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Courts Service · 2017-05-31 · courts

High Court sets aside renewal of Wexford patient’s personal injuries summons

high court sets aside renewal of wexford patient’s personal injuries summons the found no good reason for delay in serving summons, which had expired october 2014. it set an earlier order renewing it. has catherine whelan’s against health service executive (hse) and elizabeth dunn, finding that evid

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Courts Service · 2017-05-31 · courts

High Court dismisses bid to reopen cattle mart dispute over alleged judicial bias

high court dismisses bid to reopen cattle mart dispute over alleged judicial bias the said it had no basis set aside earlier judgments, including of appeal’s final decision. also found admissible evidence an pre-trial discussion between judge and plaintiff’s solicitor. [2017] iehc 351 has dismissed

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Courts Service · 2017-05-31 · courts

High Court dismisses challenge to Oweninny wind farm approval and refuses appeal certificate

high court dismisses challenge to oweninny wind farm approval and refuses appeal certificate the set aside an earlier order granting leave after finding application was made outside statutory period refusing extension because grounds were not arguable. court, commercial, judicial review has dismisse

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Courts Service · 2017-05-31 · courts

High Court dismisses cyclist’s claim over Crumlin Road collision

high court dismisses cyclist’s claim over crumlin road collision the found failure to yield and keep a lookout predominantly caused crash, made no finding of negligence against driver. [2017] iehc 390 has dismissed peter duffy’s action patrick lyons 2014 between electric bicycle lyons’s car at junct

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Courts Service · 2017-05-31 · courts

High Court dismisses judicial review over Tús participant’s dismissal

high court dismisses judicial review over tús participant’s dismissal the held that decision belonged to implementing partnership, not minister for social protection, and was a private law dispute outside review. [2017] iehc 361 dismissed application by tonya martin her from community work placement

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Courts Service · 2017-05-31 · courts

Court of Appeal upholds dismissal of assault claim after prolonged delay

court of appeal upholds dismissal assault claim after prolonged delay the rejected brian flynn’s appeal, finding that balance justice supported dismissing his proceedings against state defendants inordinate and inexcusable delay. [2017] ieca 178 has dismissed a high order striking out civil minister

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Courts Service · 2017-05-30 · courts

High Court refuses interim order requiring Wicklow County Council to fund accommodation

high court refuses interim order requiring wicklow county council to fund accommodation the declined a mandatory injunction while judicial review challenge council’s homelessness decision remains unresolved, and directed steps secure an early hearing. [2017] iehc 623 has refused or for mother her 14

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Courts Service · 2017-05-30 · courts

Supreme Court rules quarry yard extension was not exempt from planning permission

supreme court rules quarry yard extension was not exempt from planning permission the allowed an bord pleanála’s appeal, holding that high had misinterpreted exemption for works to existing structures. certified appeal concerned alone, whether block-making a material change of use. has in dispute ov

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Courts Service · 2017-05-30 · courts

High Court restricts future proceedings by Dona Sfar and awards costs

high court restricts future proceedings by dona sfar and awards costs in a post-judgment hearing, the made leave requirements for certain new ordered against after dismissing her animal seizure challenges 2016. [2017] iehc 368 has restricted from bringing legal without prior to pay of two unsuccessf

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Courts Service · 2017-05-30 · courts

Supreme Court judge would find indefinite asylum seeker work ban unconstitutional

supreme court judge would find indefinite asylum seeker work ban unconstitutional in a judgment delivered on 30 may 2017, o’donnell j. concluded that the absolute prohibition seeking could not be justified where process had no time limit. he proposed adjourning question of an order for six months fu

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Courts Service · 2017-05-29 · courts

Supreme Court judge would dismiss CCPC appeal over Irish Cement data search

supreme court judge would dismiss ccpc appeal over irish cement data search justice john macmenamin proposed dismissing the ccpc’s and barring it from examining material taken in a 2015 search. supplied judgment is his disposition; does not establish final order of court. competition consumer protec

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Courts Service · 2017-05-29 · courts

Supreme Court upheld ruling but set out a path for reviewing copied cement emails

supreme court upheld ruling but set out a path for reviewing copied cement emails the said competition regulator could examine under warrant off site, while suggesting targeted process to identify private material and destroy found irrelevant. [2017] iesc 34 high order that had barred consumer prote

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Courts Service · 2017-05-29 · courts

Supreme Court upholds privacy protection over Commission’s seized emails

supreme court upholds privacy protection over commission’s seized emails the dismissed competition and consumer appeal on a narrow article 8 issue, affirming orders that barred review of electronic material outside search warrant’s scope. has against protecting during an inspection at irish cement l

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Courts Service · 2017-05-26 · courts

High Court grants NALM summary judgment on £9m guarantee claim

high court grants nalm summary judgment on £9m guarantee claim the ruled that michael breslin had raised no arguable defence to national asset loan management dac’s under a for car park solutions ltd’s debts. [2017] iehc 350 granted dac against £9,048,360.41 sterling, with interest, linked loans ltd

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Courts Service · 2017-05-26 · courts

High Court adjourns challenge to refusal of enhanced remission

high court adjourns challenge to refusal of enhanced remission the said further evidence may be needed about a garda report and applicant’s criminal history before it can decide judicial review. [2017] iehc 422 adjourned review remission, giving minister for justice equality opportunity file affidav

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Courts Service · 2017-05-26 · courts

High Court grants AIB summary judgment on €150,000-capped guarantee

high court grants aib summary judgment on €150,000-capped guarantee the found no arguable defence to aib’s claim against two former powerhaus directors, who had jointly and severally guaranteed company’s debts. [2017] iehc 316 granted allied irish banks plc anthony burke patrick cusack, ruling that

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Courts Service · 2017-05-26 · courts

High Court quashes decision to send theft case for trial on indictment

high court quashes decision to send theft case for trial on indictment the held that a district judge deciding whether could be tried summarily not hear evidence of accused’s previous convictions before plea. [2017] iehc 423 quashed judge’s refuse summary jurisdiction in after concluding consider at

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Courts Service · 2017-05-26 · courts

Court of Appeal suspends final year of eight-year sentence in child sexual offences case

court of appeal suspends final year eight-year sentence in child sexual offences case the allowed an against severity to limited extent suspending 12 months, citing early guilty plea. remaining sentences and three years post-release supervision remain place. suspended months imposed on gerry brougha

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Courts Service · 2017-05-26 · courts

Supreme Court rejects bullying claim over school disciplinary process

supreme court rejects bullying claim over school disciplinary process the found authorities handled úna ruffley unfairly, but said conduct did not meet high threshold for workplace and damages. [2017] iesc 000 that against special needs assistant was unfair mishandled, amount to bullying. it fell sh

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Courts Service · 2017-05-26 · courts

Court of Appeal sets aside High Court orders staying Patrick Kelly’s Circuit Court case

court of appeal sets aside high orders staying patrick kelly’s circuit case the ruled that lacked jurisdiction to stay pending or bar further proceedings. it did not decide underlying discrimination appeal. [2017] ieca 161 has allowed and set a order permanently stayed his proceedings restricted him

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Courts Service · 2017-05-26 · courts

Supreme Court dismisses school worker’s bullying appeal over flawed disciplinary process

supreme court dismisses school worker’s bullying appeal over flawed disciplinary process the said school’s procedures were inadequate, but conduct established in high did not meet legal test for workplace bullying. consequential orders, including costs and repayment of money paid under a stay, remai

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Courts Service · 2017-05-26 · courts

