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Courts Service · 2017-10-31 · courts

High Court upholds possession order over Galway home; stay still to be considered

high court upholds possession order over galway home; stay still to be considered the dismissed a borrower’s appeal against circuit orders, including of property, but said it would hear further submissions on possible enforcement. [2017] iehc 803 has upheld orders granting aib mortgage bank and alli

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Courts Service · 2017-10-31 · courts

High Court dismisses challenge to rejection of Albanian man’s asylum appeal

high court dismisses challenge to rejection of albanian man’s asylum appeal the found no legal error in refugee appeals tribunal’s decision, including its treatment applicant’s social-group claims and his account father’s death. [2017] iehc 746 dismissed an judicial review a tribunal decision reject

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Courts Service · 2017-10-31 · courts

High Court dismisses challenge to rejection of Zimbabwean woman’s asylum claim

high court dismisses challenge to rejection of zimbabwean woman’s asylum claim the found tribunal was not required authenticate political documents that conflicted with applicant’s account and were readily verifiable. [2017] iehc 750 has dismissed a refugee appeals decision rejecting her claim, find

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Courts Service · 2017-10-31 · courts

High Court rejects solicitor’s jurisdiction challenge in disciplinary appeal

high court rejects solicitor’s jurisdiction challenge in disciplinary appeal the held that statutory could not accommodate jurisdictional arguments and solicitor had waived them by taking part hearing without seeking judicial review. [2017] iehc 643 has rejected barry sheehan’s attempt to pursue cha

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Courts Service · 2017-10-31 · courts

High Court lets event organiser’s solicitors come off record in injury claim

high court lets event organiser’s solicitors come off record in injury claim the granted motion after insurer said it would no longer provide an indemnity because a €2,500 excess had not been paid. agreed to meet plaintiff’s costs date and costs. [2017] iehc 804 has allowed acting for organiser pers

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Courts Service · 2017-10-31 · courts

District Court orders long-term care for child, with parental progress review

district court orders long-term care for child, with parental progress review the made a order until child turns 18 after finding it necessary child’s and protection, directed reviews case re-entry safeguards. [2017] iedc 08 (an chúirt dúiche) young reaches 18, that an under section 18(1)(b) (c) of

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Courts Service · 2017-10-31 · courts

Court of Appeal dismisses challenge to six sexual assault convictions

court of appeal dismisses challenge to six sexual assault convictions the held that complainant had been comprehensively cross-examined and questions about her memory credibility were for jury. dismissed f.c.’s against his conviction on counts assault, ruling trial was fair cross-examined. a central

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Courts Service · 2017-10-27 · courts

Court of Appeal upholds visa refusal quashing but removes reconsideration order

court of appeal upholds visa refusal quashing but removes reconsideration order the upheld high court’s decision to quash minister’s a nigerian national david nwoke, vacated direction reconsider his application because had become moot. [2017] ieca 281 minister for justice and equality’s grant nwoke

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Courts Service · 2017-10-27 · courts

Court of Appeal dismisses witness protection participant’s appeal against State

court of appeal dismisses witness protection participant’s against state the upheld high court’s rejection david mooney’s claim over his treatment in garda security programme, while leaving open whether gardaí owed him a duty care. [2017] ieca 277 has dismissed decision rejecting for damages program

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Courts Service · 2017-10-27 · courts

High Court refuses Mongans family’s bid to add discrimination claims to housing case

high court refuses mongans family’s bid to add discrimination claims housing case the extended time for amendment application but refused proposed new grounds, finding they would amount a different case. underlying judicial review was not decided in this judgment. [2017] iehc 709 an by traveller fam

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Courts Service · 2017-10-27 · courts

High Court upholds possession order but stays it for six months

high court upholds possession order but stays it for six months the dismissed eric and sharon mallon’s appeal against permanent tsb’s order, while pausing complete to give them time consider insolvency process. [2017] iehc 837 has upheld an granting tsb of home in mullingar, stayed allow mr justice

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Courts Service · 2017-10-27 · courts

High Court refuses challenge to deportation order and dismisses custody proceedings

high court refuses challenge to deportation order and dismisses custody proceedings the held that a deadline could be specified in an accompanying notice found applicant was lawful custody. it refused judicial review relief on merits. [2017] iehc 718 deandra gayle’s her dismissed article 40 proceedi

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Courts Service · 2017-10-27 · courts

Court of Appeal dismisses mother and daughter’s appeal over deportation injunction

court of appeal dismisses mother and daughter’s over deportation injunction the upheld refusal to restrain deportation, finding orders had not been challenged applicants shown exceptional circumstances. [2017] ieca 284 dismissed an by anonymised her minor daughter against prevent their deportation.

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Courts Service · 2017-10-27 · courts

Court of Appeal dismisses challenge to refusal to revoke deportation orders

court of appeal dismisses challenge to refusal revoke deportation orders the held that child’s right education did not entitle her remain in ireland and minister was required assess case separately from mother’s. [2017] ieca 284 dismissed an by kra minor daughter, bma, against orders. constitutional

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Courts Service · 2017-10-27 · courts

High Court awards applicants one third of costs after delayed immigration decision

high court awards applicants one third of costs after delayed immigration decision the found that delay was not adequately explained, but considered judicial review proceedings somewhat precipitous. it awarded their costs. [2017] iehc 801 thomas ben sekoni and his infant daughter in a case became mo

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Courts Service · 2017-10-27 · courts

High Court quashes visa refusals after finding wrong EU dependency test was applied

high court quashes visa refusals after finding wrong eu dependency test was applied the found that minister used a too demanding when refusing entry applications by two pakistani relatives of citizens. it quashed decisions, without deciding applicants had established or directing visas be granted. [

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Courts Service · 2017-10-27 · courts

High Court refuses challenge to denial of costs in child care proceedings

high court refuses challenge to denial of costs in child care proceedings the held that district acted within its jurisdiction when it refused a parent’s application; remedy was an appeal, not judicial review. [2017] iehc 838 has review by r.t. decision denying her legal from involving newborn daugh

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Courts Service · 2017-10-27 · courts

Appeal court says Minister misapplied constitutional rights in Gorry residence case

appeal court says minister misapplied constitutional rights in gorry residence case the of found legal errors minister’s assessment an irish citizen’s marriage and choice residence, but said did not need to be sent back for reconsideration after couple separated. [2017] ieca 282 has ruled that justi

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Courts Service · 2017-10-27 · courts

Court of Appeal quashes refusal to revoke deportation order after constitutional rights were misassessed

court of appeal quashes refusal to revoke deportation order after constitutional rights were misassessed the set aside minister’s 2015 decision but left in force. couple may make a fresh application, which must be assessed under law out this judgment and related case. [2017] ieca 280 quashed refusin

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Courts Service · 2017-10-27 · courts

