driving in roscommon. case arose from garda detection on may 30, 2014 at li

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

Court of Appeal orders surrender of P.K. to UK over 1994 indecent assault allegations

court of appeal orders surrender p.k. to uk over 1994 indecent assault allegations [2016] ieca 303 the has ordered united kingdom face two alleged offences dating from 1994, overturning an earlier high refusal. european arrest warrant was issued by liverpool magistrates' in may 2015. complainant six

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

Court of Appeal dismisses challenge to sentences for Blackrock post office robbery

court of appeal dismisses challenge to sentences for blackrock post office robbery the found no error in principle concurrent imposed and related vehicle offences. has dismissed jonathan duffy’s against severity a at offences, finding by sentencing judge. concerned seven years’ imprisonment unlawful

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

High Court dismisses fire officer’s claim over oil spill fall

high court dismisses fire officer’s claim over oil spill fall the found south tipperary county council was not negligent or in breach of duty after a officer slipped while leaving tender at an clean-up. [2016] iehc 590 has dismissed action against ankle injury he suffered during clean-up cashel. jud

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

High Court refuses to halt WRC investigation into Clerys redundancies

high court refuses to halt wrc investigation into clerys redundancies the declined rule at this stage on whether inspectors lawfully entered a company’s dublin offices and seized laptop, leaving those questions for any future criminal trial. [2016] iehc 585 has refused deirdre foley d2 private limit

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

High Court refuses to assist in negligence claim over fishing boat tax scheme

high court refuses to assist in negligence claim over fishing boat tax scheme the found that both investor and his accountant knowingly participated a designed capital allowances incorrectly, made no order favour of either party. [2016] iehc 584 has side an action, finding from revenue incorrectly.

Report a correction · Ask for more detail

Courts Service · 2016-10-25 · courts

Court of Appeal quashes B.W. convictions but upholds F. McL. verdicts in historic abuse case

court of appeal quashes b.w. convictions but upholds f. mcl. verdicts in historic abuse case the has quashed b.w.’s indecent assault while leaving place his co-accused a prosecution involving two brothers. both men were convicted august 2014. complainants, identified as g.s. and k.s., alleged dating

Report a correction · Ask for more detail

Courts Service · 2016-10-24 · courts

Court of Appeal cuts K.M. sentence to 12 months over 1989 indecent assault

court of appeal cuts k.m. sentence to 12 months over 1989 indecent assault the has reduced k.m.’s prison from two years following his conviction for indecently assaulting a 15-year-old patient in 1989. k.m., general practitioner, had been convicted by jury at cork circuit criminal november 2015. off

Report a correction · Ask for more detail

Courts Service · 2016-10-24 · courts

Court of Appeal cuts Marcin Kazinski driving ban from 10 years to three after Waterford crash

court of appeal cuts marcin kazinski driving ban from 10 years to three after waterford crash the has reduced kazinski’s disqualification ten following a that left his 12-year-old daughter with catastrophic injuries. had pleaded guilty dangerous causing serious bodily harm and while over alcohol lim

Report a correction · Ask for more detail

Courts Service · 2016-10-24 · courts

Court of Appeal reduces Finbar O’Rourke sentence over fatal Portarlington drink-driving crash

court of appeal reduces finbar o’rourke sentence over fatal portarlington drink-driving crash the has reduced o’rourke’s for dangerous driving causing death or serious bodily harm following a near in which four-year-old ciaran treacy died and his mother suffered life-threatening injuries. pleaded gu

Report a correction · Ask for more detail

Courts Service · 2016-10-24 · courts

Supreme Court dismisses Nash’s appeal for damages over delay in murder prosecution

supreme court dismisses nash’s appeal for damages over delay in murder prosecution the found no culpable state on facts, while leaving scope of claims a timely-trial breach to future case. it also dismissed dpp’s challenge partial costs award. has mark seeking criminal process, finding that he had n

Report a correction · Ask for more detail

Courts Service · 2016-10-24 · courts

Supreme Court says it cannot amend late judge’s unapproved judgment

supreme court says it cannot amend late judge’s unapproved judgment the declined to alter earlier on prohibition of mark nash’s criminal trial, but arranged for a statement and proposed factual changes be linked beside it. has ruled that no power an delivered by mr justice hardiman, while arranging

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

High Court grants AIB summary judgment in €109,957.37 debt claim

high court grants aib summary judgment in €109,957.37 debt claim the held that defendant had not shown a fair or reasonable probability of bona fide defence to bank’s over current and loan accounts. [2016] iehc 576 granted allied irish banks plc against joseph smith for €109,957.37, finding he real