High Court refuses injunction and dismisses challenge to proposed AIB share sale

high court refuses injunction and dismisses challenge to proposed aib share sale mr justice paul gilligan refused vincent o’donoghue’s request restrain a possible of part the state’s shareholding, then dismissed his claims against bank state defendants. [2017] iehc 344 an sought by o’donoghue stop s

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Courts Service · 2017-05-26 · courts

High Court refuses father’s request to return three children to Pakistan

high court refuses father’s request to return three children pakistan the found were habitually resident in when they left, but refused a order after assessing their welfare and objections. [2017] iehc 342 has an application from ireland pakistan, finding that was best served by remaining with mothe

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Courts Service · 2017-05-26 · courts

Court of Appeal dismisses challenge to seven-year assault sentence

court of appeal dismisses challenge to seven-year assault sentence the found was within sentencing judge’s discretion after a knife attack on co-tenant, and said no error principle had been established. has dismissed an against prison imposed for causing harm, finding term that paul l’estrange plead

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Courts Service · 2017-05-26 · courts

High Court awards Brian Nolan €310,000 over Sunday World defamation

high court awards brian nolan €310,000 over sunday world defamation [2017] iehc 367 the has awarded former kildare footballer in damages two publications which falsely portrayed him as a major organiser of sex parties and linked with commercial trade. first article appeared july 2012. it used photog

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Courts Service · 2017-05-26 · courts

High Court dismisses Hanrahans’ claims over illegal dump on their Laois lands

high court dismisses hanrahans’ claims over illegal dump on their laois lands the found greyhound was producer of waste, but ruled landowners could not obtain relief they sought in this action after finding knew and authorised dumping. [2017] iehc 331 ireland dismissed geraldine colm hanrahan’s agai

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Courts Service · 2017-05-25 · courts

High Court orders woman committed over refusal to leave family home, with order stayed until June

high court orders woman committed over refusal to leave family home, with order stayed until june the found a continuous and wilful comply vacate home due be sold. committal was 15 2017. [2017] iehc 340 court; circuit appeal ordered attached prison she purges her contempt after finding had wilfully

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Courts Service · 2017-05-25 · courts

Supreme Court rules MIBI agreement does not cover claims against drivers insured by insolvent companies

supreme court rules mibi agreement does not cover claims against drivers insured by insolvent companies the allowed motor insurers’ bureau of ireland’s appeal, holding that its 2009 covers a limited class claims, arising from an insurer’s insolvency. [2017] iesc stated in supplied source has appeal

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Courts Service · 2017-05-25 · courts

Court of Appeal dismisses Morrissey’s appeals in debt and loan-transfer dispute

court of appeal dismisses morrissey’s appeals in debt and loan-transfer dispute the upheld earlier rulings allowing lsref iii stone investments to pursue a claim, while rejecting challenges based on anglo’s conduct, interest overcharging constitutionality section 12. [2017] ieca 162 has dismissed jo

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Courts Service · 2017-05-25 · courts

High Court awards €80,000 to soldier injured in first parachute jump

high court awards €80,000 to soldier injured in first parachute jump the found that failures provide lateral-drift training and an effective talk-down system amounted negligence. it rejected contributory negligence ordered general damages. [2017] iehc 339 has state defendants pay a serving defence f

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Courts Service · 2017-05-25 · courts

Supreme Court judge would dismiss MIBI appeal over insurer insolvency liability

supreme court judge would dismiss mibi appeal over insurer insolvency liability justice john macmenamin said the 2009 agreement made motor insurers’ bureau of ireland liable in circumstances at issue, and uphold lower courts’ decisions. his judgment records own view, not a unanimous outcome. ireland

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Courts Service · 2017-05-25 · courts

Court of Appeal rejects William Jones’s bid to undo restrictions on book distribution

court of appeal rejects william jones’s bid to undo restrictions on book distribution the upheld refusal interim injunctions against coolmore stud, holding that it could notify booksellers its defamation concerns before any ruling book. [2017] ieca 164 has high court’s order stud withdraw letters di

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Courts Service · 2017-05-25 · courts

Supreme Court dismisses MIBI appeal over claims involving insolvent Setanta

supreme court dismisses mibi appeal over claims involving insolvent setanta the held that 2009 agreement generally covers against drivers insured by setanta, subject to relevant conditions being met. has dismissed an motor insurers’ bureau of ireland (mibi), holding its requires it cover insurance w

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Courts Service · 2017-05-25 · courts

Court of Appeal dismisses appeal over two deception convictions

court of appeal dismisses over two deception convictions the ruled that jury should decide whether catherine callanan intended vec to pay for services without reimbursement. has dismissed callanan’s against her obtaining by deception, leaving in place jury’s verdicts on counts. decided evidence rais

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Courts Service · 2017-05-25 · courts

Supreme Court allows appeal over Fingal’s case concerning boat habitation

supreme court allows appeal over fingal’s case concerning boat habitation the said fingal county council had not technically proved that vessel was on foreshore or within its functional area, and proposed discharging high order. allowed shane kennedy’s discharged a order in proceedings brought by po

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Courts Service · 2017-05-25 · courts

Court of Appeal reduces sentence for sexual assault after finding prior good character was not credited

court of appeal reduces sentence for sexual assault after finding prior good character was not credited the dismissed against assessment offence’s gravity but partly allowed on mitigation, replacing six-year with five years in custody and one year suspended. thomas walsh’s his assault, that sentenci

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Courts Service · 2017-05-25 · courts

Supreme Court dismisses CAB tax recovery proceedings over officer’s authority to sue

supreme court dismisses cab tax recovery proceedings over officer’s authority to sue the allowed j.mcn.’s appeal because evidence did not establish that revenue bureau officer bringing claim in cab’s name was authorised his own name. it decide other grounds of or whether assessments were correct. an

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Courts Service · 2017-05-25 · courts

Court of Appeal upholds costs arrangement after receiver’s appeal

court of appeal upholds costs arrangement after receiver’s the dismissed appeal, leaving in place an order that each side bear its own plaintiffs withdrew some claims and discontinued others. [2017] ieca 163 appeal; high (haughton j.) is below has by receiver michael mcateer over brought against him

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Courts Service · 2017-05-24 · courts

High Court refuses appeal certificate in asylum standard of proof case

high court refuses appeal certificate in asylum standard of proof case the found no conflict decisions and said applicant had not shown a point exceptional public importance warranting an appeal. [2017] iehc 330 refused applicant’s request for to judicial review decision about used assessments. appl

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Courts Service · 2017-05-24 · courts

High Court refuses leave to appeal in asylum-protection reasons case

high court refuses leave to appeal in asylum-protection reasons case the declined certify a proposed appeal, finding no qualifying point of exceptional public importance and sufficient interest further on issue. [2017] iehc 329 has refused an applicant over given for refusing permission make protect

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Courts Service · 2017-05-24 · courts

Supreme Court dismisses appeal over Leaving Certificate notation for dyslexia waiver

supreme court dismisses appeal over leaving certificate notation for dyslexia waiver the agreed that attaching a to an examination did not breach equal status act. one judge cautioned separate procedural claim had been argued or decided. dismissed kim cahill’s attached her after she received from gr

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Courts Service · 2017-05-24 · courts

Supreme Court dismisses appeal over Leaving Certificate disability annotation

supreme court dismisses appeal over leaving certificate disability annotation the found that a spelling and grammar waiver accompanied by an explanatory note was reasonable accommodation under equal status act. it did not decide general effect of separate statutory exemption. has dismissed kim cahil

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Courts Service · 2017-05-24 · courts

