Courts Service · 2017-02-28 · courts
high court awards €32,630 to former fun fitness worker for wrist injury the assessed damages after company’s defence had been struck out and case proceeded without a defence. it found accident caused symptoms in plaintiff’s left wrist, but made no liability determination at hearing. [2017] iehc 154
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Courts Service · 2017-02-28 · courts
court of appeal dismisses gary davis’s against us extradition order the held that his challenge to high court’s assessment prison and medical risks was not an on a point law. it also said would have reached different conclusion evidence. [2017] ieca 50 (civil) has dismissed directing surrender unite
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Courts Service · 2017-02-28 · courts
court of appeal dismisses medical negligence over hysterectomy injury the upheld high court’s dismissal mary mcnicholas’s claim, finding no basis for a retrial judge’s treatment allegations and evidence. [2017] ieca 67 has dismissed against her claim consultant obstetrician gynaecologist andrea herm
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Courts Service · 2017-02-27 · courts
high court dismisses challenge to irish prison service promotion competition five officers challenged the process for work training officer. dismissed their judicial review proceedings, finding they had not established a legitimate expectation or its breach. [2017] iehc 118 has proceedings brought b
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Courts Service · 2017-02-27 · courts
appeal court reinstates gaffneys’ civil claims after delay strike-out the of said could proceed despite an inordinate and inexcusable period inactivity, but ordered steps toward early high trial. [2017] ieca 52 has allowed fidelma owen gaffney to continue their actions over alleged garda entry assau
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Courts Service · 2017-02-27 · courts
high court sends €50,000 personal guarantee dispute to plenary hearing a judge declined enter summary judgment against company director after finding about what his covered. the case will proceed hearing. [2017] iehc 116 has directed in over whether director’s covered company’s debt generally or onl
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Courts Service · 2017-02-27 · courts
court of appeal orders one year in custody for robbery committed while on bail the resentenced a man convicted robbing 16-year-old, leaving two years his three-year consecutive sentence suspended six years. has patrick casey 16-year-old bail, ordering that be served and suspending remaining director
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Courts Service · 2017-02-27 · courts
supreme court dismisses appeal over elst share valuation the upheld of appeal’s decision to send issue back high court, finding trial judge had not adequately explained method used set price. has dismissed an by danbywiske donegal investment group plc’s shares in elst, leaving place order referring
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Courts Service · 2017-02-27 · courts
high court rejects challenge to lithuanian arrest warrant in lisauskas surrender case the held that lithuania’s prosecutor general qualified as an issuing judicial authority and no statutory or human-rights bar prevented surrender. it said could therefore order authorised recipient. [2017] iehc 232
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Courts Service · 2017-02-27 · courts
court of appeal allows minister’s in asylum documents case the held there is no general duty for decision-makers to investigate submitted international protection claims, while recognising that special circumstances may require an inquiry. [2017] ieca 51 allowed against a high ruling had quashed ref
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Courts Service · 2017-02-27 · courts
high court restrains skellig fish from disposing of fishing capacity pending trial the interim order preserves disputed while a case over €900,000 sale agreement proceeds. did not decide whether company is ultimately bound to complete sale. [2017] iehc 150 court, chancery granted an interlocutory in
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Courts Service · 2017-02-27 · courts
court of appeal refuses release detained man who applied for permitted family member status the held that an application recognition as a did not itself grant right to remain in ireland while minister considered it. [2017] ieca 46 has refused order pakistani national pending deportation, finding his
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Courts Service · 2017-02-27 · courts
high court refuses appeal over proposed personal insolvency arrangement the upheld ebs’s objection, citing gaps in evidence about debtor’s finances, home’s condition and his engagement with process. [2017] iehc 120 on circuit, eastern county of meath refused michael ennis’s against rejection a arran
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Courts Service · 2017-02-27 · courts
high court refuses child’s bid to challenge zimbabwe asylum appeal decision the dismissed an application for leave seek judicial review, finding no substantial grounds tribunal’s on case presented it. [2017] iehc 115 has a five-year-old review of refugee appeals tribunal rejecting his appeal. in jud
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Courts Service · 2017-02-27 · courts
high court strikes out aib guarantee case after five-year gap the accepted that bank’s delay was inordinate and unexplained, ruled balance of justice favoured ending proceedings against three defendants. [2017] iehc 117 has struck allied irish banks plc’s defendants over a €50,000 guarantee, ruling
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Courts Service · 2017-02-27 · courts
appeal court orders custody for two burglary counts after finding sentences unduly lenient the of quashed wholly suspended on 7 and 8, ordering one year in each, consecutively, with remaining years seven years. has found that eight were replaced them terms requiring immediate custody. left other six
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Courts Service · 2017-02-24 · courts
district court makes care order for child a until age 18 the found that a’s needs could not be met at home and ordered ongoing care, flexible family access tailored support parents child. [2017] iedc 04 an chúirt dúiche / court; dublin metropolitan granted tusla she reaches 18, finding her health, d
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Courts Service · 2017-02-24 · courts
supreme court to refer environmental costs appeal eu the decided, without an oral hearing, seek cjeu’s opinion on that could be awarded against volkmar klohn. parties were given 14 days comment wording of proposed reference. has decided questions justice european union (cjeu) in concerning klohn cas
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Courts Service · 2017-02-24 · courts
