Courts Service · 2016-12-21 · courts
court of appeal dismisses challenge to €1m bank ireland guarantee judgment maureen curran argued that her for a company’s borrowing was unenforceable. the dismissed appeal, finding she had not put forward an arguable defence bank’s summary claim. [2016] ieca 399 has curran’s high ordering pay €1 mil
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal rejects challenge to activation suspended sentence the dismissed anthony foley’s appeal, holding that later constitutional ruling on sentence-activation provisions did not undo his earlier order or detention. [2016] ieca 411 has against refusal a high inquiry into lawfulness detentio
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court declines bid to extend asylum re-entry right remain the held that applied while minister considered application, but not through a later review period. it declined requested declaration and injunction. [2016] iehc 758 declare an egyptian applicant for refugee status had in ireland pursuin
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal rules three drink-driving arrests were wrongly found unlawful the upheld high court’s answer on a point law, finding that district had assessed use handcuffs under wrong legal test. it did not decide prosecutions themselves. [2016] ieca 413 (civil) has ruling judge applied test when
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
aib’s summary debt claim against counihans sent to plenary hearing the high court declined grant requested relief at this stage, finding couple had an arguable defence based on alleged assurances about their home and debt. [2016] iehc 752 has allied irish banks plc in its peter mary counihan, sendin
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
supreme court rejects investor’s disclosure claim over kennet centre fund the held that investment bond was not, in substance, an insurance contract and alleged undisclosed information about property’s future value not material to risk covered by bond. rejected hugh governey’s anglo irish assurance
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal refuses further stay in galway community programme contract dispute the declined forum connemara’s request to delay implementation a award while its continued, finding balance convenience favoured respondent committee. [2016] ieca 397 has refused connemara limited’s application preve
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
aib ordered to repay mb refrigeration payments made after it knew of winding-up the high court ruled that from company’s in-credit account were valid up 17 september 2013, but later impugned void and generally repayable with interest. [2016] iehc 753 has allied irish banks plc (aib) sums paid air co
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal dismisses challenge to prison assault conviction the held that consent was not a necessary element causing harm and could excuse an attack carried out influence authorities. dismissed gerard brown’s against his for harm, holding victim’s offence alleged in this case. brown convicted
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court refuses challenge to removal of residential zoning in east meath plan michael ryan’s judicial review over the phases 3 and 4 his lands was refused. also concluded that a separate concerning extent planning permission brought out time without leave. [2016] iehc 754 has refused application
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court directs liquidator to provide detailed fee breakdown the ordered david hughes furnish time sheets supporting his final claim. it did not decide whether fees were reasonable and adjourned application for orders. [2016] iehc 750 has directed official of denis finn limited revenue commission
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
supreme court restores tribunal decision refusing refugee status to ashkali child the allowed state’s appeal and dismissed child’s cross-appeal, finding that tribunal’s was legally open on evidence. it urged authorities give serious weight humanitarian considerations in future decisions about his ca
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal dismisses james connors’s against murder conviction the rejected all grounds and affirmed conviction, finding no basis to disturb jury’s majority verdict. has dismissed his conviction. each ground appeal, including challenges evidence admitted at trial, extensions detention, jury dir
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court refuses human rights commission’s request to join child detention case the refused ihrec’s application appear as amicus curiae at this stage, citing factual disputes and timing of submissions. it set deadlines for parties’ written [2016] iehc 740 an by irish equality commission (ihrec) in
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court finds tuam affray led to unlawful beating of fleeing man the found two defendants assaulted plaintiff in vicar street after he ran from an had helped initiate. it assessed general damages at €65,000, subject reductions for contributory negligence and a concurrent wrongdoer. [2016] iehc 76
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
supreme court clarifies limits of judicial review in asylum education case a concurring opinion, justice peter charleton discussed when educational exclusion may amount to persecution and stressed that the refugee appeals tribunal must decide facts on remittal. [2016] iesc 000 appeal ed, minor, conc
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
appeal court grants leave to challenge prosecution over historic assault charges the of extended time and allowed an application for judicial review proceed, citing short delay in filing arguable grounds. it did not decide whether criminal case should be prohibited. [2016] ieca 400 has granted t.c.