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

High Court upholds second summons renewal in apartment defects case

high court upholds second summons renewal in apartment defects case the refused a defendant’s motion to set aside an order extending time serve negligence claim, while leaving open possibility of fresh application if later evidence points real risk unfair trial. [2016] iehc 627 has renewing plenary

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

Court of Appeal overturns dismissal of motorcyclist’s injury claim

court of appeal overturns dismissal motorcyclist’s injury claim the rejected a finding that plaintiff’s should be dismissed under section 26 and proposed damages €153,952 after reducing his contributory negligence to 20%. [2016] ieca 298 has set aside high decision dismissing bill nolan’s personal i

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

High Court declines restriction orders against Doherty Brothers directors

high court declines restriction orders against doherty brothers directors the found three had acted honestly and responsibly, despite commercial errors during timber company’s final trading period. [2016] iehc 588 has declined to restrict former of company limited, finding they responsibly in affair

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

Court of Appeal finds Seamus Buckley sentence unduly lenient but does not extend time in custody

court of appeal finds seamus buckley sentence unduly lenient but does not extend time in custody the has found that a 12-month prison imposed on for 26 counts indecent assault was lenient, decided to period he would actually spend custody. had pleaded guilty cork circuit criminal offences committed

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

High Court restricts two directors after courier company liquidation

high court restricts two directors after courier company liquidation the found former had not shown they acted responsibly while managing fáilte logistics and distribution limited as it traded at a loss accumulated tax liabilities. [2016] iehc 589 has made restriction declarations against of finding

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

Court of Appeal orders defamation trials heard in private over witness protection risks

court of appeal orders defamation trials heard in private over witness protection risks the allowed garda commissioner to join two actions as a notice party and ordered hearings, with trial judge decide how commissioner’s counsel may participate. [2016] ieca 296 (source prints “[20106] 296”; apparen

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

High Court rules AIB’s claim against executor was statute-barred

high court rules aib’s claim against executor was statute-barred the found that two loan facilities fell due on 30 september 2009, before borrower’s death, and his estate brought outside applicable two-year period. [2016] iehc 581 has ruled allied irish banks plc’s action of thomas pollock barred by

Report a correction · Ask for more detail

Courts Service · 2016-10-21 · courts

Council ordered to pay costs after quarry haul-route decision quashed

council ordered to pay costs after quarry haul-route decision quashed the high court awarded angela pearce, finding westmeath county responsible for failures that led quashing of its on a road-safety condition. [2016] iehc 578 has pearce’s developer had complied with planning condition lay-bys along

Report a correction · Ask for more detail

Courts Service · 2016-10-20 · courts

High Court stays BAM payment claim while arbitrator considers dispute

high court stays bam payment claim while arbitrator considers dispute the held that must decide both amount recommended after conciliation and whether recommendation was validly made in time. [2016] iehc 582 court, commercial has stayed proceedings brought by building limited against ucd property de

Report a correction · Ask for more detail

Courts Service · 2016-10-20 · courts

High Court dismisses claim over Mayo council house clearance

high court dismisses claim over mayo council house clearance the found county was entitled to take control of a vacant caretaker-occupied and that plaintiff had opportunities retrieve his belongings before refurbishment began. [2016] iehc 574 dismissed thomas mccormack’s against loss access in parkv

Report a correction · Ask for more detail

Courts Service · 2016-10-19 · courts

Court of Appeal rejects bid to increase €3.8m judicial-separation award

court of appeal rejects bid to increase €3.8m judicial-separation award the dismissed a wife’s against lump sum ordered by high court, finding no basis disturb its assessment proper provision. [2016] ieca 421 has seeking larger after judicial separation, leaving in place court’s €3.8 million award.

Report a correction · Ask for more detail

Courts Service · 2016-10-19 · courts

Court of Appeal dismisses Bakare’s appeal over residency refusal

court of appeal dismisses bakare’s over residency refusal the found no appreciable risk that his irish citizen child would have to leave ireland or eu if bakare were refused residency, and seek judicial review. has dismissed omotaoy against challenge minister for justice equality’s decision denying

Report a correction · Ask for more detail

Courts Service · 2016-10-19 · courts

Court of Appeal overturns €464,000 award against ADM Londis

court of appeal overturns €464,000 award against adm londis the allowed londis’s and dismissed a counterclaim brought by two guarantors after finding contracts permitted immediate termination. it said separate breaches involving written notice signage removal caused no recoverable loss. [2016] ieca

