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Courts Service · 2017-11-30 · courts

High Court rejects challenge to order surrendering Marques to US

high court rejects challenge to order surrendering marques us ms justice donnelly refused leave seek judicial review, finding the minister did not have obtain dpp’s reasons for declining prosecute and had given sufficient ordering extradition. [2017] iehc 717 {'name': 'high court', 'jurisdiction': '

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Courts Service · 2017-11-30 · courts

Council liable after tenant slipped on wet porch tiles

council liable after tenant slipped on wet porch tiles the high court found that a tenant’s exposed were unsuitable for conditions and breached council’s duties. it awarded €105,650 in damages. [2017] iehc 722 held sligo county thomas keegan at entrance to his cranmore home, fracturing left ankle. m

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Courts Service · 2017-11-30 · courts

Supreme Court set date to declare asylum work ban inconsistent with Constitution

supreme court set date to declare asylum work ban inconsistent with constitution the said it would make declaration on 9 february after giving state a brief period take measures considered necessary. ruled out further hearings or monitoring of state’s progress. that prohibition people in system work

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Courts Service · 2017-11-30 · courts

Court of Appeal cuts cannabis sentence from eight years to six

court of appeal cuts cannabis sentence from eight years to six the found original 12-year headline too severe, quashed and resentenced appellant, suspending final 18 months. reduced peng fei he’s for a offence six, finding that was severe. in judgment delivered on 30 november 2017, imposed by senten

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Courts Service · 2017-11-30 · courts

High Court refuses challenge to Carrigarierk wind farm permission

high court refuses challenge to carrigarierk wind farm permission the held that planning board lawfully assessed project’s environmental effects and refused applicants’ judicial review relief. [2017] iehc 716 {'name': 'high court'} has nine an bord pleanála’s decision grant for a five-turbine at hil

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Courts Service · 2017-11-30 · courts

Waterford court grants safety order for mother and sets two-hour weekly access for father

waterford court grants safety order for mother and sets two-hour weekly access father the district found a history of violence against a.p. granted her through 29 november 2020. it also ordered joint two children, with possible increases described as anticipated rather than ordered. court, area city

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Courts Service · 2017-11-29 · courts

Court of Appeal reduces damages award in car collision injury case

court of appeal reduces damages award in car collision injury case the upheld high court’s causation findings but found its general excessive, proposing a reduced total €68,886.11. [2017] ieca 309 finding that anna fogarty’s right elbow and shoulder injuries were caused by 2011 collision, was excess

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Courts Service · 2017-11-29 · courts

High Court dismisses appeal over proposed personal insolvency arrangement

high court dismisses appeal over proposed personal insolvency arrangement the found arrangement’s financial basis unclear, questioned whether debtor’s business could sustain it and said means available had not all been brought into account. [2017] iehc 785 on circuit dismissed an by a debtor seeking

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Courts Service · 2017-11-29 · courts

Court of Appeal sets aside negligence finding in Clonmel road collision case

court of appeal sets aside negligence finding in clonmel road collision case the allowed driver’s appeal, set high order and dismissed proceedings, no proper evidential basis for negligence. it did not decide separate appeals about damages or costs. [2017] ieca 308 has a that bill tuohy was partly r

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Courts Service · 2017-11-29 · courts

High Court refuses IBRC request to question Catriona Fitzpatrick before trial

high court refuses ibrc request to question catriona fitzpatrick before trial the found proposed questions about her awareness and intention claim a beneficial interest were too complex unclear for interrogatories. underlying dispute remains be determined. [2017] iehc 715 has refused irish bank reso

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Courts Service · 2017-11-28 · courts

High Court refuses injunction in solicitor’s redundancy dispute

high court refuses injunction in solicitor’s redundancy dispute the found claim was essentially statutory origin and did not meet threshold for an employment injunction. it ordered this case earlier action to be heard together, but consolidated. [2017] iehc 713 has refused sought by a solicitor stop

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Courts Service · 2017-11-28 · courts

Court of Appeal rules suspended detention sentence for child was beyond Circuit Court’s power

court of appeal rules suspended detention sentence for child was beyond circuit court’s power the answered a consultative case stated in negative, holding that neither section 99 nor children act 2001 authorised partial suspension. it did not decide whether portion could be activated. [2017] ieca 31

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Courts Service · 2017-11-28 · courts

High Court quashes warrant issued by court official for unpaid fine

high court quashes warrant issued by official for unpaid fine the ruled that a nominee of carlow county registrar had no authority to issue committing man prison without bringing him back before judge. [2017] iehc 714 quashed led ignatius forde’s arrest and detention over an €39,527.32 fine, ruling

