Courts Service · 2016-11-30 · courts
high court rejects appeal over road obstruction during embassy protest the answered a case stated in negative, upholding district judge’s conclusion that protester had no reasonable excuse for obstructing ambassador’s car circumstances found. [2016] iehc 685 rejected legal by steven bennett his conv
Report a correction · Ask for more detail
Courts Service · 2016-11-30 · courts
appeal court quashes orders for medical records over lack of privacy-rights assessment the sent mutual assistance request back to district reconsideration, saying record did not show that appellant’s privacy rights had been properly weighed. [2016] ieca 362 has quashed three requiring witnesses hand
Report a correction · Ask for more detail
Courts Service · 2016-11-30 · courts
high court refuses security for costs in defamation cases linked to 2011 presidential campaign the declined require two plaintiffs provide while their claims proceed, citing special circumstances and public value litigating claims. [2016] iehc 683 has refused an application proceedings against dana
Report a correction · Ask for more detail
Courts Service · 2016-11-30 · courts
high court denies family costs in three child-care reviews, awards guardian ad litem one quarter the applicants were unsuccessful all judicial reviews. ordered child and agency to pay of litem’s costs, including two affidavits. [2016] iehc 756 refused applicants’ request for reviews concerning proce
Report a correction · Ask for more detail
Courts Service · 2016-11-30 · courts
guardian ad litem awarded costs against child and family agency the high court ordered to pay guardian’s of defending a district order in judicial review that was refused. [2016] iehc 757 (cfa) who defended proceedings. ruling made by ms justice baker on 30 november 2016, after had refused applicati
Report a correction · Ask for more detail
Courts Service · 2016-11-29 · courts
high court awards €704,209 to woman after depuy hip implant revisions the assessed damages company agreed case could proceed without plaintiff having prove implants were defective. it attributed 90% of her past, present and future problems company’s hips. [2016] iehc 684 awarded gillian o’sullivan €
Report a correction · Ask for more detail
Courts Service · 2016-11-28 · courts
supreme court says later quashing of prior conviction required sentence to be reassessed in a separate judgment, o’donnell j said the criminal appeal could consider changed circumstances while remained before it. he agreed that should allowed. has allowed an over imposed on maurice colbert, agreeing
Report a correction · Ask for more detail
Courts Service · 2016-11-28 · courts
high court permits late contract defence amendment in horse-feed dispute the allowed a feed supplier to add liability-limiting term its shortly before trial and gave buyer time respond. it also ordered costs against supplier. [2016] iehc 686 torc grain limited amend over ground nut supplied william
Report a correction · Ask for more detail
Courts Service · 2016-11-28 · courts
high court rules nppr charge deductible from rental profits the answered a case stated in favour of taxpayer who sought to deduct €1,200 charges paid on six properties 2009. [2016] iehc 748 ruled that non-principal private residence (nppr) could be deducted as “any rate levied by local authority” un
Report a correction · Ask for more detail
Courts Service · 2016-11-28 · courts
high court lifts injunction delaying deportation, with enforcement paused until january the discharged an existing while staying that discharge 20 2017, allowing applicants time to make consequential applications and put their affairs in order. [2016] iehc 703 has had prevented deportation of a moth
Report a correction · Ask for more detail
Courts Service · 2016-11-28 · courts
supreme court backdates sentence in sexual assault case, deems it served the left four-year concurrent sentences place but ordered them to run from 5 february 2010, concluding that appellant had them. [2016] iesc 000 has maurice colbert’s for assaults against a child place, they 2010. taking account
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court refuses mountjoy prisoner’s article 40 release application the held andrew larkin was detained in accordance with law, despite an outstanding appeal against reactivation of suspended sentences and earlier ruling that parts procedure were unconstitutional. [2016] iehc 680 refused larkin’s
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
court of appeal orders return two children to australia in hague convention case the allowed mother’s appeal, set aside high order and found had been wrongfully retained ireland after their passports were taken. [2016] ieca 364 has ordered young allowing a dispute over where they habitually resident
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court extends time to challenge deportation order in cloverhill detention case the allowed applicant more bring judicial review proceedings, finding that raised arguable questions about form of order. it did not decide whether was valid or his lawful. [2016] iehc 710 has extended for a chinese
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
court of appeal dismisses challenge to detention pending uk surrender the held that a high stay remained in force until further order and rejected against finding prisoner was lawfully detained. [2016] ieca 357 (civil); referenced has dismissed julian myerscough’s he detained at arbour hill prison w
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
court of appeal rejects challenge to compulsion medical records for uk trial the upheld high court’s interpretation mutual-assistance law, while leaving unresolved whether appellant’s privacy argument required a further hearing. [2016] ieca 361 appeal, civil rejected l.k.’s orders requiring three wi
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court refuses leave to challenge refusal pause deportation the held there was no reviewable decision or established legal duty requiring minister give an undertaking while a residence application pending. [2016] iehc 687 refused for judicial review and denied relief sought by mauritian man, his
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court removes administratrix over delay and failures to account for estate the revoked a widow’s grant of administration ordered that professional trustee firm be appointed, citing prolonged gather assets. [2016] iehc 688 has albina hoey’s her late husband’s granted cleaver, fulton rankin trust