court of appeal upholds pay-related employment rights claim by preschool teacher the held that minister was ms boyle’s employer for purposes under part-time work legislation, but could not be ordered to admit her national teachers’ pension scheme. [2017] ieca 39 has upheld a ruling education and ski
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Courts Service · 2017-02-24 · courts
court of appeal awards former employee €16,818.75 over insolvency protection gap the found ireland had failed to provide a procedure required by an eu directive and awarded damages equal binding employment award she could not recover from social insurance fund. [2017] ieca 37 has magdalena glegola i
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Courts Service · 2017-02-24 · courts
court of appeal increases sentence for serious sexual offences from seven to nine years the allowed dpp’s undue-leniency review and substituted a nine-year sentence, while giving limited credit guilty plea, prison report resentencing circumstances. increased vicktors zimants’s after finding that ori
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Courts Service · 2017-02-24 · courts
high court finds dunnes stores liable for newbridge checkout fall the found employer breached its duties after a worker tripped on loose cabling, rejected contributory negligence and assessed damages, with final order still to be settled. [2017] iehc 208 (newbridge) limited injured her right knee wh
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Courts Service · 2017-02-24 · courts
supreme court rejects legal-aid bid in road redesign appeal the held that john conway’s claim did not engage aarhus convention or eu public-participation directives, and left broader questions about legal aid environmental cases undecided. has rejected application for state-funded assistance to purs
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Courts Service · 2017-02-24 · courts
supreme court refers wind farm habitat questions to eu the found edel grace had standing pursue appeal and referred about rules of justice. it did not decide challenge on its merits. has european protection justice union in a permission for farm. that applicant case, but whether planning was lawful.
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Courts Service · 2017-02-24 · courts
high court refuses challenge to expired cash detention order the found that district judge misunderstood evidential burden and restricted cross-examination, but declined quash a temporary had been replaced. [2017] iehc 153 court; judicial review applications has refused two challenging temporarily e
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Courts Service · 2017-02-24 · courts
supreme court dismisses louth environmental group appeal as moot the also refused to consider legal aid for an that could no longer affect concluded zoning proceedings. dismissed by (l.e.g.) against refusal let it join a judicial review over provisions in dundalk and environs development plan 2009–2
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Courts Service · 2017-02-24 · courts
court of appeal refuses dpp bid to increase five-year sentences for firearm offences the said michael finlay and dean byrne were very lenient but fell within sentencing court’s discretion, so it refused unduly sentence review. has a director public prosecutions application prison imposed on possessi
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Courts Service · 2017-02-24 · courts
high court sets aside borrower’s notice to cross-examine in property possession case the ruling concerns a procedural application permanent tsb’s proceedings over two investment properties. set and allowed bank rely on its affidavits at hearing; it did not decide claim. [2017] iehc 143 by borrower s
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Courts Service · 2017-02-23 · courts
supreme court judge says parents were denied fair procedures in emergency care hearing a judgment dated 23 february 2017, macmenamin j. would dismiss the child and family agency’s appeal, finding that could not meaningfully participate district hearing. children’s interim orders had expired, they si
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Courts Service · 2017-02-23 · courts
high court refuses leave in passport application involving child’s citizenship claim the found material presented did not sufficiently establish irish or parentage for a potential order compelling to be issued. [2017] iehc 132 refused judicial review seeking compel minister foreign affairs issue an
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Courts Service · 2017-02-23 · courts
high court refuses leave to challenge deportation order the found minister’s assessment of applicant’s private life rights rational and reasonable, held that she had not shown substantial grounds for judicial review. [2017] iehc 131 has refused an applicant seek review a order, finding demonstrated
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Courts Service · 2017-02-23 · courts
high court refuses challenge to malaysian man’s deportation order the held that his year on a student visa required consideration under article 8, but found minister’s decision rational and refused quash order. [2017] iehc 128 has application order, finding minister for justice had considered privat
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Courts Service · 2017-02-23 · courts
supreme court dissent would have allowed agency appeal over care order justice peter charleton agreed that habeas corpus could apply in exceptional child cases, but concluded the parents had not proved district court’s procedural error stripped it of jurisdiction. [2017] iesc 000 a and family agency
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Courts Service · 2017-02-23 · courts
court of appeal suspends final nine months sexual assault sentence the upheld a two-year but restructured it to include 15 probation supervision and programme requirements. prison for man convicted burglary, suspended its imposed post-release by service. court, in judgment delivered on 23 february 2
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Courts Service · 2017-02-23 · courts
appeal court raises sentence for dangerous driving death to six years the of found original four-year headline unduly lenient, suspended final two and nine months, left a 15-year disqualification in place. 185cja/16 raised christopher coleman, who pleaded guilty causing eugene maher, from four years
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Courts Service · 2017-02-23 · courts
supreme court dismisses appeal over one-week adjournment in child care case justice dunne said a short delay would have allowed the parents to secure representation without putting children’s safety or welfare at risk. dismissed and family agency’s concerning handling of an interim order application
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Courts Service · 2017-02-23 · courts
high court refuses leave to challenge refugee status decision the found that an erroneous statement in appeals tribunal could be severed, and its credibility conclusion was supported by other facts record. [2017] iehc 129 refused m.y.’s application for seek judicial review of decisions refusing him
