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Courts Service · 2017-07-31 · courts

AIB wins €244,591.69 judgment after High Court treats mortgage claim as equitable assignment

aib wins €244,591.69 judgment after high court treats mortgage claim as equitable assignment the found that bank had not given borrower sufficient express written notice of loan to sue at common law, but allowed its in equity and entered for amount sought. [2017] iehc 515 finding against nadine thom

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Courts Service · 2017-07-31 · courts

Court of Appeal suspends more of Wicklow abuse sentence

court of appeal suspends more wicklow abuse sentence the left two-year in place but increased suspended portion from six months to 15, citing appellant’s age, poor health and frailty. an 82-year-old man’s for indecent assault, finding that balance between custody suspension did not adequately accoun

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Courts Service · 2017-07-31 · courts

Court of Appeal upholds receiver over future farm support payments

court of appeal upholds receiver over future farm support payments the dismissed an against order allowing a to collect due under basic payment scheme, finding scheme entitlement was existing legal right and appropriate on facts. [2017] ieca 245 appeal; high has by mark rickard appointing he may bec

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Courts Service · 2017-07-31 · courts

Zurich can join three High Court injury cases over 2013 crash

zurich can join three high court injury cases over 2013 crash the allowed insurer to be added as a co-defendant, finding its financial interest in any award met exceptional circumstances test. plaintiffs’ claims against driver and owner were not decided. [2017] iehc 513 insurance plc joined co-defen

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Courts Service · 2017-07-31 · courts

High Court sets €21,800 remuneration and legal costs for two liquidations

high court sets €21,800 remuneration and legal costs for two liquidations the fixed liquidator’s post-march 2012 outstanding costs, excluding of his unsuccessful motion. it made no order on either side’s motion costs. [2017] iehc 540 liquidator swift structures limited euro-plant hire (ireland) at p

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Courts Service · 2017-07-31 · courts

Court of Appeal allows challenge to refusal of CPD accreditation for live surgery course

court of appeal allows challenge to refusal cpd accreditation for live surgery course the found that rcsi committee’s handling ras medical’s application was seriously flawed and unfair. it allowed against high court’s judicial review, but did not direct be accredited. [2017] 228 medical limited’s af

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Courts Service · 2017-07-31 · courts

Court of Appeal rejects challenge to five-year minimum for repeat firearms offences

court of appeal rejects challenge to five-year minimum for repeat firearms offences the dismissed wayne ellis’s appeal, holding that oireachtas could set a mandatory sentence qualifying offences. [2017] ieca 237 has constitutionality prison term certain ruling leaves in place high court’s rejection

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Courts Service · 2017-07-31 · courts

High Court awards €234,557 after woman suffers dog attack injuries

high court awards €234,557 after woman suffers dog attack injuries the found that a 2012 by two dogs caused permanent scarring, psychiatric injury and pain in plaintiff’s jaw, awarded damages including future dental treatment. [2017] iehc 516 finding an county kildare moderate post-traumatic stress

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Courts Service · 2017-07-31 · courts

High Court quashes child protection risk determination over flawed procedure

high court quashes child protection risk determination over flawed procedure the found applicant had not received full notice of allegations or supporting material, and quashed agency’s while leaving open a fresh investigation. [2017] iehc 587 family agency that an anonymised posed harm to children

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Courts Service · 2017-07-31 · courts

Court of Appeal dismisses challenge to receiver over future farm scheme payments

court of appeal dismisses challenge to receiver over future farm scheme payments the upheld an order extending a receiver’s appointment from former single payment under its replacement, basic scheme. [2017] ieca 245 has dismissed against allowing collect due farmer (bps), up amount unpaid judgment d

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Courts Service · 2017-07-31 · courts

High Court rejects challenge to reactivation of suspended sentence

high court rejects challenge to reactivation of suspended sentence the refused habeas corpus and judicial review relief, finding circuit had jurisdiction reactivate three-year term. separate sentences for later offences remained in place. [2017] iehc 616 has rejected jason heaphy’s a prison term, th

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Courts Service · 2017-07-31 · courts

Court of Appeal makes theft and stolen property sentences concurrent

court of appeal makes theft and stolen property sentences concurrent the dismissed challenge to immediate custody but ruled that aggregate three-year sentence was longer than necessary for a first-time offender. has waterford man’s possession should run concurrently, reducing effective custodial ter

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Courts Service · 2017-07-31 · courts

High Court postpones decision on winding-up petition against Irish Asphalt

high court postpones decision on winding-up petition against irish asphalt the sought further submissions litigation effects of appointing a liquidator, after james elliott construction petitioned over an unpaid debt exceeding €2.4 million. [2017] iehc 524 postponed its determination limited’s to wi

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Courts Service · 2017-07-31 · courts

Court of Appeal dismisses guarantor’s challenge over €114,951 judgment

court of appeal dismisses guarantor’s challenge over €114,951 judgment the upheld high court’s decision that donal o’sullivan remained liable under a 2009 guarantee after later variation to distribution agreement. [2017] ieca 226 has dismissed o’sullivan’s against holding him as guarantor for revolu

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Courts Service · 2017-07-31 · courts

High Court rejects claim that Lifford crash was staged, awards damages to six plaintiffs

high court rejects claim that lifford crash was staged, awards damages to six plaintiffs the rejected hertz’s arguments 2011 collision a set-up and had materially exaggerated their injuries. judgment assessed for plaintiffs; supplied extract ends before order is set out. [2017] iehc 514 car-rental c

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Courts Service · 2017-07-31 · courts

High Court dismisses challenge to 2011 bank recapitalisation order

high court dismisses challenge to 2011 bank recapitalisation order the applicants failed show that minister’s opinion was unreasonable or legally flawed, after eu ruled shareholder protections at issue did not preclude exceptional measure in circumstances described. [2017] iehc 520 has dismissed an

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Courts Service · 2017-07-31 · courts

Court of Appeal increases sentences in review of Dundalk driving offences

court of appeal increases sentences in review dundalk driving offences the ruled that for unlawful use a car and criminal damage were unduly lenient, increasing both to two years, with final year suspended. increased imposed on aaron brady after finding original terms vehicle lenient. arose from app

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Courts Service · 2017-07-31 · courts

Court of Appeal strikes out appeal over deportation order for lack of jurisdiction

court of appeal strikes out over deportation order for lack jurisdiction the held that an application to restrain enforcement a amounted in substance challenge governed by 28-day judicial review procedure. no high certificate permitting had been sought. [2017] ieca 235 struck concerning order, holdi

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Courts Service · 2017-07-31 · courts

High Court orders payment of conciliator’s recommended sum pending arbitration

high court orders payment of conciliator’s recommended sum pending arbitration the granted summary judgment enforcing an interim obligation, while leaving amount ultimately due under contract to arbitrator. [2017] iehc 526 court, commercial has kellys fantane (concrete) limited requiring bowen const

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Courts Service · 2017-07-31 · courts

Court of Appeal dismisses challenge to one-month prison warrant

court of appeal dismisses challenge to one-month prison warrant the held that a consecutive sentence became effective when high invalidated earlier three-month sentence, and found no ambiguity in warrant. [2017] ieca 236 has dismissed mariana kovacs’s against ruling allowed her take effect after an

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Courts Service · 2017-07-31 · courts

Court of Appeal refuses DPP bid to increase sentence for fatal crash

court of appeal refuses dpp bid to increase sentence for fatal crash the described as “very lenient” but found no error requiring intervention in unusual and tragic circumstances. has refused director public prosecutions’ application review unduly lenient imposed on keith jackson fleming dangerous d

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Courts Service · 2017-07-31 · courts

Court of Appeal dismisses appeal over assault and sexual assault convictions

court of appeal dismisses over assault and sexual convictions the ruled that testimony about a complainant’s report to gardaí did not make trial unsatisfactory or unsafe. no. 258/15 has dismissed jason sherin’s against his for causing harm, finding evidence made render verdicts sherin was convicted