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court strikes out cagney’s claim over bank account and credit bureau complaints the held that account-related was moot remaining repeated matters raised in earlier defamation proceedings. [2016] iehc 707 struck cornelius m. proceedings against governor company of ireland, finding remedies sough
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court orders discovery in official assignee’s asset-transfer case the rejected objections to most requested document categories and ordered gayle dunne make across 12 categories, with a revised formulation for one other category. [2016] iehc 679 has of documents proceedings brought by christoph
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
high court rules thai adoption does not prevent irish application the answered questions referred by authority, finding was recognisable in ireland and did bar authority from making a domestic order. [2016] iehc 738 court, family law has ruled that of two children is therefore order their case. judg
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
irish appeal court finds two boys remained habitually resident in australia the of allowed mother’s appeal, ruling that children’s retention ireland became wrongful after their father took passports. decision addressed jurisdiction under hague convention, not custody. [2016] ieca 360 has a conventio
Report a correction · Ask for more detail
Courts Service · 2016-11-25 · courts
court of appeal rejects dpp bid to increase suspended assault sentence the dismissed an undue-leniency review, finding that although was lenient, it did not meet legal threshold for intervention. 302cja/15 has a director public prosecutions application review as unduly lenient three-year prison sent
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
high court refuses to disclose confidential report in naturalisation case the found should remain and refused both inspection applicant’s request quash minister’s refusal of naturalisation. [2016] iehc 736 an algerian national’s application inspect a used refusing his application, also that refusal.
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
high court refuses challenge to subsidiary protection and deportation decisions the found minister could adopt refugee appeals tribunal’s credibility findings refused applicant’s judicial review. application extend time was not decided. [2016] iehc 737 has a review challenging refuse make order agai
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
court of appeal dismisses john prior’s conviction the upheld two indecent assault convictions, finding no basis to withdraw case from jury and improper exercise discretion over a corroboration warning. has dismissed against upholding convictions after rejecting arguments about evidence, warning burd
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
court of appeal refuses bid to increase sentence for €632,000 cannabis haul the found five-year sentence, with its final three years suspended, was especially lenient but remained within sentencing judge’s discretion. has refused director public prosecutions’ application review as unduly a imposed o
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
high court refuses challenge over subsidiary protection decision the rejected a nigerian woman’s judicial review to 2011 refusal of protection, finding that available process could meet requirement for an effective remedy. [2016] iehc 735 has refused application quash refusing her holding absence se
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
high court refuses challenge to refugee appeal tribunal decision the rejected an applicant’s claims that made irrational credibility findings, finding judicial review could not be used add evidence was before tribunal. [2016] iehc 734 has refused request quash a december 2015 of appeals (rat), which
Report a correction · Ask for more detail
Courts Service · 2016-11-24 · courts
high court refuses judicial review over immigration permission applications the held that couple’s request to regularise their stay did not fall under section 4(1) of act 2004. it also said prevent minister from issuing a deportation notice. [2016] iehc 733 has refused sought by married couple mauri
Report a correction · Ask for more detail
Courts Service · 2016-11-23 · courts
high court refuses review of teacher’s expired warning over alleged name-calling the declined to quash a school board finding and final written warning, concluding dispute was moot too minor for judicial review. [2016] iehc 674 has refused that teacher called pupil “a little bitch”, followed. held m
Report a correction · Ask for more detail
Courts Service · 2016-11-23 · courts
court of appeal allows investor’s over misleading croydon property fund claims the found that bank brochures misrepresented whitgift foundation’s support for redevelopment and availability a development site. it sent case back to high assess damages. [206] ieca 346 has allowed solicitor john spencer
Report a correction · Ask for more detail
Courts Service · 2016-11-23 · courts
high court refuses to strike out bank of ireland claims against three bvi companies the challenged ireland’s jurisdiction, overseas service and bank’s supporting affidavit. rejected those challenges, leaving in place; a request release funds for legal fees was premature. [2016] iehc 675 court, comme
Report a correction · Ask for more detail
Courts Service · 2016-11-22 · courts
court of appeal dismisses john hannigan’s against murder conviction the rejected challenges to handling psychological evidence and police interview statements, found trial had sufficient on cause death. has dismissed his for anthony fallon, rejecting both grounds concerning statements made during ga
Report a correction · Ask for more detail
Courts Service · 2016-11-22 · courts
appeal court increases sentences for seven counts but keeps all terms suspended the of found an error in sentencing judge’s understanding maximum penalties. it substituted four-year and left other five unchanged. increased sexual assault against a child, replacing 18-month with terms. full terms, as