Report a correction · Ask for more detail

Courts Service · 2016-10-19 · courts

Court of Appeal dismisses challenge to Labour Court recommendation on union recognition

court of appeal dismisses challenge to labour recommendation on union recognition the held that about waterford county council’s retained firefighters had no binding legal effect and could not be judicially reviewed. dismissed an by four their against a high decision court’s challenged judicial revi

Report a correction · Ask for more detail

Courts Service · 2016-10-19 · courts

Court of Appeal orders inquiry into detention after surrender deadline protection was stayed

court of appeal orders inquiry into detention after surrender deadline protection was stayed the allowed one two appeals by francis lanigan, directing a high whether his remained lawful. it dismissed separate against refusal first application. [2016] ieca 293 (civil) has directed to inquire lawfulne

Report a correction · Ask for more detail

Courts Service · 2016-10-18 · courts

Court of Appeal reduces sentence for Cork bus station robbery to four years

court of appeal reduces sentence for cork bus station robbery to four years the re-sentenced trevor o’donoghue after an concerning information about a rape conviction that he did not have. it suspended final 18 months on terms similar those originally imposed. reduced o’donoghue’s robbing €750 from

Report a correction · Ask for more detail

Courts Service · 2016-10-18 · courts

Court of Appeal reduces effective sentence for Aoife Molloy over violent Luas assault

court of appeal reduces effective sentence for aoife molloy over violent luas assault the has reduced custodial imposed on a passenger between smithfield and museum stops in dublin. had received four years' imprisonment with final 18 months suspended. increased suspended portion to two years, bringi

Report a correction · Ask for more detail

Courts Service · 2016-10-17 · courts

High Court refuses leave to challenge refugee tribunal decision

high court refuses leave to challenge refugee tribunal decision the extended time for a sri lankan applicant’s judicial review but refused after finding appeals tribunal’s reasoned and rational. [2016] iehc 550 man bring of 2011 rejecting his claim, that decision. in judgment delivered on 29 july 20

Report a correction · Ask for more detail

Courts Service · 2016-10-17 · courts

Court of Appeal suspends final year of Darren Coss sentence after Moneygall stolen-jeep chase

court of appeal suspends final year darren coss sentence after moneygall stolen-jeep chase the has suspended coss’s two-and-a-half-year for being carried in a stolen toyota hilux during prolonged garda pursuit through moneygall. pleaded guilty january 2015 to motor vehicle without owner’s consent. o

Report a correction · Ask for more detail

Courts Service · 2016-10-17 · courts

Supreme Court rejects bid to change costs order in Corrib pipeline case

supreme court rejects bid to change costs order in corrib pipeline case the ruled that 2011 environmental regime did not apply retrospectively litigation begun 2005 and ordered peter sweetman pay shell’s appeal costs. [2016] iesc (number incomplete source) has provisions (miscellaneous provisions) a

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court rejects challenge to guardian ad litem’s limited right to legal representation

high court rejects challenge to guardian ad litem’s limited right legal representation the refused quash a district order allowing litem instruct solicitor, who could act as an advocate only with court’s leave. [2016] iehc 555 application permitting in child care proceedings solicitor or and counsel

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court grants leave to appeal on family immigration decisions

high court grants leave to appeal on family immigration decisions the certified a question about whether minister must assess family’s circumstances as whole when discretionary allow one member stay and require another leave. [2016] iehc 544 granted for justice equality ruling that had quashed refus

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court orders visa decision within six weeks after finding excessive delay

high court orders visa decision within six weeks after finding excessive delay the found an open-ended breached eu free-movement rules, but did not direct minister to grant visa. it refused applicants’ claim for damages. [2016] iehc 600 has ordered justice and equality decide a pakistani woman’s iri

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

Court of Appeal dismisses woman’s appeal over 1963 symphysiotomy

court of appeal dismisses woman’s over 1963 symphysiotomy the held that high was entitled to find credible evidence procedure justified under medical standards time. [2016] ieca 281 has dismissed linda farrell’s against rejection her negligence claim a performed at coombe hospital in 1963, finding h

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court answers all six questions against Subway franchisee in hot food VAT appeal

high court answers all six questions against subway franchisee in hot food vat appeal the said heated sandwiches and tea coffee supplied by bookfinders limited were subject to 13.5% rate for relevant 2004–05 periods, answered “yes” each question case stated. [2016] iehc 569 has a stated limited, tha

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court orders surrender of Robert Donovan to UK despite Brexit objection

high court orders surrender of robert donovan to uk despite brexit objection [2016] iehc 567 the has ordered united kingdom under a european arrest warrant, rejecting an argument that uk’s vote leave union prevented his return. dated november 10, 2014, related life sentence imposed on for murder in