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Courts Service · 2017-07-31 · courts

High Court refuses receiver’s bid to vacate lis pendens over Tipperary development

high court refuses receiver’s bid to vacate lis pendens over tipperary development the dismissed application because receiver used an improper procedure in proceedings that did not seek relief, and plaintiffs had been served. [2017] iehc 506 refused a notices affecting property at kilsheelin fethard

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Courts Service · 2017-07-31 · courts

High Court orders roof replacement in dispute over mould in Saggart home

high court orders roof replacement in dispute over mould saggart home the found poor construction had caused attic and ordered builders to carry out supervised remedial works, including removing paying family’s rental costs once works are complete. [2017] iehc 554 has of a extensive its roof, after

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Courts Service · 2017-07-31 · courts

High Court refuses discovery request in Marques surrender challenge

high court refuses discovery request in marques surrender challenge the declined to order disclosure of departmental memoranda at this stage, leaving underlying judicial review for a later hearing. [2017] iehc 597 has refused eric eoin marques’s application concerning minister justice and equality’s

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Courts Service · 2017-07-31 · courts

High Court clears Beaumont Hospital to sign €57m blood laboratory contract

high court clears beaumont hospital to sign €57m blood laboratory contract the refused beckman coulter’s request suspend regulation allowing procurement standstill be lifted, then lifted so could with roche. underlying challenge tender process remained unresolved. [2017] iehc 537 court, commercial h

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Courts Service · 2017-07-31 · courts

High Court says discovery motion complete in Tracey proceedings

high court says discovery motion complete in tracey proceedings the ruled that defendants had disclosed all relevant documents and said case should be ready for trial once witnesses were summoned next jury list. [2017] iehc 525 has concluded a further better brought by kevin karen tracey, ruling doc

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Courts Service · 2017-07-31 · courts

Court of Appeal allows additional evidence in Star Elm Frames liquidation appeal

court of appeal allows additional evidence in star elm frames liquidation the allowed revenue commissioners to rely on an email exchange anthony fitzpatrick’s appeal, leaving its meaning and itself for later determination. [2017] ieca 227 has introduce as over winding up ltd. ruling decides only whe

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Courts Service · 2017-07-31 · courts

High Court dismisses fishermen’s claim for tuna ban compensation

high court dismisses fishermen’s claim for tuna ban compensation the found that assurances about did not create a legitimate expectation, and was statute-barred. [2017] iehc 553 has dismissed group of linked to european union on drift-net fishing albacore tuna, finding proceedings were brought outsi

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Courts Service · 2017-07-28 · courts

High Court dismisses woman’s claim over fall at Clondalkin pub

high court dismisses woman’s claim over fall at clondalkin pub the found she had not proved that liquid on floor caused her fall. it reserved consequential orders after finding told engineers been replaced. [2017] iehc 294 dismissed samantha griffin’s personal injuries against bellway limited, tradi

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Courts Service · 2017-07-28 · courts

High Court grants interim possession injunction in €2m loan dispute

high court grants interim possession injunction in €2m loan dispute mr justice twomey ruled that a receiver had shown fair issue to be tried and damages would not an adequate remedy. the substantive proceedings remain determined. [2017] iehc 536 granted interlocutory injunctions requiring defendant

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Courts Service · 2017-07-28 · courts

Court of Appeal: broadband report may qualify as environmental information

court of appeal: broadband report may qualify as environmental information the rejected commissioner’s view that national plan’s effects were too remote, but left a factual question about whether was used in preparing plan. [2017] ieca 223 appeal dismissed appeals by commissioner for and minister co

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Courts Service · 2017-07-28 · courts

High Court rejects claim over withdrawn Bank of Ireland job offer

high court rejects claim over withdrawn bank of ireland job offer the found was conditional on checks, including verification educational qualifications, and awarded no damages. [2017] iehc 498 has rejected a former applicant’s claims against governor company after withdrew an for administrator posi

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Courts Service · 2017-07-28 · courts

Appeal court cuts activated suspended sentence from four years to three

appeal court cuts activated suspended sentence from four years to three the of found that activating was disproportionate after a minor shop theft triggered review six-year term. appeal; clonmel circuit criminal court; district (location not stated) reduced prison term against dean o’mahony three, f

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Courts Service · 2017-07-28 · courts

High Court allows home defect claim to proceed despite delay

high court allows home defect claim to proceed despite delay the refused dismiss against first defendant, finding that parts of were inordinate and one period was also inexcusable. case may continue subject strict management. [2017] iehc 502 has allowed a couple’s over alleged defects in their famil

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Courts Service · 2017-07-28 · courts

High Court sends Bank of Ireland claim against Elizabeth Mellon to plenary hearing

high court sends bank of ireland claim against elizabeth mellon to plenary hearing the refused resolve bank’s summary judgment application at this stage, finding that two letters about scope mellon’s guarantee raised an arguable defence. it rejected undue influence as a defence on evidence before it

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Courts Service · 2017-07-28 · courts

Court of Appeal dismisses appeal against indecent assault conviction

court of appeal dismisses against indecent assault conviction the held there was sufficient evidence for jury to consider charge and found no basis conclude trial judge relied on irrelevant or inadmissible evidence. has dismissed anthony mccabe’s his assault, ruling that be left jury. mccabe tried b

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Courts Service · 2017-07-28 · courts

Court of Appeal rejects injured hotel guest’s appeal after claim dismissed over misleading evidence

court of appeal rejects injured hotel guest’s after claim dismissed over misleading evidence the upheld high court’s dismissal jason platt’s personal injury action under section 26 civil liability and courts act 2004, finding material false no injustice in dismissing claim. [2017] ieca 221 has an by

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Courts Service · 2017-07-28 · courts

High Court quashes refusal of Ukrainian refugee’s family reunification application

high court quashes refusal of ukrainian refugee’s family reunification application the found that an concerning sister relied in part on immaterial factors and did not explain weight given to evidence. it ordered decision quashed reconsidered. [2017] iehc 617 has a for with his sister, finding make

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Courts Service · 2017-07-28 · courts

High Court grants AIB €154,183.28 summary judgment against two defendants

high court grants aib €154,183.28 summary judgment against two defendants the found no real factual issue about loan account and fair or reasonable probability of a bona fide defence. it awarded claimed sum without interest ordered to pay application costs. [2017] iehc 500 granted allied irish banks

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Courts Service · 2017-07-28 · courts

High Court orders inspection of Murphy Concrete quarry in Drumnigh Wood stone dispute

high court orders inspection of murphy concrete quarry in drumnigh wood stone dispute the authorised and sampling at concrete’s hollywood quarry, while adjourning request to inspect three roadstone quarries until files its defence. [2017] iehc 539 has ordered a as part over used housing development

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Courts Service · 2017-07-28 · courts

Appeal court upholds serious harm convictions but quashes robbery convictions

appeal court upholds serious harm convictions but quashes robbery the of dismissed both men’s appeals against for causing harm. it quashed their because trial judge wrongly refused to leave alternative verdicts jury, and said would hear submissions on possible retrials. has upheld damien fitzgerald’

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Courts Service · 2017-07-28 · courts

High Court refuses doctor leave to challenge Medical Council’s specialist-registration process

high court refuses doctor leave to challenge medical council’s specialist-registration process the held that his claim for automatic recognition under professional qualifications directive was based on a fundamental misconception and also found he had failed disclose material background. [2017] iehc

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Courts Service · 2017-07-28 · courts

High Court orders €45,000 interim payment on personal injury costs

high court orders €45,000 interim payment on personal injury costs the order followed a settlement in 2016 and plaintiff’s solicitor’s application for pending taxation. did not determine final amount of due. [2017] iehc 503 has ordered defendants action to pay account within 28 days. is interim: rem

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Courts Service · 2017-07-28 · courts

Court of Appeal adjourns child-return appeal pending Moldovan court determination

court of appeal adjourns child-return pending moldovan determination the asked father to seek a on whether his rights under law were breached when child was taken ireland. remains unresolved. [2017] ieca 269 adjourned father’s over refusal order young daughter’s return moldova, from courts her remov