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Courts Service · 2017-02-23 · courts
high court stays enforcement of italian costs judgment against irish company the ruled that mares associates’ appeal order was in time and stayed pending further order, citing risk winding up would prevent its from continuing. [2017] iehc 159 has an associates limited while italy remains pending, ru
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Courts Service · 2017-02-23 · courts
supreme court backs outcome of challenge to children’s care order after unfair hearing o’donnell j said the district breached fair procedures, while agreeing with proposed by macmenamin j. children remained in child and family agency’s as fresh proceedings continued. agreed that a on 29 october 2015
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Courts Service · 2017-02-23 · courts
high court refuses challenge to decision on further asylum application the rejected an afghan applicant’s bid quash minister’s refusal of consent for a application, finding decision’s reasons sufficient despite their brevity. [2017] iehc 130 has refused certiorari refusing make under section 17(7) r
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Courts Service · 2017-02-23 · courts
high court rejects challenge over costs in firearms licence appeals the held that district could not award to successful appellants under legislation and dismissed their judicial review claim. [2017] iehc 158 has a by 27 people who had succeeded against refusals of certificates but were denied court
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Courts Service · 2017-02-22 · courts
high court sets out case-by-case costs process for depuy hip claims the declined to impose a general regime on settled but said it would consider interim payments after cases determines. [2017] iehc 101 has will lump-sum account of in that proceed judgment, while refusing practice direction and decl
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Courts Service · 2017-02-22 · courts
high court refuses interim order restoring worker to credit control role the declined require liffey meats (cavan) reinstate fiona duffy as controller or pay her salary while employment dispute proceeds. [2017] iehc 103 court, chancery has refused duffy’s request for an requiring restore former and
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Courts Service · 2017-02-21 · courts
high court refuses late appeal bid over €5,000 defamation award mr justice max barrett declined to extend time for peter griffiths the circuit court’s damages order, finding that two requirements an extension had not been established. [2017] iehc 110 has refused more a made in proceedings, ruling he
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Courts Service · 2017-02-21 · courts
high court refuses leave to challenge subsidiary protection refusal the found applicant had not met statutory threshold for seek judicial review of international appeals tribunal’s decision. [2017] iehc 93 refused an a decision that he was eligible protection, finding discharged burden proof require
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Courts Service · 2017-02-21 · courts
high court rules ulster bank receivers were validly appointed the held that had a contractual power to appoint over three properties and plaintiff’s claims, based on challenges those appointments, bound fail. [2017] iehc 155 has ruled ireland limited joint secured it by mortgages charges, said claim
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Courts Service · 2017-02-21 · courts
court of appeal upholds sentence for violent robbery 90-year-old man the dismissed appeal, finding no sentencing error in eight-year term, which two and a half years were suspended. has an against castlerea, principle judge’s decision. final term suspended, leaving five to be served. appellant had p
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Courts Service · 2017-02-21 · courts
court of appeal dismisses challenge to refusal judicial review leave the held that appellant had not met threshold for rulings on prosecutorial delay and recorded child interviews. [2017] ieca 53 appeal; prior proceedings in dublin circuit high has dismissed an by k.d. against a grant made during he
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Courts Service · 2017-02-21 · courts
high court approves rejected insolvency arrangement to let wexford debtor remain in home on appeal, the approved a personal by ebs, finding its terms reasonably likely be met and not unfairly prejudicial lender. ruling preserves debtor’s ability live her home; it does bind former husband arrangement
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Courts Service · 2017-02-21 · courts
high court rules d.j. may pursue compensation claim for ptsd after mother’s death the allowed preliminary issue in d.j.’s appeal, finding that his caused ptsd. it left final form of order to be discussed with counsel. [2017] iehc 114 has ruled is entitled a post-traumatic stress disorder (ptsd) moth
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Courts Service · 2017-02-21 · courts
high court says bam balfour beatty must pursue tender confidentiality claim by judicial review the decided a preliminary procedural issue, ruling that consortium’s damages against national roads authority could not proceed plenary action. it did determine whether confidential information was disclos
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Courts Service · 2017-02-21 · courts
high court refuses leave to challenge rejection of albanian applicant’s refugee claim the found no substantial grounds permit a judicial review appeals tribunal’s decision. [2017] iehc 94 refused an applicant seek tribunal decision refusing her status. ms justice o’regan gave judgment on 21 february
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Courts Service · 2017-02-21 · courts
high court dismisses three nowak appeals over tenancy tribunal decisions the found challenges raised no reviewable legal error and ordered that relief be granted to appellants. [2017] iehc 111 dismissed by piotr/peter agnieszka against residential tenancies board (rtb) determinations concerning thei
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Courts Service · 2017-02-21 · courts
court of appeal dismisses against indecent assault convictions the rejected challenges to trial process and evidence, while stressing that judgment concerned conviction only, not director public prosecutions’ separate sentence appeal. has dismissed g.c.’s five for assault, finding no basis overturn
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Courts Service · 2017-02-21 · courts
high court refuses state bid to strike out prisoner’s injury claim the found delay in proceedings was inordinate but excusable, and said should continue subject strict expedition. [2017] iehc 109 has refused state’s application dismiss conrad sugg’s over an alleged 2002 assault mountjoy prison, warn