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court dismisses beades’ case against central bank governor the ruled that negligence and statutory-duty claims had no reasonable basis, proceedings were vexatious. it also found immune for acts connected with his work in eu institutions. [2016] iehc 795 court, commercial dismissed jerry of irel
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal rejects challenge to wind farm planning procedure the dismissed john callaghan’s appeal, ruling that he had no right be heard before an bord pleanála decided whether a proposed meath qualified for strategic infrastructure process. has over pleanála’s decision treat 46-turbine in co a
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court sets aside service on eu financial bodies and dismisses claim against central bank the found it had no jurisdiction over claims four ruled that proceedings of ireland were bound to fail. [2016] iehc 794 court, commercial has set european union dismissed a related ireland, ruling could not
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court finds immigration detention unlawful and orders unconditional release the ruled that stated grounds for arrest were not reasonably justified, while leaving validity of deportation order undecided. [2016] iehc 772 found amjad parvaiz was unlawfully arrested detained under act 1999 ordered
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
high court strikes out bank claims but leaves solicitors’ negligence issue open the held that against allied irish banks concerning lands in carrickmacross were barred by an earlier judgment. it gave plaintiffs and their solicitors opportunity to address which should be struck out. [2016] iehc 747 s
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal dismisses sarlingford’s over revenue discovery request the held that tax-relief dispute turned on statutory interpretation and company had not shown was necessary to support its legitimate-expectation claim. [2016] ieca 396 has dismissed sarlingford ltd.’s against a refusal order pro
Report a correction · Ask for more detail
Courts Service · 2016-12-21 · courts
court of appeal upholds martin kelly’s murder conviction the dismissed appeal, rejecting challenges to his arrest, admission statements and trial court’s approach joint enterprise. has upheld for andrew burns appeal. in a judgment delivered on 21 december 2016, rejected concerning admitted at trial,
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
high court upholds refusal to release further records in foi appeal the dismissed an by a man seeking about investigation into allegations concerning his former stepdaughter, finding no error of law information commissioner’s decision withhold them. [2016] iehc 771 has f.p. against held then health
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
court of appeal dismisses challenge to aggravated burglary conviction the rejected three complaints about trial judge’s jury directions and dismissed against conviction. sentence was outside scope judgment. 207/15 has duku popovici’s his for burglary, rejecting challenges charge jury. judgment dealt
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
high court allows investment fund defendant to amend its defence the said changes amplified issues already pleaded and would not require further discovery; it did decide underlying claims. [2016] iehc 742 {'name': 'the court'} has allowed an amended in a dispute between d.d. growth premium master (i
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
court of appeal dismisses martin stokes’s conviction the rejected all grounds challenging his trial, while this judgment dealt only with against conviction. 2015 no. 229 has dismissed convictions for rape, child defilement and two counts sexual assault. judgment, delivered on 20 december 2016, addre
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
court of appeal dismisses against 12 sexual assault convictions the rejected challenges to trial judge’s refusal withdraw case from jury and directions given after questions. has dismissed an by p.d. his conviction on counts sexually assaulting granddaughter, identified in judgment as ss, between fe
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
court of appeal quashes law society decisions in solicitors’ estate-fee dispute the found solicitors were not given a reasonable chance to submit their own costs expert evidence and that beneficiary was owed letter under section 68. it sent complaints back for reconsideration, without deciding wheth
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
appeal court leaves longford sentences unchanged despite finding mitigation error the of found discount for on unlawful seizure sentence was insufficient, but concluded that resentencing would not materially change time to be served. it dismissed appeal. janis zarans’s against four imposed by circui
Report a correction · Ask for more detail
Courts Service · 2016-12-20 · courts
high court orders child’s return to poland after finding no hague convention defence established the found insufficient evidence that father agreed child staying in ireland beyond a two-week holiday. it rejected mother’s consent, grave-risk and child-objection defences ordered collect on 28 december
Report a correction · Ask for more detail
Courts Service · 2016-12-19 · courts
high court rejects challenge to forestry consent after finding late opportunity object was fair the refused judicial review of approval for a 9.33-hectare afforestation project, that applicant had reasonable raise his concerns learning it. [2016] iehc 731 has farmer’s application quash project in ad