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court refuses Friends of the Irish Environment request to reopen peat power station ruling

high court refuses friends of the irish environment request to reopen peat power station ruling found no exceptional circumstances revisit its 2015 dismissal group’s judicial review over planning permission for continued operation edenderry and biomass plant. [2016] iehc 558 has refused a by (fie) c

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court orders surrender of 78-year-old to UK over historic child sex offence allegations

high court orders surrender of 78-year-old to uk over historic child sex offence allegations the rejected objections based on family life, health, delay and uk’s eu referendum, finding no legal bar surrender. judgment authorises an order under european arrest warrant act. [2016] iehc 568 has ruled t

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court sends €2.32m cheque dispute to plenary hearing

high court sends €2.32m cheque dispute to plenary hearing the defendants raised arguable defences over whether a could be presented and an earlier circuit case barred claim. did not decide those issues on summary judgment motion. [2016] iehc 580 has sent solicitors’ €2.32 million claim against alan

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

Court of Appeal rules personal injury claim was out of time

court of appeal rules personal injury claim was out time the allowed defendant’s cross-appeal, finding that claimant had enough information by february 2010 for limitation period to begin before she issued proceedings in september 2012. [2016] ieca 281 a cross-appeal john ryan and ruled linda farrel

Report a correction · Ask for more detail

Courts Service · 2016-10-14 · courts

High Court finds bar fall caused neck and ankle injuries, not chronic back pain

high court finds bar fall caused neck and ankle injuries, not chronic back pain the assessed damages at €46,927.66, subject to further submissions on medical expenses social welfare payments. [2016] iehc 586 found that a reardens in cork helen boland’s injury and, balance of probabilities, injury. i

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

High Court upholds Minister’s formula for White Sands Hotel workers’ insolvency payments

high court upholds minister’s formula for white sands hotel workers’ insolvency payments the found calculation method permissible and rational, but said workers could seek a review of weekly wage figures used. [2016] iehc 553 upheld minister social protection’s calculating insolvency-scheme to three

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal says livelihood impact can form part of 'special reasons' to avoid driving ban

court of appeal says livelihood impact can form part 'special reasons' to avoid driving ban [2016] ieca 289 the has ruled that a on person’s can, in exceptional circumstances, reasons for avoiding disqualification after first conviction without insurance. ruling arose from case tony skillington, who

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal upholds K.M. conviction over 1989 indecent assault allegation

court of appeal upholds k.m. conviction over 1989 indecent assault allegation the has upheld k.m., a general practitioner, for indecently assaulting 15-year-old patient during home visit in 1989. was convicted by jury at cork circuit criminal november 2015. complainant, m.h., alleged that on decembe

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal quashes three sexual assault convictions over timing evidence

court of appeal quashes three sexual assault convictions over timing evidence the allowed a limited by w.l., finding placed counts outside charged period. it upheld other convictions; separate sentence was not addressed in this judgment. quashed w.l.’s 18 for after that about when alleged offending

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Appeal court rejects company ‘receivership’ status label over one property

appeal court rejects company ‘receivership’ status label over one property the of upheld registrar’s right to record a receiver’s appointment trust property, but ruled that labelling itself “in receivership” was misleading and outside her powers. [2016] ieca 274 has companies registration office may

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal dismisses Stephen Wilson’s appeal over Ballina hotel burglary conviction

court of appeal dismisses stephen wilson’s over ballina hotel burglary conviction the ruled jury received an adequate warning about recognition evidence and rejected a challenge to cctv footage admitted at trial. has dismissed against his for courthouse in ballina, finding that trial judge’s was adm

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal overturns director’s personal liability for unpaid car order

court of appeal overturns director’s personal liability for unpaid car order the allowed graham sedgwick’s appeal, finding statutory test was not met because company’s bank support known to be at imminent risk when it received customer’s advance payment. [2016] ieca 280 has overturned a high making

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Supreme Court sends AIB damages dispute back to High Court for reassessment

supreme court sends aib damages dispute back to high for reassessment the of appeal was allowed after ruled should reflect value aib’s lost security close solicitor’s breach, with amount still be calculated. has an by seamus maguire & co solicitors in a allied irish bank over breach undertaking, and

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal reduces effective sentence for S.D. over sexual assault of four-year-old girl

court of appeal reduces effective sentence for s.d. over sexual assault four-year-old girl the has reduced prison term imposed on serious a in may 2010. had received ten years' imprisonment central criminal court, with final 18 months suspended. increased suspended portion to two and half years, lea