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Courts Service · 2017-02-20 · courts
high court refuses leave to appeal in international protection case the said proposed questions were not determinative or of exceptional public importance, and concerned a process that had since been replaced by new legislation. [2017] iehc 96 refused j.n.e. its earlier refusal seek judicial review,
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Courts Service · 2017-02-20 · courts
high court dismisses challenges to deportation orders in sham-marriage cases two applicants argued that eu law required removal rather than orders. the dismissed both applications for leave seek judicial review. [2017] iehc 95 challenge orders, ruling had not shown substantial grounds arguing they c
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Courts Service · 2017-02-20 · courts
high court refuses affidavits from three amici in data-transfer case the said curiae could assist through submissions, while evidence parties and their experts made proposed unnecessary or outside case’s scope. [2017] iehc 105 refused applications by to submit proceedings concerning data transfers e
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Courts Service · 2017-02-20 · courts
high court refuses ryanair bid for further discovery in defamation case the found ialpa’s electronic searches reasonable and adequate, declined to strike out defendants’ defence or order searches. [2017] iehc 425 has refused ryanair’s application its proceedings against irish municipal, public civil
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Courts Service · 2017-02-20 · courts
high court sets aside default judgment against playground equipment company the allowed third defendant to reopen case after finding it had a bona fide defence and that setting would not substantially prejudice minor plaintiff. [2017] iehc 97 set entered in of appearance go play limited personal inj
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Courts Service · 2017-02-20 · courts
high court grants receivers €432,917 summary judgment over cork car park lease arrears the found pat mcdonagh’s affidavits disclosed no arguable defence to receivers’ claim for unpaid rent. it rejected his 2011 attempt surrender leases, while noting that a later took effect in 2016. [2017] iehc 98 g
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Courts Service · 2017-02-20 · courts
court of appeal increases limerick shotgun sentence to 10 years the found an eight-year unduly lenient, but retained original two-and-a-half-year suspended element. increased a prison imposed on jason freyne for firing sawn-off at man in limerick, after finding lenient. judgment delivered 20 februar
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Courts Service · 2017-02-20 · courts
court of appeal dismisses challenge to sexual assault conviction the rejected three grounds that had not been raised at trial, while finding a jury direction on complaint evidence should ideally have given. has dismissed an by folajimmy awode against his for assault, concluding none grounds—raised f
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Courts Service · 2017-02-17 · courts
high court overturns €40,000 award over wicklow way fall the found national parks and wildlife service was not negligent a worn boardwalk indentation, allowed its appeal in full. [2017] iehc 85 has overturned circuit to hill walker injured on boardwalk, finding that failing fill an indentation or re
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Courts Service · 2017-02-17 · courts
high court refuses to strike out farm-transfer dispute over delay the found was not inordinate and inexcusable, taking account of attempted mediation, efforts reduce litigation costs defendant’s response. it allowed case proceed without deciding its merits. [2017] iehc 102 has refused an application
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Courts Service · 2017-02-17 · courts
court of appeal suspends remainder sentence for driver in fatal crash the allowed anthony handley’s appeal, finding errors original sentencing and suspending unserved portion his two-year prison term one year, subject to a €100 bond. against severity dangerous driving causing death or serious bodily
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Courts Service · 2017-02-17 · courts
high court orders receiver possession of three properties in loan dispute the interlocutory ruling favoured receiver’s application, but left a partner’s claimed interest summer cove unresolved and its lis pendens place. [2017] iehc 92 has ordered interim to appointed over them after borrower default
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Courts Service · 2017-02-17 · courts
appeal court sends irish-language rules case back for rehearing the of set aside high court’s declarations because it gave no reasons, and returned matter a before different judge. [2017] ieca 45 has allowed state’s sent dispute over legal materials to did not decide whether applicant was entitled i
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Courts Service · 2017-02-17 · courts
high court rules woman’s detention at dóchas centre was lawful the gave reasons for a decision made on 6 february 2017, rejecting challenges to warrant and state’s intention deport her. [2017] iehc 80 ruled that woman detained lawfully held under issued governor of mountjoy prison. mr justice binchy
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Courts Service · 2017-02-17 · courts
high court judge refuses request to recuse himself from receiver dispute mr justice tony o’connor rejected the defendants’ application, finding their apprehension of unfairness was not one an objective observer could reasonably hold. he had yet been assigned hear substantive applications. [2017] ieh
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Courts Service · 2017-02-16 · courts
high court refuses to strike out ryanair’s competition law claim the said complex legal issues should be decided at a full hearing. it did not decide whether defendants breached or trademark rights. [2017] iehc 90 court, commercial has refused an application by google ireland limited and inc. ryanai
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Courts Service · 2017-02-16 · courts
high court refuses production of documents on living-out allowance review the denied two government after reviewing them, finding disclosure ministers’ pre-decision views contrary to public interest. it did not decide whether constitutional cabinet confidentiality applied. [2017] iehc 645 refused or
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Courts Service · 2017-02-16 · courts
high court refuses challenge over student extension scheme the rejected a mauritius-born applicant’s claims that she had legitimate expectation of permission under or officials applied it inflexibly. [2017] iehc 82 has refused judicial review application by woman from mauritius who challenged refusa
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Courts Service · 2017-02-16 · courts