Report a correction · Ask for more detail
Courts Service · 2016-12-19 · courts
high court refuses latest judicial review challenge to family law orders the refused substantive relief sought by t.d., made a permanent order protecting identities of non-professional parties and deferred separate application restrict future proceedings. [2016] iehc 741 has t.d.’s for over orders,
Report a correction · Ask for more detail
Courts Service · 2016-12-19 · courts
appeal court increases suspended portion of dundalk assault sentence, conditional on €2,500 compensation the found an error principle in failure to distinguish paul halpin’s circumstances from those his co-accused. it kept 36-month sentence but allowed 15 months be if was paid by 7 february 2017. 29
Report a correction · Ask for more detail
Courts Service · 2016-12-19 · courts
high court refuses to annul paul o’shea’s bankruptcy adjudication the extended time for application show cause, but found no basis set aside made on danske bank’s petition. [2016] iehc 732 has refused adjudication, finding that petition met statutory requirements and it would not be just equitable a
Report a correction · Ask for more detail
Courts Service · 2016-12-19 · courts
high court confirms medical council censure and conditions for doctor the confirmed a sanction after finding no good reason to disturb council’s decision under limited review required by law. [2016] iehc 779 of ireland has attach his registration, following an ex parte application section 76(3) prac
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
supreme court dismisses appeal over review of legal costs martin horan challenged the high court’s refusal to solicitor-and-client costs. found no error in that decision. has dismissed horan’s against a decision refusing his request for incurred by solicitors and court. concerned charged crean, o’cl
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
court of appeal suspends final nine months dangerous-driving sentence the upheld three-year term as appropriate but found sentencing judge erred by not considering suspension to encourage rehabilitation. suspended jane kearney’s prison for dangerous driving causing serious bodily harm, after finding
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
court of appeal refers insurance dispute to eu court, adjourns the concerns whether a motor insurer can rely on policy exclusion for seriously injured van passenger who was travelling without fixed seat. proposed referring issue cjeu; it did not decide appeal. [2016] ieca 389 has adjourned an insure
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
supreme court dismisses appeal over payment of legal costs to former solicitors the upheld an order directing that available balance party and be paid kent carty solicitors, under undertaking authorised by their client. has dismissed patrick vesey’s against from his personal injury case solicitors.
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
court reduces reactivated sentence, setting overall term at 14 years the of appeal cut portion an earlier suspended sentence from eight to four, while leaving a mandatory 10-year drug in place. appeal; waterford circuit criminal and also mentioned reduced niall hutton’s prison 18 after finding that
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
high court refuses dunnes stores bid to cross-examine council official in awning case the ruled that had not shown material factual conflicts requiring oral evidence its judicial review proceedings concerning a street furniture licence and an at harry’s on green. [2016] iehc 724 has refused permissi
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
supreme court dismisses joan collins appeal over bank promissory notes the upheld minister for finance’s authority to issue under 2008 act, but left questions about their possible invalidity and later government bonds undecided. has dismissed an by td challenging state’s worth more than €30 billion
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
high court dismisses woman’s assault claim over armed garda search the found plaintiff had not proved that gardaí assaulted her during a of dunleer home in july 2010 or any physical psychiatric injuries resulted from wrongdoing by them. [2016] iehc 743 has dismissed an dunleer, co louth, 2010. mr ju
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
court of appeal reduces sentence for cork hotel robbery and false imprisonment the found original headline somewhat excessive, set an eight-year term imposed six years after mitigation. reduced on a man who pleaded guilty to falsely imprisoning robbing escort at hotel, replacing with years’ imprison
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
high court refuses bankrupt man’s bid to re-enter judicial review the said 2015 order had ended case at level, and that of appeal’s permission applied there, not in court. [2016] iehc 730 has refused john gaynor’s application a over courts service’s refusal accept his set aside bankruptcy summons. m
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
court of appeal replaces consecutive drug sentences with concurrent terms the resentenced michael crinnion on three heroin supply counts, suspending final year each four-year term. it dismissed his against separate assault sentence. has allowed crinnion’s imposed for offences, finding that were an e
Report a correction · Ask for more detail
Courts Service · 2016-12-16 · courts