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

High Court awards unsuccessful hepatitis compensation appeal costs to claimant

high court awards unsuccessful hepatitis compensation appeal costs to claimant the departed from usual rule that follow outcome, citing appeal’s wider relevance and circumstances in which issue arose. [2016] iehc 556 has ordered minister for health pay a.q.’s of incidental her concerning a c tribuna

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

High Court refuses RTÉ discovery bid in Norris libel case

high court refuses rté discovery bid in norris libel case the rejected a request for documents about david norris’s representations concerning ezra yizhak nawi and his support cathal ó searcaigh, finding they related to matters not pleaded as defamatory meanings. [2016] iehc 554 refused rté’s applic

Report a correction · Ask for more detail

Courts Service · 2016-10-13 · courts

Court of Appeal upholds Eamon Murphy convictions despite unlawful retention of DNA sample

court of appeal upholds eamon murphy convictions despite unlawful retention dna sample the has upheld murphy’s for aggravated burglary and unlawfully taking a vehicle following break-in at home outside ballymahon, co longford. was convicted by jury longford circuit criminal in february 2015. prosecu

Report a correction · Ask for more detail

Courts Service · 2016-10-12 · courts

High Court removes Northern Ireland agriculture department from Wicklow potato seed case

high court removes northern ireland agriculture department from wicklow potato seed case [2016] iehc 552 the has removed ireland’s a damages claim brought by two kilcoole farmers over they alleged was wrongly certified. paul brady and john bought batches of “premier elite” in march 2012. purchased i

Report a correction · Ask for more detail

Courts Service · 2016-10-12 · courts

High Court refuses solicitor’s bid to halt circulation of NARGC resolution

high court refuses solicitor’s bid to halt circulation of nargc resolution the interlocutory application concerned a proposed alleging that william egan had breached mediated agreement. declined grant requested injunctions, leaving defamation issues for possible plenary trial. [2016] iehc 566 refuse

Report a correction · Ask for more detail

Courts Service · 2016-10-12 · courts

Court of Appeal dismisses challenge over proposed Globe nightclub sale

court of appeal dismisses challenge over proposed globe nightclub sale the found that parties had not agreed a closing date, which evidence showed they intended to make an express term sale. [2016] ieca 272 has dismissed by entertainment limited and sean doyle rí-rá in dublin, finding no concluded c

Report a correction · Ask for more detail

Courts Service · 2016-10-12 · courts

Court of Appeal upholds strike-out of Gorse Hill claims

court of appeal upholds strike-out gorse hill claims the dismissed appeals by vico limited and o’donnell children, holding that their should have been raised in earlier proceedings. it did not decide separate over high judge’s refusal to recuse himself. [2016] ieca 273 has members family against ord

Report a correction · Ask for more detail

Courts Service · 2016-10-11 · courts

Court of Appeal allows Dublin Airport Authority appeal over escalator injury

court of appeal allows dublin airport authority over escalator injury the set aside a high negligence finding and dismissed claim, ruling that had met its statutory duty care. [2016] ieca 261 (civil) has allowed plc’s against an fall at elizabeth lavin’s personal claim. order awarded her €40,000 aft

Report a correction · Ask for more detail

Courts Service · 2016-10-11 · courts

High Court grants AIB judgment against executor of James Likely estate

high court grants aib judgment against executor of james likely estate the set aside a master’s order dismissing claim and granted after finding proposed defences did not raise an arguable basis to resist it. [2016] iehc 579 allied irish banks plc’s margaret as executrix her late husband’s for amoun

Report a correction · Ask for more detail

Courts Service · 2016-10-11 · courts

Court of Appeal overturns order removing administrator in Dunne estate dispute

court of appeal overturns order removing administrator in dunne estate dispute the said william dunne’s potential conflict did not make his replacement necessary at this stage. underlying claims over farm land remain for trial. [2016] ieca 269 has overturned an as late father’s estate, finding that

Report a correction · Ask for more detail

Courts Service · 2016-10-11 · courts

Court of Appeal dismisses Garda’s appeal against three fraud-related convictions

court of appeal dismisses garda’s against three fraud-related convictions the rejected challenges to trial judge’s rulings and jury directions, refused leave add two late grounds. has dismissed john joe synnott’s his on counts arising from a purported 2007 road accident related insurance claims. cou