high court refuses challenge to visa refusal over unresolved parental consent the said would stand because adequate for child’s travel had not been demonstrated, regardless of applicants’ other arguments. [2017] iehc 81 has refused a judicial review application seeking quash join parent nigerian app
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Courts Service · 2017-02-16 · courts
high court awards €4.34m for future care of woman with cerebral palsy the set costs remainder amy vance’s life and assessed her likely additional expectancy at 13 years. [2017] iehc 145 awarded €4,342,073.62 vance, a severe palsy, after hearing on she would need expectancy. judgment was delivered by
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Courts Service · 2017-02-15 · courts
high court dismisses n.n.’s late challenge to refusal of refugee status the refused an extension time and, in alternative, rejected judicial review grounds on their merits. [2017] iehc 99 has dismissed a decision refusing recognise him as refugee, finding that he had not shown good and sufficient re
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Courts Service · 2017-02-15 · courts
court of appeal dismisses solicitor’s appeals over practising certificate conditions the upheld 2016 requiring supervision, while finding a separate 2015 moot because those had been overtaken by events. [2017] ieca 30 dismissed john f. condon’s against attached to his certificate, including requirem
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Courts Service · 2017-02-15 · courts
former directors restricted after court finds repeated tax failures and delayed liquidation the high found no dishonesty or failure to cooperate, but was not satisfied that michael john taggart had acted responsibly in relation unpaid paye/prsi company filings. [2017] iehc 76 declared taggart, of ta
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Courts Service · 2017-02-15 · courts
high court sets aside €6.97m summary judgment after finding borrower had no true notice of hearing the found that borrower’s poor mental health left him without bank’s motion, despite court-directed service process being followed. it ordered set and proposed a prompt rehearing application. [2017] ie
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Courts Service · 2017-02-15 · courts
high court grants aib summary judgment on four loans to property borrower the ruled that had no arguable defence claims, while noting uncertainty over terms of two facilities. [2017] iehc 75 granted allied irish banks plc and mortgage bank against tadgh o’brien for amounts they sought under loan mr
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Courts Service · 2017-02-15 · courts
high court awards ulster bank €1.056m in reaney loan dispute the granted judgment on a 2008 facility and dismissed peter reaney’s counterclaim set-off. it left well-charging proceedings costs for later determination. [2017] iehc 104 has awarded ireland limited €1,056,698.48 against over loans reside
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Courts Service · 2017-02-14 · courts
high court says volkswagen dealer contracts ended in 2013 despite breach over termination reasons the ruled that any damages for group ireland’s failure to give sufficiently detailed must be assessed on basis 30 april 2013. it also ordered former comply with contracts’ requirements removing signs an
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Courts Service · 2017-02-14 · courts
high court quashes refusal of second counsel in historical assault case the ordered legal aid application to be reconsidered, but refused stop trial over alleged delay. it did not decide whether state’s handling involved culpable [2017] iehc 83 quashed a circuit decision refusing an accused facing f
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Courts Service · 2017-02-13 · courts
high court strikes out solicitor dispute after years of delay the found plaintiff’s in advancing his claim inordinate and inexcusable, also granted defendant’s application for dismissal want prosecution. [2017] iehc 346 struck a by sean mcandrew against enya egan finding that proceedings was inexcus
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Courts Service · 2017-02-13 · courts
high court dismisses appeal against possession order for cavan home the held that circuit had jurisdiction over mortgage claim because property was defendants’ principal private residence. it dismissed and affirmed order. [2017] iehc 79 has mark flynn’s a granting kbc bank ireland limited of in coun
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Courts Service · 2017-02-13 · courts
high court refuses appeal leave on deportation-order date question the declined one proposed of law and adjourned consideration a separate question. [2017] iehc 72 has refused an applicant to whether deportation order was unlawful because it did not itself state for departure. in judgment delivered
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Courts Service · 2017-02-13 · courts
high court refuses challenge over delayed family visa decision the found it was not arguable that second applicant had a derivative eu-law right when his application made, before first moved to ireland. [2017] iehc 70 has refused an for judicial review seeking compel minister justice and equality de
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Courts Service · 2017-02-13 · courts
supreme court dismisses appeal over strike-out of claims against solicitors the found no error in high court’s decision to strike out proceedings mccann fitzgerald solicitors. ruling addressed only that and appeal. court; (prior proceedings) dismissed edward o’neill’s a striking his solicitors, find
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Courts Service · 2017-02-13 · courts
high court strikes out solicitor negligence claim after prolonged delay the found plaintiff’s roughly three years and four months of inactivity was inordinate inexcusable, also granted defendant’s application for want prosecution. [2017] iehc 345 has struck sean mcandrew’s against enya egan finding
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Courts Service · 2017-02-13 · courts
high court refuses bankrupt’s request to cross-examine official assignee the found no relevant affidavit conflict requiring cross-examination in a pending application concerning possible postponement of sean dunne’s bankruptcy discharge. [2017] iehc 66 has refused for permission on affidavits suppor
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Courts Service · 2017-02-13 · courts
high court orders asset disclosure and restraint in post-judgment dispute the ordered discovery aid of execution restricted mary walsh’s use assets, while allowing her to spend pension on living costs any appeal stamp duty. [2017] iehc 177 walsh disclose financial information produce records david a
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Courts Service · 2017-02-13 · courts
