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Courts Service · 2018-02-27 · courts

High Court dismisses challenge to Nigerian man’s deportation order

high court dismisses challenge to nigerian man’s deportation order the found failed on its substance, without deciding whether extend time for bringing it. [2018] iehc 142 dismissed a judicial review order, finding that he had not shown minister justice and equality’s decision was unlawful. judge sa

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Courts Service · 2018-02-27 · courts

High Court makes no order for costs after residence card makes judicial review moot

high court makes no order for costs after residence card judicial review moot the minister accepted a separate residency application by first applicant, rendering proceedings moot. then ruled only on costs. [2018] iehc 134 made issued to applicant rendered his in judgment delivered 27 february 2018,

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Courts Service · 2018-02-27 · courts

Supreme Court cuts interest award but upholds courier franchisees’ costs protection

supreme court cuts interest award but upholds courier franchisees’ costs protection the reduced statutory from €57,325 to €26,001.26, held that is excluded when comparing an with a lodgement, and upheld high court’s 60% award. of ireland has awarded three former franchisees, while upholding decision

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Courts Service · 2018-02-27 · courts

Court of Appeal overturns finding against gym over dance teacher’s fall

court of appeal overturns finding against gym over dance teacher’s fall the allowed templeville developments’ appeal, no evidential basis for negligence. it did not decide company’s challenge to damages or cross-appeal on contributory [2018] ieca 47 has an by developments limited a high that was par

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Courts Service · 2018-02-27 · courts

High Court rejects objections to surrender on three UK offences, with Brexit issue still outstanding

high court rejects objections to surrender on three uk offences, with brexit issue still outstanding the preliminary judgment found irish-law correspondence and minimum-gravity requirements met, but left uk’s planned eu withdrawal for further consideration. [2018] iehc 210 has rejected r.l.t.’s unit

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Courts Service · 2018-02-27 · courts

Court of Appeal rejects council challenge to reinstatement of injury claim

court of appeal rejects council challenge to reinstatement injury claim the held that sligo county could not have proceedings dismissed solely because plaintiff had answered a request for particulars: no order required him reply. [2018] ieca 50 has council’s against high setting aside dismissal feli

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Courts Service · 2018-02-27 · courts

Court of Appeal dismisses appeal against conviction in child defilement case

court of appeal dismisses against conviction in child defilement case the rejected five grounds appeal, finding trial was satisfactory and jury’s verdict safe. it said some judge’s comments to jury were unusual could carry risks, but did not amount endorsing complainant. has dismissed l.d.’s his for

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Courts Service · 2018-02-27 · courts

High Court dismisses challenge to subsidiary protection refusal

high court dismisses challenge to subsidiary protection refusal the rejected applicant’s three permitted grounds of challenge, finding no basis quash decision. [2018] iehc 186 dismissed a judicial review brought by an anonymised applicant challenging 2012 application for protection. considered only

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Courts Service · 2018-02-27 · courts

Supreme Court sets test for CAB claims involving assets seized in rights breaches

supreme court sets test for cab claims involving assets seized in rights breaches the allowed an appeal by michael murphy junior and senior sent criminal bureau’s cash forfeiture case back to high a rehearing. of ireland has ruled that considering bureau application must address whether property was

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Courts Service · 2018-02-26 · courts

Court of Appeal dismisses bid to enforce €433m Albanian judgment in Ireland

court of appeal dismisses bid to enforce €433m albanian judgment in ireland the found albaniabeg had a good arguable case on foreign judgment, but not shown practical benefit from starting enforcement proceedings ireland. [2018] ieca 46 has dismissed an by company ambient sh.p.k. over its attempt €4

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Courts Service · 2018-02-26 · courts

High Court seeks further prison information before deciding surrender of R.O.

high court seeks further prison information before deciding surrender of r.o. the adjourned european arrest warrant proceedings to give uk issuing judicial authority an opportunity provide details about r.o.’s proposed detention at maghaberry prison. [2018] iehc 312 has sought from whether can be su

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Courts Service · 2018-02-26 · courts

High Court rules data access does not require original exam script

high court rules data access does not require original exam script the held that a controller must generally provide permanent-form copy of personal data, but need supply document. it allowed parties’ agreed orders in an appeal on point law. [2018] iehc 118 (circuit appeals) has ruled person’s right

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Courts Service · 2018-02-26 · courts

High Court dismisses appeal over access to PwC complaint memoranda

high court dismisses appeal over access to pwc complaint memoranda the found no error of law in circuit court’s decision that about complaints concerning two audits were not appellant’s personal data. [2018] iehc 117 (circuit appeals) has dismissed an by peter nowak sent chartered accountants’ regul

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Courts Service · 2018-02-26 · courts

Court of Appeal rejects DPP bid to overturn suspended sentence for grandfather

court of appeal rejects dpp bid to overturn suspended sentence for grandfather the said was very lenient but did not amount undue leniency, and dismissed dpp’s review application. has a director public prosecutions application as unduly fully imposed on who pleaded guilty 17 sexual assaults his gran

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Courts Service · 2018-02-26 · courts

Court of Appeal replaces fully suspended sentence with one year in custody

court of appeal replaces fully suspended sentence with one year in custody the found a three-year for reckless endangerment unduly lenient, but final two years recognition respondent’s rehabilitation and other mitigating factors. has replaced imposed on paul mcgillian prison term, suspending years.