high court refuses rooney’s bid to cross-examine two state witnesses the ruled that proposed questioning concerned legal arguments and interpretations of earlier judgments, not disputed facts requiring cross-examination. [2016] iehc 729 refused john applications for leave on affidavits concerning hi
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
court of appeal says accountants need leave to add evidence in third-party notice the held that high order striking out was final for relevant procedural rule, so fresh could be introduced only with special leave. [2016] ieca 393 has ruled challenging a cannot their as right. they must first obtain
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
court of appeal dismisses challenge over zurich illness policy claim the upheld dismissal florence crowley’s proceedings, finding that his unsuccessful complaint to financial services ombudsman barred him from relitigating dispute after he did not decision high court. [2016] ieca 381 has dismissed a
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
court of appeal quashes refusals to renew mauritian parents’ immigration permissions the sent renewal applications back minister for reconsideration, finding that claimed family and private life rights had be considered. [2016] ieca 383 has quashed two decisions refusing a couple their justice equal
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
court of appeal upholds quashing refusal to renew mauritian woman’s permission remain the said minister had consider family’s asserted article 8 rights before refusing renewal, but left assessment their impact minister. [2016] ieca 382 has dismissed for justice and equality’s against an order a dani
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
high court refuses to quash €26,000 employment award after employer abandoned appeal the rejected a company’s judicial review challenge rights commissioner recommendation and an appeals tribunal implementation determination in constructive dismissal case. [2016] iehc 725 has refused maureen stewart,
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
court of appeal dismisses dublin airport authority in negligence claim mr justice gerard hogan agreed with the president that should be dismissed. he reserved a separate question about montreal convention and an eu regulation for case where it must decided. [2016] ieca 384 dismissed plc’s brought by
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
court of appeal allows daa over passenger’s fall on dublin airport air bridge the found evidence did not establish negligence and ruled that claim could proceed only against airline under montreal convention. [2016] ieca 384 has allowed authority’s dismissed teresa bell’s a an at in 2009. it by auth
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
high court refuses airlines’ discovery motions in air travel tax litigation the declined aer lingus and ryanair’s requests for further related orders, holding that ireland’s communications with european commission remained protected by privilege closely proceedings. [2016] iehc 727 has refused appli
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
supreme court refuses to send richards appeal back circuit the held that order allowing michael richards’ remained in force after later reinstatement was quashed. it allowed against high court’s remittal order. has an by and liam byrne, refusing remit proceedings dublin for a fresh hearing of prosec
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
high court declines to quash district order that was never made a judicial review challenge over seized cash refused after the found had adjourned police property application, not ordered money be withheld. [2016] iehc 726 has declined refusing return of money, finding no such been made. applicant’s
Report a correction · Ask for more detail
Courts Service · 2016-12-15 · courts
supreme court orders singh to pay costs after failed leave application the found evidence overwhelmingly showed nehall had authorised application, and awarded costello transport its reasonable costs, including those of an oral hearing. it also said intended refer materials gardaí for inquiries. ltd
Report a correction · Ask for more detail
Courts Service · 2016-12-14 · courts
high court finds hse negligent over missed ureter tear; awards €701,288.66 the found a surgeon negligently failed to notice significant tear during check after kidney-stone removal. it rejected other negligence grounds and left one benefits deduction for further argument. [2016] iehc 746 health serv
Report a correction · Ask for more detail
Courts Service · 2016-12-14 · courts
court of appeal dismisses challenge to detention ahead polish surrender the held that article 40.4 complaint could not establish unlawful detention, while expressly declining assess merits separate constitutional challenge. [2016] ieca 388 dismissed an by jaroslaw owczarz after finding his did raise
Report a correction · Ask for more detail
Courts Service · 2016-12-14 · courts
supreme court orders retrial after overturning rulings excluding cctv and interview evidence the found that trial judge had wrongly excluded both forms of in a dpp appeal against directed acquittals on three charges arising from 2011 car park fire. has quashed a. mcd. fire an apartment complex dubli
Report a correction · Ask for more detail
Courts Service · 2016-12-13 · courts
supreme court declares eviction under invalid warrant unlawful the ruled that a tenant was denied notice and opportunity to be heard required before issued more than six months after possession order. it declared her decided she entitled damages in principle, leaving assessment of for further submis