high court refuses leave to challenge refugee appeal decision the said tribunal had considered applicant’s medical report and found rules on past persecution were not engaged because no been accepted. [2017] iehc 71 has refused an applicant a appeals that affirmed recommendation against granting sta
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Courts Service · 2017-02-13 · courts
high court refuses appeal leave in six asylum judicial review cases justice richard humphreys rejected two proposed questions of law, finding that one rested on a factual premise he had not adopted and the other an unreasoned ruling. refused to earlier decisions. has applicants permission decisions
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Courts Service · 2017-02-10 · courts
court of appeal dismisses conviction and sentence appeals in rape case the found jury had been fairly directed on consent held that an eight-year sentence, with its final year suspended, fell within sentencing judge’s discretion. dismissed p. g.’s against his for prison suspended. ex tempore judgmen
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Courts Service · 2017-02-10 · courts
court of appeal restores deportation decision after overturning judicial review ruling the allowed minister’s appeal, set aside high order quashing 2010 and dismissed rb’s application. [2017] ieca 26 has minister for justice’s against a that quashed to leave in place rb, an armenian national. vacate
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Courts Service · 2017-02-10 · courts
court of appeal dismisses developer’s appeals in €7.68m bank scotland dispute the upheld high court’s findings on lindville security, disputed lending representations, receivers and solicitors, ordered any remaining lis pendens over secured lands to be vacated. [2017] ieca 24 has dismissed two by pr
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Courts Service · 2017-02-10 · courts
court of appeal dismisses against sexual assault and burglary convictions the rejected challenges to handling complainant’s her sister’s evidence jury warnings. concerned only; sentence was not addressed in this judgment. no. 212/16 has dismissed an a man’s for burglary, finding that trial fair verd
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Courts Service · 2017-02-10 · courts
high court grants temporary protection to firstwood partnership property the found a fair question be tried over loan terms and granted an interlocutory injunction pending trial, without deciding dispute’s merits. [2017] iehc 65 court, commercial preventing steps take possession of or otherwise act
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Courts Service · 2017-02-10 · courts
high court dismisses hostel resident’s negligence claim over boiling-water assault the accepted that resident was assaulted and injured at a salvation army hostel, but found not foreseeable organisation had breached its duty of care. [2017] iehc 64 has dismissed man’s against (republic ireland) an b
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Courts Service · 2017-02-10 · courts
supreme court extends kevin tracey’s time to appeal contempt finding the allowed an nearly nine years late, limiting it claims that breached constitutional, european human rights or eu law. has extended a high decision refused quash district finding, allowing proceed on limited grounds. mr justice c
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Courts Service · 2017-02-10 · courts
court of appeal dismisses challenge to receivers’ appointment as abuse process the upheld dismissal patrick o’connor’s 2015 proceedings, finding that could have been raised in earlier litigation. [2017] ieca 25 appeal, civil has dismissed against proceedings he brought two receivers, holding case wa
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Courts Service · 2017-02-10 · courts
appeal court suspends an additional year of sentence in cannabis case the changed for a man convicted drugs offence, citing sentencing error about his record and limited credit previous good character. 306/15 has imposed on dariusz lelakowski suspending eight-year prison term. ex tempore judgment de
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Courts Service · 2017-02-10 · courts
high court refuses father’s request to return child poland the found was wrongfully taken from but refused a order after finding he well settled in ireland and considering delay bringing proceedings. [2017] iehc 68 for of his young son under hague convention, that had been removed by time proceeding
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Courts Service · 2017-02-09 · courts
high court quashes part of asylum appeal decision over missing future-risk assessment the refugee appeals tribunal must reconsider risk future persecution in zimbabwe and issue a supplemental decision. other findings its remain upheld. [2017] iehc 55 has quashed concerning zimbabwean applicant for s
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Courts Service · 2017-02-09 · courts
high court refuses to quash rejection of refugee claim by anonymised applicant the found no basis overturn decision through judicial review, holding that an appeal was appropriate remedy. [2017] iehc 56 has refused applicant’s claim, finding disputed involved individual assessment and in a judgment
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Courts Service · 2017-02-09 · courts
high court refuses challenge to nigerian woman’s rejected refugee claim the upheld appeals tribunal’s credibility assessment and refused quash its decision refusing status. [2017] iehc 57 has a application tribunal rejecting her claim, finding that gave clear reasons for acted within jurisdiction. w
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Courts Service · 2017-02-09 · courts
high court dismisses bid to extend company oppression order the ruled that james morey could not use an earlier liberty-to-apply provision seek new powers over a damages hearing and possible settlement. [2017] iehc 341 dismissed application by for authority make decisions on behalf of emerald isle a
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Courts Service · 2017-02-09 · courts
court of appeal adds five months to suspended portion sentence the dismissed but partly adjusted sentence, citing unusual delays before conviction could be heard. 48/13 m.r.’s against for four indecent assault convictions increased by months, from 12 17 months. it said adjustment was limited and ref
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Courts Service · 2017-02-09 · courts
court of appeal dismisses sentence appeals over serious assault the rejected both dpp’s undue-leniency application and constantin zaharia’s against his six-and-a-half-year prison sentence. has dismissed concerning imposed on zaharia for causing harm to former partner at clonee, co dublin, 9 may 2015
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Courts Service · 2017-02-09 · courts
court of appeal dismisses over three-year sentence for prison assault the said offending in should not be treated as an aggravating factor when setting a that must run consecutively, but found appropriate and dismissed appeal. has gerard browne’s against causing harm to fellow prisoner stephen coope