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Courts Service · 2018-02-26 · courts

High Court refuses appeal applications in Azeem and V.D. deportation cases

high court refuses appeal applications in azeem and v.d. deportation cases the refused leave to both cases, maintaining its earlier decisions on orders exceptional circumstances needed engage article 8. [2018] iehc 104 has by state an applicant for two judicial review concerning medical circumstance

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Courts Service · 2018-02-26 · courts

Court of Appeal reduces rape sentence to 10 years, suspends final 18 months

court of appeal reduces rape sentence to 10 years, suspends final 18 months the quashed original after finding its 14-year starting point too severe, then resentenced f.e. while leaving other concurrent sentences unchanged. reduced f.e.’s for from 12 with two years suspended, suspended. it found tha

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Courts Service · 2018-02-26 · courts

High Court dismisses three challenges over family reunification and refugee status

high court dismisses three challenges over family reunification and refugee status the held that acquiring irish citizenship automatically ends status, dismissed all judicial review applications. [2018] iehc 113 applications concerning effect of on status. in a judgment delivered 26 february 2018, m

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Courts Service · 2018-02-23 · courts

High Court awards €94,757.72 after finding crash worsened woman’s spinal pain

high court awards €94,757.72 after finding crash worsened woman’s spinal pain liability was not disputed in the 2014 m50 collision. awarded €55,000 for past and suffering, €20,000 future an agreed sum special damages. [2018] iehc 102 barbara seligman damages that a december road traffic accident exa

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Courts Service · 2018-02-23 · courts

High Court rejects Somali national’s bid to apply for subsidiary protection

high court rejects somali national’s bid to apply for subsidiary protection the held that eu rules did not give applicant a right under post-2006 system after his refugee claim had been decided in 2005. it denied relief sought judicial review. [2018] iehc 286 has refused challenge decision consider

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Courts Service · 2018-02-23 · courts

Court of Appeal sets aside order requiring Minister to cover Bar Council costs

court of appeal sets aside order requiring minister to cover bar council costs the held that a statutory costs-recovery provision did not apply where barry white’s claims against and concerned distinct causes action different facts. [2018] ieca 48 has set an for justice equality reimburse white he w

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Courts Service · 2018-02-23 · courts

High Court grants receiver powers over Mack Soft shares in IBRC asset dispute

high court grants receiver powers over mack soft shares in ibrc asset dispute an interlocutory application, the found a significant risk of further dissipation and ordered protections for linked to q city, while making clear that no final findings fact were being made. [2018] iehc 110 court, commerc

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Courts Service · 2018-02-23 · courts

High Court dismisses negligence claim over care of patient with progressive condition

high court dismisses negligence claim over care of patient with progressive condition the found that clinical decisions, including not ordering further hip x-rays or undertaking earlier surgery, met applicable standard care. [2018] iehc 787 dismissed a medical against central remedial clinic (crc) a

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Courts Service · 2018-02-23 · courts

Court of Appeal dismisses Gavin Tierney’s appeal over criminal damage conviction

court of appeal dismisses gavin tierney’s over criminal damage conviction the rejected challenges to a search warrant, his arrest and admission typed interview memorandum, leaving suspended three-month sentence in place. has dismissed against for damage, ruling that trial judge was entitled admit me

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Courts Service · 2018-02-23 · courts

Court of Appeal dismisses second miscarriage of justice application by Anthony Buck

court of appeal dismisses second miscarriage justice application by anthony buck the ruled that raised no new or newly discovered facts under section 2 criminal procedure act 1993. it did not reopen buck’s convictions. has dismissed seeking to establish a in his convictions for murder and robbery, r

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Courts Service · 2018-02-23 · courts

Court of Appeal dismisses challenge to convictions in two-sister abuse case

court of appeal dismisses challenge to convictions in two-sister abuse case the rejected three grounds appeal, including challenges a joint trial, absence corroboration warning for one complainant, and conviction on count 24. has dismissed j.g.’s against sexual indecent assault involving his two sis

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Courts Service · 2018-02-23 · courts

Court of Appeal rejects residents’ bid to join wind farm challenge

court of appeal rejects residents’ bid to join wind farm challenge the dismissed an by north meath information group and john callaghan, finding they were not directly affected developer’s bord pleanála’s refusal consent. [2018] ieca 49 has callaghan against a them judicial review decision refuse co

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Courts Service · 2018-02-23 · courts

High Court refuses appeal certificate in Lithuanian surrender case

high court refuses appeal certificate in lithuanian surrender case the said proposed questions about dishonesty and a claimed right to take property did not arise from evidence before it or raise point of law exceptional public importance. [2018] iehc 88 has refused certify an case, finding that res

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Courts Service · 2018-02-23 · courts

Court of Appeal quashes convictions after ruling abuse evidence was wrongly admitted

court of appeal quashes convictions after ruling abuse evidence was wrongly admitted the allowed an against for 14 sexual offences, finding that about appellant’s earlier complainant’s sisters carried overwhelming risk prejudice. it said would hear and determine any application a retrial. has quashe