Report a correction · Ask for more detail

Courts Service · 2016-10-10 · courts

Court of Appeal cuts Michael Cummins’ effective jail term over Dundalk false imprisonment

court of appeal cuts michael cummins’ effective jail term over dundalk false imprisonment the has reduced custodial effect sentence for falsely imprisoning and assaulting a man during an ordeal at his home. cummins had received eight years' circuit criminal court, with final two years suspended. lef

Report a correction · Ask for more detail

Courts Service · 2016-10-10 · courts

Court of Appeal allows conviction appeal after finding trial unfair

court of appeal allows conviction after finding trial unfair the cited admission complainant’s statements, judge’s response to her refusal answer questions, and summary defence medical evidence. concerned only. allowed anthony kelleher’s against his for assault causing harm, that he had not received

Report a correction · Ask for more detail

Courts Service · 2016-10-10 · courts

Court of Appeal dismisses violent disorder sentence appeal

court of appeal dismisses violent disorder sentence the found no error in a five-year sentence, with final 18 months suspended, citing appellant’s role attack and his existing suspended sentence. has dismissed mark carlyle’s against severity prison for disorder, finding sentencing judge’s approach o

Report a correction · Ask for more detail

Courts Service · 2016-10-10 · courts

Court cuts M.M. sentence to six years for sexual abuse of boy on Carlow family farm

court cuts m.m. sentence to six years for sexual abuse of boy on carlow family farm appeal the has reduced m.m.’s effective prison from eight offences committed against a over two separate periods between 1991 and 1999. had been convicted at circuit criminal in may 2014 25 counts assault, one count

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

High Court awards €25,060 after woman suffered psychiatric injury in lift entrapment

high court awards €25,060 after woman suffered psychiatric injury in lift entrapment the found incident worsened plaintiff’s childhood claustrophobia, while noting that some of her treatment addressed pre-existing condition. [2016] iehc 570 awarded marie dicker damages finding being trapped a at squ

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

High Court orders broad chemical records discovery in Air Corps injury claim

high court orders broad chemical records discovery in air corps injury claim the required state defendants to search for about chemicals used across casement aerodrome, finding material relevant a contested personal claim. [2016] iehc 547 has ordered minister defence, ireland and attorney general di

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

High Court refuses to stop B.S. trial over alleged 1970 rape despite 45-year delay

high court refuses to stop b.s. trial over alleged 1970 rape despite 45-year delay [2016] iehc 548 the has refused prosecution of an dating from 1970, a more than four decades and deaths three people he said could have assisted his defence. had been returned for in central criminal on one charge all

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

High Court awards €110,000 for PTSD after rehearing hepatitis compensation appeal

high court awards €110,000 for ptsd after rehearing hepatitis compensation appeal the overturned tribunal’s nil award psychiatric injury, finding that w had moderate post-traumatic stress disorder witnessing his son’s death. it reduced €125,000 assessment by €15,000 treatment he did not undertake. [

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

District Court orders child into State care until 18 after finding abuse and neglect

district court orders child into state care until 18 after finding abuse and neglect following a 14-day hearing, the made full order under act 1991 issued directions on access, support review. [2016] iedc 17 an chúirt dúiche / ordered that remain in of family agency age finding, balance probabilitie

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

Court of Appeal dismisses cannabis sentence appeal, with six-week custody credit

court of appeal dismisses cannabis sentence appeal, with six-week custody credit the upheld a three-and-a-half-year for cultivating in dublin, but directed that six weeks spent solely offence be credited. 298/15 dismissed an against prison at apartment central while directing appellant receive alrea

Report a correction · Ask for more detail

Courts Service · 2016-10-07 · courts

High Court to inspect warrant information in dispute over search of haulage yard

high court to inspect warrant information in dispute over search of haulage yard the said it would examine sworn behind a 2014 weigh disclosure against claims informer and investigative privilege. [2016] iehc 549 will used obtain francis mcguinness’s premises, after deciding that competing for privi

Report a correction · Ask for more detail

Courts Service · 2016-10-06 · courts

Court of Appeal dismisses appeal against nine-year sentence for indecent assault

court of appeal dismisses against nine-year sentence for indecent assault the said was severe and at upper end available range, but did not fall outside it. 25/15 has dismissed k.c.’s severity a prison assault, finding no error in principle imposed by dublin circuit court. on 12 january 2015 after k

Report a correction · Ask for more detail

Courts Service · 2016-10-06 · courts

Supreme Court dismisses Revenue appeal over out-of-time tax avoidance notice

supreme court dismisses revenue appeal over out-of-time tax avoidance notice the held that four-year limit applied to process begun against hans droog, whose return was found not involve fraud or neglect. dismissed an by commissioners, holding a issued droog under anti-avoidance rules out of time. c