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Courts Service · 2017-07-27 · courts

Court of Appeal rules Ballina drink-driving suspect’s cell detention was lawful

court of appeal rules ballina drink-driving suspect’s cell detention was lawful the upheld high court’s answer that while a doctor awaited for blood sample. it did not need to decide whether evidence obtained afterwards admissible. [2017] ieca 225 ruled geoffrey laing’s in at garda station awaiting

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Courts Service · 2017-07-27 · courts

High Court refuses summary judgment in AIB overdraft claim

high court refuses summary judgment in aib overdraft claim the accepted that account was overdrawn by €216,395.63 but sent bank’s to a plenary hearing after finding original loan agreement and detailed terms had not been demonstrated. [2017] iehc 494 has refused allied irish bank plc’s application f

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Courts Service · 2017-07-27 · courts

Supreme Court judge would have sent McDonagh defamation case for a full retrial

supreme court judge would have sent mcdonagh defamation case for a full retrial in separate judgment, john macmenamin j said the jury’s unanswered question on partial justification made its verdict unlawful. he declined to substitute damages and ordered new trial. brought by martin against sunday ne

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Courts Service · 2017-07-27 · courts

Supreme Court allows limited EU law arguments in Callaghan appeal

supreme court allows limited eu law arguments in callaghan appeal the ruled on scope of appeal, permitting tied to statutory interpretation while excluding a separate challenge whether irish properly transposed an directive. has that john may rely certain european union his over planning procedures

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Courts Service · 2017-07-27 · courts

High Court narrows defence and counterclaim in Grant Thornton data dispute

high court narrows defence and counterclaim in grant thornton data dispute the refused to add three proposed parties struck out most of defendant’s pleadings, while leaving a limited protection claim specified paragraphs be recast. [2017] iehc 648 has narrowed over disc says it mistakenly sent geral

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Courts Service · 2017-07-27 · courts

Supreme Court judge would have ordered full retrial in McDonagh defamation case

supreme court judge would have ordered full retrial in mcdonagh defamation case the parties settled minutes before judgment was due. justice william mckechnie’s separate said jury had not answered a key question and been required. v sunday newspapers limited [2017] i.e.s.c. 46 (mcdonagh no. 1 refere

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Courts Service · 2017-07-27 · courts

High Court rejects challenge to bail law in Cork Prison detention case

high court rejects challenge to bail law in cork prison detention case the found that earlier refusal of m.h.’s was not based wholly on a senior garda officer’s belief evidence and rejected constitutional sections 2 2a act 1997. [2017] iehc 618 has constitutionality 1997, finding chief superintenden

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Courts Service · 2017-07-27 · courts

High Court rules McKenzie friend cannot address court unless judge invites them

high court rules mckenzie friend cannot address unless judge invites them in a july 2017 ruling, mr justice eagar set out the limits on role of accompanying an unrepresented litigant. [2017] iehc 496 ruled that litigant may take notes and quietly offer suggestions advice, but act as advocate or invi

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Courts Service · 2017-07-27 · courts

Court of Appeal dismisses challenge to order requiring security for €400,000 loan

court of appeal dismisses challenge to order requiring security for €400,000 loan the rejected gerald stephens’s arguments that delay, earlier debt proceedings, an alleged “no transaction” defence, or conduct high trial invalidated a first legal charge over land in mayo. [2017] ieca 229 has dismisse

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Courts Service · 2017-07-27 · courts

Supreme Court sets aside €900,000 libel award and assesses replacement damages

supreme court sets aside €900,000 libel award and assesses replacement damages the found jury’s disproportionate, assessed itself because a retrial would cause further delay, withheld sum after parties agreed it should not be published. set to martin mcdonagh in his defamation action against sunday

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Courts Service · 2017-07-27 · courts

Supreme Court quashes refusal to revoke Algerian man’s deportation order

supreme court quashes refusal to revoke algerian man’s deportation order the found minister’s reasons insufficiently clear on risk of treatment contrary article 3, but left original decision in place and sent revocation question back for reconsideration. has quashed a refusing against an national, f

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Courts Service · 2017-07-27 · courts

Court of Appeal overturns ruling that escaped prisoner’s arrest and detention were unlawful

court of appeal overturns ruling that escaped prisoner’s arrest and detention were unlawful the held man’s 2014 return to prison was lawful, despite a nearly five-year delay caused by garda recording error. [2017] ieca 222 has overturned high declared man who from shelton abbey his subsequent in whe

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Courts Service · 2017-07-27 · courts

Court of Appeal upholds 15-year driving ban after serious-injury crash

court of appeal upholds 15-year driving ban after serious-injury crash the dismissed a truck driver’s against length his disqualification, finding no special reason to reduce statutory minimum or additional ban. has an by timothy walsh disqualification imposed he pleaded guilty dangerous causing ser

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Courts Service · 2017-07-27 · courts

High Court rules Joseph Daly’s estate residue must go to charitable purposes

high court rules joseph daly’s estate residue must go to charitable purposes the admitted evidence of deceased’s intentions and held that will’s residuary trust could be applied for purposes. it refused a request larger distribution cousin. [2017] iehc 650 has ruled is purposes, after considering ab

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Courts Service · 2017-07-27 · courts

High Court orders production of 11 documents in privilege dispute

high court orders production of 11 documents in privilege dispute the upheld legal professional for two 13 and directed other 11. [2017] iehc 649 ruled that considered a were protected, remaining be produced. application concerned relating to proceedings over property. they included solicitor attend

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Courts Service · 2017-07-27 · courts

High Court dismisses Mulrooney claim over Garda lease investigation and bars repeat lease-fraud cases

high court dismisses mulrooney claim over garda lease investigation and bars repeat lease-fraud cases the dismissed william mulrooney’s 2015 as an abuse of process made order restricting further proceedings about alleged fraud in amending lease. it noted that he could appeal. [2017] iehc 493 against

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Courts Service · 2017-07-27 · courts

Supreme Court found prisoner pension cut amounted to unconstitutional extra punishment

supreme court found prisoner pension cut amounted to unconstitutional extra punishment the held that statutory disqualification, as applied a contributory pension, intruded on courts’ sentencing role. it adjourned case hear submissions remedy and costs. stopping prisoner’s state (spc) under section

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Courts Service · 2017-07-27 · courts

Court of Appeal orders release of land transfer instrument to former owners’ company

court of appeal orders release land transfer instrument to former owners’ company the found that cloughvalley stores had a legitimate interest in seeing how its monaghan was transferred, and directed property registration authority provide certified copy, subject any applicable fee. [2017] ieca 231

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Courts Service · 2017-07-27 · courts

Supreme Court sets aside €900,000 libel award and substitutes a lower sum

supreme court sets aside €900,000 libel award and substitutes a lower sum the upheld jury’s findings that newspaper had not proved allegations of drug dealing loan sharking, rejected need for full retrial, replaced excessive damages award. parties settled, so did disclose replacement figure. has set

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Courts Service · 2017-07-27 · courts

High Court refuses bid to stop child protection investigation

high court refuses bid to stop child protection investigation the judge said assessment could continue, but found it was premature for agency invite applicant an interview before completing first stage of its procedure. [2017] iehc 595 has refused application by anonymised man and family investigati

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Courts Service · 2017-07-27 · courts

Supreme Court finds €900,000 libel award excessive, reserves final sum

supreme court finds €900,000 libel award excessive, reserves final sum the held that jury had answered a key question in favour of martin mcdonagh, but available judgment text does not state replacement damages figure or order. mcdonagh v sunday newspapers limited [2017] iesc 46 has ruled to his def

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Courts Service · 2017-07-26 · courts

High Court rejects objections to surrender over 1978 assault allegation

high court rejects objections to surrender over 1978 assault allegation the rejected a man’s challenges uk european arrest warrant and said it could make an order for his face prosecution. [2017] iehc 563 respondent’s under seeking him prosecution one alleged indecent assault. person authorised by r