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Courts Service · 2018-02-23 · courts

Court of Appeal dismisses Garda officer’s appeal against four convictions

court of appeal dismisses garda officer’s against four convictions the rejected challenges to use and joinder charges, concluding trial was not unsatisfactory verdict unsafe. has dismissed ciaran folan’s arising from his a driving licence statements about history. it persuaded that or folan convicte

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Courts Service · 2018-02-22 · courts

Supreme Court dismisses guarantee appeal, upholds €824,548 interest award

supreme court dismisses guarantee appeal, upholds €824,548 interest award the ruled that ulster bank had automatically replaced first active in proceedings after a statutory transfer, and rejected brian cunningham’s challenges to earlier res judicata ruling. of ireland has dismissed appeal against €

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Courts Service · 2018-02-22 · courts

Court of Appeal dismisses challenge to 14-year sentence for assaults on 10 boys

court of appeal dismisses challenge to 14-year sentence for assaults on 10 boys the said was severe and at outer limit, but within available range, dismissed appeal. [72/2016] has bill kenneally’s against severity a cumulative 14-year-and-two-month prison indecent complainants who were teenage time

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Courts Service · 2018-02-22 · courts

High Court sends guarantee dispute to plenary hearing

high court sends guarantee dispute to plenary hearing the refused stapleford finance’s request for final judgment against guarantor colum butler, finding that his proposed defences raised issues requiring a fuller hearing. [2018] iehc 99 has finance dac’s liberty enter butler €1,048,713.49, directin

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Courts Service · 2018-02-21 · courts

High Court sanctions sale of bankrupt’s family home, postponed for one year

high court sanctions sale of bankrupt’s family home, postponed for one year the also adjourned a separate application to extend discharge period until february 2019, seeking an update from official assignee before deciding it. [2018] iehc 181 sanctioned bankrupt man’s home in co kildare but year, ba

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Courts Service · 2018-02-21 · courts

High Court refuses discovery motion in Garda compensation review

high court refuses discovery motion in garda compensation review the said dispute over whether a retired sergeant’s injury was “maliciously inflicted” turned on legal meaning of that phrase, not further documents. [2018] iehc 84 refused judicial proceedings brought by sergeant shane devlin minister

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Courts Service · 2018-02-21 · courts

High Court sets aside service and dismisses accountant’s judicial review case

high court sets aside service and dismisses accountant’s judicial review case the ruled that dispute with association of chartered certified accountants belonged before courts england wales. [2018] iehc 85 has set proceedings on (acca) dismissed case, ruling irish had no jurisdiction to hear it. mr

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Courts Service · 2018-02-21 · courts

High Court refuses claim over alleged €100,000 Hungarian property deal

high court refuses claim over alleged €100,000 hungarian property deal the refused charles o’loughlin’s against estate agent odran young after finding that a company, not o’loughlin personally, raised and transferred money at issue. [2018] iehc 86 retired schoolteacher connected to venture, was by c

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Courts Service · 2018-02-21 · courts

Healy ordered to pay costs after High Court rejects request to charge defendants

healy ordered to pay costs after high court rejects request charge defendants the said its earlier judgment found had no cause of action against and that they succeeded on their counterclaim. [2018] iehc 83 dr neil his claim defendants’ counterclaim, rejecting application for defendants. mr justice

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Courts Service · 2018-02-21 · courts

High Court declines to order agency to pay mother’s legal costs in child welfare case

high court declines to order agency pay mother’s legal costs in child welfare case the applied general rule for legally aided parents and left bill with aid board. family had conceded child. [2018] iehc 116 ruled that board, rather than (cfa), should bear of c, mother a young person identified as a,

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Courts Service · 2018-02-21 · courts

High Court sends AIB debt claim to plenary hearing over unexplained loan evidence

high court sends aib debt claim to plenary hearing over unexplained loan evidence the refused summary judgment, citing conflicts amount claimed, draft letters and of drawdown. it did not decide whether is owed or defendants’ possible defences will succeed. [2018] iehc 82 has sent allied irish banks

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Courts Service · 2018-02-21 · courts

High Court refuses request to disclose teenager’s HIV status to friend

high court refuses request to disclose teenager’s hiv status friend the found child and family agency had not shown that two teenagers were having sex, said evidence would justify disclosure even if they were. [2018] iehc 112 refused an application by (cfa) a close without his consent, finding on ba

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Courts Service · 2018-02-20 · courts

Court of Appeal reduces sentence for cannabis transport offence to five years

court of appeal reduces sentence for cannabis transport offence to five years the quashed a six-and-a-half-year sentence, finding that sentencing judge’s assessment offence’s gravity was too high. it imposed five-year term, backdated january 2016. [2018] ieca 56 reduced man’s his role in transportin

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Courts Service · 2018-02-20 · courts

High Court sets aside proceedings over defective stone-cutting machine

high court sets aside proceedings over defective stone-cutting machine the ruled that an italian jurisdiction clause covered irish company’s contract and related tort claims, ireland had no to hear them. [2018] iehc 190 has set service of a plenary summons struck out brought by leinster stone suppli