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court grants leave to challenge asylum decision over undisclosed adverse information the found substantial grounds argue that refugee applications commissioner should have put new anonymised applicant before drawing significant conclusions. [2016] iehc 672 has granted b.a. seek judicial review
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court refuses leave to challenge criminal trial midway through proceedings the said stephen manning could seek certiorari after process concludes; it discharged an interim stay granted previous week. [2016] iehc 800 has refused for pursue judicial review seeking prohibit a that was already unde
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
court of appeal dismisses murder conviction and sentence appeals the upheld simon mcginley’s sentences imposed for burglary false imprisonment, rejecting all grounds appeal. has dismissed against his severity imprisonment. in a judgment delivered on 21 november 2016, rejected challenging trial judge
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court grants leave to challenge deportation decision over omission of applicant’s sisters the allowed one judicial review ground proceed, concerning minister’s consideration two sisters, and stayed enforcement order pending case’s determination. [2016] iehc 673 has a nigerian-born man pursue ag
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court grants state leave to appeal costs in asylum judicial review case the allowed respondents cross-appeal order, relying on exceptional public importance point already certified applicant’s substantive appeal. [2016] iehc 671 has granted a order made an earlier case, finding that is desirabl
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court appoints temporary administrator to realise estate assets the authorised a limited grant while named executor was unwell and solicitor’s claim against remained unresolved. no distribution may be made without further order. [2016] iehc 668 court, probate has appointed solicitor jim trueick
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court grants limited leave to challenge deportation orders the allowed challenges based on a possible error about parents’ employment and defective service concerning one child, while refusing other grounds. [2016] iehc 670 granted family seek judicial review of two grounds: in minister’s asses
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
court of appeal cuts ballina hotel burglary sentence from six years to four the found original out line with sentences for similar offending and suspended its final year subject a €100 bond. reduced stephen wilson’s six-year prison at in years, suspending on conditions. ex tempore judgment was deliv
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
appeal court replaces wholly suspended sentence with nine months’ custody for sexual assault the of ruled that a three-year in full was unduly lenient and ordered respondent to serve final months. has replaced prison term, suspending all but ruling followed an application by director public prosecut
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court refuses challenge to uk request for witness’s medical records the held that irish mutual assistance law permitted be obtained a criminal retrial, while keeping temporary stay on their transmission until end of 21 november 2016. [2016] iehc 706 refused judicial review orders requiring thre
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
high court rules delay before breath-test observation did not make detention unlawful answering a consultative case stated from the district for kilrush, said wait trained garda not, in circumstances, accused’s unlawful. it dismiss charge. [2016] iehc 723 ruled that start of period an accused man’s
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
court of appeal rejects bank’s bid for summary judgment against guarantor the dismissed acc loan management’s appeal, leaving guarantee dispute a plenary hearing on limited issue about legal advice. [2016] ieca 343 has management limited’s an order sending its claim gerard sheehan to hearing. will p
Report a correction · Ask for more detail
Courts Service · 2016-11-21 · courts
court of appeal rejects challenge to surrender sweden over pre-trial detention system the dismissed an arguing that sweden’s approach remand breached appellant’s rights, and answered certified legal question in negative. [2016] ieca 347 has by w.b. against order for his face prosecution alleged rape
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
court of appeal dismisses over sentence for assaults on daughter the upheld a five-year sentence, with final two years suspended, after finding it proportionate despite appellant’s age and terminal illness. has dismissed an against imposed man who pleaded guilty to counts indecently assaulting his w
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
supreme court rules doyle estate cannot continue deceased woman’s injury claim the held that for pain and suffering did not survive her death a separate son’s care services had been properly raised. has ruled personal brought on behalf of bridget doyle’s could proceed after death, concerning provide
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
high court quashes passport order made without notice to father the held that district lacked territorial jurisdiction and breached fair procedures by making a final notifying father. it dismissed his other claims as moot or barred judicial immunity. [2016] iehc 721 quashed allowed passports be issu
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
court of appeal suspends final 2½ years five-year sentence in airport crime case the kept prison term and six-year driving ban but increased suspended portion after finding an error how much had been suspended. has a for series offences near dublin from 12 months to two six months. judgment delivere
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
high court rejects challenge to deportation order against indian student the found minister had considered student’s representations under statutory process and dismissed all grounds of challenge. [2016] iehc 677 has rejected an national’s a order, finding that for justice his circumstances applicab
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
appeal court upholds finding union breached limerick block-layer’s right to earn a livelihood the of set aside findings intimidation and conspiracy, but upheld that batu wrongfully failed complete his membership application after probationary period. [2016] ieca 338 has building allied trades (batu)