Report a correction · Ask for more detail
Courts Service · 2016-12-13 · courts
court of appeal dismisses challenge to five-year sentence for sexual assaults on sister the found no error principle in sentence, which included a suspended final year and concurrent terms across counts. dismissed damien kiely’s against severity prison imposed after his conviction 23 counts assault
Report a correction · Ask for more detail
Courts Service · 2016-12-13 · courts
high court orders limited discovery of communications in o’brien dossier case the refused requests to identify dossier’s unnamed client and obtain publication evidence, but ordered relating or denis o’brien, with identifying details redacted. [2016] iehc 719 has between red flag consulting its proce
Report a correction · Ask for more detail
Courts Service · 2016-12-13 · courts
high court allows hip implant expert to give evidence in depuy case the rejected depuy’s application exclude mr david john langton’s evidence, while leaving his independence open challenge at trial. [2016] iehc 728 has refused de puy international limited’s witness langton from a brought by kiara ke
Report a correction · Ask for more detail
Courts Service · 2016-12-13 · courts
high court orders return of child to england and wales under hague convention the found was habitually resident in had been wrongfully removed ireland. it rejected claim that a defence raised ordered her return. [2016] iehc 713 (family law) two-year-old child’s after finding she judgment, delivered
Report a correction · Ask for more detail
Courts Service · 2016-12-13 · courts
high court orders 12-year-old’s return to england and wales under hague convention the found child had been wrongfully removed from rejected objections raised convention. [2016] iehc 712 of ireland, family law has ordered a 12-year-old convention, after declaring that she jurisdiction. judgment was
Report a correction · Ask for more detail
Courts Service · 2016-12-12 · courts
court of appeal dismisses challenge to dpp’s decision not prosecute man sought by us the upheld refusal judicial review, finding was reviewable in this case and that she obliged give reasons. [2016] ieca 373 has dismissed an eric eoin marques challenging director public prosecutions’ him ireland for
Report a correction · Ask for more detail
Courts Service · 2016-12-12 · courts
court of appeal dismisses challenge to extradition over us sentencing rules the held that differences in how judges may consider conduct at did not meet high threshold for refusing extradition. [2016] ieca 374 has dismissed eric eoin marques’s against an order committing him prison pending a decisio
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
court of appeal cuts manslaughter sentence from 14 years to 11 the held that original starting was excessive, but left nine be served, with final two suspended. reduced thomas kinsella’s years’ imprisonment, five suspended, years, remains dated date set by central criminal court. concerned only. kin
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
high court refuses bid to set aside renewal of summons in rowan fund case the found that a solicitor’s address error explained failed service attempt and evidence did not establish enough prejudice overturn order. [2016] iehc 704 has refused asset management ltd.’s application an order renewing disp
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
high court rules converted ford van qualifies as a motor caravan for tax purposes the reversed an appeal commissioner’s decision that econoline remained in higher vrt category, finding met statutory definition of caravan. [2016] iehc 708 has ruled e-150 “motor caravan” vehicle registration purposes,
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
court of appeal reduces sentence for attempted rape and sexual assault the cut a 12-year to nine years, with four half years suspended, while retaining concurrent terms imposing post-release conditions. 40/16 reduced 75-year-old man’s assault, finding that central criminal court’s starting point was
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
high court refuses challenge to six-month detention order after teenager missed appeal the held that circuit acted within its jurisdiction when it affirmed district failed attend or prosecute his appeal. [2016] iehc 810 has refused a teenager’s application quash order, finding he in judgment deliver
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
high court seeks more detail before deciding on rights commission’s role in juvenile detention case the said proceedings raise significant human issues, but did not grant irish and equality commission permission to appear as amicus curiae information it. [2016] iehc 705 has asked (ihrec) for it deci
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
court of appeal dismisses p.c.’s against convictions the rejected challenges concerning inadmissible evidence and a requested good-character direction, leaving in place. has dismissed for eight counts indecent assault three rape, concerned returned by jury at central criminal on 17 july 2015. p.c. r
Report a correction · Ask for more detail
Courts Service · 2016-12-09 · courts
court of appeal refuses further stay on possession order for north king street property the declined to delay enforcement while a separate claim against aib continued, saying proceedings were unconnected and was an investment. [2016] ieca 392 has refused john philip jean quearney’s application givin
Report a correction · Ask for more detail
Courts Service · 2016-12-08 · courts