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Courts Service · 2018-02-20 · courts

Court of Appeal dismisses Gary Flynn’s appeal against murder conviction

court of appeal dismisses gary flynn’s against murder conviction the rejected challenges to jury directions, evidence and arrest, upheld trial court’s decision admit telephone evidence. has dismissed his for shay o’byrne, finding satisfactory verdict “proper safe”. judgment was delivered on 20 febru

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Courts Service · 2018-02-20 · courts

High Court strikes out medical negligence claim as statute-barred

high court strikes out medical negligence claim as statute-barred the held that plaintiff had relevant knowledge by march 2010, more than two years before proceedings were issued in november 2013. [2018] iehc 93 struck a woman’s against six hospital defendants and consultant plastic surgeon, finding

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Courts Service · 2018-02-20 · courts

High Court sets aside order giving Harley Mechanical tax debt examinership priority

high court sets aside order giving harley mechanical tax debt examinership priority the ruled it had no jurisdiction to elevate company’s unpaid july 2017 liability after company already been wound up. [2018] iehc 80 has set an that gave of services limited as expense. held confer statutory status o

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Courts Service · 2018-02-20 · courts

Court of Appeal dismisses Peter Kenny’s appeal against murder conviction

court of appeal dismisses peter kenny’s against murder conviction the rejected challenges concerning a key witness’s evidence, phone records, joint trial and jury direction, finding unsatisfactory neither in process nor outcome. has dismissed his for john carroll, ruling that it was not persuaded or

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Courts Service · 2018-02-20 · courts

High Court dismisses claim over forensic lease examination as abuse of process

high court dismisses claim over forensic lease examination as abuse of process the said negligence against science northern ireland was, in substance, an attempt to reopen a dispute that had been settled and could no longer be litigated. [2018] iehc 76 has dismissed william mulrooney’s ireland, ruli

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Courts Service · 2018-02-20 · courts

High Court defers costs decision in planning challenge after refusing extra time

high court defers costs decision in planning challenge after refusing extra time the ruled no certificate was needed to appeal refusal, and postponed its final order pending an eu judgment. [2018] iehc 81 court, commercial; judicial review that sc sym fotovoltaic energy srl does not need a refusal o

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Courts Service · 2018-02-20 · courts

Court of Appeal increases sentence and driving ban for dangerous driving

court of appeal increases sentence and driving ban for dangerous the found a five offences unduly lenient, increasing term unlawful use vehicle extending disqualification. it left other sentences unchanged. increased anthony ward’s unlawfully using extended his disqualification after finding origina

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Courts Service · 2018-02-19 · courts

High Court refuses to extend bankrupt’s discharge over asset disclosure concerns

high court refuses to extend bankrupt’s discharge over asset disclosure concerns the accepted applicant had standing as a creditor through potential costs liability, but found no further investigation order was needed after official assignee’s inquiries. [2018] iehc 179 refused an application contin

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Courts Service · 2018-02-19 · courts

Court of Appeal rejects asylum seeker’s appeal over choice of country

court of appeal rejects asylum seeker’s over choice country the held that article 31 refugee convention does not give an open-ended right to choose where claim asylum, and dismissed concerning two grounds for judicial review. [2018] ieca 36 has by anonymised pakistani national who argued dublin iii

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Courts Service · 2018-02-16 · courts

High Court rejects doctor’s challenge to Medical Council finding and advice sanction

high court rejects doctor’s challenge to medical council finding and advice sanction the found there was evidence support a of poor professional performance over tests not requested for patient, rejected claims that absence an appeal right unlawful. [2018] iehc 75 has refused application overturn fi

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Courts Service · 2018-02-16 · courts

High Court sends €16.9m Stapleford claim to plenary hearing

high court sends €16.9m stapleford claim to plenary hearing the refused summary judgment after identifying factual disputes over what was disclosed about a bond sale and an unresolved dispute settlement agreement’s 24-month clause. [2018] iehc 79 has finance designated activity company’s application

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Courts Service · 2018-02-16 · courts

High Court refuses newspapers’ bid to overturn reporting restrictions after publication breach

high court refuses newspapers’ bid to overturn reporting restrictions after publication breach the found that were lawful through sentencing but should not have continued afterwards. it nevertheless refused judicial review, citing their delay and limits of relief sought. [2018] iehc 120 five publish

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Courts Service · 2018-02-16 · courts

Court of Appeal dismisses Garda officer’s appeal over dismissal of civil claim

court of appeal dismisses garda officer’s over dismissal civil claim the rejected five grounds challenging high process, which had dismissed marie o’reilly’s after her evidence. separate disciplinary remained live. [2018] ieca 34 has against court’s commissioner, and costs order made in commissioner

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Courts Service · 2018-02-16 · courts

High Court rejects challenge to receiver’s appointment deeds

high court rejects challenge to receiver’s appointment deeds the found validly executed despite an illegible director’s signature, after affidavit evidence identified signatory. judgment addressed that issue alone. [2018] iehc 91 has rejected joseph walsh’s execution of two appointing tom kavanagh a

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Courts Service · 2018-02-15 · courts