Report a correction · Ask for more detail
Courts Service · 2016-11-17 · courts
high court refuses security for costs in €698,000 fee claim the found defendant had a prima facie defence, but not shown that orca financial would be unable to pay its if successful. [2016] iehc 660 has refused ballycrag developments limited’s application require limited provide dispute over fees ar
Report a correction · Ask for more detail
Courts Service · 2016-11-16 · courts
supreme court sets aside summary judgment in ulster bank loan dispute the ruled that paula tiernan must have an opportunity to defend claim at a plenary hearing, finding it was not clear she had no defence. has set against dispute, ruling full hearing high court. delivered on 16 november 2016, ms ju
Report a correction · Ask for more detail
Courts Service · 2016-11-16 · courts
court of appeal directs prisoner to serve balance interrupted four-month sentence the held that unserved portion remained live after high court’s release order was reversed, and directed it be served concurrently with or sentences already being served. [2016] ieca 342 jake freeman a prison sentence,
Report a correction · Ask for more detail
Courts Service · 2016-11-16 · courts
high court dismisses translator’s unfair dismissal claim at preliminary stage the found company had no contractual obligation to provide ongoing work, so translator was not an employee for purpose of his claim. [2016] iehc 722 dismissed monnie mckayed’s after deciding a issue: whether he forbidden c
Report a correction · Ask for more detail
Courts Service · 2016-11-16 · courts
high court stays receiver’s appointment over clonmel property pending proof of mortgage transfer the said promontoria (aran) limited had not clearly established its right to appoint a receiver denis english’s unregistered land at knocklofty house. [2016] iehc 662 stayed house, near clonmel, until es
Report a correction · Ask for more detail
Courts Service · 2016-11-16 · courts
high court refuses leave to sue ibrc over alleged settlement the found no prima facie stateable claim against bank in special liquidation and refused consent issue proceedings. [2016] iehc 661 has gerard mccaughey irish resolution corporation (in liquidation) an settlement, finding that evidence did
Report a correction · Ask for more detail
Courts Service · 2016-11-16 · courts
high court refuses most proposed amendments to businessman’s defence in bank debt action the allowed limited clarification of and withdrawal a conspiracy plea, but refused new counterclaims that would have introduced different claims delayed case. [2016] iehc 663 has application expand his action, f
Report a correction · Ask for more detail
Courts Service · 2016-11-15 · courts
court of appeal dismisses ryanair over pilot complaint particulars the upheld a high decision refusing to require former john goss provide further details about complaints allegedly made by other pilots irish aviation authority. [2016] ieca 328 has dismissed limited’s against order in defamation cas
Report a correction · Ask for more detail
Courts Service · 2016-11-15 · courts
high court refuses solicitor’s judicial review of disciplinary findings the said complaints about tribunal’s could be addressed through a full statutory appeal and refused application. an addendum corrected part its account law society claim. [2016] iehc 667 solicitor owen swaine’s application for m
Report a correction · Ask for more detail
Courts Service · 2016-11-15 · courts
high court leaves each side to pay its own costs in illegal investment scheme case the refused an accountant’s application for after finding that both he and plaintiff were knowing participants unlawful tax scheme. [2016] iehc 659 made no order as rejecting have cost of defending unsuccessful profes
Report a correction · Ask for more detail
Courts Service · 2016-11-15 · courts
court of appeal increases violent disorder sentence to four years the found original two-year term unduly lenient and substituted a four-year sentence, with final year suspended credit for time served. has increased man’s from two years’ imprisonment, six months suspended, years, suspended. held tha
Report a correction · Ask for more detail
Courts Service · 2016-11-15 · courts
court of appeal rejects three challenges to immigration detention the held that original documents were sufficient authority for and dismissed article 40 release applications. [2016] ieca 330 appeals seeking from detention, holding used justify valid even though they headed “notification arrest dete
Report a correction · Ask for more detail
Courts Service · 2016-11-15 · courts
supreme court quashes garda dismissal decision over lack of reasons the found commissioner had not explained why a sergeant’s assault conviction warranted dismissal, while rejecting her separate claims that breached regulation 39 or treated discriminatorily. has quashed an síochána’s to dismiss serg
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave in third judicial review over boy’s deportation the found no substantial grounds to challenge refusal revoke a order, and discharged an injunction that had restrained deportation. [2016] iehc 650 refused seven-year-old boy bring restraining his judgment delivered on 14 novem
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge deportation order the found no substantial grounds argue that minister’s article 8 private-life analysis was invalid, and also relied on applicant’s failure respond proposal. [2016] iehc 653 has refused fiona mubango seek judicial review of a order, finding asse
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge asylum decision by judicial review the said an appeal refugee appeals tribunal was more appropriate route for applicant’s challenges commissioner’s assessment. [2016] iehc 651 refused applicant seek of applications refusing her application, finding that issues r
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to appeal refusal revoke deportation order the rejected two proposed questions as grounds for an appeal, finding one would not have changed earlier outcome and other lacked a precise, arguable basis. [2016] iehc 646 has refused applicant july 2016 decision that his challenge