Supreme Court proposed lifting order restricting solicitor’s disciplinary complainant

supreme court proposed lifting order restricting solicitor’s disciplinary complainant the dismissing most of an appeal as moot after solicitor died, while allowing against isaac wunder that restricted further proceedings without high leave. was stayed for 21 days to allow representatives seek a hear

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Courts Service · 2017-05-24 · courts

High Court says Mauritius student was a settled migrant while her permission lasted

high court says mauritius student was a settled migrant while her permission lasted the ruling addressed only status during nearly five years of permission. did not decide whether to quash deportation order. [2017] iehc 326 held that woman from “settled migrant” in ireland she december 2007 septembe

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Courts Service · 2017-05-24 · courts

Supreme Court dismisses appeal over Leaving Certificate annotations

supreme court dismisses appeal over leaving certificate annotations the upheld earlier decisions that did not amount to unlawful direct discrimination, while correcting their interpretation of one statutory provision. has dismissed kim cahill’s on her 2001 certificate, upholding discrimination under

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Courts Service · 2017-05-23 · courts

Court of Appeal advances release date in unusual sentence appeal

court of appeal advances release date in unusual sentence the moved a man’s from 13 september to 16 june 2017 allow plan be prepared, while leaving existing conditions place. 259/16 advanced by nearly three months after considering his against conviction and sentence. it left intact, saying could id

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Courts Service · 2017-05-23 · courts

Appeal court gives Mary Walsh leave to defend ACC Bank loan claim at full hearing

appeal court gives mary walsh leave to defend acc bank loan claim at full hearing the of found had an arguable defence based on alleged undue influence and disputed documents. it directed a plenary limited grounds, without deciding whether will succeed. [2017] ieca 166 has allowed walsh’s against su

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Courts Service · 2017-05-23 · courts

Supreme Court judge flags policy questions over third-party litigation funding

supreme court judge flags policy questions over third-party litigation funding in brief observations an appeal judgment, mr justice john macmenamin discussed unresolved issues around maintenance, champerty and funding. he agreed with the chief justice’s judgment; this extract does not state court’s

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Courts Service · 2017-05-23 · courts

Supreme Court dismisses appeal in litigation funding case

supreme court dismisses appeal in litigation funding case justice dunne agreed with the decision to dismiss appeal, while leaving unresolved whether champerty and maintenance remain prosecutable criminal offences. dismissed an concerning third-party funding, agreeing judgment of chief denham adding

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Courts Service · 2017-05-23 · courts

Supreme Court leaves third-party funding reform to Government and Oireachtas

supreme court leaves third-party funding reform to government and oireachtas in a concurring judgment, mr justice clarke backed the dismissal of an appeal seeking change law on champerty, while raising questions about practical access that he said required further evidence. dismissed by persona digi

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Courts Service · 2017-05-23 · courts

Supreme Court rejects litigation funding agreement in Persona appeal

supreme court rejects litigation funding agreement in persona appeal the held that proposed professional was champertous and unlawful under irish law, dismissed appeal. it did not decide a constitutional challenge. an by digital telephony ltd. sigma wireless networks ltd., ruling their with funder h

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Courts Service · 2017-05-22 · courts

High Court quashes Garda Commissioner’s decision to impose resignation sanction

high court quashes garda commissioner’s decision to impose resignation sanction the found that a solicitor’s account of discussions before guilty pleas were entered established legitimate expectation about disciplinary outcome. it quashed sterner and remitted matter for reconsideration. [2017] iehc

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Courts Service · 2017-05-22 · courts

High Court refuses leave to challenge refusal of permission to remain in Ireland

high court refuses leave to challenge refusal of permission remain in ireland the said an unchallenged financial-criteria ground was sufficient sustain decision, regardless applicants’ over concerns about their marriage. [2017] iehc 321 refused bring judicial review proceedings against a decision af

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Courts Service · 2017-05-22 · courts

High Court refuses leave to challenge refusal of EU Treaty Rights retention application

high court refuses leave to challenge refusal of eu treaty rights retention application the found applicant had not shown arguable grounds on judicial separation or whether his estranged wife was in ireland when those proceedings began. [2017] iehc 323 refused an bring review challenging retain righ

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Courts Service · 2017-05-22 · courts

High Court rejects KBC appeal over Callaghans’ mortgage arrangement

high court rejects kbc appeal over callaghans’ mortgage arrangement the held that long-term warehousing is permitted under insolvency law, but found kbc’s proposed alternative unreasonable in this case and affirmed order confirming couple’s arrangement. [2017] iehc 332 on circuit; eastern circuit, c

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Courts Service · 2017-05-22 · courts

High Court sets aside order allowing second insolvency arrangement proposal

high court sets aside order allowing second insolvency arrangement proposal the ruled that mr hickey’s worsening debts and costs from an earlier failed application did not amount to a new or different for statutory exception. [2017] iehc 333 set had allowed michael hickey make personal within 12 mon

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Courts Service · 2017-05-22 · courts

High Court refuses challenge to attachment order over breach of separation terms

high court refuses challenge to attachment order over breach of separation terms the rejected a judicial review application seeking quash 2016 directing b.l. be brought before circuit family answer whether he should committed for disobeying 2008 order. [2017] iehc 328 has refused b.l.’s that attache

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Courts Service · 2017-05-22 · courts

Supreme Court refers Lipinski surrender appeal to EU court

supreme court refers lipinski surrender appeal to eu the asked of justice clarify whether an unnotified hearing that reinstated a suspended sentence engages protections for people tried in their absence. has referred european law question union concerning arkadiusz piotr lipinski’s proposed poland.

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Courts Service · 2017-05-22 · courts

Appeal court quashes Cork indecent assault conviction over jury warning

appeal court quashes cork indecent assault conviction over jury warning the of ruled that trial judge applied wrong principles when deciding not to give a corroboration warning. it quashed and said would hear submissions on whether order retrial. has t. o’d for indecently assaulting pupil at boardin

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Courts Service · 2017-05-19 · courts

High Court grants leave to challenge refusal of Nigerian mother’s residence application

high court grants leave to challenge refusal of nigerian mother’s residence application the allowed a judicial review proceed on two grounds concerning humanitarian circumstances and reasons for refusal. it refused separate constitutional article 8 ground. [2017] iehc 382 has granted seek minister j

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Courts Service · 2017-05-19 · courts

High Court grants leave for judicial review but refuses all substantive relief

high court grants leave for judicial review but refuses all substantive relief the rejected challenges concerning a safety order and related family proceedings, finding district acted within jurisdiction when it refused cross-examination at variation hearing. [2017] iehc 327 granted r. k. a. to brin

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Courts Service · 2017-05-19 · courts

High Court awards Revenue €210,845.34 in unpaid VAT claim

high court awards revenue €210,845.34 in unpaid vat claim the granted final judgment after finding that an unappealed assessment left no valid defence to summary claim. [2017] iehc 317 commissioners for and interest against james joseph daly a dispute over july december 2012. delivered on 19 may 201

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Courts Service · 2017-05-19 · courts

High Court orders William Loughnane to pay defendants’ costs after finding claim was fraudulent

high court orders william loughnane to pay defendants’ costs after finding claim was fraudulent the joined company’s controller as a co-defendant for costs, following its earlier dismissal of construction over dishonesty and abuse process. [2017] iehc 319 has ordered be liable proceedings brought by

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Courts Service · 2017-05-19 · courts

High Court grants Bank of Ireland summary judgment against Ita Clarke for €122,762.71

high court grants bank of ireland summary judgment against ita clarke for €122,762.71 the found had not shown an arguable defence to bank’s claim under a €120,000 guarantee, despite acknowledged error in consumer protection code notice address. [2017] iehc 318 granted €122,762.71, comprising princip