Court of Appeal allows Minister’s appeal over repeated surrender dates

court of appeal allows minister’s over repeated surrender dates the ruled that irish law permits a further high application to set date after an earlier attempt fails, subject statutory conditions and judicial oversight. [2018] ieca 33 has may under section 16(5)(a) european arrest warrant act resch

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Courts Service · 2018-02-14 · courts

Supreme Court allows Minister’s appeal in subsidiary protection case

supreme court allows minister’s appeal in subsidiary protection case the set aside high order quashing decision and dismissed judicial review, finding that a written procedure was sufficient on circumstances presented. allowed long-running challenge to refusal of an anonymised rwandan applicant. it

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Courts Service · 2018-02-14 · courts

Court of Appeal sets aside order for return of seized Range Rover

court of appeal sets aside order for return seized range rover the held that possession alone did not establish ownership under police property act 1897 and refused judicial review circuit court’s decision. [2018] ieca 26 has allowed an by ireland attorney general, set high orders concerning a revie

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Courts Service · 2018-02-14 · courts

High Court rules counsel may appear in District Court without instructing solicitor present

high court rules counsel may appear in district without instructing solicitor present the held that adjourning a sentencing hearing because applicant’s barrister was unaccompanied breached rules. it granted reliefs sought, with any further orders left for later hearing. [2018] iehc 596 ruled instruc

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Courts Service · 2018-02-14 · courts

High Court orders each side to bear its own costs in airport planning case

high court orders each side to bear its own costs in airport planning case the rejected residents’ request for costs, finding underlying proceedings were not a matter of exceptional public importance statutory exception. [2018] iehc 66 has ordered group residents and dublin authority plc their after

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Courts Service · 2018-02-14 · courts

High Court refuses AIB’s bid to seize settlement funds, appoints receiver over Croatian property proceeds

high court refuses aib’s bid to seize settlement funds, appoints receiver over croatian property proceeds the declined make a conditional garnishee order absolute because ptm had an interest in funds and other legal difficulties arose. it appointed from apartments on conditions, while refusing held

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Courts Service · 2018-02-14 · courts

High Court refuses certificate for appeal over Dublin Airport runway permission

high court refuses certificate for appeal over dublin airport runway permission the applicants sought to an earlier ruling that rejected challenges fingal county council’s extension of planning a second runway. found none their nine proposed legal points met statutory threshold. [2018] iehc 65 has r

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Courts Service · 2018-02-14 · courts

Court of Appeal overturns Moore Street national monument declarations

court of appeal overturns moore street national monument declarations the held that high could not make free-standing sites were monuments where required a policy judgment about importance. it did decide separate planning issues. [2018] ieca 28 allowed appeals by minister for arts, heritage and gael

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Courts Service · 2018-02-14 · courts

High Court dismisses wind farm’s challenge over refusal of discovery

high court dismisses wind farm’s challenge over refusal of discovery the upheld valuation tribunal’s decision not to order disclosure records concerning nine other limerick farms, finding judicial review sought revisit merits that decision. [2018] iehc 64 has dismissed carrons windfarm limited’s app

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Courts Service · 2018-02-14 · courts

Court of Appeal discharges injunction over Moore Street commemorative centre

court of appeal discharges injunction over moore street commemorative centre the held that section 260 disapplied planning regime to minister’s works at national monument, provided required monuments consent was in place. it allowed and discharged high injunction. [2018] ieca 27 has a restrained dem

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Courts Service · 2018-02-14 · courts

Court of Appeal restores standstill in translation contract challenge

court of appeal restores standstill in translation contract challenge the would allow word perfect’s to an order lifting award suspension, finding damages were not adequate remedy at this stage. it required company pursue its high case urgently. [2018] ieca 35 perfect services ltd.’s against suspens

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Courts Service · 2018-02-14 · courts

Supreme Court dismisses appeal over jury warning in Dublin murder case

supreme court dismisses appeal over jury warning in dublin murder case the held that trial judge’s modified about defendant’s lies was adequate circumstances and affirmed his conviction. has dismissed waldemar solowiow’s against conviction, ruling to not fundamentally flawed. concerned whether shoul

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Courts Service · 2018-02-14 · courts

High Court allows Tesco worker to amend personal injury claim

high court allows tesco worker to amend personal injury claim the allowed anthony purcell clarify that he was stocking a bookshelf when first felt back pain, while maintaining his allegation trolley pushing contributed injury. [2018] iehc 68 has against ireland ltd, after finding clarification would

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Courts Service · 2018-02-14 · courts

Court of Appeal says voluntary psychiatric patients cannot be restrained from leaving outside statutory process

court of appeal says voluntary psychiatric patients cannot be restrained from leaving outside statutory process the allowed an over a patient held in secure unit after his detention order was revoked, ruling that may only under section 23 mental health act 2001. [2018] ieca 29 has by anonymised who

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Courts Service · 2018-02-13 · courts

Supreme Court dismisses Lipinski appeal after EU rulings resolve surrender issues

supreme court dismisses lipinski appeal after eu rulings resolve surrender issues the said two later of justice decisions disposed arguments against under a european arrest warrant. dismissed arkadiusz piotr lipinski’s in proceedings warrant act 2003, finding that subsequent union resolved he had ra