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court rules surrender of james corry to germany is not barred the found that german authorities were responsible for a ten-year delay in seeking his arrest ireland, but ruled public interest trial outweighed interference with family and personal life. [2016] iehc 678 has surrendering prosecutio
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge deportation order the found no substantial grounds on applicant’s fairness and family-rights arguments, dismissed his application for seek judicial review. [2016] iehc 644 has refused an applicant a order, finding arguments that process was unfair or private fam
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge deportation orders for two former students the found no substantial grounds contest orders, refused judicial review and adjourned matter so applicants could consider seeking appeal. [2016] iehc 656 mauritian seek of finding contending that were invalid. allow th
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
court of appeal quashes prison officer’s drug convictions after duress direction and cctv disclosure errors the allowed trevor gleeson’s appeal, finding that jury was wrongly directed to assess solely by an objective test relevant should have been disclosed before his first trial. has against five p
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses bid to extend injunction over refugee appeal the said applicant should have sought a stay in his existing judicial review case, rather than bring second set of proceedings. [2016] iehc 655 refused an application that would prevented appeals tribunal from processing asylum while se
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave for judicial review of deportation order the found no substantial grounds applicant’s challenges and discharged an interim injunction against deportation, subject to its stated terms. [2016] iehc 657 has refused applicant bring proceedings challenging his related immigration
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
court of appeal dismisses tolan’s challenge over milling company’s debt judgment the upheld high decision after finding it was supported by evidence and could not be disturbed under appellate test. [2016] ieca 414 has dismissed finbar against a in favour kiernan milling, that trial judge’s overturne
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court dismisses challenge to possession order for family home the held that homeowner’s complaints concerned merits of circuit decision and should have been pursued by appeal, not judicial review. [2016] iehc 645 has dismissed brendan cummins’s substantive application review a granting his gove
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to appeal in deportation judicial review the said proposed questions did not meet statutory criteria, including because some would change outcome of earlier case. [2016] iehc 652 has refused an application by anonymised applicant for dismissal his proceedings concerning a or
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court gave agency two months to allow cross-examination in child abuse investigation the ruled that father was entitled have adult complainant questioned by counsel, and restricted further action on until happened or a order made. [2016] iehc 777 facing family finding of sexual now-adult cross-
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court extends angela farrell’s bankruptcy by four years the found serious, ongoing non-cooperation with official assignee, while noting that significant harm to creditors had not been established. [2016] iehc 637 has extended after finding serious and continuing failures cooperate assignee. ext
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses five asylum applicants leave to challenge contractor’s draft reports the held that preparing was preparatory assistance refugee applications commissioner, not exercise of a statutory function. [2016] iehc 647 has refused commissioner’s use contractor prepare investigation in cases
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge refusal revoke deportation order the found no substantial grounds for proposed judicial review, including claims about unpublished criteria and notice of precise time deportation. [2016] iehc 669 refused a.p. seek review minister justice equality’s a order. also
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge rejection of subsidiary protection claim the found no substantial grounds tribunal’s adverse credibility assessment, while noting judicial review application was out time and making decision on whether should be extended. [2016] iehc 648 dismissed an for seek re
Report a correction · Ask for more detail
Courts Service · 2016-11-14 · courts
high court refuses leave to challenge brazilian man’s deportation order the found applicants had not shown substantial grounds for judicial review. any injunction still in force was discharged from judgment’s oral pronouncement. [2016] iehc 649 refused two permission bring a review against man, find
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
court of appeal dismisses challenge to 12-year sentence for sexual abuse two children the ruled that sentences, including consecutive terms offences against victims over separate periods, were reasonable and appropriate. has dismissed an by p. c. sentences imposed his younger sister teenage niece, l
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
high court upholds jurisdiction and enforces arbitral award against five companies the refused respondents’ application to undo their unconditional appearance or set aside service abroad, found no valid challenge award. [2016] iehc 636 companies’ an concluded it had hear enforcement brought by avobo
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
high court refuses challenge to deportation decision, finding father could seek video link for family case the rejected a judicial review of minister’s refusal revoke order, noting that no request had been made district give evidence remotely. [2016] iehc 760 has refused challenging minister justice
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
high court says handcuff ruling did not require dismissal of tipperary charges in a case stated, the said district judge could decide whether handcuffing was appropriate circumstances. it accused guilty. [2016] iehc 639 has ruled that supreme decision on two road traffic act against piotr wierowski.