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Courts Service · 2017-05-19 · courts

Supreme Court upholds order to demolish unauthorised Meath family home

supreme court upholds order to demolish unauthorised meath family home the dismissed michael and rose murray’s appeal against an requiring removal of their house restoration land, but allowed a further 12 months comply. has upheld murray at faughan hill, bohermeen, restore while granting them in jud

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Courts Service · 2017-05-19 · courts

High Court orders discovery in Skellig Michael boat-licence challenge

high court orders discovery in skellig michael boat-licence challenge the ordered minister to disclose three categories of documents but refused sean murphy’s application cross-examine a departmental witness at this stage. [2017] iehc 315 has judicial review by passenger-boat operator (otherwise sea

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Courts Service · 2017-05-18 · courts

Supreme Court dismisses appeal in civil abuse case over prolonged delay

supreme court dismisses appeal in civil abuse case over prolonged delay the upheld of appeal’s decision to set aside a €493,037.47 jury award, finding that lengthy, unexplained materially impaired defendant’s ability present his case. mcnamee v. boyce [2017] iesc that'll has dismissed caroline mcnam

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Courts Service · 2017-05-18 · courts

High Court dismisses Castlerea prisoner’s habeas corpus application

high court dismisses castlerea prisoner’s habeas corpus application the found complaints raised did not justify an inquiry into lawfulness of detention under article 40.4.2. [2017] iehc 343 dismissed stephen manning’s for his in prison, finding that grounds he relief 40.4.2 constitution. mr written

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Courts Service · 2017-05-18 · courts

High Court sets conditions for injunction over London property dispute

high court sets conditions for injunction over london property dispute justice robert haughton found a fair question trial and said an should issue only if the owner gave further sworn undertakings. judgment records that application was adjourned to allow him consider them. [2017] iehc 309 court, co

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Courts Service · 2017-05-18 · courts

High Court finds Wood Products directors unfit, defers decision on ban length

high court finds wood products directors unfit, defers decision on ban length the found both unfit to manage a company after insolvent business continued trading and failed meet filing obligations. it made no final order duration of disqualification at this stage. [2017] iehc 314 court, commercial t

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Courts Service · 2017-05-18 · courts

Court of Appeal cuts assault sentence to two years and three months

court of appeal cuts assault sentence to two years and three months the quashed a four-year term after finding errors in how sentencing judge set starting point treated aggravating factors, then resentenced appellant. reduced michael lyons’s for causing serious harm from four months, original approa

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Courts Service · 2017-05-17 · courts

Court of Appeal upholds strike-out of daughter’s claims over land and loan dispute

court of appeal upholds strike-out daughter’s claims over land and loan dispute the found no reasonable prospect success in against a receiver, credit institution solicitors’ firm, including allegations tied to disputed 2007 letter claimed leases. [2017] ieca 167 appeal; judgment refers prior high p

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Courts Service · 2017-05-17 · courts

High Court dismisses third habeas corpus application over same detention

high court dismisses third habeas corpus application over same detention the dismissed on a procedural ground because another concerning was still under consideration by different judge. [2017] iehc 348 seeking an inquiry into dr stephen manning’s detention, ruling that further could not proceed whi

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Courts Service · 2017-05-17 · courts

Court of Appeal upholds strike-out of June Smith’s claims against lender, receiver and others

court of appeal upholds strike-out june smith’s claims against lender, receiver and others the dismissed ms appeals, finding either an impermissible collateral attack on earlier judgment or bound to fail. [2017] ieca 168 has upheld decisions striking out proceedings a receiver, acc loan management l

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Courts Service · 2017-05-17 · courts

High Court lifts stay on receiver over Knocklofty property

high court lifts stay on receiver over knocklofty property the found that promontoria (aran) limited had shown, balance of probabilities, it acquired ulster bank’s interests in denis english’s loans and mortgage. [2017] iehc 322 has lifted a prevented appointment mortgaged at knocklofty, county tipp

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Courts Service · 2017-05-16 · courts

High Court rejects challenge to receivers’ authority over six properties

high court rejects challenge to receivers’ authority over six properties the found that receivers remained lawfully appointed after loan transfer and borrower had obstructed their work. it said appeared entitled relief sought, but deferred making final orders. [2017] iehc 455 has rejected francis da

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Courts Service · 2017-05-16 · courts

High Court refuses bid to strike paragraphs from defamation claim

high court refuses bid to strike paragraphs from defamation claim the ruled that challenged material could help place an allegedly defamatory letter in context and might be relevant if plaintiff had prove actual malice. [2017] iehc 436 has refused application by national college ireland clg, trading

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Courts Service · 2017-05-15 · courts

Court of Appeal finds HSE breached nursing director’s contract by reassigning her

court of appeal finds hse breached nursing director’s contract by reassigning her the allowed helen earley’s and declared that july 2015 reassignment from clinical operational duties employment contract. it invited further submissions on whether any additional relief was appropriate. [2017] ieca 158

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Courts Service · 2017-05-15 · courts

High Court says stay on Castletownmoor wind farm decision had already ended

high court says stay on castletownmoor wind farm decision had already ended the held that an earlier order allowed bord pleanála to decide planning application after of appeal’s ruling. it said a later request lift was moot, while explaining would have lifted if remained in force. [2017] iehc 312 co

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Courts Service · 2017-05-15 · courts

High Court refuses discovery application before deciding summary judgment claim

high court refuses discovery application before deciding summary judgment claim the said would arise only if a defence first prevented in €671,097.44 loan claim. [2017] iehc 304 refused oliver and margaret kelly’s for while over two facilities remained to be decided. mr justice eagar found that defe

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Courts Service · 2017-05-12 · courts

High Court dismisses wind farm challenge against State defendants

high court dismisses wind farm challenge against state defendants the struck out proceedings ireland and attorney general, finding that applicants sought no relief from them. wider judicial review of planning decision was not determined by this motion. [2017] iehc 311 has dismissed a applicants’ ple

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Courts Service · 2017-05-12 · courts

High Court refuses bid to set aside arbitration award over Blackrock Hall leases

high court refuses bid to set aside arbitration award over blackrock hall leases the found applicant had proper notice and an opportunity participate, that arbitrator gave adequate reasons for award. [2017] iehc 301 has refused application by fergus hoban arbitral arising from guarantees connected t

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Courts Service · 2017-05-12 · courts

High Court grants AIB summary judgment in €1.47m loan dispute

high court grants aib summary judgment in €1.47m loan dispute the rejected borrowers’ arguments that they had a defence to bank’s claims, but declined stay while €57,857.67 interest overcharge claim is pursued. [2017] iehc 363 granted allied irish banks plc against two borrowers and on guarantees, a

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Courts Service · 2017-05-12 · courts

High Court finds Wicklow council liable in principle for historic dumping at Whitestown

high court finds wicklow council liable in principle for historic dumping at whitestown a judge found that the dumped least 38,800 tonnes of waste site and identified two breaches eu environmental law. whether further relief is warranted remains next stage case. [2017] iehc 397 has county under legi

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Courts Service · 2017-05-12 · courts

Court of Appeal reduces manslaughter sentence to five years, suspends final year

court of appeal reduces manslaughter sentence to five years, suspends final year the found that sentencing judge gave too much weight a previous assault conviction. it reduced headline from seven with suspended. charles hutchinson’s for years suspending 12 months two after his release. said had made

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Courts Service · 2017-05-12 · courts