high court confirms censure and return-to-practice condition for nurse the said it could depart from nursing midwifery board’s sanction only a good reason under limited statutory test, found decision reasonable. [2016] iehc 780 confirmed board of ireland’s to impose two conditions following findings
Report a correction · Ask for more detail
Courts Service · 2016-12-08 · courts
high court awards €31,500 after finding developer trespassed in boundary dispute the found that long-standing physical features and parties’ conduct supported homeowners’ claim, directed a order be made. it later made an on proposed terms granted limited stay case of appeal. [2016] iehc 790 oakley p
Report a correction · Ask for more detail
Courts Service · 2016-12-08 · courts
court of appeal doubles suspended portion seven-year robbery sentence the upheld headline for 2012 francis crossan but found original allowance mitigation insufficient. it three years and six months. increased a imposed on giovanni obaseki robbery, after finding that did not sufficiently reflect mit
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
court of appeal dismisses bank guarantee the upheld high court’s decision to let ulster enter final judgment for €126,077.06, finding no arguable defence claim. [2016] ieca 371 has dismissed an by walter de kretser and gillian fox against a order allowing (ireland) limited including interest. judgme
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
court of appeal caps prison assault claimant’s high costs at €17,225 or lower circuit the held that statutory cost limits applied to damages award, despite case’s constitutional rights claims and state defendants’ role in prolonging trial. [2016] ieca 372 a award case, capping plaintiff’s recoverabl
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
high court grants limited leave to challenge deportation order the allowed a judicial review on family rights grounds and restrained man’s while proceedings are determined. [2016] iehc 654 has granted for three grounds, refusing two other grounds. it also until determined or makes further order. mr
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
high court refuses bid to dismiss credit union proceedings over delay the found no inordinate after had been adjourned under a settlement arrangement and later re-entered when payments were not met. [2016] iehc 716 has refused thomas cronin’s application carrick-on-shannon district union’s summary j
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
appeal court caps prisoner's high costs at damages award or circuit scale the of ruled that a statutory limit applied to proceedings, despite plaintiff's jury trial right. it left precise recoverable amount be determined by taxation. [2016] ieca 372 darius savickis’s for his case over an assault and
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
high court adjourns tenancy appeal pending recording of circuit hearing the ordered that a earlier be obtained so serious allegation about how possession order was made could resolved. [2016] iehc 714 adjourned tenant’s against an for kildare dwelling, directing before returns. did not decide whethe
Report a correction · Ask for more detail
Courts Service · 2016-12-07 · courts
appeal judge says wife has arguable defence to bank guarantee claim in a split court of judgment, gerard hogan j. said one appellant had raised an case that the should have ensured she received independent legal advice before guaranteeing her husband’s business debts. he did not decide whether succe
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
high court declines early ruling on county registrar’s potential costs liability the said arguments about in robert bradshaw’s judicial review should be made after that case is decided, and declined to give an advance view. [2016] iehc 698 has rule whether a registrar could liable for if brought by
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
court of appeal cuts rape sentence from 11 years to eight the found original headline too high compared with similar cases, while keeping three-year suspended portion and other requirements in place. reduced a man’s for eight, finding that was circumstances out line cases. appellant, identified judg
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
high court strikes out third-party notices in medical negligence dispute the found that lacked adequate prior support and were served too late. it did not decide underlying injury or claims. [2016] iehc 702 struck against health services executive (hse) two doctors, finding amounted to an abuse of p
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
court of appeal dismisses mcgreal’s over claimed westport property sale the held that documents created on instructions fatally undermined his claim he had personally agreed to sell whyte. [2016] ieca 365 has dismissed roger against summary dismissal for specific performance a proposed at carra clos
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
high court quashes 21-day default sentence over €100 bail estreatment the ruled that district judge exceeded her jurisdiction by imposing 21 days in default, where applicable period was 15 days. it granted certiorari and a declaration, awarded costs to applicant. [2016] iehc 699 has quashed prison i
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
court of appeal quashes refusal to place retired judge on legal aid counsel list the held that minister could not reject a bar council notification solely because barrister was regulated by council. his eligibility for remains decide. [2016] ieca 363 has quashed justice’s include high barry white el