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
high court strikes out challenge to european arrest warrant procedure mr justice white ruled that francis lanigan’s constitutional proceedings had no possibility of success, dismissing his claim after considering an amended statement claim. [2016] iehc 682 ireland the has struck aspects ireland’s pr
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
high court rejects challenge to refusal of nigerian man’s citizenship application the extended time for judicial review but dismissed challenge, finding reasoned, rational and proportionate. [2016] iehc 759 has a national’s his irish citizenship, while granting him an extension bring review. in judg
Report a correction · Ask for more detail
Courts Service · 2016-11-11 · courts
supreme court dismisses rape conviction appeal and clarifies consent directions the said an honest but unreasonable belief in can be a defence, while finding that trial judge’s direction had widened defence accused’s favour. [2016] iesc (number not stated source) has dismissed by c o’r against his f
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
court of appeal quashes conviction over responsible adult’s role in child’s police interviews the held that adult accompanying appellant did not understand he could request a solicitor during questioning. it quashed and said would hear submissions on whether to order retrial. has man who was 14 at t
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
court of appeal rejects bid to increase suspended sentences for thefts the said were very lenient but did not cross threshold intervention in dpp’s review application. has dismissed director public prosecutions’ application as unduly imposed on james mcmulkin four involving power tools and equipment
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
court of appeal allows shatter over guerin report the held that was open to judicial review in circumstances case and critical conclusions breached fair procedures. it postponed deciding whether grant further relief. [2016] ieca 318 has allowed alan shatter’s a prepared by sean guerin, finding repor
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
supreme court restores order requiring fire insurance funds to reinstate howth home the allowed homeowners’ appeal, finding evidence before high did not establish a fundamental breach that justified redirecting proceeds their bank debt. of ireland has thomas and antoinette darcy’s appeal against dis
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
court of appeal allows shatter’s over guerin report procedure the held that report’s criticism put alan good name at risk and he should have had an opportunity to respond. it left appropriate relief order terms for a further hearing. [2016] ieca 318 has allowed against dismissal his challenge prepar
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
high court rejects mcgouran family’s defences to aib summary judgment claims the found no arguable defence over two term facilities and four guarantees, but adjourned entry of for a week so bank could file updated figures. [2016] iehc 629 court, commercial ruled that allied irish banks plc mortgage
Report a correction · Ask for more detail
Courts Service · 2016-11-10 · courts
appeal court finds guerin report breached alan shatter’s right to fair procedures the of allowed over adverse opinions in a 2014 report, but left form any final order for further hearing. [2016] ieca 318 has finding that critical his conduct as minister justice and equality were reached breach proce
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court awards €7,500 over garda’s unlawful visits to man’s home the found a trespass during visit and an unjustified search of fridge, but dismissed negligence claim declined exemplary damages. [2016] iehc 632 awarded sam mcnulty after finding that garda trespassed at his in august 2009 and, on
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court quashes asylum appeal decision over failure to assess gender discrimination evidence the found refugee appeals tribunal had not properly considered country information on against women and enforcement of rape laws in albania. it rejected a separate challenge tribunal’s assessment past per
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court lets historic abuse claim proceed against priest, dismisses claims two other defendants the found delay and missing evidence made a fair trial impossible for school authority diocesan bishop. it refused to strike out first defendant or decide limitation issue without oral evidence. [2016]
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court rejects hennessy eco challenge to cork waste seizures the dismissed a judicial review over trucks stopped in 2012, finding that council acted for environmental protection purposes and had given explanations retaining loads. [2016] iehc 633 has refused limited’s application of county counc
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court rejects challenge to bangladesh deportation decision the held that minister was entitled, on material available, conclude returning anonymised applicant would not breach prohibition refoulement. [2016] iehc 681 has rejected an applicant’s judicial review a decision, finding entitled him s
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court says revenue should bear only limited share of a-wear receivership costs the found that a rough allocation method unfairly prejudiced commissioners, but invited further submissions before issuing directions. [2016] iehc 640 commissioners were by way allocated between floating and fixed ch
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court quashes district refusal to consider foster child’s orthodontic care the held that had jurisdiction assess welfare and relevant circumstances, but did not decide whether cfa must pay for treatment. [2016] iehc 631 has quashed a decision refusing an application concerning treatment child i
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
high court orders disclosure of selected documents in garda informant case the weighed plaintiff’s need for against claimed risks to life and operational security, allowing with redactions while upholding privilege other records. [2016] iehc 634 has ordered state authorities provide revised discover
Report a correction · Ask for more detail
Courts Service · 2016-11-09 · courts
court of appeal allows newspaper’s over discovery request in defamation case the found it premature to order documents relating a fair and reasonable publication defence before newspaper clarified basis that defence. [2016] ieca 327 allowed times newspapers ltd.’s against an requiring disclose actio