Limerick court upholds contested will after rejecting forgery claim

limerick court upholds contested will after rejecting forgery claim the circuit found defendants had not rebutted presumption that was duly executed, admitted it to probate and dismissed their counterclaim. [2017] iecc 1 court, south western circuit, limerick, county in has upheld conor o’donnell’s

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Courts Service · 2017-05-12 · courts

High Court stays truck cartel proceedings against Lombard pending about €4,000 in costs

high court stays truck cartel proceedings against lombard pending about €4,000 in costs the stay applies to claim first-named defendant until lenaghan international transport pays from an earlier discontinued action. [2017] iehc 298 has stayed ireland limited of action it discontinued. were €4,000,

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Courts Service · 2017-05-12 · courts

Court of Appeal dismisses challenge over failed Pod lease settlement

court of appeal dismisses challenge over failed pod lease settlement the upheld high court’s decision to award john reynolds damages instead ordering completion a 20-year lease, finding evidence did not justify overturning trial judge’s findings. [2017] ieca 157 {'name': 'court appeal', 'jurisdictio

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Courts Service · 2017-05-12 · courts

Court of Appeal rejects Dunnes Stores’ discovery appeals in Point Village dispute

court of appeal rejects dunnes stores’ discovery appeals in point village dispute the concerned evidence an ongoing contract case, not whether stores must release €15 million under settlement agreement. [2017] ieca 159 has dismissed two by over access to documents its with development limited (pvdl)

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Courts Service · 2017-05-12 · courts

Court of Appeal dismisses burglary sentence appeal but changes conditions

court of appeal dismisses burglary sentence but changes conditions the upheld concurrent five-year sentences, with final two years suspended, and revised governing donal lee’s residence entry to laytown bettystown. dismissed against severity sentences for three burglaries, changed attached suspended

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Courts Service · 2017-05-12 · courts

Court of Appeal dismisses appeal against drug sentence

court of appeal dismisses against drug sentence a man’s five-year sentences, with the final 18 months suspended on each count, were not unduly harsh, ruled. appeal; dublin circuit criminal (court conviction and sentence) has dismissed fergal berkery’s severity two prison sentences for possessing can

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Courts Service · 2017-05-12 · courts

High Court sends AIB guarantee claim against anonymised defendant to plenary hearing

high court sends aib guarantee claim against anonymised defendant to plenary hearing the declined grant summary judgment, finding it was not clear had no arguable case over an alleged promise made by bank. [2017] iehc 299 has allied irish banks plc’s application for judgment a €65,000 personal guara

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Courts Service · 2017-05-12 · courts

High Court orders halt to unauthorised hotel-side road works near Enniscrone

high court orders halt to unauthorised hotel-side road works near enniscrone the found that a new access route r297 and its hard standing lacked planning permission. it directed landowners stop restore standing, while leaving fence foundations in place. [2017] iehc 381 has three respondents work on

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Courts Service · 2017-05-12 · courts

High Court refuses certificate for appeal in Meath planning case

high court refuses certificate for appeal in meath planning case the said none of three proposed legal questions arose from its earlier decision, so it declined to certify an under law. [2017] iehc 297 has refused michael ryan’s application a that would allow him judgment involving county council an

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Courts Service · 2017-05-12 · courts

Finance company held liable after terminated lease driver crashed van

finance company held liable after terminated lease driver crashed van the high court found that permanent tsb remained vehicle’s owner and had allowed to keep using it terminating lease. [2017] iehc 306 has ordered a limited pay €75,000 jointly severally man injured in 2004 road crash. van’s consent

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Courts Service · 2017-05-12 · courts

Court of Appeal replaces four-year burglary sentence with partly suspended term

court of appeal replaces four-year burglary sentence with partly suspended term the quashed a for two burglaries and imposed one year three years, subject to rehabilitation probation conditions. has on alan judge in ashbourne resentenced him four years conditions including continued engagement drug

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Courts Service · 2017-05-12 · courts

Court of Appeal dismisses Donal Connaughton’s appeal over jury-misconduct claim

court of appeal dismisses donal connaughton’s over jury-misconduct claim the said it had no doubt that convictions were safe, citing audio recording incident and trial judge’s view jury’s verdicts. dismissed against for threats to kill, assault causing harm, false imprisonment criminal damage, rulin

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Courts Service · 2017-05-11 · courts

Court of Appeal dismisses appeal against rape and assault convictions

court of appeal dismisses against rape and assault convictions the rejected three challenges to trial judge’s decisions, leaving undisturbed. concerned conviction only; 13-year sentence was not addressed in this judgment. has dismissed robert keogh’s his for two counts rape, under section 4, causing

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Courts Service · 2017-05-11 · courts

Court of Appeal dismisses appeal against five-year attempted robbery sentence

court of appeal dismisses against five-year attempted robbery sentence the found no error principle in imposed after a taxi driver was threatened with knife during an robbery. has dismissed gary riordan’s severity his for attempting to rob knife, finding by sentencing judge. riordan pleaded guilty f

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Courts Service · 2017-05-11 · courts

High Court dismisses Dunnes Stores worker’s claim over checkout chair injury

high court dismisses dunnes stores worker’s claim over checkout chair injury the found was not defective and finger-entrapment accident reasonably foreseeable. it dismissed case. [2017] iehc 305 has a sales assistant’s personal against an at its kilkenny city store, finding incident worker injured o

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Courts Service · 2017-05-11 · courts

High Court bars further wind farm grid works pending planning assessment

high court bars further wind farm grid works pending planning assessment the found that underground cable could not be treated as exempt development because they formed part of a project requiring environmental assessment. it ordered to stop, but did require removal already laid. [2017] iehc 308 has

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Courts Service · 2017-05-10 · courts

High Court refuses leave to challenge assault prosecution summons

high court refuses leave to challenge assault prosecution summons frank ward argued that the was late and defective. refused seek judicial review, finding respondents’ legal arguments sound. [2017] iehc 291 review aimed at stopping a for an alleged assault, decision did not determine whether occurre

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Courts Service · 2017-05-10 · courts

Court of Appeal allows AIB appeal over access to two Palaceanne apartments

court of appeal allows aib over access to two palaceanne apartments the held that a 2009 conveyance preserved rights attached mortgaged apartments. it also said an right would arise by necessity or implication, but left costs for later consideration. [2017] ieca 141 has allowed allied irish bank’s i

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Courts Service · 2017-05-10 · courts

High Court refuses bid to halt Water Services Act prosecutions

high court refuses bid to halt water services act prosecutions the held that dpp retained power prosecute summary offences and said a separate challenge one charge should first be considered by trial court. [2017] iehc 277 refused two applications prohibit for alleged under 2007, ruling director of

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Courts Service · 2017-05-10 · courts

High Court quashes refusal to revoke deportation order after Kenya risk assessment found inadequate

high court quashes refusal to revoke deportation order after kenya risk assessment found inadequate the that officials had not properly assessed of article 3 ill-treatment applicant as a somali in kenya. it did decide he met threshold or rule on whether would return him somalia. [2017] iehc 380 has

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Courts Service · 2017-05-10 · courts

High Court refuses bid to withdraw European enforcement certificate for Portuguese workers’ costs

high court refuses bid to withdraw european enforcement certificate for portuguese workers’ costs the upheld master’s authority issue and rejected employers’ challenge of arising from a settled wage claim. [2017] iehc 443 has refused three companies’ application order covering awarded ten workers af

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Courts Service · 2017-05-10 · courts