High Court authorises adoption of 17-year-old despite birth mother’s objection

high court authorises adoption of 17-year-old despite birth mother’s objection the found c. understood application and wanted to be adopted by her foster parents, who had cared for since she was about nine months old. [2017] iehc 679 authorised authority ireland make an order in favour parents dispe

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Courts Service · 2017-10-27 · courts

High Court strikes out Swords’ claim against AIB over €40,000 guarantee dispute

high court strikes out swords’ claim against aib over €40,000 guarantee dispute the ruled that a new bank and leasing could not be used to revisit an earlier summary judgment disputed guarantee. [2017] iehc 708 has struck henry plc ltd, ruling proceedings disclosed no reasonable cause of action were

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Courts Service · 2017-10-27 · courts

High Court quashes refusal to let woman withdraw guilty plea after judge’s sentencing comments

high court quashes refusal to let woman withdraw guilty plea after judge’s sentencing comments the found trial unsolicited presented applicant with a stark choice that was not adequately considered when her request refused. [2017] iehc 802 quashed circuit ruling refused an permission plea, finding d

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Courts Service · 2017-10-27 · courts

Court of Appeal upholds order quashing immigration decision in Gorry case

court of appeal upholds order quashing immigration decision in gorry case the found minister had not assessed couple’s constitutional rights lawfully, but, following their separation, did send application back for reconsideration. [2017] ieca 282 upheld an justice and equality’s to refuse revoke a d

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Courts Service · 2017-10-27 · courts

High Court orders return of child to England and Wales after wrongful removal

high court orders return of child to england and wales after wrongful removal the granted lancashire county council’s hague convention application, finding that mother’s objection did not establish a grave risk harm. arrangements implement were left for further submissions. [2017] iehc 678 has order

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Courts Service · 2017-10-26 · courts

Court of Appeal dismisses guarantor’s challenge to £9.4m summary judgment

court of appeal dismisses guarantor’s challenge to £9.4m summary judgment the upheld a commercial order in favour national asset loan management, finding no arguable defence claim on grounds pursued appeal. [2017] ieca 283 has dismissed michael breslin’s against requiring him pay £9,397,725.60 manag

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Courts Service · 2017-10-26 · courts

High Court restrains HSE from retiring addiction specialist pending trial

high court restrains hse from retiring addiction specialist pending trial the judge found dr paul quigley had a strong case that his 2001 employment terms allowed him to continue working beyond 65, but left underlying dispute for trial. [2017] iehc 654 granted an interlocutory injunction restraining

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Courts Service · 2017-10-26 · courts

Court of Appeal refuses to halt planned deportation pending appeal

court of appeal refuses to halt planned deportation pending the found constitutional arguable but said it would not affect validity order, and that could proceed through applicant’s lawyers after his removal. [2017] ieca 286 has refused an injunction stop j.a., identified in judgment as being from c

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Courts Service · 2017-10-26 · courts

Court of Appeal orders liability retrial in child’s radiator injury case and reduces damages to €25,000

court of appeal orders liability retrial in child’s radiator injury case and reduces damages to €25,000 the set aside high court’s negligence finding because it relied on an unpleaded theory defendants had no chance answer. reduced award directed a only. [2017] ieca 278 has that john walsh darren we

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Courts Service · 2017-10-26 · courts

Court of Appeal overturns orders requiring NALM to pay Middleview’s accounting costs

court of appeal overturns orders requiring nalm to pay middleview’s accounting costs the held that restoration legislation did not allow high resolve parties’ dispute over audit fees as part restoring dissolved company. [2017] ieca 290 allowed national asset loan management ltd’s against it some mid

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Courts Service · 2017-10-26 · courts

High Court orders solicitor to explain €636,000 in payments in divorce case

high court orders solicitor to explain €636,000 in payments divorce case an interlocutory hearing, the ordered affidavit addressing concerns about legal-fee and rejected requests for transcripts of two sets hearings. [2017] iehc 655 has a wife proceedings provide explaining related matters, after ju

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Courts Service · 2017-10-26 · courts

Court of Appeal quashes late Revenue assessment against Robert Stanley

court of appeal quashes late revenue assessment against robert stanley the allowed stanley’s appeal, ruling that his cat return triggered a four-year limit on revenue’s assessment. it did not decide disputed tax amount or whether later share transaction was disposal for purposes. [2017] ieca 279 has

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Courts Service · 2017-10-25 · courts

District Court discharges girl’s 14-day mental health detention order

district court discharges girl’s 14-day mental health detention order the found that child was not suffering from a disorder under act at time of hearing. it did decide validity original order. 2017 iedc 18 dublin metropolitan discharged an detaining 2001 after hearing updated medical evidence she w

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Courts Service · 2017-10-25 · courts

High Court rules pension assets did not automatically pass to bankruptcy official

high court rules pension assets did not automatically pass to bankruptcy official the said assignee could exercise certain options for creditors, but needed a separate order receive annuity income directly. [2017] iehc 653 ruled that linked former bankrupt’s personal vest in assignee, and any future

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Courts Service · 2017-10-25 · courts

High Court grants summary judgment over tax settlement debt

high court grants summary judgment over tax settlement debt the refused to send revenue commissioners’ claim a plenary hearing, finding that defendant had not advanced an argument justifying one. [2017] iehc 639 has granted in by collector general recover under agreement concerning unpaid taxes. mr

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Courts Service · 2017-10-25 · courts

High Court dismisses appeal in mortgage possession case

high court dismisses appeal in mortgage possession case the found that bank’s acknowledged settlement agreement was unsupported by consideration and borrowers had not shown reliance sufficient to establish an estoppel. [2017] iehc 615 has dismissed reginald teresa hayes against order granting aib ba

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Courts Service · 2017-10-25 · courts

High Court refuses contractor’s bid to dismiss Aviva flood claim

high court refuses contractor’s bid to dismiss aviva flood claim the found disputed factual and legal questions about timing validity of an assignment, ruled that was not shown be bound fail at this stage. [2017] iehc 614 has refused a application insurer’s over damage clothing shop, finding facts u

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Courts Service · 2017-10-25 · courts

Court of Appeal cuts personal injury award by €30,000, upholds lost earnings

court of appeal cuts personal injury award by €30,000, upholds lost earnings the reduced damages for pain and suffering from €90,000 to €60,000, while leaving high court’s loss-of-earnings awards intact. [2017] ieca 274 awarded hany boles after a workplace injury, but upheld past future loss earning

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Courts Service · 2017-10-25 · courts

High Court restricts June Smith’s farm litigation and disqualifies her McKenzie Friend

high court restricts june smith’s farm litigation and disqualifies her mckenzie friend the refused two motions in a dispute over former farm, made wider leave requirement for future proceedings about land barred william murphy from assisting litigants without president of court’s consent. [2017] ieh

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Courts Service · 2017-10-25 · courts

High Court refuses last-minute bid to halt removal to Cyprus

high court refuses last-minute bid to halt removal cyprus the found judicial review case arguable but declined an injunction, citing timing, proposed destination and public interest in border control. [2017] iehc 691 refused injunction sought by moeen akram stop his from state after he was entry at