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
high court refuses state bid to dismiss padden’s claim over alleged garda conduct the found delay was not inexcusable and no real risk of an unfair trial had been shown, but required proceedings move with every expedition. [2016] iehc 700 has refused application by ireland attorney general martin wr
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
high court awards an taisce costs after planning law test case the found that raised issues of exceptional public importance and special circumstances made a award in taisce’s favour just. [2016] iehc 701 has ordered mctigue quarries limited garry caroline to pay its principal application for protec
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
high court grants receiver’s interlocutory injunctions over trim property the found a fair question to be tried about appointment and ordered relief allow receivership proceed, without finally deciding appointment’s validity. [2016] iehc 718 has granted receiver seeking carry out at fairgreen indust
Report a correction · Ask for more detail
Courts Service · 2016-12-06 · courts
dunnes ordered to pay deerland’s solicitor-and-client costs after planning judicial review dismissed the high court found proceedings had been brought for a collateral purpose and awarded deerland on higher basis; an bord pleanála received standard party-and-party basis. [2016] iehc 697 stores const
Report a correction · Ask for more detail
Courts Service · 2016-12-05 · courts
court of appeal dismisses over six-year sentence for gorey supermarket robbery the found no sentencing error in term imposed an armed which staff were threatened with a kitchen knife. has dismissed john kinsella’s against robbing aldi gorey, co wexford, at knifepoint. court, ex tempore judgment deli
Report a correction · Ask for more detail
Courts Service · 2016-12-05 · courts
court of appeal dismisses passenger’s over fall on dublin bus the upheld trial judge’s finding that did not move violently and was caused by her holding a handrail. [2016] ieca 366 has dismissed an margaret mcgarr, who injured when she fell down stairs double-decker in 2008. it dismissal negligence
Report a correction · Ask for more detail
Courts Service · 2016-12-05 · courts
court of appeal reduces sentence for indecent assault convictions to 12 months the upheld need immediate custody but substituted concurrent 12-month terms 18-month imposed in circuit court. 227/16 reduced john prior’s two from 18 months’ imprisonment, finding that a shorter custodial was sufficient
Report a correction · Ask for more detail
Courts Service · 2016-12-05 · courts
court of appeal dismisses against three-year sentence for cocaine possession the found no error principle that would justify reducing imposed worth €128,891 supply. has dismissed alison cleary’s a prison possessing supply, finding term. court, in an ex tempore judgment delivered by mr justice mahon
Report a correction · Ask for more detail
Courts Service · 2016-12-05 · courts
court of appeal reduces templemore endangerment sentence to four years the substituted a four-year prison sentence, suspending final year on conditions. 12-year driving disqualification remains in place. reduced joseph mcinerney’s for after finding original term somewhat out line with other sentence
Report a correction · Ask for more detail
Courts Service · 2016-12-02 · courts
high court disqualifies three former custom house capital directors the found guilty of fraud and breaches duty, ordered them disqualified for periods 10, 12 14 years. [2016] iehc 689 has ltd years after finding that each was fraud, repeated duty conduct showing a lack commercial probity. in judgmen
Report a correction · Ask for more detail
Courts Service · 2016-12-02 · courts
high court bars part of woman’s hospital claim but lets surgery allegations proceed a preliminary ruling found about delayed cancer diagnosis were time-barred, while leaving the limitation question on alleged excessive for trial judge. [2016] iehc 696 has ruled that personal injury against health se
Report a correction · Ask for more detail
Courts Service · 2016-12-02 · courts
driver 55% responsible after pedestrian crossing on red is hit in dublin the high court apportioned liability for a 2011 collision at merrion row and street upper, finding failed to keep proper lookout was contributorily negligent. [2016] iehc 715 found with who crossed against signal, an interim ju
Report a correction · Ask for more detail
Courts Service · 2016-12-02 · courts
high court directs disputed will be read as leaving apartment to barbara black the admitted extrinsic evidence under succession act and ordered that a 2013 bequest “rosemary black” takes effect in favour of black. [2016] iehc 695 has directed eileen curtin’s her sandymount its contents black, after
Report a correction · Ask for more detail
Courts Service · 2016-12-02 · courts
high court declares fermoy show leasehold interest vested in state minister the declaration confirms a vesting that took effect when limited was dissolved 1999. existing sub-leases and other burdens remain; did not determine their extent. [2016] iehc 764 has declared held by company made under secti
Report a correction · Ask for more detail
Courts Service · 2016-12-02 · courts
high court dismisses birth injury claim as statute barred the fixed plaintiff’s date of knowledge at her hospital discharge in january 2009 and ruled that 2011 proceedings were out time. [2016] iehc 694 dismissed a woman’s personal against health service executive (hse), ruling was barred. decision
Report a correction · Ask for more detail