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Courts Service · 2017-11-28 · courts

Court of Appeal dismisses Stephen Cahoon’s appeal against murder conviction

court of appeal dismisses stephen cahoon’s against murder conviction the upheld trial judge’s decision to admit witness james casey’s statements under section 16, while leaving their weight jury. has dismissed his for 2008 jean quigley, finding that judge was entitled made by casey 16 criminal justi

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Courts Service · 2017-11-27 · courts

Court of Appeal removes retest requirement after four-year driving ban

court of appeal removes retest requirement after four-year driving ban the quashed and reimposed sentence for careless causing serious bodily harm, retaining disqualification but dispensing with a competency or fitness certificate at its end. retained taxi driver convicted ruled that he would not ha

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Courts Service · 2017-11-27 · courts

Appeal court allows bankrupt to cross-examine Official Assignee on beliefs in bankruptcy extension case

appeal court allows bankrupt to cross-examine official assignee on beliefs in bankruptcy extension case the of granted leave for sean dunne question about opinions and his affidavits. underlying application extend period remains undecided. [2017] ieca 304 has allowed set out affidavits supporting an

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Courts Service · 2017-11-27 · courts

Court of Appeal dismisses owner’s appeal over motorcycle insurance conviction

court of appeal dismisses owner’s over motorcycle insurance conviction the held that a licence condition and evidence its breach meant certificate did not establish cover for specific ride. was dismissed. [2017] ieca 305 has dismissed an by owner convicted allowing his son to ride without approved p

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Courts Service · 2017-11-27 · courts

Court of Appeal cuts escape sentence to 10 months, concurrent with life term

court of appeal cuts escape sentence to 10 months, concurrent with life term the found original three-year was based on an error principle. it resentenced appellant, saying had already been served. 331 /16 reduced frederick lee’s for escaping from lawful custody run concurrently he continues serve.

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Courts Service · 2017-11-27 · courts

High Court awards €56,600.52 after finding lasting back-pain flare-up following collision

high court awards €56,600.52 after finding lasting back-pain flare-up following collision the found plaintiff’s neck symptoms had largely returned to their pre-accident level by january 2017, while her back remained significantly aggravated. [2017] iehc 724 awarded barbara phillips that a road traff

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Courts Service · 2017-11-27 · courts

Court of Appeal upholds refusal to let parents challenge school attendance convictions

court of appeal upholds refusal to let parents challenge school attendance convictions the found no arguable grounds for judicial review and refused permission add a constitutional education (welfare) act 2000. [2017] ieca 303 has upheld high decision refusing maureen dan arnold leave seek their fai

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Courts Service · 2017-11-24 · courts

High Court prohibits trial of 80-year-old man facing historic indecent assault charges

high court prohibits trial of 80-year-old man facing historic indecent assault charges the cited applicant’s terminal illness, age and exceptional some allegations. it prohibited further proceedings in trial, despite a strong public interest prosecution. [2017] iehc 839 has an charged with assaults

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Courts Service · 2017-11-24 · courts

High Court grants Bank of Ireland Mortgage Bank judgment in mortgage debt claim

high court grants bank of ireland mortgage judgment in debt claim mr justice noonan found the defendants had advanced no arguable defence to for balance remaining after their mortgaged property was sold. [2017] iehc 707 granted its against james martin and deirdre outstanding on a loan, finding that

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Courts Service · 2017-11-24 · courts

High Court orders former trader to seek relevant Citadel records for discovery

high court orders former trader to seek relevant citadel records for discovery the order covers recruitment communications and documents concerning alleged disclosures staff moves. set limits, required reasonable steps data access requests left final form of be settled. [2017] iehc 706 has proposed

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Courts Service · 2017-11-24 · courts

High Court dismisses claim over Tullow paving fall

high court dismisses claim over tullow paving fall the found plaintiff had not established that accident happened as alleged and said that, even if it had, would have been his responsibility. [2017] iehc 720 dismissed a personal injuries against carlow county council on uneven in tullow, finding pro

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Courts Service · 2017-11-24 · courts

High Court dismisses challenge to decision affirming deportation order

high court dismisses challenge to decision affirming deportation order the rejected an applicant’s judicial review minister’s under section 3(11) of immigration act 1999 and discharged injunction restraining deportation. [2017] iehc 725 {'name': 'high court', 'jurisdiction': 'ireland'} dismissed a n

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Courts Service · 2017-11-24 · courts