Court of Appeal dismisses Butlers’ challenge to non-suit in solicitor claim

court of appeal dismisses butlers’ challenge to non-suit in solicitor claim the upheld high court’s dismissal brothers’ claims after their evidence, finding no appealable error ruling that case had not made out a prima facie case. [2017] ieca 149 has dismissed michael and william butler’s appeals ag

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Courts Service · 2017-05-10 · courts

High Court refuses habeas corpus relief to Limerick Prison detainee

high court refuses habeas corpus relief to limerick prison detainee mr justice eagar held that judicial review was the more appropriate route for darren o’halloran’s complaints about his detention and refused under article 40. [2017] iehc 290 o’halloran, ruling treatment in should be pursued through

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Courts Service · 2017-05-10 · courts

High Court dismisses boy’s claim over knee injury at Longford government offices

high court dismisses boy’s claim over knee injury at longford government offices the was not satisfied on balance of probabilities that defendants owed or breached a duty, alleged breach caused injury. [2017] iehc 336 dismissed personal injuries action brought by michael ward, minor, sustained when

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Courts Service · 2017-05-09 · courts

High Court dismisses challenges over evidence disclosure before Garda interviews

high court dismisses challenges over evidence disclosure before garda interviews the rejected two judicial review applications seeking declarations on suspects’ access to questioning, finding that detention complaints were moot and requested rulings hypothetical. [2017] iehc 279 dismissed brought by

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Courts Service · 2017-05-09 · courts

Court of Appeal reduces rape sentence from seven and a half years to six

court of appeal reduces rape sentence from seven and a half years to six the quashed original after finding significant error principle in how sentencing judge assessed explained mitigation discount, then resentenced appellant years. reduced j.d.’s for years, that had not made clear much weight she

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Courts Service · 2017-05-09 · courts

District Court finds Ireland had jurisdiction over child care case

district court finds ireland had jurisdiction over child care case the ruled that a acquired habitual residence in by time tusla brought interim proceedings, while leaving substantive and custody issues for later hearing. [2017] iedc 9 an chúirt dúiche / to hear proceedings concerning who been from

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Courts Service · 2017-05-09 · courts

Court of Appeal dismisses appeal against four-year sentence for Kildalkey robbery

court of appeal dismisses against four-year sentence for kildalkey robbery the found no sentencing error after hearing an focused on suspending part term. it said was within judge’s discretion. has dismissed by jason doyle a prison at shop in kildalkey, co meath, and possession imitation firearm wit

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Courts Service · 2017-05-09 · courts

High Court dismisses claim over M7 hailstorm crash

high court dismisses claim over m7 hailstorm crash the found defendant was not negligent, accepting evidence that she turned onto hard shoulder to avoid plaintiff’s skidding car. [2017] iehc 289 has dismissed caitrin cooke’s action against catriona hackett a 2013 collision on during severe hailstorm

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Courts Service · 2017-05-09 · courts

High Court refuses inquiry into Morrissey’s detention

high court refuses inquiry into morrissey’s detention the said challenges to his trial should have been raised in of criminal appeal and refused direct an legality imprisonment. [2017] iehc 296 walter detention, ruling that issues he about brought before appeal. a judgment delivered on 9 may 2017, m

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Courts Service · 2017-05-09 · courts

Court of Appeal suspends final two years of sentence for BM

court of appeal suspends final two years sentence for bm the kept seven-year sexual assault but increased suspended portion after finding sentencing judge had not made clear what weight was given to compensation. left bm’s in place its years, rather than year by circuit court. it also ordered 12 mon

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Courts Service · 2017-05-09 · courts

High Court refuses bid to restore shareholders to company register

high court refuses bid to restore shareholders company register the found had cause e-code as owner, but said beneficial ownership dispute could not be resolved in summary application. [2017] iehc 287 has refused an application by three people seeking have their shareholdings restored of park magic

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Courts Service · 2017-05-09 · courts

High Court refuses inquiry into rape sentence detention challenge

high court refuses inquiry into rape sentence detention challenge the applicant argued that a 16-year exceeded lawful maximum. held applicable maximum was life imprisonment and refused an his detention. [2017] iehc 292 has of man serving for rape, ruling available offence imprisonment. in judgment d

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Courts Service · 2017-05-09 · courts

Court of Appeal dismisses challenge to two-month stay on quarry closure

court of appeal dismisses challenge to two-month stay on quarry closure the upheld high court’s limited while shillelagh quarries’ operations were wound down, and refused any further extension. has dismissed a over granted before in aughfarrell, brittas, was required cease operations. extension stay

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Courts Service · 2017-05-09 · courts

High Court orders solicitor to retrieve title deeds handed to PTSB and return them to EBS

high court orders solicitor to retrieve title deeds handed ptsb and return them ebs the held that gerald kean remained bound by his undertaking ebs, but said it had no jurisdiction formally declare him guilty of professional misconduct. [2017] iehc 295 court, chancery has ordered tell permanent tsb

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Courts Service · 2017-05-09 · courts

High Court refuses leave to appeal in judicial review case involving Nigerian child with sickle cell disease

high court refuses leave to appeal in judicial review case involving nigerian child with sickle cell disease the ruled that none of proposed questions met test for certification. underlying refusal seek remained place. [2017] iehc 276 refused d.e.’s application a decision refusing by minister justic

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Courts Service · 2017-05-09 · courts

High Court orders further discovery in construction materials damages case

high court orders further discovery in construction materials damages case the required james elliot to disclose specified financial and arbitration records directed three individual defendants replace their affidavits. it did not set a deadline for new [2017] iehc 278 court, commercial has ordered

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Courts Service · 2017-05-08 · courts

High Court refuses appeal certificate in deportation rights case

high court refuses appeal certificate in deportation rights case the ruled that proposed legal question did not meet statutory test for an certificate. [2017] iehc 282 has refused application by three anonymised applicants a to february 2017 ruling on article 8 case. ms justice o’regan delivered jud

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Courts Service · 2017-05-08 · courts

High Court rejects objections to surrender of Polish respondent

high court rejects objections to surrender of polish respondent the found corrected european arrest warrant valid and rejected challenges based on trial in absence, age, family life alleged abuse process. it said could make a order; supplied judgment does not record that an order was made. [2017] ie

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Courts Service · 2017-05-08 · courts

High Court refuses leave to challenge family reunification time limit

high court refuses leave to challenge family reunification time limit the held that no application was pending when 2015 act took effect, so claimed right under repealed regulations not vested. [2017] iehc 280 refused seek judicial review of a decision man longer entitled apply for four minors. had

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Courts Service · 2017-05-08 · courts

High Court appoints examiner to restaurant company despite serious tax wrongdoing

high court appoints examiner to restaurant company despite serious tax wrongdoing the appointed an rathmond ireland ltd, citing prospect of preserving a viable business and jobs, while directing that its concerns about directors be passed circuit judge examiner. [2017] iehc 273 which operates aussie

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Courts Service · 2017-05-08 · courts

High Court refuses appeal certificate over deportation-order departure dates

high court refuses appeal certificate over deportation-order departure dates ms justice o’regan refused leave to appeal, finding that the applicants had not shown uncertainty in law or why an was desirable public interest. [2017] iehc 281 has application for whether a deportation order is valid if i

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Courts Service · 2017-05-08 · courts

Court of Appeal refuses to change valuation date in Donegal Investment Group share dispute

court of appeal refuses to change valuation date in donegal investment group share dispute the refused group’s request move from 30 june 31 december 2016, holding that it had no jurisdiction amend its perfected final order. [2017] ieca 140 has an application by plc for 30% shareholding elst (no. 3),