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Courts Service · 2017-10-25 · courts

Court of Appeal quashes subsidiary protection refusal over country of origin

court of appeal quashes subsidiary protection refusal over country origin the held that a decision-maker who recorded an applicant as cameroonian national had to assess his claim by reference cameroon. it did not decide whether he was in fact or stateless. [2017] ieca 273 has quashed decision refusi

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Courts Service · 2017-10-24 · courts

High Court refuses UCC request to narrow discovery in flood damages case

high court refuses ucc request to narrow discovery in flood damages case the said had not provided sufficiently detailed evidence that complying with an existing order would be disproportionate. quantum proceedings, including discovery, were stayed pending appeal on liability. [2017] iehc 599 has re

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Courts Service · 2017-10-24 · courts

High Court grants Bank of Ireland judgment in €970,000 loan claim

high court grants bank of ireland judgment in €970,000 loan claim the found borrowers had no bona fide defence to repayment and said was entitled for amount claimed. [2017] iehc 600 has granted governor company a against patrick angela mcmahon, finding they claim. states that “in claimed”; it does n

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Courts Service · 2017-10-24 · courts

Appeal court sets aside six-week suspension of veterinary surgeon

appeal court sets aside six-week suspension of veterinary surgeon the held that council had no power to increase recommended censure under law applicable disciplinary proceedings. it invited counsel address orders be made. [2017] ieca 272 has set ireland’s decision suspend lucian podariu for six wee

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Courts Service · 2017-10-24 · courts

Court of Appeal allows limited claim for personal property to proceed

court of appeal allows limited claim for personal property to proceed the held that most dominic carney’s claims against a receiver should have been raised in earlier circuit proceedings. it allowed only narrowly defined concerning listed assets continue. [2017] ieca 295 has dismissed dismissal his

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Courts Service · 2017-10-24 · courts

Appeal court cuts sentences for three one-off child sexual assaults

appeal court cuts sentences for three one-off child sexual assaults the of quashed counts after finding that aggravating factors may have been counted twice, but kept consecutive and affirmed four-year post-release supervision period. appeal; from central criminal reduced assault against girls, twic

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Courts Service · 2017-10-24 · courts

High Court sets aside possession order after EBS omits loan documents needed for review

high court sets aside possession order after ebs omits loan documents needed for review the allowed borrowers’ appeal to extent that circuit could not stand on material before it. it did determine whether mortgage terms were unfair. [2017] iehc 604 would allow a against trevor kenehan and bernadette

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Courts Service · 2017-10-24 · courts

High Court affirms possession order over Limerick dwelling

high court affirms possession order over limerick dwelling the dismissed patrick keogh’s appeal, finding circuit had jurisdiction because mortgaged property was his principal private residence. [2017] iehc 601 has affirmed a granting haven mortgages ltd of in ballintaw, athlacca, county limerick, an

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Courts Service · 2017-10-24 · courts

High Court refuses challenge to Meath repossession proceedings

high court refuses challenge to meath repossession proceedings the rejected a borrower’s judicial review circuit proceedings, finding no basis quash possession decision. [2017] iehc 791 has refused karl o’daly’s application decision in brought by ebs mortgage finance, that his grounds for had merit.

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Courts Service · 2017-10-24 · courts

High Court refuses challenge to UK asylum transfer decision

high court refuses challenge to uk asylum transfer decision the refused declarations sought by an anonymised family, finding tribunal’s consideration of children’s interests and medical report did not justify setting aside its decision. [2017] iehc 613 has family’s request quash a transferring their

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Courts Service · 2017-10-24 · courts

High Court dismisses challenge to refusal of Romanian pension applicant’s claim

high court dismisses challenge to refusal of romanian pension applicant’s claim the rejected a judicial review decision that national did not have right reside in ireland for purpose claiming non-contributory state pension. [2017] iehc 602 dismissed national’s application overturn refusing his (non-

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Courts Service · 2017-10-24 · courts

Supreme Court dismisses appeal against extradition order for Patrick Lee

supreme court dismisses appeal against extradition order for patrick lee the held that ireland’s territoriality bar did not prevent to united states, but left precise form of its further submissions. has dismissed lee’s an committing him prison pending holding apply offences alleged in his case. it

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Courts Service · 2017-10-24 · courts

Supreme Court divided over redress award linked to transfer to non-scheduled nursing home

supreme court divided over redress award linked to transfer non-scheduled nursing home in a dissenting judgment, o’donnell j said the 2002 scheme did not cover injuries suffered outside its schedule. majority reached different conclusion; appeal was allowed. allowed jgh’s decision on scope of reside

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Courts Service · 2017-10-24 · courts

Supreme Court allows appeal over compensation for injuries after transfer to non-covered nursing home

supreme court allows appeal over compensation for injuries after transfer to non-covered nursing home the held that foreseeable suffered a claimant left scheduled institution may be compensable under residential institutions redress act 2002. it directed review committee reconsider amount of compens

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Courts Service · 2017-10-23 · courts

Court of Appeal suspends remaining sentence for Limerick robbery appellant

court of appeal suspends remaining sentence for limerick robbery appellant the kept a six-year backdated to 21 may 2015, but suspended entire balance from 14 november 2017 after finding that original gave insufficient credit mitigation and rehabilitation prospects. 168/2016 has replaced imposed on y

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Courts Service · 2017-10-23 · courts

Court of Appeal dismisses challenge to four-year net sentence for six offences

court of appeal dismisses challenge to four-year net sentence for six offences the found concurrent sentences reasonable and proportionate, despite concerns about how original six-year term was explained. has dismissed matthew connick’s against severity imposed offences, finding custodial four years

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Courts Service · 2017-10-20 · courts

High Court strikes out most claims against Riverwalk landowner but leaves negligence issue for trial

high court strikes out most claims against riverwalk landowner but leaves negligence issue for trial the found that michael ryan could not proceed on pleaded facts, said disputed evidence about his alleged control of common areas prevented striking entire action at this stage. [2017] iehc 607 has ru

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Courts Service · 2017-10-20 · courts

Court of Appeal dismisses challenge to Cavan property possession order

court of appeal dismisses challenge to cavan property possession order the ruled that borrowers could not rely on a cancellation notice first served after high hearing, and said consumer rules they invoked did apply loan. [2017] ieca 271 has dismissed patrick brady margaret brady’s against granting

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Courts Service · 2017-10-20 · courts

High Court refuses J.A. stay on deportation while Article 40 appeal is prepared

high court refuses j.a. stay on deportation while article 40 appeal is prepared [2017] iehc 611 the has refused to halt of a cameroonian man identified as he prepares an concerning lawfulness his detention. had brought proceedings under 40.4 constitution, procedure used challenge allegedly unlawful

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Courts Service · 2017-10-20 · courts