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court dismisses claim over nursing home option agreement the ruled a bank’s assignment of option’s benefits did not make it responsible for buying home, and found could succeed on several other grounds. [2016] iehc 609 dismissed patrick m. keane’s against allied irish banks plc put call linked
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court refuses to quash protection refusal and deportation decision the extended time granted leave seek judicial review, but rejected challenge decisions, finding no bias or breach of required sequence. [2016] iehc 761 has refused a subsidiary challenged by bangladeshi pharmacist, while grantin
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court dismisses objections to son’s enduring power of attorney the found that family hostility did not make appointed unsuitable and objectors had established undue pressure. it ordered regular accounts be provided donor’s other children’s solicitors. [2016] iehc 615 dismissed registering an ap
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court rules duffy’s planning challenge was out of time the refused to extend deadline for challenging clare county council’s conditional permission a school septic tank replacement and would not allow late amendment raising separate timing complaint. [2016] iehc 618 has ruled that michael appli
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court refuses planning board’s request to certify appeal questions an bord pleanála sought leave a june 2016 judgment in kathleen connolly’s case. the rejected all seven proposed and made separate, non-binding comments about who should hear future certification applications. [2016] iehc 624 ref
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court rules four social welfare payments count in maintenance assessment the answered a consultative case stated on how district should treat received by mother seeking spousal and child maintenance. underlying application remains for to determine. [2016] iehc 626 ruled that carer’s allowance,
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court awards €162,939 interest after delayed property sale the awarded contractual on unpaid purchase balance but rejected a separate damages claim, finding it sought compensation for same loss. [2016] iehc 630 domhnall mac bhaird in commissioners of public works ireland completing purchase. hi
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court quashes three-year exclusion period in polish national’s removal review the found that minister gave no reasons for reducing from five years to three, but left decision standing pending completion of review. [2016] iehc 811 quashed only a concerning national ireland, finding justice and e
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court refuses challenge to deportation order in tanzanian passport dispute the held that minister had treated applicant as holder of a valid passport, not found he was national. it refused judicial review order. [2016] iehc 763 has an applicant’s bid quash order, finding him but determined conc
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court sets aside late third-party proceedings against interlink the found kct freight could have applied to join sooner after receiving replies particulars and allowed company’s application set proceedings. [2016] iehc 625 brought by limited ireland limited, finding that had not acted “as soon
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
appeal dismissed after court found consultant lacked standing to challenge accreditation system the of upheld high court’s decision strike out noel long’s proceedings, finding that his general complaints about did not give him bring case. [2016] ieca 316 has against a order striking proceedings bord
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court refuses solicitors’ bid to question insurer and co-defendants before trial the rejected all 43 proposed interrogatories in a dispute over an insurer’s refusal indemnify solicitors, finding they were unnecessary for fair disposal of case or save costs. [2016] iehc 614 court, commercial has
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court refuses ryanair requests over discovery in defamation case the declined to strike out defendants’ defence, order further or require disclosure of redacted third-party names and email addresses. underlying claims remain for trial. [2016] iehc 616 has refused limited holdings plc’s defence
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court declines injunction over galway quarry despite finding ongoing excavation unauthorised the held that quarry’s substitute consent covered past works and specified remedial measures, not continuing development. it refused an taisce’s request to halt operations, citing absence of planning-au
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court sets aside third-party notice against solicitor over delay the found damian tansey was not served as soon reasonably possible. it also no legitimate purpose in his continued involvement, while rejecting defendants’ separate bid to strike out claim an abuse of process. [2016] iehc 622 has
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court rejects sisters’ claims over busáras bus dispute the dismissed brought by two women after a 2013 fares and travel passes, finding that driver did not order their family party off bus. it reserved issue of costs for later hearing. [2016] iehc 621 appeals joan dardis bernadette curtis again
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
court of appeal dismisses t.v.’s against rape conviction the rejected appeal, finding trial judge’s directions adequate for defence case advanced at trial. it did not decide separate sentence. has dismissed his rape, that complaints about on consent, knowledge and recklessness should be entertained
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court quashes three-year exclusion period in review of removal order the found that minister’s decision did not explain why it imposed a period, but left place and still to be concluded. [2016] iehc 762 quashed only concerning polish national from ireland, finding minister had explained was cho
Report a correction · Ask for more detail
Courts Service · 2016-11-08 · courts
high court rejects challenge over appeal against lapsed detention order the upheld circuit court’s decision not to hear an concerning admission that had expired after a later renewal took effect. [2016] iehc 623 rejected ms f’s refusal her involuntary order, finding could neither affirm nor revoke b
Report a correction · Ask for more detail
Courts Service · 2016-11-07 · courts
high court dismisses three release applications over immigration detention warrants the allowed amended certificates in article 40 cases, finding errors revised too minor to justify release. [2016] iehc 611 dismissed for under of constitution after allowing be filed cases concerning act 1999. applic