High Court refuses Irish Nationwide defendant’s bid to add limitation defence

high court refuses irish nationwide defendant’s bid to add limitation defence the found that delay had prejudiced plaintiff’s ability present her case. it refused proposed amendment without deciding whether underlying claim was time-barred. [2017] iehc 710 has a request by defendant in mortgage disp

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Courts Service · 2017-11-24 · courts

High Court refuses late challenge to Waterford draft tree preservation order

high court refuses late challenge to waterford draft tree preservation order the declined extend deadline for john cassidy’s judicial review, finding he had not shown that circumstances causing delay were outside his control. [2017] iehc 711 refused time cassidy bring a review city and county counci

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Courts Service · 2017-11-23 · courts

High Court refuses to strike out ToAZ shareholding conspiracy claim against two defendants

high court refuses to strike out toaz shareholding conspiracy claim against two defendants the rejected an application by eurotoaz and its director end irish proceedings or move him russia, leaving plaintiffs’ allegations be determined later. [2017] iehc 721 of ireland, commercial has refused a brou

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Courts Service · 2017-11-23 · courts

High Court dismisses pub landlord’s proceedings over jurisdiction

high court dismisses pub landlord’s proceedings over jurisdiction the held that a claim concerning tenant’s bid for new tenancy must be dealt with by circuit court. it did not decide whether tenant was entitled to tenancy. [2017] iehc 699 has dismissed property company seeking possession of long sto

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Courts Service · 2017-11-23 · courts

High Court quashes decision cancelling prisoner’s scheduled temporary release

high court quashes decision cancelling prisoner’s scheduled temporary release the found unjust because minister had not shown that concern for safety came within statutory grounds refusing release. it rejected his separate challenge to refusal of enhanced remission. [2017] iehc 805 has quashed a can

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Courts Service · 2017-11-23 · courts

Care order runs until child turns 18, with 12-month review and detailed access directions

care order runs until child turns 18, with 12-month review and detailed access directions the court made a for child’s minority, conditional on her remaining in current placement, directed regular both parents. [2017] iehc 25 dublin metropolitan district she subject to foster ordered of parents’ cir

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Courts Service · 2017-11-23 · courts

High Court refuses Dunnes Stores’ bid to preserve Ashleaf services and delivery access

high court refuses dunnes stores’ bid to preserve ashleaf services and delivery access the rejected an interim injunction application, finding had not shown strong case required for mandatory relief. underlying lease service-charge dispute remains substantive proceedings. [2017] iehc 700 has refused

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Courts Service · 2017-11-23 · courts

High Court finds withholding information offence unconstitutional

high court finds withholding information offence unconstitutional the ruled that section 9(1)(b) of offences against state (amendment) act 1998 infringed right to silence and was impermissibly vague. ruling concerned a constitutional challenge before plaintiff’s criminal trial. [2017] iehc 702 has u

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Courts Service · 2017-11-22 · courts

High Court proposes interim care schedule giving father primary day-to-day care of children

high court proposes interim care schedule giving father primary day-to-day of children the retained joint custody and proposed a timetable based on an expert report, while leaving final order substantive proceedings pending. [2017] iehc 770 has arrangement his two children, both parents retain custo

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Courts Service · 2017-11-22 · courts

High Court refuses challenge to denial of enhanced remission

high court refuses challenge to denial of enhanced remission the rejected a request for garda report and upheld minister’s refusal grant remission, finding seriousness circumstances offence provided sufficient grounds. [2017] iehc 698 has refused prisoner’s application judicial review minister justi

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Courts Service · 2017-11-22 · courts

High Court pauses possession appeal over disputed mortgage charge transfer

high court pauses possession appeal over disputed mortgage charge transfer an interim ruling identified questions about whether a lender could registered before being as its owner. the invited further submissions on referring legal to of appeal; it did not decide or make order. [2017] iehc 697 has i

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Courts Service · 2017-11-21 · courts

High Court refuses residents’ application over Dublin Airport runway condition breach

high court refuses residents’ application over dublin airport runway condition breach the found authority began works before submitting a required waste management plan, but declined to grant any of relief sought under section 160. [2017] iehc 694 has refused for declarations and an order concerning

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Courts Service · 2017-11-21 · courts

High Court dismisses prisoner’s third challenge to detention for maintenance contempt

high court dismisses prisoner’s third challenge to detention for maintenance contempt the rejected b.l.’s article 40 application, finding that he had not established inability pay or a denial of legal representation made his unlawful. [2017] iehc 737 dismissed application under constitution challeng

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Courts Service · 2017-11-21 · courts