High Court seeks more information on Maghaberry strip searches before deciding surrender

high court seeks more information on maghaberry strip searches before deciding surrender the found a real risk linked to entry and exit from prison, but made no final decision requested further information. [2017] iehc 598 has postponed its request united kingdom after finding that evidence about at

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Courts Service · 2017-10-20 · courts

Court of Appeal rejects Vytautas Dunauskis challenge to German European Arrest Warrant

court of appeal rejects vytautas dunauskis challenge to german european arrest warrant [2017] ieca 266 the has dismissed dunauskis’s an order for his surrender germany under a issued by public prosecutor in lubeck. arose from high decision march 23, 2017 rejecting objections surrender. principal leg

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Courts Service · 2017-10-20 · courts

High Court refuses to halt prosecution over 18-year delay

high court refuses to halt prosecution over 18-year delay the accepted there had been prosecutorial but found it was not clear that accused’s defence would inevitably be prejudiced. refused prohibit trial. [2017] iehc 638 has an application stop a for two alleged sexual assaults, despite accepting c

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Courts Service · 2017-10-20 · courts

High Court upholds Louth council’s reduced contribution for unsold houses

high court upholds louth council’s reduced contribution for unsold houses the ruled that mccaughey homes remained liable to both county council and irish water parts of a planning contribution, limited amendment 30 houses. [2017] iehc 635 upheld order reducing development on in 43-home scheme, but d

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Courts Service · 2017-10-20 · courts

High Court raises provisional hepatitis C compensation award to €185,000

high court raises provisional hepatitis c compensation award to €185,000 the appeal concerned for decompensated cirrhosis and its probable consequences. varied while affirming other terms. [2017] iehc 696 increased a n.c. from €150,000 after allowing her against decision of hiv tribunal. was brought

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Courts Service · 2017-10-20 · courts

High Court refuses to set aside renewal of hip implant injury summons

high court refuses to set aside renewal of hip implant injury summons the left in place orders renewing a personal against stryker ireland limited and permitting duplicate be sealed served. [2017] iehc 637 has refused limited’s application allowing ruling leaves those place; it does not decide under

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Courts Service · 2017-10-20 · courts

Court rejects challenge to Lithuanian prosecutor’s power to issue European arrest warrant

court rejects challenge to lithuanian prosecutor’s power issue european arrest warrant [2017] ieca 267 of appeal the has rejected tomas lisauskas’s his proposed surrender lithuania stand trial for armed robbery. central was whether lithuania’s prosecutor general could lawfully a even though, under c

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Courts Service · 2017-10-20 · courts

High Court grants summary judgment for €236,748.85 in Tallaght rent dispute

high court grants summary judgment for €236,748.85 in tallaght rent dispute the ruled that a tenant’s complaints about security and antisocial behaviour did not establish defence to landlords’ claim unpaid rent. [2017] iehc 636 granted of six companies receivership over from retail unit at belgard s

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Courts Service · 2017-10-20 · courts

High Court raises compensation award to €125,000 in hepatitis C appeal

high court raises compensation award to €125,000 in hepatitis c appeal the allowed an over amount awarded after claimant’s condition progressed cirrhosis, while leaving other terms of tribunal’s place. [2017] iehc 703 increased a from €115,000 allowing by woman identified judgment only as p.b. conce

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Courts Service · 2017-10-19 · courts

Court of Appeal dismisses appeals over Roy Collins murder convictions

court of appeal dismisses appeals over roy collins murder convictions the found that special criminal was entitled to rely on evidence before it, despite challenges witness credibility, forensic findings and trial’s fairness. has dismissed by wayne dundon nathan killeen against their for collins, fi

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Courts Service · 2017-10-19 · courts

High Court rejects bid for public submissions at substitute-consent leave stage

high court rejects bid for public submissions at substitute-consent leave stage the refused applications by an taisce and peter sweetman over bord pleanála’s refusal to accept before deciding whether a quarry operator could apply substitute consent. [2017] iehc 634 has challenging preliminary of pro

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Courts Service · 2017-10-19 · courts

Revenue wins appeal over deduction of NPPR charge from rental income

revenue wins appeal over deduction of nppr charge from rental income the court ruled that on six properties was imposed by statute, not levied a local authority, so it could be deducted under relevant tax provision. [2017] ieca 264 has taxpayer deduct non-principal private residence (nppr) for purpo

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Courts Service · 2017-10-19 · courts

High Court refuses mediation adjournment and sets timetable in Kilkenny rents dispute

high court refuses mediation adjournment and sets timetable in kilkenny rents dispute the declined to pause proceedings for mediation, citing lack of exchanged pleadings progress injunction application. it set deadlines hearing dates move case forward. [2017] iehc 854 refused an application adjourn

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Courts Service · 2017-10-19 · courts

High Court upholds mortgage despite solicitor’s later folio amendment

high court upholds mortgage despite solicitor’s later folio amendment the found kevin dempsey was bound by his authority to former solicitors and ordered specific performance, with a trustee appointed sign documents needed register lender’s first mortgage. [2017] iehc 596 has ruled that signed devel

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Courts Service · 2017-10-18 · courts

High Court quashes refusal of costs in childcare case and orders fresh consideration

high court quashes refusal of costs in childcare case and orders fresh consideration the found that district judge had taken applicant’s unsuccessful legal aid application into account, then sent issue back to court. it did not award itself. [2017] iehc 633 quashed a decision refusing mother her pro

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Courts Service · 2017-10-18 · courts

Supreme Court dismisses Patrick Reen’s appeal over delayed judicial review

supreme court dismisses patrick reen’s appeal over delayed judicial review the upheld high court’s dismissal of challenge to earlier property and probate decisions, finding claims were brought far out time not a substitute for appeals. has dismissed against his proceedings concerning decisions dispu

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Courts Service · 2017-10-18 · courts

Supreme Court orders retrial over disputed Butler settlement clause

supreme court orders retrial over disputed butler settlement clause the directed a new high trial on whether 2008 bound michael and william included default clause. it dismissed their appeals against later judgment enforcement orders, subject to that retrial. has ordered determine between crohan o’s

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Courts Service · 2017-10-18 · courts

Supreme Court increases cattle valuation award but removes €25,000 distress damages

supreme court increases cattle valuation award but removes €25,000 distress damages the dismissed most of department’s appeal and farmer’s cross-appeal, restoring €20,000 to setting aside for distress, upset inconvenience. varied a high arising from department agriculture’s failure return 223 john h

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Courts Service · 2017-10-18 · courts

Supreme Court dismisses bid to remove two judges from Butler appeals

supreme court dismisses bid to remove two judges from butler appeals the rejected appellants’ recusal application, finding their stated grounds had no substance. it did not decide underlying over a €653,832 judgment and disputed settlement order. dismissed an application by michael william have remo

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Courts Service · 2017-10-18 · courts