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Courts Service · 2018-02-13 · courts

High Court orders removal of lis pendens in architects’ contract dispute

high court orders removal of lis pendens in architects’ contract dispute the refused amendments to plaintiffs’ claim, vacated a land registry notice and declined split into preliminary trial. [2018] iehc 61 court, commercial has ordered registered against dublin property over 2007 agreement, while r

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Courts Service · 2018-02-12 · courts

High Court dismisses late appeal against tenancy determination

high court dismisses late appeal against tenancy determination the found that was outside 21-day period under residential tenancies act 2004, even if appellant’s earlier affidavit date used. [2018] iehc 595 dismissed john dominik halbherr’s a board after ruling it brought statutory time limit. preli

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Courts Service · 2018-02-09 · courts

High Court restores decision rejecting Savage’s Google search complaint

high court restores decision rejecting savage’s google search complaint the allowed appeals by data protection commissioner and ireland, set aside circuit order reinstated commissioner’s original determination. [2018] iehc 122 has a in dispute over result referring to former local election candidate

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Courts Service · 2018-02-09 · courts

Court of Appeal dismisses man’s challenges to Garda and HSE investigation

court of appeal dismisses man’s challenges to garda and hse investigation the upheld high orders striking out his claims against bw health service executive, finding no basis for malice that could not succeed. [2018] ieca 290 has dismissed a appeals executive over their allegations he sexually abuse

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Courts Service · 2018-02-09 · courts

High Court refuses to dismiss claims against two logistics defendants

high court refuses to dismiss claims against two logistics defendants the found pleaded could not be ruled bound fail at this stage. it also awarded costs of plaintiff’s withdrawn injunction motion. [2018] iehc 177 refused an application by brought them jason bushe, finding they had shown that were

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Courts Service · 2018-02-09 · courts

Court of Appeal quashes murder conviction after jury’s chute experiment

court of appeal quashes murder conviction after jury’s chute experiment the found that a jury visit to rubbish during deliberations, including an unexplained stone-throwing experiment, was procedurally unfair. it said would hear submissions on whether there should be retrial. has quashed david o’lou

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Courts Service · 2018-02-09 · courts

Court of Appeal dismisses challenge to political candidate gender quota

court of appeal dismisses challenge to political candidate gender quota the held that fianna fáil member brian mohan lacked standing law, which reduces certain state funding for parties do not meet thresholds. it did decide whether law is constitutional. [2018] ieca 13 has dismissed mohan’s over his

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Courts Service · 2018-02-09 · courts

Court of Appeal allows amendment to wrongful arrest claim against garda

court of appeal allows amendment to wrongful arrest claim against garda the set aside order striking out arresting garda, permitting an plead and false imprisonment. it dismissed separate over hse. has allowed a man amend his that september 2009 was unlawful seek damages for health service executive

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Courts Service · 2018-02-09 · courts

High Court refuses bid for separate legal aid certificate covering Clontarf charges

high court refuses bid for separate legal aid certificate covering clontarf charges the held that a district judge had no authority to split already granted both sets of proceedings. [2018] iehc 62 refused an application quash judge’s refusal grant prosecuted by garda jason reilly. mr justice meenan

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Courts Service · 2018-02-09 · courts

High Court grants €776,727 summary judgment against guarantor

high court grants €776,727 summary judgment against guarantor the refused to send lender’s claim a plenary hearing, finding 2008 loan letter did not replace earlier and had assented changed repayment terms. [2018] iehc 593 has granted national asset management dac for thomas anderson, after refusing

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Courts Service · 2018-02-09 · courts

Appeal judge says father’s claim against HSE should not be struck out summarily

appeal judge says father’s claim against hse should not be struck out summarily gerard hogan j. considered it arguable that alleged delays in investigating child abuse complaints could support a claim, but he was the minority on appeal. judgment does establish allegations were true or liable. [2018]

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Courts Service · 2018-02-08 · courts

High Court quashes WRC dismissal ruling but rejects wider legal challenge

high court quashes wrc dismissal ruling but rejects wider legal challenge the set aside an unfair-dismissal decision issued before resumed hearing, ruled applicant lacked standing to legislation governing adjudications. [2018] iehc 59 quashed a workplace relations commission rejecting worker’s compl

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Courts Service · 2018-02-08 · courts

High Court awards €33,000 solatium to husband in wrongful death action

high court awards €33,000 solatium to husband in wrongful death action the reopened an earlier apportionment ruling after learning that two statutory dependants had asked participate. it later awarded €1,000 each deceased’s parents and balance her husband. [2018] iehc 57 of maximum €35,000 a decease

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Courts Service · 2018-02-08 · courts

High Court dismisses challenge to removal and exclusion orders

high court dismisses challenge to removal and exclusion orders the rejected four grounds challenging minister’s decision affirm orders, including arguments about family rights, review process reliance on a conviction for withholding information. [2018] iehc 96 dismissed romanian national’s judicial

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Courts Service · 2018-02-08 · courts

Court of Appeal dismisses both appeals in Lanigan proceedings

court of appeal dismisses both appeals in lanigan proceedings the upheld dismissal a constitutional claim and separate article 40 application, while rejecting challenge to detention pending surrender. [2018] ieca dismissed two linked brought by francis lanigan, upholding decisions that rejected his