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Courts Service · 2017-07-26 · courts

High Court allows seven interrogatories in ankle-treatment negligence action

high court allows seven interrogatories in ankle-treatment negligence action the permitted questions about treatment dates and procedures, while refusing rest of plaintiff’s proposed interrogatories, including those alleging negligence. [2017] iehc 504 has allowed a woman suing health service execut

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Courts Service · 2017-07-26 · courts

High Court awards €150,000 over unauthorised broadcasts of Tommy Fleming concert recording

high court awards €150,000 over unauthorised broadcasts of tommy fleming concert recording the found that irish tv breached intellectual property rights by airing “voice hope” from a sampling dvd without authority. it awarded damages and continued an existing injunction. [2017] iehc 647 in to flemin

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Courts Service · 2017-07-26 · courts

High Court quashes school appeals decision ordering place for boy

high court quashes school appeals decision ordering place for boy the held that committee could not set aside school’s lottery-based admissions policy to account family’s circumstances, and sent appeal fresh consideration. [2017] iehc 521 has quashed an education a should be offered at presentation

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Courts Service · 2017-07-26 · courts

High Court orders pro rata distribution of pooled Custom House Capital funds

high court orders pro rata distribution of pooled custom house capital funds the also set limits on possible recovery liquidation expenses from client assets, leaving any amount for a later application. [2017] iehc 484 ireland has directed that money remaining in bank accounts connected with be dist

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Courts Service · 2017-07-26 · courts

Appeal court dismisses challenge to forestry consent despite inadequate public notice

appeal court dismisses challenge to forestry consent despite inadequate public notice the of found that proposed planting was ineffective, but upheld refusal quash after minister belatedly considered neighbour’s concerns. [2017] ieca 246 has dismissed james mccaffrey’s against a high decision refusi

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Courts Service · 2017-07-26 · courts

High Court refuses challenge to deportation proposal for child

high court refuses challenge to deportation proposal for child the found that reference common good was not irrational or a slur, and did change child’s immigration status. [2017] iehc 492 has refused application judicial review of deport her, finding neither nor slur on her character caused no prej

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Courts Service · 2017-07-26 · courts

High Court dismisses barrister’s defamation case over appeal email

high court dismisses barrister’s defamation case over appeal email the ruled that a solicitor’s 2015 about missing papers could not reasonably be found defamatory and qualified privilege applied. [2017] iehc 488 dismissed sean corrigan’s proceedings an sent by solicitor emma brennan to him copied su

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Courts Service · 2017-07-26 · courts

High Court refuses cross-examination bid in €50m asset-freezing case

high court refuses cross-examination bid in €50m asset-freezing case the dismissed an application by gayle dunne to cross-examine official assignee and exclude transcripts from ongoing for interim worldwide injunction. [2017] iehc 511 court, commercial has dunne’s bankruptcy on affidavits supporting

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Courts Service · 2017-07-26 · courts

High Court rejects father’s request to return child to England

high court rejects father’s request to return child england the found that child’s habitual residence had become ireland before father sought her return, so continued stay did not amount wrongful retention under hague convention. [2017] iehc 686 has refused a application for of his young daughter an

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Courts Service · 2017-07-26 · courts

High Court refuses challenge to naturalisation refusal

high court refuses challenge to naturalisation refusal the rejected a sudanese woman’s judicial review of minister’s 2016 decision, finding brief reasons for refusing her application factually correct and sustainable. [2017] iehc 491 has refused quash minister justice equality’s application, given w

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Courts Service · 2017-07-26 · courts

Supreme Court dismisses appeal over six-year interest calculation in bankruptcy case

supreme court dismisses appeal over six-year interest calculation in bankruptcy case the held that minister could calculate recoverable by counting back six years from particulars of demand for summons at issue. dismissed an richard wood and michael wymes claimed on a high costs debt, ruling backwar

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Courts Service · 2017-07-26 · courts

High Court refuses interim order over disputed farm machinery franchise

high court refuses interim order over disputed farm machinery franchise the said seller had not shown a strong case that alleged three-year agreement was binding, while leaving question for full hearing. [2017] iehc 507 has refused injunctions sought by unilift ltd, trading as suirway machinery, in

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Courts Service · 2017-07-26 · courts

Court of Appeal orders retrial on Bailey’s claim of Garda disclosure to newspapers

court of appeal orders retrial on bailey’s claim garda disclosure to newspapers the dismissed most ian appeal, but ruled that his alleging an unlawful witness statements ahead defamation proceedings was not time-barred and must be retried. has ordered a one part civil action against state defendants

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Courts Service · 2017-07-25 · courts

High Court rejects Article 8 objection to surrender to Czech Republic

high court rejects article 8 objection to surrender czech republic the found that delay in executing warrant did not outweigh public interest surrendering a man serve remaining 44 months of his sentence. [2017] iehc 564 rejected man’s under european arrest issued by republic, finding convention on h

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Courts Service · 2017-07-25 · courts

High Court seeks community service assessment after contempt plea

high court seeks community service assessment after contempt plea ben gilroy pleaded guilty to criminal over statements in an affidavit. the requested a probation report before deciding whether make order. [2017] iehc 485 for he said it would relist matter on 6 october 2017 further order considering

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Courts Service · 2017-07-25 · courts

Court of Appeal rejects challenge to temporary-release condition in unlawful-at-large case

court of appeal rejects challenge to temporary-release condition in unlawful-at-large case the dismissed a prisoner’s after finding no arguable basis grant leave for judicial review. it said charge identified conduct breach his release condition; guilt on underlying trespass allegation remained tria

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Courts Service · 2017-07-25 · courts

High Court grants Revenue summary judgment in €161,433 tax case

high court grants revenue summary judgment in €161,433 tax case the held that an unappealed capital gains assessment had become final and conclusive, leaving no valid defence to claim before it. [2017] iehc 483 granted gerard harrahill for €161,433.19 a dispute with ann o’donnell over tax. mr justic

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Courts Service · 2017-07-25 · courts

High Court rejects O’Connor’s bid to stop UK surrender over Brexit

high court rejects o’connor’s bid to stop uk surrender over brexit the dismissed a new challenge and refused reopen earlier objections, leaving existing order in force. [2017] iehc 518 has rejected thomas joseph attempt his united kingdom, ruling that uk’s decision leave european union did not prohi

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Courts Service · 2017-07-25 · courts

Court of Appeal limits when rates debtor can raise State aid defence

court of appeal limits when rates debtor can raise state aid defence the circuit may consider only where it involves a clear error or an illegality about which there is no doubt, ruled. [2017] ieca 213 has ruled that hear in proceedings to recover local authority rates, but limited circumstances. mu

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Courts Service · 2017-07-24 · courts

High Court lifts stay blocking operation of Cork wind farm

high court lifts stay blocking operation of cork wind farm justice costello ruled that the risk injustice lay in continuing while a judicial review an bord pleanála’s substitute consent decision remains unresolved. [2017] iehc 510 court, commercial has lifted had prevented operator three-turbine cou

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Courts Service · 2017-07-24 · courts

High Court refuses Ian Bailey’s surrender to France under second warrant

high court refuses ian bailey’s surrender to france under second warrant the held that a supreme ruling barred renewed litigation of same legal issue on unchanged facts, and also found application was an abuse process in circumstances. [2017] iehc 482 ireland refused minister for justice equality’s

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Courts Service · 2017-07-24 · courts

High Court adjourns Cyprus company’s bid to use escrow funds for legal defence

high court adjourns cyprus company’s bid to use escrow funds for legal defence the said yesreb holding could in principle frozen sale proceeds reasonable costs, but deferred application while parties make further submissions on how those costs should be assessed. [2017] iehc 512 court, commercial ha

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Courts Service · 2017-07-21 · courts