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Courts Service · 2017-05-08 · courts

High Court refuses surrender on one of six Czech arrest warrants, allows five

high court refuses surrender on one of six czech arrest warrants, allows five the found unclear how many offences were covered by warrant and whether respondent had already been convicted or sentenced. it ordered other warrants. [2017] iehc 421 refused to miroslav sevcik republic under european find

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Courts Service · 2017-05-05 · courts

High Court quashes two committal warrants over unpaid fines

high court quashes two committal warrants over unpaid fines the ruled that (payment and recovery) act 2014 applied to warrant proceedings, though convictions predated act. [2017] iehc 271 quashed issued for patrick dooley gavin owens fines, ruling because were after came into force. mr justice eagar

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Courts Service · 2017-05-05 · courts

High Court refuses to stop retrial after jury discharged over witness contact

high court refuses to stop retrial after jury discharged over witness contact the found that accused had not shown a real risk of unavoidable unfairness, noting transcript first trial would be available at any retrial. [2017] iehc 379 has refused an application prevent rory eccles, ruling he establi

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Courts Service · 2017-05-05 · courts

Court of Appeal refuses DPP more time to challenge Meath sentences

court of appeal refuses dpp more time to challenge meath sentences the said inadvertence did not justify extending deadline seek review imposed on gavin barry. has refused director public prosecutions a two consecutive barry in circuit meath. an ex tempore judgment delivered 5 may 2017, had given su

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Courts Service · 2017-05-05 · courts

High Court refuses late bid to challenge Dublin housing decision in Moore case

high court refuses late bid to challenge dublin housing decision in moore case the declined let neil add a february 2016 decision, finding proposed amendment was out of time and would significantly change his case. existing judicial review can continue. [2017] iehc 264 has refused an application by

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Courts Service · 2017-05-05 · courts

High Court sets aside teacher’s Stage 4 disciplinary meeting after finding investigation unfair

high court sets aside teacher’s stage 4 disciplinary meeting after finding investigation unfair the held that bullying breached fair procedures because teacher could not cross-examine his accuser. it set summons to a meeting, while leaving any future decision board’s chief executive. [2017] iehc 272

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Courts Service · 2017-05-05 · courts

Court of Appeal reduces sentence for man who broke neighbour’s window

court of appeal reduces sentence for man who broke neighbour’s window the found that a two-year term criminal damage was unduly harsh, placing offence in lower range given circumstances. it quashed and imposed 15 months, backdated to 9 february 2016. has reduced man’s breaking during an attack on hi

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Courts Service · 2017-05-05 · courts

High Court refuses Cork family’s bid for housing near city hospital

high court refuses cork family’s bid for housing near city hospital the declined to order county council provide a home within applicants’ requested area, while noting that it made no finding on whether their fermoy was suitable. [2017] iehc 288 has refused judicial review application by elizabeth m

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Courts Service · 2017-05-05 · courts

High Court orders discovery in garda sergeant’s judicial review

high court orders discovery in garda sergeant’s judicial review the order covers three categories of records, with limits on scope first two. judgment addresses only; underlying disciplinary allegations remain unresolved material provided. [2017] iehc 260 has ordered commissioner to provide document

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Courts Service · 2017-05-05 · courts

High Court rejects premature challenge to unfinished ESB prosecution

high court rejects premature challenge to unfinished esb prosecution the declined judicial review because no conviction order had been made and district proceedings not concluded. [2017] iehc 263 has refused a application by simona cirpaci challenging handling of an electricity supply board networks

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Courts Service · 2017-05-05 · courts

High Court authorises solicitors to recover arbitration costs for Butler Homes

high court authorises solicitors to recover arbitration costs for butler homes the allowed applicants pursue awarded against limerick city council, with any recovered money held pending separate proceedings or a court-approved agreement. [2017] iehc 265 authorised three practising as dundon callanan

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Courts Service · 2017-05-05 · courts

High Court makes no costs order in Ryanair and Aer Lingus test case

high court makes no costs order in ryanair and aer lingus test case the treated applications as a after finding state parties had won underlying litigation privilege issue, while also noting lengthy delays discovery. [2017] iehc 262 made to proceedings brought by limited ltd, treating involving nove

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Courts Service · 2017-05-05 · courts

High Court dismisses 1987 proceedings over cattle testing and compensation

high court dismisses 1987 proceedings over cattle testing and compensation the said no issues remained after earlier decisions by supreme court; it also ordered mr rooney to pay costs of dismissal motion. [2017] iehc 269 has dismissed begun in john for identified as reactors bovine tuberculosis test

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Courts Service · 2017-05-05 · courts

Court of Appeal reduces two aggravated burglary sentences to 18 years

court of appeal reduces two aggravated burglary sentences to 18 years the dismissed three appeals and found for dean byrne patrick gately had diverged excessively from those imposed on their co-accused. it left terms suspending part be decided after hearing parties. reduced an at a family home in bu

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Courts Service · 2017-05-05 · courts

High Court allows amendment in child return case, delaying hearing

high court allows amendment in child return case, delaying hearing the ruling lets a father add an alternative claim that his was wrongfully retained ireland after illinois proceedings began. it does not decide whether must be returned. [2017] iehc 362 has allowed to amend pleadings hague convention

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Courts Service · 2017-05-05 · courts

High Court keeps DePuy hip claims ADR scheme in place, refusing applications to expand or withdraw it

high court keeps depuy hip claims adr scheme in place, refusing applications to expand or withdraw it the declined admit involving unrevised hips increase interim costs payments, and refused approval of for now. left open possibility future relief if scheme’s slow progress is attributable its operat

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Courts Service · 2017-05-05 · courts

Court of Appeal increases sentences after finding endangerment terms unduly lenient

court of appeal increases sentences after finding endangerment terms unduly lenient the allowed a dpp appeal, replacing sentencing for two offences while leaving other unchanged. final three years new total were suspended, subject to supervision. director public prosecutions against imposed on mark

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Courts Service · 2017-05-05 · courts

High Court refuses interim injunction sought by two Assistant Classifiers

high court refuses interim injunction sought by two assistant classifiers the applicants’ judicial review challenge remains before court; ruling refused only their request for interlocutory injunctive relief. [2017] iehc 261 has an who are challenging minister justice and equality’s decision to end

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Courts Service · 2017-05-05 · courts

High Court orders €91,500 security in Fides Capital costs dispute

high court orders €91,500 security in fides capital costs dispute the found alchemy projects had a prima facie defence and that could not meet likely costs, then stayed proceedings until is provided. [2017] iehc 266 has ordered limited to provide for limited’s contract dispute, provided form be dete

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Courts Service · 2017-05-05 · courts

High Court sets aside leave to challenge six Mayo grid-connection permissions

high court sets aside leave to challenge six mayo grid-connection permissions the found that all five remaining judicial-review grounds lacked precision required by rules. it set earlier grant of leave; judgment does not decide merits planning permissions. [2017] iehc 300 has permission for a judici

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Courts Service · 2017-05-05 · courts

High Court dismisses Rooney’s latest challenge to TB scheme and restricts future proceedings

high court dismisses rooney’s latest challenge to tb scheme and restricts future proceedings the dismissed as an abuse of process ordered that mr rooney must obtain leave from president before bringing further against specified parties. [2017] iehc 270 john bovine tuberculosis eradication he a list

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Courts Service · 2017-05-05 · courts

High Court refuses TeamDrive injunction pending German proceedings

high court refuses teamdrive injunction pending german proceedings the refused software company’s interim bid to restrain google’s use of “team drive”, while allowing it renew application after hamburg challenge concluded or if considered that unduly delayed. [2017] iehc 853 systems gmbh’s for an ag