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Courts Service · 2018-02-08 · courts

High Court orders performance of €6m property settlement and awards €20,000 exemplary damages

high court orders performance of €6m property settlement and awards €20,000 exemplary damages mr justice haughton found that promontoria had agreed to settle secured liabilities for €6m, later wrongfully abandoned the deal, could not terminate an earlier agreement. [2018] iehc 63 court, 25 ordered s

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Courts Service · 2018-02-08 · courts

High Court rejects peat companies’ challenge to planning board decisions

high court rejects peat companies’ challenge to planning board decisions the upheld a 2013 determination that continued extraction at sites in westmeath required environmental assessments and was no longer exempt from permission after 20 september 2012. [2018] iehc 58 has rejected judicial review ch

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Courts Service · 2018-02-07 · courts

Supreme Court rejects Pro Life Campaign bid to join immigration appeal

supreme court rejects pro life campaign bid to join immigration appeal the said existing parties could adequately argue legal issues and dismissed application participate as an amicus curiae. has by curiae in upcoming concerning decision interests of a child who was unborn when her father sought rev

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Courts Service · 2018-02-07 · courts

Supreme Court dismisses appeal over default judgment motion

supreme court dismisses appeal over default judgment motion the held that a defence delivered before hearing meant in of was no longer available, and upheld high court’s decision to strike out motion. has dismissed kevin karen tracey’s against order striking their second for defence. state defendant

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Courts Service · 2018-02-07 · courts

Court of Appeal dismisses Barringtons’ delayed claim against ACC

court of appeal dismisses barringtons’ delayed claim against acc the allowed loan management’s appeal, finding more than eight-year delay and resulting prejudice tipped balance justice in favour ending proceedings. [2018] ieca 31 has dismissed proceedings brought by patrick carmel barrington eco pla

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Courts Service · 2018-02-07 · courts

Court of Appeal upholds farm transfer but cuts €150,000 legacy and High Court costs

court of appeal upholds farm transfer but cuts €150,000 legacy and high costs the dismissed an against finding that william naylor was entitled to his late father’s remaining lands under promissory estoppel, while requiring him disclaim reducing award 75%. [2018] ieca 32 jean maher’s order transferr

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Courts Service · 2018-02-07 · courts

Supreme Court dismisses Garda representative body’s appeal over sick leave rules

supreme court dismisses garda representative body’s appeal over sick leave rules the held that 2013 legislation did not itself require consultation before regulations were made. it left open whether a general right to engagement existed, but found no breach on facts. has dismissed an by association

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Courts Service · 2018-02-07 · courts

Supreme Court upholds damages for fishermen given advice before French arrests

supreme court upholds damages for fishermen given advice before french arrests the upheld a high award losses directly caused by department while two irish vessels faced an imminent arrest in bay of biscay. wider claims over vessel conversion and sale were not part award. [2017] iesc 000 ireland has

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Courts Service · 2018-02-07 · courts

Court of Appeal dismisses challenge to Donegal housing possession order

court of appeal dismisses challenge to donegal housing possession order the held that summary procedure could not be read allow a separate assessment whether eviction was proportionate under article 8. [2018] ieca 30 has dismissed eamon mccauley’s against refusal his judicial review for dwelling at

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Courts Service · 2018-02-06 · courts

High Court dismisses challenge to deportation order after finding marriage was one of convenience

high court dismisses challenge to deportation order after finding marriage was one of convenience the held applicants could not reopen an unchallenged ministerial and discharged injunction that had restrained first applicant’s deportation. [2018] iehc 103 dismissed a judicial review mr justice richa

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Courts Service · 2018-02-06 · courts

Court of Appeal dismisses Dundalk robbery conviction appeal

court of appeal dismisses dundalk robbery conviction the rejected four challenges to cctv evidence, a still photograph, identification direction and refusal stop trial. it upheld sentence. has dismissed keith hughes’s against his for robbing betting shop possessing bladed article in public place. al

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Courts Service · 2018-02-06 · courts

High Court rules 10 of 11 documents supplied by INM chairman are privileged

high court rules 10 of 11 documents supplied by inm chairman are privileged the ordered that not be disclosed to director corporate enforcement; an original letter from was privileged. [2018] iehc 51 ruled independent news and media plc (inm) leslie buckley enforcement were legally could director. r

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Courts Service · 2018-02-05 · courts

High Court orders liability to be tried first in Galway motorcycle injury case

high court orders liability to be tried first in galway motorcycle injury case the granted an application separate from assessment of damages, leaving further directions on quantum trial judge. [2018] iehc 53 has ordered that separately and before damages a personal action arising 2013 collision gal

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Courts Service · 2018-02-05 · courts

Court of Appeal refuses John Hanrahan more time to appeal €292,727 judgment

court of appeal refuses john hanrahan more time to €292,727 judgment the found he had not shown a bona fide, credible defence bank’s claim, necessary ground for extending deadline. [2018] ieca 12 has refused hanrahan’s application high ordering him pay irish life and permanent plc, trading as tsb, p