High Court dismisses challenge to Corrib gas terminal licence

high court dismisses challenge to corrib gas terminal licence maura harrington’s judicial review of the epa’s 2015 revised was dismissed in full. found she had not established that environmental assessments or decision were unlawful. [2017] iehc 767 ireland has protection agency’s grant shell e. & p

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Courts Service · 2017-11-21 · courts

Supreme Court dismisses appeal in Northumberland Road lease dispute

supreme court dismisses appeal in northumberland road lease dispute the upheld a high decree requiring gerard gannon to take an assignment of jlt financial services’ leasehold interest, after finding parties’ linked property arrangement was partly performed. has dismissed gannon’s against specific p

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Courts Service · 2017-11-20 · courts

High Court keeps injunction protecting Sheehan’s Blackrock Hospital shares

high court keeps injunction protecting sheehan’s blackrock hospital shares the refused breccia’s application to lift an interim order restraining enforcement against joseph loans and security, pending trial of his claims. [2017] iehc 692 (commercial court) has by breccia discharge interlocutory in l

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Courts Service · 2017-11-20 · courts

High Court refuses to remove executrix over estate administration

high court refuses to remove executrix over estate administration the found evidence fell short of threshold for removing estate’s executrix, but said delays were “most unsatisfactory” and an interest query remained outstanding. [2017] iehc 693 has refused application by philip joan davies marian hu

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Courts Service · 2017-11-16 · courts

High Court rules four challenges over delayed costs taxations are moot

high court rules four challenges over delayed costs taxations are moot the declined to hear further disputes after finding requested taxation relief was no longer available, leaving be argued separately. [2017] iehc 840 ruled that judicial review applications arising from delays in taxing medical ne

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Courts Service · 2017-11-16 · courts

Court of Appeal dismisses appeals over warrants for unpaid fines

court of appeal dismisses appeals over warrants for unpaid fines the held that 2014 regime applied to issued after it began, even where and payment deadlines predated it. quashed high court’s direction dpp start section 7 proceedings. [2017] ieca 299 has dismissed by director public prosecutions oth

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Courts Service · 2017-11-16 · courts

High Court refuses challenge to Garda disciplinary inquiry after acquittal

high court refuses challenge to garda disciplinary inquiry after acquittal the held that allegations went beyond issues tried in criminal case and refused requested judicial review relief. [2017] iehc 841 has catherine mcgowan’s a inquiry, finding against her trial which she was acquitted. mr justic

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Courts Service · 2017-11-16 · courts

Court of Appeal dismisses challenge to 13-year sentence for robberies

court of appeal dismisses challenge to 13-year sentence for robberies the found no sentencing error, upholding reactivation suspended terms after later violent offences involving knives. has dismissed alan jones’s against severity his sentence, leaving in place a cumulative term 13 years’ imprisonme

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Courts Service · 2017-11-16 · courts

High Court enters €228,005.36 summary judgment in loan dispute

high court enters €228,005.36 summary judgment in loan dispute a judge found the defendant had not raised bona fide defence to acc management dac’s claim, after considering disputes over term, interest calculations and receiver’s handling of secured properties. [2017] iehc 704 entered against eugene

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Courts Service · 2017-11-16 · courts

High Court dismisses Elliott claim over shop mortgage as time-barred

high court dismisses elliott claim over shop mortgage as time-barred the held that any negligence against an accountant and solicitor accrued by 2004 at latest, more than six years before proceedings began. [2017] iehc 808 dismissed anthony anne elliott’s a professional advice relating to finance fo

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Courts Service · 2017-11-15 · courts

High Court rejects cyclist’s claim over road hole in Clonmel

high court rejects cyclist’s claim over road hole in clonmel the found plaintiff had not proved that alleged fall occurred as described and said that, even if he cycled into hole, responsibility for injury was his. [2017] iehc 705 has rejected a man’s personal injuries against south tipperary county

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Courts Service · 2017-11-15 · courts

High Court orders discovery in bank loan and alleged forgery dispute

high court orders discovery in bank loan and alleged forgery dispute the granted on two motions by borrowers one allied irish banks, finding requested categories relevant necessary. it did not decide whether any signatures were forged or loans mortgages enforceable. [2017] iehc 701 has ordered banks

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Courts Service · 2017-11-15 · courts

Court of Appeal quashes asylum refusal over assessment of country reports and documents

court of appeal quashes asylum refusal over assessment country reports and documents the allowed r.a.’s appeal, finding refugee appeals tribunal had not considered relevant information when assessing his credibility. it did decide whether account was true. [2017] ieca 297 has quashed a decision reje