High Court grants summary judgments totalling €7.96m in three loan cases

high court grants summary judgments totalling €7.96m in three loan cases the entered judgment for promontoria (aran) limited debt recovery proceedings, excluding a disputed current-account claim from one case and refusing stay pending financial services ombudsman complaints. [2017] iehc 592 €7,959,0

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Courts Service · 2017-10-17 · courts

High Court refuses CED Construction’s request for interim costs payment

high court refuses ced construction’s request for interim costs payment the held it had power to order a before taxation, but refused application because found responsible delay taxation summons was issued. [2017] iehc 603 c.e.d. construction limited’s on account of legal costs, finding that company

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Courts Service · 2017-10-17 · courts

High Court dismisses third challenge to Dublin home repossession order

high court dismisses third challenge to dublin home repossession order the held that eu-law arguments could have been raised in earlier proceedings and unfair terms directive did not require an exception finality this case. [2017] iehc 685 dismissed patrick cronin’s set of seeking prevent enforcemen

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Courts Service · 2017-10-17 · courts

High Court allows most amendments in deportation challenge, keeps removal stay in place

high court allows most amendments in deportation challenge, keeps removal stay place the granted leave to pursue judicial review of a second ministerial decision and allowed further affidavit, while excluding two proposed grounds about original order. [2017] iehc 690 has y.y. amend challenge order,

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Courts Service · 2017-10-17 · courts

Court of Appeal dismisses challenge to convictions for rape and sexual assault

court of appeal dismisses challenge to convictions for rape and sexual assault the held that credibility disputes were jury found no basis interfere with its verdicts. has dismissed r.s.’s against on 25 counts assault, holding jury’s assessment complainants’ was it make evidence not tenuous. r.s. co

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Courts Service · 2017-10-17 · courts

High Court dismisses bid to restrain deportation pending third revocation application

high court dismisses bid to restrain deportation pending third revocation application the refused a substantive injunction sought by nigerian national facing deportation, finding that revoke order did not itself prevent deportation. [2017] iehc 682 dismissed judicial review proceedings seeking of wh

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Courts Service · 2017-10-17 · courts

High Court refuses Dublin City Council leave to appeal planning judgment

high court refuses dublin city council leave to appeal planning judgment the said earlier did not raise a point of law exceptional public importance, as required for an under legislation. [2017] iehc 608 has refused concerning unauthorised awnings and street furniture licence, finding that proposed

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Courts Service · 2017-10-13 · courts

Court of Appeal makes no costs order after mixed success in RAC Contractors appeals

court of appeal makes no costs order after mixed success in rac contractors appeals the left high court’s place while sending accommodation damages assessment back for fresh determination. [2017] ieca 262 made as to and affirmed three cases involving workers companies trading and/or eire partnership

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Courts Service · 2017-10-13 · courts

Court of Appeal rejects bid to identify PR consultancy’s client in defamation case

court of appeal rejects bid to identify pr consultancy’s client in defamation case the upheld limits on discovery sought by denis o’brien, while allowing communications concerning dossier or redacted protect client’s identity. [2017] ieca 258 has rejected o’brien’s seeking identity who instructed pu

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Courts Service · 2017-10-13 · courts

High Court declines wasted-costs order against new solicitors in file-transfer dispute

high court declines wasted-costs order against new solicitors in file-transfer dispute the refused to make a gary matthews solicitors, but ordered plaintiffs pay sweeney solicitors’ costs of motion. their files were transferred after an undertaking was agreed with claim finance. [2017] iehc 667 decl

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Courts Service · 2017-10-13 · courts

High Court applies special environmental costs rules to permit challenge

high court applies special environmental costs rules to permit challenge the ruled that judicial review of offaly county council’s waste decision met statutory threshold for treatment, based on pleaded purpose, affidavit evidence and applicant’s financial circumstances. [2017] iehc 606 has provision

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Courts Service · 2017-10-13 · courts

Allergan liable for janitor’s back injury after blue-pallet marks and excessive overtime

allergan liable for janitor’s back injury after blue-pallet marks and excessive overtime the high court found two breaches of duty contributed to making pre-existing spinal changes symptomatic, while holding worker partly responsible chronic pain that followed. [2017] iehc 577 pharmaceuticals irelan

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Courts Service · 2017-10-13 · courts

High Court dismisses challenge to refusal of permanent residence

high court dismisses challenge to refusal of permanent residence the found that evidence before minister did not support required five years qualifying residence. it said applicant could raise new with separately. [2017] iehc 590 has dismissed a nigerian national’s decision he had no right in irelan

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Courts Service · 2017-10-13 · courts

Court of Appeal rejects bid to revive dispute over Tipperary farm

court of appeal rejects bid to revive dispute over tipperary farm the upheld dismissal thomas kennedy’s proceedings as an abuse process and confirmed that he must obtain leave before bringing further concerning lands. [2017] ieca 285 has rejected against a at killkilahara, thurles, order requiring h

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Courts Service · 2017-10-13 · courts

High Court refuses to set aside EBS default judgment against Ann Dempsey

high court refuses to set aside ebs default judgment against ann dempsey the found that summons had been served and proposed defences ebs’s €860,485.75 claim did not have a real chance of success. [2017] iehc 576 has refused dempsey’s application 2014 in favour limited for plus €384 costs. mr justic

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Courts Service · 2017-10-13 · courts

High Court refuses challenge to four-year term imposed after suspended sentence was revoked

high court refuses challenge to four-year term imposed after suspended sentence was revoked the refused certiorari over remand and revocation orders, finding applicant’s case had reached finality before statutory provisions were later struck down. [2017] iehc 794 has an application by dean o’mahony

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Courts Service · 2017-10-13 · courts

Court of Appeal dismisses four appeals in ACC Bank litigation

court of appeal dismisses four appeals in acc bank litigation the upheld a correction to an earlier order, refused vat invoice request, and left place orders striking out proceedings restricting further claims. [2047] ieca 261 dismissed arising from disputes between borrowers aidan cunniffe, rita cu

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Courts Service · 2017-10-13 · courts

High Court refuses judicial review of care-proceedings costs decisions

high court refuses judicial review of care-proceedings costs decisions the found no basis to two district refusals award an applicant in interim care proceedings, and said he could appeal later decision circuit court. [2017] iehc 842 refused application for challenging that denied proceedings. mr ju

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Courts Service · 2017-10-13 · courts

Court of Appeal dismisses challenge to sentence for assault on pregnant partner

court of appeal dismisses challenge to sentence for assault on pregnant partner the described as lenient and declined interfere. appellant’s concurrent three-year sentences, with final year suspended, remained in place. has dismissed an against severity a man’s causing harm threatening kill his form

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Courts Service · 2017-10-12 · courts

Court of Appeal dismisses Marta Herda’s appeal against murder conviction

court of appeal dismisses marta herda’s against murder conviction the rejected all grounds and left in place her life sentence for 2013 drowning death a man arklow harbour. appeal; from at central criminal has dismissed murder, rejecting leaving place. herda was convicted by jury on 28 july 2017 mur