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Courts Service · 2017-02-09 · courts
supreme court ruling splits over liability in marist abuse case the court’s judgments differed on legal basis for and damages due to a former pupil who was abused by teacher. source contains o’donnell j.’s judgment refers separate charleton j. considered of brother’s provincial civil brought said he
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Courts Service · 2017-02-09 · courts
supreme court sends marist brothers liability issue back to high the appeal judgment upheld findings about abuse and brothers’ responsibility for it, but ordered a limited retrial decide whether current head can be liable as successor an earlier head. [2016] iesc (number absent in source) of ireland
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Courts Service · 2017-02-09 · courts
court of appeal refuses dpp bid to increase suspended sentence the called for two weapons intimidation offences extremely lenient, but refused review about 15 months after sentencing, citing delay and respondent’s conduct since. has a director public prosecutions application fully imposed on stephen
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Courts Service · 2017-02-08 · courts
irish high court refuses facebook identity disclosure over risk to anonymous poster the found it probable that disclosing of “tvo” could expose account operator human rights abuses in uganda. must notify account, and plaintiff may renew his application if posts are not removed within 14 days. [2017]
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Courts Service · 2017-02-08 · courts
high court declines to release man jailed over unpaid child maintenance the found no apparent invalidity on face of district order imposing a three-week sentence and refused constitutional application for release. [2017] iehc 60 declined john o’brien from cork prison after finding under which he was
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Courts Service · 2017-02-07 · courts
district court orders interim care for four children over findings of neglect the found reasonable cause to believe had suffered consistent and could face if returned their parents at that time. it directed assessments reunification planning while adjourning order application. [2017] iedc 24 an chúi
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Courts Service · 2017-02-07 · courts
supreme court dismisses appeal over burden of proof for diminished responsibility in a concurring judgment, mr justice peter charleton said an accused must clearly establish the defence under criminal law (insanity) act 2006. [2016] iesc 000 dismissed joseph heffernan’s judgment addressing murder ca
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Courts Service · 2017-02-07 · courts
court of appeal rejects bid to stop historic gross-indecency trial the dismissed an challenging both delay in prosecution and constitutionality offence. it did not decide whether allegations were proved. [2017] ieca 82 has by anonymised appellant who sought prevent a on seven counts gross indecency
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Courts Service · 2017-02-07 · courts
court of appeal dismisses against convictions for rape and sexual assaults the rejected six grounds challenging evidence, jury direction on delay verdicts. its judgment addressed conviction only; sentence was not dealt with in this decision. has dismissed an a man one count 115 counts indecent assau
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Courts Service · 2017-02-07 · courts
supreme court upholds balance-of-probabilities burden for diminished-responsibility defence the dismissed an appeal by a man convicted of murder, holding that must prove diminished responsibility on balance probabilities after prosecution proves elements murder beyond reasonable doubt. ireland has j
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Courts Service · 2017-02-06 · courts
high court strikes out claim against employer after delay the dismissed james o’reilly’s action first defendant over a 2006 work accident, finding in prosecuting it inordinate and inexcusable. claims other defendants were not determined. [2017] iehc 108 has struck o’neill brennan limited ruling that
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Courts Service · 2017-02-06 · courts
high court dismisses appeal over proposed mortgage review limit in dunne insolvency case the held that a restriction on permanent tsb’s of warehoused balance was unfairly prejudicial and outside limits legislation. [2017] iehc 59 circuit, south eastern county waterford dismissed an by debtor persona
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Courts Service · 2017-02-06 · courts
court of appeal replaces suspended sentence with stricter conditions in dangerous-driving case the found original fully three-year unduly lenient, but decided public interest did not call for prison. it reimposed payment, community service and probation conditions. that a dangerous driving causing i
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Courts Service · 2017-02-06 · courts
court of appeal quashes refusal based on 15-day subsidiary protection deadline the held it was bound by eu justice ruling that violated principle effectiveness. quashed minister’s to accept evelyn danqua’s late application; did not decide application itself. [2017] ieca 20 has minister for and equal
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Courts Service · 2017-02-06 · courts
high court refuses tenants’ appeal against enforcement of agreement to leave dalkey home the upheld circuit court’s a prtb determination incorporating an agreement, but left length any further stay for separate argument. [2017] iehc 424 has refused by two tenants requiring them their home, and grant
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Courts Service · 2017-02-06 · courts
high court refuses leave to challenge zimbabwean asylum decision the found no substantial grounds quash refugee appeals tribunal’s that sz had not established a claim status. [2017] iehc 53 refused an application by man for tribunal he was refugee, finding it. in judgment delivered on 6 february 201
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Courts Service · 2017-02-06 · courts
court of appeal suspends final 18 months sentence in dangerous-driving death case the left six-year headline and ten-year driving disqualification place, but ordered that be suspended subject to a bond. 67/16 vincent cadden’s prison for dangerous causing his friend colm melia. required cadden enter
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Courts Service · 2017-02-06 · courts
court increases sentence to 10 years, all suspended, after year-long review the of appeal said respondent’s reported progress made imprisonment inappropriate, while maintaining that original offence was extremely serious and circuit unduly lenient. increased christopher zinck’s from nine years with