Report a correction · Ask for more detail

Courts Service · 2016-10-06 · courts

High Court finds J.B. has capacity and rules further detention in England illegal

high court finds j.b. has capacity and rules further detention in england illegal the held that could no longer be detained under its inherent jurisdiction, set out interim arrangements for his return to ireland support. [2016] iehc 575 ruled j.b., an anonymised adult who had been at st. andrew’s ho

Report a correction · Ask for more detail

Courts Service · 2016-10-06 · courts

Court of Appeal dismisses challenge to historic abuse trial indictment

court of appeal dismisses challenge to historic abuse trial indictment the upheld refusal leave seek judicial review, finding premature and proposed grounds unarguable. it did not decide allegations or fairness itself. [2016] ieca 304 has dismissed p.f.’s against a high decision refusing review in p

Report a correction · Ask for more detail

Courts Service · 2016-10-05 · courts

High Court refuses bid to strike out bank defence over discovery dispute

high court refuses bid to strike out bank defence over discovery dispute the was not satisfied that two defendants breached their agreement or rules on discovery. underlying trial listed for november 2016. [2016] iehc 565 has refused an application by mary b. curran of ireland trust services limited

Report a correction · Ask for more detail

Courts Service · 2016-10-05 · courts

Supreme Court dismisses appeal over disputed farm bequest

supreme court dismisses appeal over disputed farm bequest the held that a will’s unclear condition for ending son’s interest made farmland devise void, leaving land in estate residue residuary legatee. of ireland has dismissed an by sean corrigan his late father’s county westmeath, declaring was voi

Report a correction · Ask for more detail

Courts Service · 2016-10-05 · courts

Court rules trial should proceed despite delay in charging man for alleged assault as a minor

court rules trial should proceed despite delay in charging man for alleged assault as a minor the children found that prosecution was substantial up to early 2016, but later substantially attributable accused. it said count significant mitigation if he is convicted or pleads guilty, and prohibited p

Report a correction · Ask for more detail

Courts Service · 2016-10-05 · courts

High Court orders targeted discovery in Merck patent dispute

high court orders targeted discovery in merck patent dispute a ruling on two motions set the scope of first trial module and required both sides to produce specified additional material. did not decide whether was valid or infringed. [2016] iehc 540 court, commercial has ordered bristol myers squibb

Report a correction · Ask for more detail

Courts Service · 2016-10-04 · courts

Court of Appeal dismisses doctor’s challenge over delayed judicial review

court of appeal dismisses doctor’s challenge over delayed judicial review the upheld refusal to extend time, finding proposed remedies had become moot after medical council inquiry concluded and registration was cancelled. has dismissed mohammad shoaib’s against a high time for him issue serve motio

Report a correction · Ask for more detail

Courts Service · 2016-10-04 · courts

Court of Appeal raises Drogheda arrest injury award to €17,500

court of appeal raises drogheda arrest injury award to €17,500 the replaced a jury’s damages and contributory-negligence assessment, limited plaintiff’s costs lesser two statutory amounts. allowed liam buckley’s over following jury trial arising from his on george’s street, drogheda, 24 september 20

Report a correction · Ask for more detail

Courts Service · 2016-10-04 · courts

Court of Appeal dismisses appeal against teenager’s violent disorder sentence

court of appeal dismisses against teenager’s violent disorder sentence the found no error in principle three-year sentence, with final 15 months suspended, and dismissed appeal. has c.d.’s severity her for disorder, finding dublin circuit court’s decision to impose three years’ detention suspended.

Report a correction · Ask for more detail

Courts Service · 2016-10-04 · courts

Court refuses Perry Wharrie bid to take West Cork cocaine case to Supreme Court

court refuses perry wharrie bid to take west cork cocaine case supreme of criminal appeal the has refused permission pursue a further arising from his convictions over major importation operation off coast. had been convicted after 41-day trial in circuit possession, possession for sale or supply an

Report a correction · Ask for more detail

Courts Service · 2016-10-04 · courts

Court of Appeal dismisses Ryanair’s defamation appeal over Australian pilot’s forum posts

court of appeal dismisses ryanair’s defamation over australian pilot’s forum posts the found no evidence that a third party accessed post in ireland and said australia remained natural even if irish jurisdiction had been established. has dismissed proceedings against pilot peter john fleming, findin