Court of Appeal dismisses five appeals over discontinued abuse claims

court of appeal dismisses five appeals over discontinued abuse claims the held that it had power to set aside or allow withdrawal notices discontinuance, but found no basis do so in these cases. [2017] ieca 216 has dismissed by men seeking revive personal injury proceedings against state defendants

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Courts Service · 2017-07-21 · courts

Court of Appeal sets aside 10-year suspension order against solicitor

court of appeal sets aside 10-year suspension order against solicitor the ruled that high president lacked jurisdiction to impose particular and post-suspension application requirements, remitted matter for a fresh decision on sanction. [2017] ieca 217 has set patrick e. callanan, finding went beyon

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Courts Service · 2017-07-21 · courts

High Court awards €50,000 over Garda observer’s shoulder injury

high court awards €50,000 over garda observer’s shoulder injury the found that an assault during arrest in 2003 caused applicant’s and neck condition, including symptoms treated 2009. it ordered compensation for pain suffering to date into future. [2017] iehc 325 has minister finance pay a woman who

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Courts Service · 2017-07-21 · courts

High Court refuses further discovery in Donegal Investment Group share valuation case

high court refuses further discovery in donegal investment group share valuation case the refused three categories of document requests, finding they were too broad to meet strict test for material created after original process. [2017] iehc 479 court, commercial has plc’s application a dispute over

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Courts Service · 2017-07-21 · courts

Court of Appeal sets aside 10-year practice ban for solicitor

court of appeal sets aside 10-year practice ban for solicitor the held that high lacked jurisdiction to impose and had not given adequate reasons. it allowed sent disciplinary matter back a fresh decision. [2017] ieca 217 has set order barring patrick e. callanan from practising 10 years, ruling was

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Courts Service · 2017-07-21 · courts

High Court refuses challenge to removal order against Polish national

high court refuses challenge to removal order against polish national the held that minister’s review decision was supported by applicant’s repeated offending and met relevant eu law threshold. it did not decide his separate 2006 regulations. [2017] iehc 619 {'name': 'high court'} has refused a nati

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Courts Service · 2017-07-21 · courts

Court of Appeal dismisses solicitor’s challenge to strike-off over repeated undertakings

court of appeal dismisses solicitor’s challenge to strike-off over repeated undertakings the upheld high court’s decision that john tobin was not fit remain on solicitors’ roll after failures honour financial institutions. [2017] ieca 215 has dismissed tobin’s against strike him from solicitors, hol

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Courts Service · 2017-07-21 · courts

Supreme Court dismisses appeal over €1.7m contribution order in Bula guarantee dispute

supreme court dismisses appeal over €1.7m contribution order in bula guarantee dispute michael wymes failed to show a basis overturn the high award thomas j. roche, arising from settlements of loans guaranteed by both men. roche v [2008] iehc 141 (appeal; no. 188/2008) ireland has dismissed wymes’s

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Courts Service · 2017-07-21 · courts

High Court rejects Romanian jobseeker’s challenge to refusal of €432 allowance

high court rejects romanian jobseeker’s challenge to refusal of €432 allowance the found that habitual residence test was lawful and applicant had not shown his claim legally flawed. [2017] iehc 593 has refused a national’s judicial review decision denying him in for 5 27 february 2014. mr justice m

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Courts Service · 2017-07-21 · courts

Court of Appeal sets aside €75,000 award over bar door injury

court of appeal sets aside €75,000 award over bar door injury the allowed operator’s appeal, finding no evidential basis for high court’s liability decision. it also said facts found would have supported substantial contributory negligence. has set a to saundra o’flynn, who lost tip her left ring fi

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Courts Service · 2017-07-21 · courts

High Court strikes out two further challenges to sale of Laois farm

high court strikes out two further challenges to sale of laois farm the dismissed proceedings brought by a mother and daughter as an abuse process imposed restrictions on litigation concerning secured borrowings. [2017] iehc 505 ireland has struck separate june smith her daughter, jane smith, seekin

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Courts Service · 2017-07-20 · courts

Court of Appeal dismisses Conolly’s challenge over overturned convictions

court of appeal dismisses conolly’s challenge over overturned convictions the said high had no power to issue a miscarriage-of-justice certificate and upheld refusal leave seek judicial review. [2017] ieca 214 (civil) has dismissed james against decision refusing him review setting aside his garda b

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Courts Service · 2017-07-20 · courts

High Court grants Seaconview summary judgment against guarantor for nearly €9m

high court grants seaconview summary judgment against guarantor for nearly €9m the ruled that could enforce an interest guarantee brackville holdings’ loan and had no arguable defence to application. [2017] iehc 473 granted designated activity company property developer john lally just short of €9 m

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Courts Service · 2017-07-20 · courts

High Court awards €281,500 after carpenter injured by unguarded saw

high court awards €281,500 after carpenter injured by unguarded saw the found employer and manufacturer jointly severally liable, apportioning fault two thirds to one third manufacturer. [2017] iehc 472 has awarded a who lost tip of his left middle finger in an accident involving sliding table at tr

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Courts Service · 2017-07-20 · courts

High Court grants default judgment in Ballyfermot ejectment appeal

high court grants default judgment in ballyfermot ejectment appeal the held that it had jurisdiction to grant order sought after defendant failed enter a defence, relying on three alternative legal bases. [2017] iehc 474 granted joseph cleary of defence proceedings concerning residence ballyfermot,

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Courts Service · 2017-07-20 · courts

High Court awards security worker €65,000 over nightclub assault

high court awards security worker €65,000 over nightclub assault the found that a patron assaulted at westport hotel in 2011, while dismissing patron’s negligence claim against hotel. [2017] iehc 509 awarded to who was during an incident nightclub, and dismissed separate linked cases arose from even

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Courts Service · 2017-07-19 · courts

Morrisseys ordered to pay defendants’ costs of failed discovery application

morrisseys ordered to pay defendants’ costs of failed discovery application the high court awarded both nama and state defendants, directing that amounts be taxed if parties cannot agree. [2017] iehc 476 has carol john morrissey their unsuccessful defendants defendants. are in default agreement, so

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Courts Service · 2017-07-19 · courts

Supreme Court dismisses appeal over execution of €56,637 planning case costs

supreme court dismisses appeal over execution of €56,637 planning case costs the said only issue was enforcement order and that its 2008 ruling remained in force. judgment ms. justice o’malley delivered 19 july 2017; no. 38/2009; high record 2000/532 jr has dismissed james kenny’s against an allowin

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Courts Service · 2017-07-19 · courts

High Court orders Wicklow Council to remediate illegal landfill within 78 months

high court orders wicklow council to remediate illegal landfill within 78 months the set a binding deadline for removing waste and restoring site, with intermediate stages on an indicative timetable. costs other consequential matters remained later hearing module. [2017] iehc 486 has ordered county

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Courts Service · 2017-07-19 · courts

High Court allocates costs across Brownfield and Wicklow Council proceedings

high court allocates costs across brownfield and wicklow council proceedings a ruling on divided awards between restoration ireland ltd county two proceedings, with all subject to set-off taxation if not agreed. [2017] iehc 487 the has allocated sets of after complex matter that accounted for 90 hea

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Courts Service · 2017-07-19 · courts

Supreme Court dismisses appeal over murder conviction based on DNA evidence

supreme court dismisses appeal over murder conviction based on dna evidence the rejected challenges to use of cigarette-butt dna, sufficiency as sole identity, and absence a mandatory jury warning. has dismissed keith wilson’s against his conviction, rejecting three concerning used at trial. held th

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Courts Service · 2017-07-19 · courts

High Court refuses Digital Rights Ireland bid for preliminary trial and EU court reference

high court refuses digital rights ireland bid for preliminary trial and eu reference the said data-retention challenge raised complex, disputed issues requiring evidence refused both applications at this stage. [2017] iehc 307 has limited’s application to have european union law in its tried as a ma

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Courts Service · 2017-07-19 · courts