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Courts Service · 2017-02-06 · courts
court of appeal dismisses challenge to indecent-assault convictions the found jury had not been confused or misled about whether interview admissions related alleged activity before complainant turned 15. has dismissed m.r.’s against four for indecent assault, finding that trial was unsatisfactory a
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Courts Service · 2017-02-03 · courts
appeal court upholds refusal to register man’s birth as having occurred in dublin the of found evidence did not establish, on balance probabilities, that sergey chesnokov was born henrietta street 1940. [2017] ieca 19 allowed an by tard-chláraitheoir and upheld chesnokov’s a judgment delivered 3 feb
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Courts Service · 2017-02-03 · courts
high court refuses former administratrix’s bid to have costs paid from estate the ruled that should not bear of unsuccessful defence an application remove her, citing prolonged delays and failures account beneficiaries. [2017] iehc 47 has refused by albina hoey her unsuccessfully defending removal a
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Courts Service · 2017-02-03 · courts
high court refuses release bid by man detained pending deportation the found a settled intention to deport c.a. and held his detention lawful, ruling that application for permitted family member status did not itself give him permission remain in ireland. [2017] iehc 48 has refused an from immigrati
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Courts Service · 2017-02-03 · courts
high court finds two-year delay in subsidiary protection decision breached rights the refused to quash child-benefit or order backdated payments, but declared that from may 2011 2012 applicants’ rights. it said compensation should be addressed at a further hearing. [2017] iehc 52 found deciding woma
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Courts Service · 2017-02-03 · courts
court of appeal rejects late birth registration by russian-born claimant the upheld registrar general’s refusal to register sergey chesnokov as born in dublin 1940, finding evidence did not establish his claim on balance probabilities. [2017] ieca 19 allowed an tard-chláraitheoir, general, and havin
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Courts Service · 2017-02-02 · courts
court of appeal upholds near-maximum bankruptcy extension for thomas mcfeely the dismissed mcfeely’s against an order extending his by four years and 10 months, finding trial judge was entitled to rely on evidence serious ongoing non-cooperation. [2017] ieca 21 has leaving in place a discharge date
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Courts Service · 2017-02-02 · courts
high court orders widow to pay son €564,065.66 over lottery jackpot the found six ticket signatories formed a syndicate and that was entitled one-sixth share. it dismissed widow’s counterclaim house transferred him. [2017] iehc 181 ordered mary walsh david from €3,389,794 national prize, finding he
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Courts Service · 2017-02-02 · courts
supreme court dismisses appeal over solicitor negligence claim for worry and stress the held that amended was statute-barred damages were not recoverable without psychiatric illness. it declined to create a new exception contract claims. has dismissed martin murray’s in dispute against solicitors wh
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Courts Service · 2017-02-02 · courts
high court refuses costellos’ bid for jury trial in garda damages action the held that pleaded claims fell outside statutory exceptions allowing a and, alternatively, found plaintiffs had not shown an error or adequately explained delay applying. [2017] iehc 112 has refused stephen and karen costell
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Courts Service · 2017-02-02 · courts
court of appeal dismisses challenge to receiver’s appointment over dublin properties the found ebs remained lender and that deeds were validly executed. it did not decide whether appellant had standing appointment. [2017] ieca 14 dismissed an by y.w. concerning a receiver in dublin, finding entitled
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Courts Service · 2017-02-02 · courts
high court sets aside leave to challenge grousemount grid declarations after delay the ruled that peter sweetman could continue his wind farm’s planning approval, but not challenges two earlier connection or lawfulness of section 5. [2017] iehc 46 court, commercial set part sweetman’s permission bri
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Courts Service · 2017-02-02 · courts
high court refuses director restriction application against two respondents the declined to extend time for an second respondent and refused declaration sought first, finding he had acted honestly responsibly. [2017] iehc 87 has a liquidator’s restrict from acting as company directors or secretaries
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Courts Service · 2017-02-02 · courts
court of appeal dismisses newspaper’s over €85,000 defamation award the rejected arguments that jury’s verdict was inconsistent and trial procedure prevented a truth defence, leaving damages intact. [2017] ieca 15 has dismissed an by sunday newspapers ltd., editor colm mcginty reporter mick mccaffre
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Courts Service · 2017-02-01 · courts
district court excludes some child statements and declines further welfare report the admitted most of hearsay offered by kinship foster carers, but said they carried little weight. carers then withdrew their application. [2017] iedc 03 that a seven-year-old had made, excluded prompted leading quest
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Courts Service · 2017-02-01 · courts
high court dismisses claim over sale of white family property a beneficiary alleged that the estate’s administrators failed to secure best price. found no breach duty and proven loss. [2017] iehc 44 dismissed beneficiary’s estate emily obtain price when selling two properties. mr justice richard hum
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Courts Service · 2017-02-01 · courts
court of appeal dismisses bid to strike out €9.7m london development claim the held that d & l properties’ was not bound fail at this stage, while leaving disputed questions about alleged loan and statute frauds for further proceedings. [2017] ieca 11 has dismissed yolanda limited’s against a high r
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Courts Service · 2017-02-01 · courts
supreme court rejects gilligan appeals over property forfeiture orders the refused to reopen its 2008 judgment and dismissed against high decisions that rejected challenges asset freezing ordered properties transferred state. of ireland has by john members his family later transferring under proceed
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