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Courts Service · 2017-11-15 · courts

Court of Appeal quashes refusal of Nigerian woman’s refugee claim

court of appeal quashes refusal nigerian woman’s refugee claim the found that material credibility concerns had not been put to applicant for a response before her papers-only was refused. [2017] ieca 296 has quashed appeals tribunal decision refusing application status, finding several relied on wi

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Courts Service · 2017-11-15 · courts

High Court rejects challenge to refusal of Nigerian father’s family visa

high court rejects challenge to refusal of nigerian father’s family visa the found that appeal officer had considered proposed conditions and was entitled conclude children would not be compelled leave eu. it denied judicial review relief sought. [2018] iehc 816 has rejected a family’s long-stay for

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Courts Service · 2017-11-15 · courts

Supreme Court dismisses appeal over time limit for Galway housing damage claim

supreme court dismisses appeal over time limit for galway housing damage claim the held that negligence claim’s six-year limitation period began when cracks appeared in houses december 2005, not defective foundations were laid or certified. [2017] iesc 65 of ireland has dismissed an by a consulting

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Courts Service · 2017-11-14 · courts

High Court orders return of two children to Poland, but stays order pending custody proceedings

high court orders return of two children to poland, but stays order pending custody proceedings the found that mother had wrongfully brought ireland without their father’s consent. it made conditional on progress in poland and stayed until january 2018, subject an undertaking. [2017] iehc 689 declar

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Courts Service · 2017-11-14 · courts

High Court orders release of €15m to Point Village developer

high court orders release of €15m to point village developer the ruled that development limited met settlement conditions for €15 million plus interest, and dunnes stores must also €500,000 interest. [2017] iehc 676 has ordered accrued interest limited, finding developer’s receivers had set by a 201

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Courts Service · 2017-11-14 · courts

High Court quashes school enrolment appeal direction over missing selection criteria

high court quashes school enrolment appeal direction over missing selection criteria the upheld finding that st. marnock’s national lacked published for choosing among eligible applicants, but ruled this did not justify recommending a place one child alone. it ordered fresh hearing before newly cons

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Courts Service · 2017-11-14 · courts

Court of Appeal upholds eight-year sentence for Damien Reilly over prolonged sexual abuse of child neighbour

court of appeal upholds eight-year sentence for damien reilly over prolonged sexual abuse child neighbour the has upheld concurrent prison sentences imposed on rape offences committed against a younger several years. pleaded guilty at central criminal to five counts and three assault. occurred betwe

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Courts Service · 2017-11-13 · courts

High Court makes no costs order in judicial review over proposed UK transfer

high court makes no costs order in judicial review over proposed uk transfer the found it more likely than not that applicant received notice of a registered letter but did collect it, and this was disclosed an earlier ex parte application. made as to costs. [2017] iehc 752 concerning anonymised uni

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Courts Service · 2017-11-13 · courts

Court reduces Joseph Berry sentence over €205,100 Enniscorthy ATM theft

court reduces joseph berry sentence over €205,100 enniscorthy atm theft of appeal the has reduced berry’s for his role in a planned and ruled that prison terms must be backdated to date he entered custody germany during extradition proceedings. was part gang stole an containing from mace service sta

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Courts Service · 2017-11-13 · courts

Court of Appeal dismisses Philippe Cauneze’s fifth bid to reopen 2000 sexual assault conviction

court of appeal dismisses philippe cauneze’s fifth bid to reopen 2000 sexual assault conviction the has dismissed attempt under criminal procedure act 1993 challenge his aggravated from march 2000. november 2017 application was third such dealt with by and brought cauneze overall. said history case

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Courts Service · 2017-11-10 · courts

High Court bars receiver appointment over Elphin pub pending trial

high court bars receiver appointment over elphin pub pending trial the found fair questions to be tried a settlement dispute and continued protections for business until proceedings are determined. [2017] iehc 674 court, commercial has restrained ennis property finance designated activity company fr

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Courts Service · 2017-11-10 · courts

High Court refuses to remove accountants from negligence proceedings before trial

high court refuses to remove accountants from negligence proceedings before trial the said disputed evidence about who contracted provide accountancy services must be tested at trial. it did not decide contracting parties were. [2017] iehc 688 has refused an application by three removed professional

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Courts Service · 2017-11-10 · courts

High Court quashes decision to send assault case to Circuit Court after guilty plea

high court quashes decision to send assault case circuit after guilty plea the barred pending trial, but left further issues—including whether applicant awaits sentence in district court—for later submissions. [2017] iehc 729 quashed a judge’s kilkenny for trial on indictment accused had pleaded gui