High Court quashes refusals of work-permission applications by two Zimbabwean siblings

high court quashes refusals of work-permission applications by two zimbabwean siblings the found that minister’s decision-maker applied immigration policy without meaningfully considering whether siblings’ circumstances justified an exception. it did not rule they were entitled to stamp 4 permission

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Courts Service · 2017-07-19 · courts

High Court finds non-executive director acted irresponsibly over delayed company liquidation

high court finds non-executive director acted irresponsibly over delayed company liquidation the found second respondent failed to take appropriate steps wind up shemburn limited promptly after a related was liquidated. it reserved question of whether make restriction order. court, commercial that b

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Courts Service · 2017-07-19 · courts

High Court refuses two discovery requests in quarry supply case, orders affidavit on missing test records

high court refuses two discovery requests in quarry supply case, orders affidavit on missing test records the declined to require a further search for planning documents or directors’ emails, but directed irish asphalt explain when handwritten bay lane results left its possession and what became of

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Courts Service · 2017-07-19 · courts

Supreme Court allows mother’s appeal over proposed transfer of child care case to England

supreme court allows mother’s appeal over proposed transfer of child care case to england the set out how irish courts should assess a request under eu rules case, but remains in ireland and child’s interim arrangements continue. allowed against high decision authorising & family agency (cfa) ask an

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Courts Service · 2017-07-19 · courts

Court of Appeal to seek EU ruling on benefits after two weeks’ work

court of appeal to seek eu ruling on benefits after two weeks’ work the over a romanian citizen’s jobseeker’s allowance claim was adjourned while seeks guidance whether short employment can preserve worker status for six months. [2017] ieca 208 has an by citizen neculai tarola it from justice europe

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Courts Service · 2017-07-18 · courts

High Court dismisses challenge to transfer of mortgage and receiver’s appointment

high court dismisses challenge to transfer of mortgage and receiver’s appointment the found that plaintiff’s claim could not succeed was an abuse process, but declined make order under rule in henderson v. henderson. [2017] iehc 478 has dismissed eugene mcdermott’s challenging enforcement a over lan

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Courts Service · 2017-07-18 · courts

Court of Appeal orders HSE to restore nurse to contractual post

court of appeal orders hse to restore nurse contractual post the order followed an earlier ruling that breached helen earley’s contract by reassigning her from a senior nursing role. said specific remedy turned on circumstances this case. [2017] ieca 207 has ordered health service executive earley a

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Courts Service · 2017-07-18 · courts

High Court awards €865,000 for psychiatric injury and related losses

high court awards €865,000 for psychiatric injury and related losses the damages assessment followed minister’s acknowledgment that l o’s suffered significant psychological as a consequence of his father’s illness death. awarded €150,000 in general damages, along with earnings, pension future medica

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Courts Service · 2017-07-17 · courts

High Court grants limited leave in challenge to transfer of applicants to UK

high court grants limited leave in challenge to transfer of applicants uk the allowed a judicial review proceed on specified dublin iii and article 17 issues, but refused balance claim. [2017] iehc 467 granted for woman her minor child pursue over decision affirming their under rules. was remaining

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Courts Service · 2017-07-17 · courts

High Court orders surrender to Latvia after rejecting objections

high court orders surrender to latvia after rejecting objections the found that a latvian trial lawyer had acted under mandate and rejected respondent’s article 3 8 objections. it ordered his serve six-year-and-six-month sentence. [2017] iehc 517 has juris vingris surrendered prison sentence, based

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Courts Service · 2017-07-17 · courts

High Court refuses leave to challenge deportation order

high court refuses leave to challenge deportation order the found applicant had not shown reasonable grounds proceed with his judicial review challenge. claim that marriage-of-convenience finding was wrong been withdrawn. [2017] iehc 465 has refused for m.a.k. bring a decision issue order, proposed

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Courts Service · 2017-07-17 · courts

High Court allows limited amendment in Dublin transfer judicial review

high court allows limited amendment in dublin transfer judicial review the rejected a challenge based on an article 17 issue not raised before refugee appeals tribunal, but permitted one concerning minister’s discretion. [2017] iehc 464 has allowed libyan applicant to amend his case argue that minis

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Courts Service · 2017-07-17 · courts

High Court refuses asylum applicant’s request to appeal judicial review decision

high court refuses asylum applicant’s request to appeal judicial review decision the declined certify an appeal, finding no demonstrated legal uncertainty that made proposed points exceptionally important. [2017] iehc 468 has refused for a certificate allowing of over earlier decision. in judgment d

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Courts Service · 2017-07-17 · courts

High Court refuses leave to challenge Dublin III’s validity

high court refuses leave to challenge dublin iii’s validity the rejected a request for seek declaration that eu rules on responsibility asylum claims were invalid, finding applicant’s argument about right choose country an application was not made out facts described. [2017] iehc 462 has refused app

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Courts Service · 2017-07-17 · courts

Court of Appeal dismisses appeal over cannabis cultivation sentence

court of appeal dismisses over cannabis cultivation sentence the upheld a four-year sentence, with final two years suspended, for permitting at commercial grow house in thurles. has dismissed eugene hayes’s against severity unlawful plants on premises lisheen mine, judgment, delivered ex tempore by

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Courts Service · 2017-07-17 · courts

Court of Appeal refuses DPP bid to increase firearm sentence

court of appeal refuses dpp bid to increase firearm sentence the called five-year “very lenient” but declined set it aside, citing defendant’s admissions, early guilty plea and personal circumstances. has refused a director public prosecutions application review as unduly lenient imposed on michael

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Courts Service · 2017-07-17 · courts

High Court refuses leave to pursue review of subsidiary protection refusal

high court refuses leave to pursue review of subsidiary protection refusal the rejected challenges appeals tribunal’s handling applicant’s account, including whether it addressed his claim that family members died in a 2011 maiduguri bombing. [2017] iehc 466 refused an application for judicial decis

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Courts Service · 2017-07-17 · courts

High Court refuses leave to challenge deportation order after child’s birth

high court refuses leave to challenge deportation order after child’s birth the held proposed judicial review was an indirect and said application also lacked evidence explaining how removal would affect eu rights. [2017] iehc 463 refused apply for in a case concerning made against father of polish

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Courts Service · 2017-07-17 · courts

High Court refuses request to register Philippines adoption in Ireland’s intercountry register

high court refuses request to register philippines adoption in ireland’s intercountry the found took effect july 2011 and did not meet mandatory hague convention requirements for registration. [2017] iehc 320 refused an application direct authority of ireland a adoptions, finding that statutory requ

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Courts Service · 2017-07-13 · courts

Supreme Court quashes burglary conviction over use of adverse-inference evidence

supreme court quashes burglary conviction over use of adverse-inference evidence the ruled that a caution given to alan wilson about suspected firearm discharge could not support inferences in his later trial. it left any retrial decision director public prosecutions. has quashed wilson’s conviction

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Courts Service · 2017-07-13 · courts

Supreme Court quashes burglary conviction over use of silence evidence

supreme court quashes burglary conviction over use of silence evidence the ruled that adverse inferences under section 19 could be used only when accused had been questioned about offence for which he was later charged. has allowed alan wilson’s appeal and quashed his conviction, ruling during quest

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Courts Service · 2017-07-13 · courts

Supreme Court justice rejects claim of error over jacket evidence in Nash appeal

supreme court justice rejects claim of error over jacket evidence in nash appeal charleton said his earlier judgment accurately reflected the written submissions made on mark nash’s behalf about where was held and how samples were retested. a judge has rejected that he an forensic taken from jacket,

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Courts Service · 2017-07-13 · courts

High Court rejects property damages claim but awards €10,000 over intimidation

high court rejects property damages claim but awards €10,000 over intimidation the found no proven loss from alleged caretaker agreement breaches, awarded seamus dunne for unlawful visits to his home and business by a debt recovery agency. [2017] iehc 457 has dismissed developers tom o’driscoll tran

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Courts Service · 2017-07-13 · courts