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court rejects aviation regulator’s €199,654 claim against AIB over travel agency collapse

high court rejects aviation regulator’s €199,654 claim against aib over travel agency collapse the held that a later bond took effect from 1 may 2009, ending bank’s liability under earlier bond. commission’s was dismissed. [2016] iehc 538 has dismissed commission for regulation’s allied irish banks

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court orders Star Elm Frames wound up under court supervision

high court orders star elm frames wound up under supervision the appointed a new liquidator after weighing allegations requiring independent investigation and disputes over creditors’ voluntary winding up. [2016] iehc 666 ordered limited to be supervision, miles kirby as removed anthony j. fitzpatri

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court dismisses building contractor’s claim after finding trial process abused

high court dismisses building contractor’s claim after finding trial process abused the granted defendants’ application at close of plaintiff’s evidence, citing serious dishonesty, shifting figures and failure to establish a prima facie case. [2016] iehc 539 has dismissed construction company’s for

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court refuses interim injunction in challenge to deportation orders

high court refuses interim injunction in challenge to deportation orders the refused an pending judicial review of minister’s refusal revoke orders, citing late and other factors. it did not determine substantive review. [2016] iehc 543 sought by a mother her child prevent their while they pursued d

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court sets aside amendment to Revenue tax claim against Malachy Grehan

high court sets aside amendment to revenue tax claim against malachy grehan the ruled that amended summary summons would prevent from pursuing a late appeal, and set order allowed amendment. it did not decide underlying claim. [2016] iehc 561 has an allowing amend recovery grehan, finding prejudice

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court dismisses challenge to removal order as out of time

high court dismisses challenge to removal order as out of time the also said notice gave adequate leave and that applicant’s conduct weighed against granting judicial review relief. [2016] iehc 545 dismissed a polish man’s order, finding his proceedings were brought outside applicable limits. conclu

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court refuses appeal certificate in planning judicial review

high court refuses appeal certificate in planning judicial review the said applicants’ proposed questions did not establish a point of law exceptional public importance or uncertainty law. [2016] iehc 536 has refused 14 applicants that would have allowed them to 2015 judgment concerning an bord plea

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court allows AIB to seek final judgment against three guarantors

high court allows aib to seek final judgment against three guarantors the found defendants’ affidavits disclosed no arguable defence bank’s €1 million claim each of them, but its order was for liberty enter judgment. [2016] iehc 562 has given allied irish banks plc defendants over guarantees linked

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court refuses Minister’s bid to appeal costs ruling in deportation case

high court refuses minister’s bid to appeal costs ruling in deportation case the declined leave order and an interim injunction, but listed injunction for further submissions. [2016] iehc 542 has refused minister justice equality a interlocutory judicial review concerning orders. mr richard humphrey

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court refuses to renew summons in cheque-conversion claim against two banks

high court refuses to renew summons in cheque-conversion claim against two banks the found that liquidator’s decision leave unserved proceedings dormant was not a good reason summons. it therefore refused renewal; judgment records no on underlying claim. [2016] iehc 535 has an application by company

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court refuses bid to acquire bankrupts’ claims over lack of evidence

high court refuses bid to acquire bankrupts’ claims over lack of evidence the ruled that litigation finance limited had not shown it standing seek an assignment against two companies. did decide whether should be assigned. [2016] iehc 527 refused application by compel official assignee transfer held

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court authorises compulsory medical treatment for life prisoner after self-inflicted neck injury

high court authorises compulsory medical treatment for life prisoner after self-inflicted neck injury [2016] iehc 541 the has authorised a serving sentence he repeatedly injured his and refused medication while being treated at an anonymised hospital. defendant, identified as c.d., was murder in whe

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court sends holiday pay dispute back to Labour Court for further analysis

high court sends holiday pay dispute back to labour for further analysis the found a legal error in how treated lorry driver’s lower actual as amount he was liable receive, but did not decide what his should be. [2016] iehc 598 has remitted between driver and first glass limited court, finding that

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court sets aside summons against South Korean shipping company

high court sets aside summons against south korean shipping company the held that it had no jurisdiction to hear claim eukor car carriers inc. and dismissed company. [2016] iehc 537 has set a cargo owner’s inc., ruling case it. judgment, delivered by mr justice noonan on 3 october 2016, concerned an

Report a correction · Ask for more detail

Courts Service · 2016-10-03 · courts

High Court makes no costs order after school suspension case becomes moot

high court makes no costs order after school suspension case becomes moot the judicial review concerned an appeals committee’s refusal to overturn a student’s suspension. did not decide challenge’s merits and made as costs. [2016] iehc 577 concerning became when school’s board of management lifted h

Report a correction · Ask for more detail