Report a correction · Ask for more detail
Courts Service · 2016-11-04 · courts
court of appeal rejects bid to increase wall brothers’ burglary sentences the said were lenient, but prosecution had not shown clear error principle needed establish undue leniency. has rejected a application imposed on edward and patrick for an attempted committed same day in 2014. “undoubtedly len
Report a correction · Ask for more detail
Courts Service · 2016-11-04 · courts
court of appeal upholds jury role in damages assessment after accepted defamation offer the dismissed irish aviation authority’s appeal, holding that a may assess when parties cannot agree an amends is accepted. [2016] ieca 322 has over who should action amends. it upheld high court’s decision plain
Report a correction · Ask for more detail
Courts Service · 2016-11-04 · courts
court of appeal dismisses over sale commercial unit the upheld a high order for specific performance, finding that seller had not abandoned remedy and trial judge’s on unit’s condition was supported by credible evidence. [2016] ieca 317 has dismissed keith cooke’s against requiring him to complete p
Report a correction · Ask for more detail
Courts Service · 2016-11-04 · courts
high court awards €493,786 after car crash left care worker unable to return heavy work the damages-only assessment included €275,000 for past and future lost earnings, alongside compensation injuries agreed expenses. [2016] iehc 613 awarded a woman in damages finding that sustained 2013 road traffi
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
high court rejects barrister’s privilege claim over material seized in garda search the held that applicant had not established legal professional attached to any of material. judgment does record an order returning or disposing items. [2016] iehc 612 has rejected a by gardaí during his family home
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
court of appeal dismisses conviction over 1983–85 indecent assault the upheld trial judge’s decision to leave a brother’s evidence for jury assess and found had received an adequate direction on reliability delay. {'name': 'the appeal', 'location': none} has dismissed m. b.’s against his assault, fi
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
court of appeal dismisses taxi driver’s over corroboration warning the upheld trial judge’s decision not to give jury a in sexual assault case. has dismissed ivan seredych’s against his conviction for assault, ruling that judge acted within her discretion when she declined warning. seredych was conv
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
court of appeal upholds 6½-year sentence for neil mannion over €143,000 dark net drugs operation the has upheld a six-and-a-half-year prison imposed on running from premises dublin’s south circular road. gardaí began investigating after receiving information linking computer ip address to sale and s
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
high court rejects estate’s claim to life policy proceeds used reduce company debt the held that termination of two guarantees did not prevent bank from demanding payment deceased guarantor’s estate after notice periods expired. [2016] iehc 628 has dismissed claims by personal representative matthew
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
court of appeal dismisses challenge to two-and-a-half-year theft sentence the found no error principle in imposed on a man who pleaded guilty stealing €450 from navan florist’s till. has dismissed terence mcdonagh’s against prison for theft, finding sentencing judge’s decision. mcdonagh at trim circ
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
court of appeal reduces sentence for navan shop thefts, suspending final nine months the quashed two concurrent two-year sentences and imposed a new years on one count six other, with suspended conditions. prison caroline mcdonagh theft counts resentenced her, first count. in its judgment delivered
Report a correction · Ask for more detail
Courts Service · 2016-11-03 · courts
high court bars proposed us constitutional expert evidence in o’brien case the ruled that professor laurence tribe’s was inadmissible because concerned irish law, and said it not reasonably required for trial. [2016] iehc 597 has tribe may give at forthcoming trial of denis o’brien’s against clerk d
Report a correction · Ask for more detail
Courts Service · 2016-11-02 · courts
high court refused hse bid to compel caesarean; mother later consented surgery the held that could refuse medical advice and risk her unborn child did not justify forced surgery. it lifted reporting restriction, with identifying details redacted. [2016] iehc 605 an urgent health service executive ap
Report a correction · Ask for more detail
Courts Service · 2016-11-02 · courts
high court refuses separate trials in pyrite aggregate claim the said separating liability and damages could prejudice defendants a complex construction dispute, refused plaintiff’s application for modular trial. [2016] iehc 599 court, commercial has an by james elliott limited to try separately its
Report a correction · Ask for more detail
Courts Service · 2016-11-02 · courts
high court clarifies vessel claims can proceed without a collision in follow-up judgment, the reaffirmed its earlier order for plaintiff and clarified interpretation of section 46 civil liability act 1961. [2016] iehc 604 has that claim under 1961 does not require an actual between vessels. made fav
Report a correction · Ask for more detail
Courts Service · 2016-11-01 · courts
court of appeal orders retrial after finding manslaughter defence should have gone to jury the allowed andrew gibney’s against his murder conviction because been asked consider whether evidence supported manslaughter. it directed a and did not address other grounds. 19/2014 has conviction, ruling th
Report a correction · Ask for more detail
Courts Service · 2016-11-01 · courts
court of appeal dismisses challenge to unfitness ruling and adjournment the upheld finding that m.b. was unfit stand trial ruled judge could not send him central mental hospital for an assessment against medical advice. has dismissed director public prosecutions’ over a on 56 charges alleging rape s
Report a correction · Ask for more detail
Courts Service · 2016-11-01 · courts
court of appeal dismisses challenge to seven-year dangerous-driving sentence the found was within sentencing judge’s discretion, citing victim’s severe injuries and aggravating circumstances. has dismissed maurice power’s against a prison for dangerous driving causing serious bodily harm, with final
Report a correction · Ask for more detail