Supreme Court dismisses appeal over damages for mistaken residence decision

supreme court dismisses appeal over damages for mistaken residence decision the held that state’s error in refusing a nigerian national permanent was not sufficiently serious to qualify eu law damages, and found no separate domestic basis compensation. [2017] iesc 52 has dismissed an by ewaen fred o

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Courts Service · 2017-07-13 · courts

Supreme Court dismisses bid to reopen judgment over alleged factual errors

supreme court dismisses bid to reopen judgment over alleged factual errors the found did not meet high threshold for setting aside its earlier decision, though it agreed that some descriptions in should be corrected. has dismissed mark nash’s application concerning a delivered on 24 october 2016, co

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Courts Service · 2017-07-13 · courts

Supreme Court corrects facts in Nash delay judgment but leaves outcome unchanged

supreme court corrects facts in nash delay judgment but leaves outcome unchanged the clarified where forensic items were held and when dna testing technology was available, said corrections did not alter its finding of no culpable delay. corrected two factual details earlier dismissing mark nash’s c

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Courts Service · 2017-07-11 · courts

High Court rejects school board’s challenge to McDonald’s planning permission

high court rejects school board’s challenge to mcdonald’s planning permission the declined quash an bord pleanála’s decision grant for a drive-through restaurant near temple carrig secondary school, finding no legal error on grounds argued. [2017] iehc 452 has rejected judicial review brought by boa

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Courts Service · 2017-07-11 · courts

Supreme Court judge backs limits on appeals of trial findings

supreme court judge backs limits on appeals of trial findings justice john macmenamin agreed with the chief that appellate courts are bound by judges’ factual when those rest cogent evidence, subject to a high threshold for non-engagement essential evidence. has reaffirmed an appeal is judge’s fact

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Courts Service · 2017-07-11 · courts

Hotel wins security for costs order against Brazilian former employee

hotel wins security for costs order against brazilian former employee the high court ordered in a personal injuries appeal, citing enforcement difficulties linked to plaintiff’s residence brazil. appeal itself was not decided. [2017] iehc 446 has worker who now lives brazil provide her planned of fa

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Courts Service · 2017-07-11 · courts

Supreme Court restores dismissal of Templeville cable claim in Leopardstown dispute

supreme court restores dismissal of templeville cable claim in leopardstown dispute the held that appeal had exceeded its role by revisiting a trial judge’s credibility finding. it set aside court’s orders and affirmed high counterclaim. has allowed club limited’s with developments limited philip sm

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Courts Service · 2017-07-11 · courts

High Court refuses solicitors’ bid to strike out €190,460.71 claim

high court refuses solicitors’ bid to strike out €190,460.71 claim the found leonard kinsella’s pleadings disclosed a reasonable cause of action and declined dismiss case under its inherent jurisdiction. it made no ruling on claim’s merits. [2017] iehc 450 has refused an application by five solicito

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Courts Service · 2017-07-11 · courts

High Court grants Revenue summary judgments against two men over estimated tax debts

high court grants revenue summary judgments against two men over estimated tax debts the said assessments had become final and conclusive after did not appeal, leaving it legally required to grant despite concern that sums never been tested. [2017] iehc 445 granted for commissioners annino forte cor

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Courts Service · 2017-07-11 · courts

High Court refuses late appeals over Finn Valley Oil judgment and costs

high court refuses late appeals over finn valley oil judgment and costs the declined to extend time for two by cathal mccrudden, finding no sufficient basis reopen earlier orders or challenge a later order. [2017] iehc 448 has refused mccrudden’s applications appeal 2007 debt subsequent circuit orde

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Courts Service · 2017-07-11 · courts

High Court refuses injunction to stop sale of Dublin 4 investment property

high court refuses injunction to stop sale of dublin 4 investment property the assumed there was a fair issue try over how receiver appointed, but refused interim relief because damages could compensate owner if he later succeeded. [2017] iehc 471 court, chancery has an application by john nolan for

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Courts Service · 2017-07-11 · courts

High Court grants summary judgment to solicitors for taxed fees

high court grants summary judgment to solicitors for taxed fees mr h’s allegations and asserted oral fee cap did not disclose an arguable defence the debt claim, ruled. [2017] iehc 451 granted kent carty against h arising from family proceedings, plus interest. it rejected his request have claim sen

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Courts Service · 2017-07-11 · courts

High Court orders payment of €352,446 debt and sale of eight Laois land folios if unpaid

high court orders payment of €352,446 debt and sale eight laois land folios if unpaid the granted a well-charging order over interests in nine folios, but deferred any possible claimed family home left final form to further hearing. [2017] iehc 461 has ordered jim smith pay quinns baltinglass limite

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Courts Service · 2017-07-11 · courts

High Court dismisses 1987 rape claim as outside limitation period

high court dismisses 1987 rape claim as outside limitation period the held that a personal injury begun in 2015 was barred by applicable two-year time limit. it did not decide defendant’s alternative allegations or other procedural objections. [2017] iehc 449 dismissed woman’s alleging july 1987, fi

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Courts Service · 2017-07-11 · courts

High Court declares grain transfer by farmer void as fraudulent conveyance

high court declares grain transfer by farmer void as fraudulent conveyance the found that transferring to a newly formed company was intended defeat or delay creditor. it granted declaration sought under land and conveyancing law reform act 2009. [2017] iehc 460 has declared of from jim smith he co-

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Courts Service · 2017-07-10 · courts

High Court awards two Wicklow councillors €20,000 each over council press release

high court awards two wicklow councillors €20,000 each over council press release the allowed appeals against dismissal of their defamation claims, finding falsely blamed them for a €200,000 loss and portrayed concerns as irresponsible. [2017] iehc 459 on circuit, eastern county circuit councillors’

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Courts Service · 2017-07-10 · courts

High Court awards €824,794 to officer excluded from promotion process while on maternity leave

high court awards €824,794 to officer excluded from promotion process while on maternity leave the award was for loss of earnings in a judicial review concerning commandant. declined hear separate claim general damages these proceedings. [2017] iehc 453 {'name': 'high court', 'location': none} award

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Courts Service · 2017-07-10 · courts

High Court finds no defence to €671,097.14 loan claim

high court finds no defence to €671,097.14 loan claim the ruled that acc management limited was entitled summary judgment against oliver and margaret kelly. supplied extract states entitlement but does not include a separate formal order. [2017] iehc 454 for kelly kelly, finding they had advanced tw

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Courts Service · 2017-07-10 · courts

High Court dismisses challenge to An Bord Pleanála’s refusal to consider compost facility expansion

high court dismisses challenge to an bord pleanála’s refusal consider compost facility expansion the upheld board’s decision dismiss appeal concerning a proposed at larchill farm, relying on earlier planning decisions about existing and need for environmental assessments. [2017] iehc 458 has dismiss

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Courts Service · 2017-07-07 · courts

High Court finds both defendants liable after RIB crash injured teenager

high court finds both defendants liable after rib crash injured teenager the awarded €69,319.86 to a passenger when boat hit railway bridge near athlone. it left costs and form of order for later consideration. [2017] iehc 470 has found two in negligence rigid inflatable (rib) crashed into athlone j

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Courts Service · 2017-07-07 · courts

High Court dismisses appeal over Wicklow land enforcement order

high court dismisses appeal over wicklow land enforcement order the upheld orders to remove a gate, shed, stored materials and vehicles, restore land. it left final costs decision for further submissions. [2017] iehc 480 has dismissed an by three respondents against county council concerning vehicle

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Courts Service · 2017-07-07 · courts

High Court upholds Dublin Airport Authority’s title to McCabe’s field

high court upholds dublin airport authority’s title to mccabe’s field the found mark monks had not established adverse possession of land. it granted four forms relief, while leaving form a further order and handling trespass damages for later consideration. [2017] iehc 440 has ruled that did establ

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Courts Service · 2017-07-07 · courts

High Court sets aside order requiring witness to testify for Israeli proceedings

high court sets aside order requiring witness to testify for israeli proceedings the ruled that courts had not requested irish assistance and found examination oppressive ahead of an imminent arbitration hearing. [2017] iehc 444 set james greaney give evidence in ireland two civil cases israel, find