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Courts Service · 2017-10-12 · courts

High Court refuses challenge to Apple data centre planning permission

high court refuses challenge to apple data centre planning permission the found brian mcdonagh lacked standing and had failed disclose material interests when seeking judicial review of for phase 1 a near athenry. [2017] iehc 586 has refused mcdonagh’s application apple’s development athenry, findin

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Courts Service · 2017-10-12 · courts

High Court rejects tenant’s appeal against termination notice

high court rejects tenant’s appeal against termination notice the dismissed on points of law, finding that tenancy tribunal had lawfully accepted landlords’ stated need for dwelling. [2017] iehc 578 has declined all relief sought by a tenant challenging residential tenancies board determination endi

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Courts Service · 2017-10-12 · courts

High Court refuses bid to strike out two grounds in shareholder oppression case

high court refuses bid to strike out two grounds in shareholder oppression case the said disputed pleas could be relevant claims about participation, directors’ good faith and changes company’s business, but did not decide whether those were true or establish oppression. [2017] iehc 589 has refused

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Courts Service · 2017-10-12 · courts

High Court rejects challenge to Apple data centre permission

high court rejects challenge to apple data centre permission the refused a judicial review of an bord pleanála’s for first phase near athenry, finding that environmental assessment adequately considered permitted project and, so far as practicable, wider masterplan. [2017] iehc 585 has brought by si

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Courts Service · 2017-10-12 · courts

Court of Appeal dismisses solicitor firm’s bid to strike out mortgage dispute claim

court of appeal dismisses solicitor firm’s bid to strike out mortgage dispute claim the held that margaret hosey’s negligence and breach duty against weldon & co. should proceed a full hearing, without deciding whether disputed allegations are true. [2017] ieca 257 appeal; from high has dismissed de

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Courts Service · 2017-10-12 · courts

High Court rejects Vivier Mortgages appeal for summary possession of Cork property

high court rejects vivier mortgages appeal for summary possession of cork property [2017] iehc 605 on circuit the has rejected an attempt by limited to obtain in co after finding that important disputes over mortgage required a full hearing. michael lehane had borrowed £21,000 from wise company sept

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Courts Service · 2017-10-11 · courts

High Court refuses late challenge to HSE child abuse finding

high court refuses late challenge to hse child abuse finding the said applicant’s lack of awareness appeal body’s decision did not meet rules for extending judicial review time limit. it decide underlying challenge. [2017] iehc 582 refused an application extend confirming a that allegation sexual ag

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Courts Service · 2017-10-11 · courts

High Court quashes prison discipline decision over withheld CCTV footage

high court quashes prison discipline decision over withheld cctv footage the found prisoner should have been allowed to view and comment on relied by governor, remitted matter for a fresh decision. [2017] iehc 581 has quashed governor’s that breached receiving contraband during visit, ruling he at h

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Courts Service · 2017-10-11 · courts

High Court removes €60 weekly maintenance payment in judicial separation appeal

high court removes €60 weekly maintenance payment in judicial separation appeal the otherwise affirmed circuit order, adding that both parents must be advised about children’s medical and educational matters. [2017] iehc 575 has removed a to respondent while affirming order after de novo hearing. ap

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Courts Service · 2017-10-11 · courts

High Court orders sale of Cavan property to enforce neighbours’ debt, with nine-month stay

high court orders sale of cavan property to enforce neighbours’ debt, with nine-month stay the granted a well charging order and an for after finding no good reason refuse enforcement admitted debt. is stayed nine months. [2017] iehc 584 has ordered in county debt owed by one couple their neighbours

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Courts Service · 2017-10-11 · courts

High Court quashes Dublin City Council order for Carman’s Hall homeless facility

high court quashes dublin city council order for carman’s hall homeless facility the found had materially contravened its development plan by failing to assess whether could add an undue concentration of services. it did not rule that itself breached plan. [2017] iehc 544 quashed council’s authorisi

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Courts Service · 2017-10-10 · courts

High Court sends Havbell’s €967,275 claim against James Walsh (Auto Electrical) to plenary hearing

high court sends havbell’s €967,275 claim against james walsh (auto electrical) to plenary hearing the declined let havbell enter summary judgment, finding that its evidence did not sufficiently establish entitlement enforce loan. [2017] iehc 572 has sent limited’s for €967,275.63 limited a hearing,

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Courts Service · 2017-10-10 · courts

High Court grants Ennis Property summary judgment in loan debt case

high court grants ennis property summary judgment in loan debt case the refused to send lender’s claim a plenary hearing, finding that borrower’s asserted defences did not meet threshold for leave defend. [2017] iehc 573 granted finance dac its against raymond murphy, declining hearing. mr justice m

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Courts Service · 2017-10-10 · courts

High Court orders costs against O’Sullivan after failed shareholder application

high court orders costs against o’sullivan after failed shareholder application the rejected two arguments for departing from usual rule that follow event, following a separate judgment in which o’sullivan’s was unsuccessful. [2017] iehc 571 has ordered patrick to pay rejecting his request each side

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Courts Service · 2017-10-10 · courts

High Court dismisses appeal over student grant top-up

high court dismisses appeal over student grant top-up the held that 2016 scheme required an eligible welfare payment on 31 december 2015. student’s mother was receiving illness benefit date. [2017] iehc 562 dismissed a against refusal of special-rate maintenance grant, holding social specified shane

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Courts Service · 2017-10-10 · courts

High Court orders removal of caution over Cork lands ahead of court sale

high court orders removal of caution over cork lands ahead sale the found no evidence supporting mr wymes’s on folio 28285 and directed its removal. a separate was expected to be removed without intervention. [2017] iehc 574 has ordered property registration authority remove registered by wymes agai

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Courts Service · 2017-10-10 · courts

High Court refuses to dismiss Monasterevin sewage flooding claim over delay

high court refuses to dismiss monasterevin sewage flooding claim over delay the found some inexcusable but ruled balance of justice favoured allowing proceed, with no demonstrated real risk an unfair trial. [2017] iehc 790 has refused kildare county council’s appeal have a at home dismissed for dela

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Courts Service · 2017-10-10 · courts

High Court sends dispute over Revenue repayment arrangement to plenary hearing

high court sends dispute over revenue repayment arrangement to plenary hearing the found no arguable defence unappealed income tax assessments, but said disputed claims about a schedule and interest calculation warranted further proceedings. [2017] iehc 631 has directed that an alleged between docto

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Courts Service · 2017-10-10 · courts

High Court dismisses challenge to refusal of second protection application

high court dismisses challenge to refusal of second protection application the rejected s.j.’s argument that minister could not rely on an earlier adverse credibility finding when considering her request apply again for subsidiary protection. [2017] iehc 591 dismissed judicial review justice and equ

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Courts Service · 2017-10-09 · courts