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Courts Service · 2017-05-04 · courts

Driver 80% liable for cyclist’s injuries after Dublin collision, High Court finds

driver 80% liable for cyclist’s injuries after dublin collision, high court finds the apportioned 20% of blame to cyclist and awarded him €48,000 assessing his full-value general damages at €60,000. [2017] iehc 283 a was responsible 2012 collision with on north strand road in dublin, while contribut

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Courts Service · 2017-05-04 · courts

High Court finds Carlow building demolition was not exempt development

high court finds carlow building demolition was not exempt development the ruled that destruction of 25 dublin street engaged section 160 planning powers, but deferred its decision on whether to order reinstatement until second respondent could be cross-examined. [2017] iehc 284 has a at street, car

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Courts Service · 2017-05-04 · courts

Dublin Children’s Court defers teenager’s 18-month detention sentence for six months

dublin children’s court defers teenager’s 18-month detention sentence for six months the found child had reached custody threshold after repeated dangerous driving offences, but deferred under supervision and set a review hearing. [2017] iedc 7 children court- metropolitan district [as printed with

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Courts Service · 2017-05-04 · courts

High Court rejects nine claims over alleged minibus collision in Monaghan

high court rejects nine claims over alleged minibus collision in monaghan the found evidence did not establish that an unidentified vehicle struck minibus. it allowed insurer’s appeals seven cases and dismissed two passengers’ appeals. [2017] iehc 286 has ruled passengers a driver prove which they w

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Courts Service · 2017-05-04 · courts

Court of Appeal dismisses appeal over solicitor misconduct complaint

court of appeal dismisses over solicitor misconduct complaint the found no basis to overturn decisions rejecting eugene mccool’s against colin monaghan confusion about a hearing time. [2017] ieca 129 has dismissed rejection his professional monaghan, finding evidence support allegations that deliber

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Courts Service · 2017-05-04 · courts

High Court refers Kilkenny ring-road challenge to EU court

high court refers kilkenny ring-road challenge to eu the sent 11 questions of justice european union about environmental assessments for proposed northern extension. it did not decide whether quash an bord pleanála’s consent. [2017] iehc 268 has referred law in a judicial review approval ring road r

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Courts Service · 2017-05-04 · courts

High Court refuses to set aside BAM third-party notice in hospital injury case

high court refuses to set aside bam third-party notice in hospital injury case the found delay joining building culpable but, considering case’s overall progress, refused company’s application aside. [2017] iehc 285 an by limited a personal injuries brought vickie morey against marymount university

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Courts Service · 2017-05-04 · courts

Court of Appeal upholds four prison orders and reverses Brennan release ruling

court of appeal upholds four prison orders and reverses brennan release ruling the held that circuit judges could strike out criminal appeals when appellants failed to appear. it dismissed allowed castlerea governor’s in fifth. (civil) has by sandra maguire, morufu ademola animashaun, napoleon silag

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Courts Service · 2017-05-04 · courts

Court of Appeal cuts damages for TV3’s mistaken footage of solicitor to €36,000

court of appeal cuts damages for tv3’s mistaken footage solicitor to €36,000 the reduced high award after setting a lower starting point and increasing discount prompt apology offer amends. [2017] ieca 128 payable david christie from €140,000 finding that had set too compensation over television bro

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Courts Service · 2017-05-03 · courts

High Court awards €189,000 to woman injured in icy-road collision

high court awards €189,000 to woman injured in icy-road collision the apportioned liability 90% driver whose car struck a vehicle ditch and 10% that vehicle’s driver. it made no finding of contributory negligence against woman. [2017] iehc 259 awarded left ankle was run over when another at side an

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Courts Service · 2017-05-03 · courts

High Court directs return of child to Brunei while custody issues remain open

high court directs return of child to brunei while custody issues remain open the found that returning was in her best interests at this stage, subject father’s undertakings and appropriate financial support for mother. [2017] iehc 359 has directed a young be returned brunei, where she had lived sin

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Courts Service · 2017-05-03 · courts

Applicants awarded 85% of costs in deportation judicial review

applicants awarded 85% of costs in deportation judicial review the high court ruled on after succeeded main issue an earlier judgment about considering prospective situation unborn child. [2017] iehc 257 has ordered state respondents to pay applicants’ a concerning order, including injunction and ot

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Courts Service · 2017-05-03 · courts

High Court finds 12-month mental health detention review period incompatible with Convention rights

high court finds 12-month mental health detention review period incompatible with convention rights the said a detained person must be able to seek of ongoing at reasonable intervals. it proposed declaration incompatibility and would discuss wording counsel. [2017] iehc 360 found that ireland’s act

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Courts Service · 2017-05-03 · courts

District Court finds it has jurisdiction over child protection case under EU presence rule

district court finds it has jurisdiction over child protection case under eu presence rule after finding that the child’s habitual residence could not be established and parties had agreed to confer article 12, held 13 applied because was present in state. [2017] iedc 11 an chúirt dúiche / proceedin

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Courts Service · 2017-05-02 · courts

High Court rejects bid to reduce quarry land transfer

high court rejects bid to reduce quarry land transfer the refused a company’s request rectify 2004 and property registration authority’s map, finding no convincing proof of an agreed smaller boundary or qualifying mistake. [2017] iehc 258 has tullagower quarries limited’s transferred whelan’s limest

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Courts Service · 2017-05-02 · courts

High Court finds Nutriplen infringed Nutriplete mark and awards €35,000

high court finds nutriplen infringed nutriplete mark and awards €35,000 the ordered an injunction against nualtra’s use of awarded damages, while declining to allow a further hearing on account profits. [2017] iehc 253 court, commercial has found that nualtra limited’s aymes international registered

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Courts Service · 2017-05-02 · courts

Father awarded costs for section 47 child care application

father awarded costs for section 47 child care application the district court ordered and family agency to pay father’s legal three hearing dates application, citing unreasonable delay over child’s placement. 2017 [iedc] 26 court, dublin metropolitan incurred by a respondent in brought guardian ad l

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Courts Service · 2017-05-02 · courts

Court of Appeal increases sentence for armed robbery role to seven years

court of appeal increases sentence for armed robbery role to seven years the quashed a four-year with two suspended and imposed concurrent seven-year terms firearms offences, final each term suspended. has increased daniel kavanagh’s his part in an at shop sub post office clogherhead, co louth, apri

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Courts Service · 2017-05-02 · courts

High Court orders plaintiff to list witnesses in long-running case

high court orders plaintiff to list witnesses in long-running case a case-management ruling set 14 june 2017 deadline for the plaintiff’s witness and any discovery application. warned that non-compliance could lead proceedings being struck out. [2017] iehc 252 has ordered provide of intended an esti

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Courts Service · 2017-05-02 · courts

High Court refuses wind farm group’s bid to appeal planning judgment

high court refuses wind farm group’s bid to appeal planning judgment the declined certify any of five proposed legal questions as meeting threshold for an under law. [2017] iehc 250 court, commercial has refused north kerry turbine awareness group a certificate that rejected its challenge permission

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Courts Service · 2017-05-02 · courts

Denis O’Brien ordered to pay defendants’ costs after High Court rejects exceptional costs bid

denis o’brien ordered to pay defendants’ costs after high court rejects exceptional bid the found some novelty in case’s facts and legal issues, but not enough depart from usual rule that losing party pays costs. [2017] iehc 377 has ruling case did meet threshold for order he sought. judgment, deliv

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