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Courts Service · 2017-07-07 · courts

Court of Appeal cuts sentences for offences committed when appellant was 15

court of appeal cuts sentences for offences committed when appellant was 15 the reduced effective term to 18 months, with final six months suspended, citing appellant’s age and mitigation. sentence imposed on j. h. four sexual he 15, setting an 18-month suspended 12 conditions. had pleaded guilty co

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Courts Service · 2017-07-07 · courts

High Court refuses challenge to Kildare waste permit refusal after later permit made case moot

high court refuses challenge to kildare waste permit refusal after later made case moot the said dispute ended when david boylan limited obtained a in august 2016 complying with conditions. it refused company’s remaining relief and awarded costs county council. [2017] iehc 481 has limited’s council’

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Courts Service · 2017-07-07 · courts

High Court finds property manager 20% liable for Lusk man’s hand injury

high court finds property manager 20% liable for lusk man’s hand injury the attributed 80% of responsibility to plaintiff, who knew apartment entrance door was faulty, and assessed his apportioned award at €15,604.16. [2017] 9571 p found fisher management limited responsible a in an accident involvi

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Courts Service · 2017-07-07 · courts

Court of Appeal dismisses challenge to violent disorder conviction

court of appeal dismisses challenge to violent disorder conviction the rejected four grounds over garda recognition evidence, a remark jury, judge’s response jury question and access records. it affirmed conviction; separate sentence was not addressed in this judgment. 22/2017 has dismissed declan t

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Courts Service · 2017-07-06 · courts

Court orders care for child until 18, with review and safeguards for parents

court orders care for child until 18, with review and safeguards parents the district made a order under section 18(1)(c) of act 1991 after both accepted they could not currently their son. it rejected request three-year set november 2018. [2017] iedc 17 court, dublin metropolitan ordered that young

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Courts Service · 2017-07-06 · courts

Court of Appeal upholds finding that Limerick Prison governor detained man unlawfully

court of appeal upholds finding that limerick prison governor detained man unlawfully the dismissed governor’s over a five-day remand after district judge refused to accept man’s offer change his plea. it said criminal case remained unresolved and outlined how could resume. [2017] ieca 218 has priso

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Courts Service · 2017-07-06 · courts

High Court refuses Irish Life bid to dismiss three delayed policy claims

high court refuses irish life bid to dismiss three delayed policy claims the found had been inordinately and inexcusable, but ruled that balance of justice favoured letting them proceed. [2017] iehc 469 has refused assurance plc’s application policyholders’ over changes their lifesaver plan cover, f

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Courts Service · 2017-07-06 · courts

High Court strikes out claims over seized wine and company’s dissolution

high court strikes out claims over seized wine and company’s dissolution the dismissed proceedings brought by a former company director, finding belonged to dissolved that against five defendants were also defeated inordinate inexcusable delay. [2017] iehc 439 has struck arnaud d. gaultier detained

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Courts Service · 2017-07-06 · courts

Court of Appeal dismisses appeal over explosives conviction

court of appeal dismisses over explosives conviction the rejected challenges to a garda search warrant, dna evidence and sufficiency linking samuel devlin detonator cord found in hotel suite. has dismissed devlin’s against his for possessing suspicious circumstances, leaving place six-year prison se

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Courts Service · 2017-07-06 · courts

Court of Appeal allows Dormers to amend claim against AIB

court of appeal allows dormers to amend claim against aib the allowed an refusal pleadings and strike out action, but did not decide whether breached settlement agreement or dormers’ allegations were true. [2017] ieca 199 has paul gerard dormer’s orders refusing them permission their allied irish ba

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Courts Service · 2017-07-05 · courts

High Court refuses bank bid to dismiss Mrs Coyne’s damages claim

high court refuses bank bid to dismiss mrs coyne’s damages claim the held that could proceed separately from an earlier judgment on loan debt, while making no findings allegations against or its former branch manager. [2017] iehc 435 has dismissed danske bank’s application strike out a brought by ma

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Courts Service · 2017-07-04 · courts

High Court refuses barrister’s bid to represent defendants without a solicitor

high court refuses barrister’s bid to represent defendants without a solicitor the rejected an application let direct-access counsel come on record in contentious land dispute, finding rules did not permit alone conduct case. [2017] iehc 646 {'name': 'high court', 'jurisdiction': 'ireland'} refused

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Courts Service · 2017-07-04 · courts

High Court says breath-test instructions did not require Garda evidence of 20-minute check in this case

high court says breath-test instructions did not require garda evidence of 20-minute check in this case a consultative stated, the said district should proceed on basis that arresting formed lawful opinion. it left two general questions about roadside testing unanswered. [2017] iehc 442 has prosecut

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Courts Service · 2017-07-04 · courts

High Court dismisses most of McMahons’ claims against Bank of Scotland

high court dismisses most of mcmahons’ claims against bank scotland the allowed one claim about a receiver’s appointment over ballyjamesduff property to proceed, after acknowledged an interest-rate calculation error. it also imposed filter on new proceedings concerning properties or loans. [2017] ie

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Courts Service · 2017-07-04 · courts

High Court dismisses appeal over Carlow home possession order

high court dismisses appeal over carlow home possession order justice noonan upheld the circuit court’s after finding start mortgages’ registered charge established its title to mortgage. [2017] iehc 433 of ireland has dismissed an by vincent kavanagh against a granting mortgages limited property at

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Courts Service · 2017-07-04 · courts

Court of Appeal dismisses DPP bid to increase drug and assault sentences

court of appeal dismisses dpp bid to increase drug and assault sentences the called overall sentence “very lenient indeed” but ruled it did not meet legal threshold for intervention. has dismissed a director public prosecutions application review imposed on marcus gantley, finding they were very und

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Courts Service · 2017-07-04 · courts

High Court grants summary judgment for €1.9m after loan-transfer and interest-rate challenges

high court grants summary judgment for €1.9m after loan-transfer and interest-rate challenges the ruled that loan could be transferred found interest charged followed facility terms. lender waived claims default a disputed calculation amount. [2017] iehc 432 court, commercial granted cheldon propert

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Courts Service · 2017-07-03 · courts

Court of Appeal increases sentences after shotgun fired near gardaí

court of appeal increases sentences after shotgun fired near gardaí the ruled that original terms for two men were significantly unduly lenient, then imposed reduced taking account mitigation and time already served. increased prison mark loughlin philip perry finding firearms offences lenient. allo

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Courts Service · 2017-07-03 · courts

Supreme Court rules against sentence credit for not giving false evidence

supreme court rules against sentence credit for not giving false evidence the answered a certified sentencing question director of public prosecutions, holding that an accused’s decision to give at trial is mitigation. answer did alter existing outcome perry wharrie’s appeal. [2017] iesc 047 has rul

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Courts Service · 2017-07-03 · courts

Court of Appeal quashes Tadgh Butler’s murder conviction over jury-direction error

court of appeal quashes tadgh butler’s murder conviction over jury-direction error the found trial judge should have explained that revised account could not be considered without sworn evidence. it left question a retrial for later consideration. has quashed after finding told him his stabbing by j

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Courts Service · 2017-07-03 · courts

High Court dismisses appeal over valuation process in personal insolvency case

high court dismisses appeal over valuation process in personal insolvency case the held that practitioner moved to an expert appointed by service before properly trying agree independent with creditor. [2017] iehc 437 on circuit, midlands county of offaly has dismissed a debtor’s used proposed arran

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Courts Service · 2017-07-03 · courts

Supreme Court rejects bid to reopen surrender case against Thomas O’Connor

supreme court rejects bid to reopen surrender case against thomas o’connor the dismissed an application set aside its earlier ruling, while leaving o’connor’s brexit argument for a high hearing. has march 2017 decision in proceedings concerning his united kingdom under european arrest warrant (eaw).

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