Appeal court keeps prison terms but suspends final 15 months of two sentences

appeal court keeps prison terms but suspends final 15 months of two sentences the re-sentenced martin stokes after finding an error in trial judge’s failure to consider suspending part his recognition rehabilitation progress. kept imposed on for aggravated burglary, false imprisonments and assaults,

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Courts Service · 2017-10-09 · courts

High Court finds teacher abused former pupil and awards €210,000

high court finds teacher abused former pupil and awards €210,000 the found a school liable alongside teacher, but dismissed claim that catholic church representative was vicariously liable. [2017] iehc 559 has groomed sexually by chaplain while she schoolgirl, awarding her €200,000 in damages €10,00

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Courts Service · 2017-10-09 · courts

Court of Appeal reduces cocaine sentence from 10 years to six

court of appeal reduces cocaine sentence from 10 years to six the found that original did not give sufficient weight appellant’s mitigating circumstances and resentenced him years, with final 18 months suspended. reduced ibrahim lawel’s for his role in receiving a parcel years’ imprisonment it an er

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Courts Service · 2017-10-06 · courts

High Court raises loss of society award to €120,000 for daughter who lost her father

high court raises loss of society award to €120,000 for daughter who lost her father the allowed an appeal against a hepatitis c and hiv compensation tribunal award, replacing €50,000 with €120,000. it said sum covered suffered date expected continue. [2017] iehc 4 has increased woman’s father’s fro

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Courts Service · 2017-10-06 · courts

High Court rejects Craig Lee challenge to duplicate road traffic proceedings after Shannon arrest

high court rejects craig lee challenge to duplicate road traffic proceedings after shannon arrest [2017] iehc 629 the has rejected lee’s brought his at airport, despite fact that summonses for same alleged offences had already been issued. faced allegations arising from an incident waterrock, midlet

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Courts Service · 2017-10-06 · courts

High Court dismisses appeal over RTB decision in Saggart tenancy dispute

high court dismisses appeal over rtb decision in saggart tenancy dispute the rejected three legal challenges to a tribunal determination, including arguments about stepchild exemption and registration. [2017] iehc 557 has dismissed an by amy hyland against determination concerning her occupation of

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Courts Service · 2017-10-06 · courts

Court of Appeal rejects Dunnes’ bid to block Tallaght car park development

court of appeal rejects dunnes’ bid to block tallaght car park development the upheld landlords’ right redevelop shopping centre’s common areas, while ruling that a licence held by dunnes could not be revoked during term leases which it was attached. [2017] ieca 256 has rejected stores dublin compan

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Courts Service · 2017-10-06 · courts

High Court finds An Post liable for workplace bullying after employee was left to ‘ride out the storm’

high court finds an post liable for workplace bullying after employee was left to ‘ride out the storm’ found that failed address colleagues’ repeated exclusion of catherine hurley, which it said contributed injury her health. assessment damages remains unresolved. [2017] iehc 568 has experienced by

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Courts Service · 2017-10-06 · courts

District Court finds UK courts better placed to hear child care case

district court finds uk courts better placed to hear child care case the found that a hearing could provide specific added value, but adjourned remaining article 15 inquiry and made no transfer order in this decision. [2017] iedc 21 (an chúirt dúiche) has united kingdom are concerning identified as

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Courts Service · 2017-10-06 · courts

High Court refuses challenge to naturalisation refusal over undisclosed traffic fines

high court refuses challenge to naturalisation refusal over undisclosed traffic fines the held that minister could consider applicant’s failure disclose earlier when assessing good character. it denied judicial review and did not decide whether applicant had committed an offence under citizenship le

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Courts Service · 2017-10-06 · courts

High Court rules it cannot extend deadline for RTB appeal

high court rules it cannot extend deadline for rtb appeal the held that an from tribunal determination had to be brought within 21 days and dismissed late appeal. [2017] iehc 556 has ruled no power 21-day appealing a residential tenancies board (rtb) determination, as out of time. in judgment delive

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Courts Service · 2017-10-06 · courts

High Court says mistaken disqualification warning did not justify dismissing refusal charge

high court says mistaken disqualification warning did not justify dismissing refusal charge in a consultative case stated, the answered district judge’s question negative. it ruled that garda’s inaccurate description of possible driving was no basis law to dismiss charge. [2017] iehc 628 has an abou

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Courts Service · 2017-10-06 · courts

High Court dismisses challenge to father’s deportation order

high court dismisses challenge to father’s deportation order the rejected family’s grounds for judicial review and released state from its undertaking not deport father. it did make a new order. [2017] iehc 652 dismissed made against chinese national convicted of several criminal offences, an him. i

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Courts Service · 2017-10-06 · courts

High Court refuses to dismiss woman’s claim over alleged disclosure of her address

high court refuses to dismiss woman’s claim over alleged disclosure of her address the held that factual and legal questions should be resolved at trial, declined strike out this stage. [2017] iehc 565 has refused a personal injury alleging garda data about was improperly disclosed summons server ac

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Courts Service · 2017-10-05 · courts

High Court sends dispute over €4,000 injury settlement to plenary hearing

high court sends dispute over €4,000 injury settlement to plenary hearing the could not decide on affidavit evidence whether an insurer’s allegedly incomplete explanation of a claimant’s options affected validity early settlement. [2017] iehc 566 has left unresolved eileen ryan’s personal claim can

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Courts Service · 2017-10-05 · courts

High Court protects Channel 4’s anonymous sources in Ryanair defamation case

high court protects channel 4’s anonymous sources in ryanair defamation case the refused ryanair’s request to inspect documents protected by journalistic privilege, while ordering fuller descriptions and a solicitor’s affidavit for covered legal professional privilege. [2017] iehc 651 has over which

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Courts Service · 2017-10-05 · courts

High Court refuses UPC bid to quash tribunal’s decision to hear dismissal claim

high court refuses upc bid to quash tribunal’s decision hear dismissal claim the left in place employment appeals preliminary ruling that ann marie ryan’s unfair could proceed. itself remains undecided. [2017] iehc 567 has refused communications ireland limited’s application an tribunal addressed a

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Courts Service · 2017-10-05 · courts

High Court refuses to halt B. O’S. trial over alleged historic sexual offences

high court refuses to halt b. o’s. trial over alleged historic sexual offences [2017] iehc 687 the has refused stop prosecution of against two sisters dating from between 1967 and 1974. o’s., then aged 71, faced 15 indecent assault charges concerning one complainant, d, 14 her younger sister, s. he

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Courts Service · 2017-10-05 · courts

High Court allows €4,524 VAT credit against Revenue claim, defers final order

high court allows €4,524 vat credit against revenue claim, defers final order a judge found that thomas doyle had submitted leasing-related returns within the four-year limit, but rejected his other claimed offsets. left for further hearing after interest is recalculated. [2017] iehc 788 has allowed

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Courts Service · 2017-10-05 · courts