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Courts Service · 2017-11-10 · courts

High Court refuses Hogan injunctions and grants receiver relief over Thurles property

high court refuses hogan injunctions and grants receiver relief over thurles property the refused raymond hogan’s requests for interim protection concerning two properties granted tom kavanagh’s requested in separate proceedings occupied by paul walsh. [2017] iehc 673 court, chancery applications in

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Courts Service · 2017-11-10 · courts

High Court quashes family’s deportation orders over assessment of parents’ work prospects

high court quashes family’s deportation orders over assessment of parents’ work prospects the found that minister’s analysis did not properly consider self-employment. it decide a separate challenge concerning service on one child. [2017] iehc 745 quashed for two parents and their minor children aft

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Courts Service · 2017-11-10 · courts

High Court quashes deportation orders over failure to assess health impact under Article 8

high court quashes deportation orders over failure to assess health impact under article 8 the found minister’s analysis defective in this case and required a proportionality assessment, while leaving open whether could be made after that assessment. [2017] iehc 719 quashed against mother four child

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Courts Service · 2017-11-10 · courts

High Court orders security for costs in Listowel convent land dispute

high court orders security for costs in listowel convent land dispute a corporate purchaser must provide the defendant trust’s after found it had no assets and trust prima facie defence. amount was left further submissions. [2017] iehc 668 court, chancery has ruled that greenville primary care limit

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Courts Service · 2017-11-10 · courts

High Court orders winding up of SCLAD Construction

high court orders winding up of sclad construction the granted united precast concrete abu dhabi’s petition, finding debt was not disputed in good faith and that insolvent. it left effect on uae distributions to authorities overseeing those proceedings. [2017] iehc 671 court, chancery has ordered li

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Courts Service · 2017-11-10 · courts

High Court rejects citizenship claims by two children born in Ireland

high court rejects citizenship claims by two children born in ireland the held that their fathers’ refugee status had been obtained through deception, making it void from outset and invalidating derived it. refused all relief sought judicial review cases. [2017] iehc 741 court, review-asylum list ha

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Courts Service · 2017-11-10 · courts

High Court refuses McGonagles’ bid to halt receiver’s property sales

high court refuses mcgonagles’ bid to halt receiver’s property sales the rejected an application for interlocutory relief, citing lengthy delay and concerns about evidence plaintiffs’ ability compensate further losses. [2017] iehc 672 court, chancery has refused sean connie mcgonagle’s relief aimed

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Courts Service · 2017-11-10 · courts

High Court gives director authority to pursue company’s negligence claim

high court gives director authority to pursue company’s negligence claim the granted relief under section 212 of companies act 2014, allowing james morey take steps needed conclude emerald isle assurances and investments ltd’s against its former solicitors. [2019] iehc 669 court, commercial a judge

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Courts Service · 2017-11-09 · courts

High Court orders aviation authority discovery in Ryanair defamation action

high court orders aviation authority discovery in ryanair defamation action the granted channel 4’s request for two categories of irish documents, but refused others ongoing case over a 2013 television programme. [2017] iehc 743 ordered (iaa) to provide 4 with documents ryanair’s it broadcaster’s re

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Courts Service · 2017-11-09 · courts

High Court grants receiver injunction over Longwood Avenue properties

high court grants receiver injunction over longwood avenue properties the order allowed to manage and collect rent pending a full trial. did not finally determine dispute receiver’s appointment or fitzwilliam square premises. [2017] iehc 851 granted an interlocutory allowing maintain on their rents

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Courts Service · 2017-11-09 · courts

High Court orders Ryanair to provide Channel 4 with unredacted discovery, protecting personnel names

high court orders ryanair to provide channel 4 with unredacted discovery, protecting personnel names in a 2017 defamation case over programme alleging safety concerns, the refused require further discovery but ordered documents disclosed redacted. [2017] iehc 744 make set of available without redact

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Courts Service · 2017-11-09 · courts

Court of Appeal allows shopping centre occupier’s appeal over ankle injury

court of appeal allows shopping centre occupier’s over ankle injury the held that a nearby surfaced exit meant operator had met its duty care, overturning high court’s liability finding and award. [2017] ieca 293 has allowed an by ardenheath company limited against decision it was liable for injurie

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Courts Service · 2017-11-09 · courts

High Court allows Shatter’s appeal over Wallace data protection complaint

high court allows shatter’s appeal over wallace data protection complaint the found serious flaws in commissioner’s procedure and application of acts, allowed from circuit court. it did not decide every issue raised. [2017] iehc 670 alan against a ruling that had upheld decision concerning informati