High Court says personal insolvency practitioner must bring appeal over rejected debt arrangement

high court says personal insolvency practitioner must bring appeal over rejected debt arrangement the upheld a bank’s preliminary objection that debtor’s was improperly constituted, but reserved whether could be substituted as appellant. [2017] iehc 558 on circuit, northern county of monaghan has ru

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Courts Service · 2017-10-05 · courts

High Court orders solicitors to give particulars on jointly owned assets in Maye dispute

high court orders solicitors to give particulars on jointly owned assets in maye dispute justice mcdermott refused most of anne maye’s requests for further details her negligence claim against byrne wallace and kieran duggan, but directed a property-by-property reply about advice survivorship. [2017

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Courts Service · 2017-10-04 · courts

Court of Appeal orders new damages hearing over construction workers’ accommodation

court of appeal orders new damages hearing over construction workers’ accommodation the upheld repayment laundry deductions and high court’s courts act interest order, but said employers could charge for accommodation. it sent question back a rehearing. [2017] ieca 252 has ordered rehearing to deter

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Courts Service · 2017-10-04 · courts

High Court dismisses challenge to refusal to revoke father’s deportation order

high court dismisses challenge to refusal revoke father’s deportation order the held that child’s birth was only new factor since order, and found no basis overturn minister’s later decision. [2017] iehc 681 has dismissed a judicial review against michael igbosonu, holding decision did not warrant c

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Courts Service · 2017-10-04 · courts

High Court requests England and Wales take jurisdiction in child care case

high court requests england and wales take jurisdiction in child care case the found english courts better placed to hear proceedings decided that requesting a transfer was child’s best interests. decision does not itself determine where she will live. [2017] iehc 684 of ireland has requested assume

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Courts Service · 2017-10-04 · courts

Circuit Family Court rejects challenge to scope of marriage-of-convenience law

circuit family court rejects challenge to scope of marriage-of-convenience law the ruled that amended civil registration act can apply an intended marriage between a non-eu foreign national and irish citizen. it left substantive issue for later hearing. [2017] iecc 2 court, midland circuit, county r

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Courts Service · 2017-10-04 · courts

Court of Appeal orders examiner appointments for seven companies in €684m debt dispute

court of appeal orders examiner appointments for seven companies in €684m debt dispute the allowed companies’ and dismissed deutsche bank’s cross appeal, finding reasonable prospects survival directing that examiners be appointed. it did not decide whether any future rescue scheme should approved. [

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Courts Service · 2017-10-04 · courts

Court of Appeal refuses Denis Casey’s bid to add to its judgment

court of appeal refuses denis casey’s bid to add its judgment the declined revisit june 2017 judgment, saying casey could raise alleged omission in an application supreme court. 2016 no. 244 appeal, criminal has refused asking it or amplify his appeal. said proposed addition would require and that d

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Courts Service · 2017-10-04 · courts

Court of Appeal orders examiner for seven Barrett group companies

court of appeal orders examiner for seven barrett group companies the allowed four companies’ appeals and dismissed deutsche bank’s cross-appeal, finding that all met survival test. it did not decide whether any future rescue scheme would be fair or should approved. [2017] ieca 247 has ordered appoi

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Courts Service · 2017-10-04 · courts

High Court adjourns Irish Asphalt winding-up petition over impact on planned trial

high court adjourns irish asphalt winding-up petition over impact on planned trial the said concessions by petitioner had not sufficiently addressed effects of a order asphalt’s defence in related proceedings. was later withdrawn with consent all parties. [2017] iehc 555 adjourned to wind up limited

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Courts Service · 2017-10-04 · courts

Court of Appeal dismisses challenge to receiver’s handling of company property

court of appeal dismisses challenge to receiver’s handling company property the upheld high court’s refusal an application under section 316, finding no evidence that applicant was unfairly prejudiced in his capacities as creditor, member or director. [2017] ieca 254 has by brian cunningham and keel

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Courts Service · 2017-10-03 · courts

High Court finds delay breached rule on bringing accused before court

high court finds delay breached rule on bringing accused before the said two should have appeared at start of district sitting, but did not by itself remove court’s jurisdiction to hear their cases. [2017] iehc 627 found that gardaí failed comply with a statutory requirement bring its sitting after

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Courts Service · 2017-10-03 · courts

High Court dismisses Quinn Insurance directors’ challenge to Central Bank inquiry

high court dismisses quinn insurance directors’ challenge to central bank inquiry the held judicial review applications were out of time and refused an extension, while also addressing other grounds for challenging inquiry. [2017] iehc 546 has dismissed by liam mccaffrey kevin lunney a ireland into

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Courts Service · 2017-10-03 · courts

High Court says medical registration case has no statutory right to a private hearing

high court says medical registration case has no statutory right to a private hearing the ruled that practitioners act does not authorise on council’s application confirm cancellation. it left open whether could be heard privately under court’s common law power. [2017] iehc 548 2007 gives express or

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Courts Service · 2017-10-03 · courts

High Court grants AIB summary judgment against second borrower for €2.51m

high court grants aib summary judgment against second borrower for €2.51m the rejected borrower’s arguments that first facility debt was not established and bank barred from enforcing it. a separate no longer part of application. [2017] iehc 626 has granted allied irish banks plc leave to enter will

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Courts Service · 2017-10-03 · courts

High Court strikes out solicitor’s appeal over disciplinary tribunal’s estoppel ruling

high court strikes out solicitor’s appeal over disciplinary tribunal’s estoppel ruling the held that preliminary decision did not trigger a statutory while its misconduct inquiry remained unfinished. [2017] iehc 547 struck purported against by solicitors tribunal, finding no right of had arisen beca

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Courts Service · 2017-10-02 · courts

Children Court rejects bid to dismiss charges against teenager in special care

children court rejects bid to dismiss charges against teenager in special care the found anonymised child guilty of specified charges, declined impose custody at this stage and proposed a welfare conference before adjourning proceedings. [2017] iedc 12 – dublin metropolitan district rejected defence

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Courts Service · 2017-10-02 · courts

High Court refuses father’s bid to have child returned to Illinois

high court refuses father’s bid to have child returned illinois the found father had no custody rights under hague convention when was brought ireland, and that longer child’s habitual residence by time later could arisen. [2017] iehc 843 court, family law has refused an application for return of hi

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Courts Service · 2017-10-02 · courts

Court of Appeal says cohabitation claim needs two continuous years before relationship ends

court of appeal says cohabitation claim needs two continuous years before relationship ends the answered legal questions in a high case stated, but left factual question whether parties met that test for judge. [2017] ieca 255 has ruled person seeking relief as qualified cohabitant with dependent ch

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Courts Service · 2017-10-02 · courts

High Court refuses Paula Roarty’s bid to set aside €898,981 bank judgment

high court refuses paula roarty’s bid to set aside €898,981 bank judgment the found no real prospect of success in second defendant’s proposed defence and refused her motion reopen default judgment. [2017] iehc 789 has application a €898,981.13 obtained by governor company ireland after appearance w

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