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Courts Service · 2017-11-09 · courts

Wexford court grants three-year safety order and sets maintenance and access terms

wexford court grants three-year safety order and sets maintenance access terms the district ordered €500 monthly changed children’s weekday alternate-weekend arrangements after hearing evidence from both parents meeting children. area of wexford, no. 23; a judge granted k.d. for three years, e.d. to

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Courts Service · 2017-11-09 · courts

High Court allows father one overnight trip with children under alcohol and supervision undertakings

high court allows father one overnight trip with children under alcohol and supervision undertakings at an interlocutory hearing, the authorised a weekend to paternal grandfather’s holiday home, subject not drinking grandfather being present. it made no finding on whether continued misuse alcohol. [

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Courts Service · 2017-11-09 · courts

High Court dismisses challenge to Promontoria loan transfer and receiver appointments

high court dismisses challenge to promontoria loan transfer and receiver appointments the found assignment effective rent lawful, while reserving precise orders for further submissions. [2017] iehc 846 court, commercial has dismissed claims by vitgeson ltd william farrelly challenging of their facil

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Courts Service · 2017-11-08 · courts

High Court refuses Irish dancer’s bid to compete before six-month transfer period

high court refuses irish dancer’s bid to compete before six-month transfer period the declined an interim injunction that would have prevented coimisiún le rincí gaelacha from applying its pupil-transfer rule while underlying claims remained unresolved. [2017] iehc 856 has refused application by a 1

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Courts Service · 2017-11-08 · courts

High Court refers five questions to EU court over UK transfer of Bangladeshi family

high court refers five questions to eu over uk transfer of bangladeshi family [2017] iehc 677 the has referred eu's highest in a case concerning proposed from ireland united kingdom under dublin iii asylum system. second applicant entered on student visa 2010. her husband followed 2011 and their son

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Courts Service · 2017-11-08 · courts

Court of Appeal sends AIB conveyance case to Cork Circuit Court

court of appeal sends aib conveyance case to cork circuit the held that could hear bank’s challenge a transfer share in family home and ordered proceedings remitted there. it did not decide whether was fraudulent or should be set aside. [2017] ieca 291 appeal; high first instance for motion; is dest

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Courts Service · 2017-11-07 · courts

High Court refuses interim injunction in Gilead patent dispute with Mylan and Teva

high court refuses interim injunction in gilead patent dispute with mylan and teva the found that gilead’s potential losses from generic sales could be assessed compensated damages. it did not decide whether irish supplementary protection certificate was valid or infringed. [2017] iehc 666 court, co

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Courts Service · 2017-11-07 · courts

High Court strikes out defective mixer truck claim after years of delay

high court strikes out defective mixer truck claim after years of delay the found plaintiff’s delays in pursuing his were inordinate and inexcusable, said second defendant would face prejudice defending events from more than a decade earlier. [2017] iehc 403 struck paul kenny’s over an allegedly con

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Courts Service · 2017-11-06 · courts

High Court finds constitutional breaches in Oberstown separation of four young people

high court finds constitutional breaches in oberstown separation of four young people the ruled that denying applicants daily exercise and family contact, failing to use procedural safeguards, breached their rights. it found separation’s duration overall conditions did not cross threshold. [2017] ie

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Courts Service · 2017-11-06 · courts

High Court refuses Mervin White’s challenge to Mountjoy detention over re-issued traffic warrant

high court refuses mervin white’s challenge to mountjoy detention over re-issued traffic warrant [2017] iehc 551 the has ruled that in prison under a district was lawful, rejecting his application for release article 40 of constitution. white had been prosecuted road offences, including drink-drivin

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Courts Service · 2017-11-03 · courts

Court of Appeal increases Michael Murray’s rape sentence to 19 years

court of appeal increases michael murray’s rape sentence to 19 years the allowed dpp’s undue-leniency review, set aside central criminal 15 and substituted years, backdated february 2010. increased from years’ imprisonment after finding that original was significantly inadequate for offences absence

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Courts Service · 2017-11-03 · courts

High Court rejects Daniel Boylan’s claim to Ranelagh takeaway and orders rent paid to receiver

high court rejects daniel boylan’s claim to ranelagh takeaway and orders rent paid receiver the found he had not proved ownership of premises, refused his later applications for possession damages, ordered him pay €68,100 receiver. it separately awarded €254,000 against father a failed investment. [

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Courts Service · 2017-11-03 · courts

High Court finds bank security covered Bloxham partners’ interests, not firm assets

high court finds bank security covered bloxham partners’ interests, not firm assets the held that seven companies had no vested ownership in bloxham’s when they granted debentures to bank. their partnership interests were only bloxham-related capable of being charged. [2017] iehc 664 has ruled which

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Courts Service · 2017-11-03 · courts

Court of Appeal dismisses challenge to five-year firearm sentence

court of appeal dismisses challenge to five-year firearm sentence the rejected an against severity a for possessing sawn-off shotgun in suspicious circumstances, ruling that it was not excessive. has dismissed edward conroy’s prison circumstances. held excessive and no error principle had been ident

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Courts Service · 2017-11-02 · courts

Court of Appeal dismisses challenge to five-year sentence warrant

court of appeal dismisses challenge to five-year sentence warrant the held that a circuit was clear enough authorise detention after two district warrants were quashed. [2017] ieca 289 has dismissed edward conroy’s against high ruling sufficient his under for firearms offences. concerned relationshi

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Courts Service · 2017-11-02 · courts

Court of Appeal reduces Galway jeweller robbery sentence to 12 years

court of appeal reduces galway jeweller robbery sentence to 12 years the dismissed irmantas paulauskas’s conviction but reduced his from 14 years, leaving concurrent five-year for possessing an imitation firearm unchanged. against convictions and possession firearm, years. it left unchanged offence.

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Courts Service · 2017-11-02 · courts

High Court seeks further information on Maghaberry detention before deciding surrender

high court seeks further information on maghaberry detention before deciding surrender the rejected objections over warrant detail and delay but did not make a final order, seeking updated about respondent’s likely prison conditions. [2017] iehc 663 has sought from uk authorities conditions in which

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Courts Service · 2017-11-01 · courts

High Court rules legal aid fee rule for co-accused was beyond minister’s powers

high court rules legal aid fee rule for co-accused was beyond minister’s powers the declared a 1978 regulation ultra vires after finding it denied two applicants effective to use their chosen solicitor in joint circuit trial. [2017] iehc 656 governing criminal fees representing be vires, that failed

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Courts Service · 2017-11-01 · courts

High Court declines to rule on Lavery’s judicial review leave application

high court declines to rule on lavery’s judicial review leave application mr justice max barrett said the proceedings had been started without permission required by an existing isaac wunder order. he also set out why would have refused leave, while making clear that was not deciding application’s s

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Courts Service · 2017-11-01 · courts

High Court allows appeal over Hayes debt plan rejected by creditors

high court allows appeal over hayes debt plan rejected by creditors the ordered an interlocking personal insolvency arrangement to come into force, finding it reasonably sustainable and not unfairly prejudicial objecting mortgage creditor. [2017] iehc 657 on circuit, south eastern county of waterfor

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Courts Service · 2017-11-01 · courts

High Court awards respondents costs after judicial review applications fail

high court awards respondents costs after judicial review applications fail the said applicants’ public importance arguments did not justify departing from usual rule that follow event. [2017] iehc 659 has awarded to central bank of ireland and state liam mccaffrey kevin lunney’s failed. in a judgme

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Courts Service · 2017-11-01 · courts

High Court dissolves injunction against former Scientology member

high court dissolves injunction against former scientology member the allowed peter griffiths’s appeal, finding no substantial risk conduct would recur and citing first plaintiff’s in a separate defamation matter. damages awards were not appealed. [2017] iehc 658 appeal dissolved perpetual him. mr j

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Courts Service · 2017-11-01 · courts

High Court to quash valuation ruling over Dublin shop after tribunal gave no reasons

high court to quash valuation ruling over dublin shop after tribunal gave no reasons the found tribunal’s written decision did not explain why it left a commercial property’s net annual value at €10,450. invited parties address what should follow. [2017] iehc 660 has held that on of 8 property was i

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Courts Service · 2017-11-01 · courts

High Court refuses appeal certificate in Athenry data centre planning case

high court refuses appeal certificate in athenry data centre planning case the found that proposed legal questions did not meet statutory test for an on a point of law exceptional public importance. [2017] iehc 644 refused application by sinead fitzpatrick and allan daly to court’s earlier judgment

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Courts Service · 2017-11-01 · courts

Court of Appeal rejects bid to dismiss Bank of Ireland loan and possession cases

court of appeal rejects bid to dismiss bank ireland loan and possession cases the found bank’s delay was partly inordinate inexcusable, but concluded that balance justice favoured allowing proceedings continue. [2017] ieca 288 has dismissed three appeals by vincent kelly claire collins seeking have

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