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Courts Service · 2018-02-05 · courts

High Court sends AIB guarantee claim to plenary hearing

high court sends aib guarantee claim to plenary hearing conflicting evidence over when and where seamus o’keeffe signed a €91,000 meant the bank’s could not be decided summarily. [2018] iehc 71 has refused allied irish banks plc’s request for summary relief sent dispute with o’keeffe, junior, hearin

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Courts Service · 2018-02-05 · courts

Court of Appeal reduces sentence for rape and sexual offences from 12 years to 10

court of appeal reduces sentence for rape and sexual offences from 12 years to 10 the allowed an against severity, finding a 12-year starting point more appropriate than trial judge’s 14-year point. it substituted 10-year sentence, backdated original sentencing date. reduced b.v.’s related years’ im

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Courts Service · 2018-02-05 · courts

High Court extended bankruptcy by nine months over two undisclosed assets

high court extended bankruptcy by nine months over two undisclosed assets the found that a bankrupt failed to disclose €5,000 loan one son and €3,000 car gift another, but said breaches were at lighter end of scale. [2018] iehc 41 breda webster’s after finding she had official assignee: her in new z

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Courts Service · 2018-02-05 · courts

High Court says debtors may be heard in rejected insolvency plan reviews

high court says debtors may be heard in rejected insolvency plan reviews the ruled that a personal practitioner must bring review application, but debtor also if considers it appropriate. did not strike out five cases. [2018] iehc 38 can of arrangements, even though (pip) application. said is for ju

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Courts Service · 2018-02-05 · courts

High Court quashes road traffic convictions after finding District Court trial unfair

high court quashes road traffic convictions after finding district trial unfair the found that judge improperly pressed daniel konadu to say whether he would give evidence and stopped a line of defence cross-examination. it granted certiorari declaration was not conducted in due course law. [2018] i

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Courts Service · 2018-02-05 · courts

High Court rules Ireland has jurisdiction in divorce proceedings

high court rules ireland has jurisdiction in divorce proceedings the rejected husband’s challenge to jurisdiction, finding wife was habitually resident when she issued proceedings. it directed that case be remitted circuit court. [2018] iehc 114 court, family law ruled over brought by a who state th

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Courts Service · 2018-02-05 · courts

Court of Appeal dismisses sentence appeal over six sexual assault counts

court of appeal dismisses sentence over six sexual assault counts the held that a five-year sentence, with final 15 months suspended, was within sentencing judge’s discretion. has dismissed f.c.’s against imposed after jury convicted him assault. suspended its for two years, leaving an effective cus

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Courts Service · 2018-02-05 · courts

Father awarded costs after emergency care order was refused

father awarded costs after emergency care order was refused the district court for hearing, limited to one legal representative. it his request relating interim proceedings. iedc [2018] 01 court, dublin metropolitan a proceedings in which an child, finding that evidence did not meet statutory thresh

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Courts Service · 2018-02-05 · courts

High Court sets aside notice against wrongly joined insurance company

high court sets aside notice against wrongly joined insurance company the removed hatty limited from third-party proceedings but rejected defendants’ request to replace it with j & company, giving them time consider their next step. [2018] iehc 70 set a after defendants accepted that was wrong party

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Courts Service · 2018-02-05 · courts

High Court makes no costs order after quarry case settlement

high court makes no costs order after quarry case settlement the rejected laois county council’s application for its costs, finding had not dealt with and each side should bear own. [2018] iehc 69 made as to council applied legal in proceedings concerning alleged quarrying at clonalsee, laois. settl

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Courts Service · 2018-02-05 · courts

High Court refuses Garda Callan’s challenge over compensation authorisation

high court refuses garda callan’s challenge over compensation authorisation the held that minister’s decision to treat finger injury as minor was lawful, while stressing case a judicial review, not an appeal on merits. [2018] iehc 90 has refused noel application overturn minister for justice and equ

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Courts Service · 2018-02-02 · courts

Court of Appeal cuts cannabis cultivation sentence to three and a half years

court of appeal cuts cannabis cultivation sentence to three and a half years the reduced imposed on polish national who pleaded guilty cultivating in cavan, suspended unserved portion light his mother’s serious illness. man’s four-year prison for without licence years, finding that original headline

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Courts Service · 2018-02-02 · courts

High Court rules 1947 building covenant benefits no land

high court rules 1947 building covenant benefits no land the found that covenant’s benefit was not annexed to any land, leaving one entitled enforce it. precise wording of declaration left for later submissions. [2018] iehc 115 a restricting on in carrickmines does has ruled, deed did identify inten

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Courts Service · 2018-02-02 · courts

High Court orders surrender to Lithuania over two offences

high court orders surrender to lithuania over two offences the rejected objections under a european arrest warrant, finding both corresponded irish and that retrial guarantee addressed respondent’s absence when his suspended sentence was revoked. [2018] iehc 87 has ordered of zanas dziugas rejecting

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Courts Service · 2018-02-02 · courts

High Court finds no bank liability in pub venture dispute

high court finds no bank liability in pub venture dispute the rejected a former partner’s claims against aib and of ireland, finding that she had not established or basis to assess her claimed losses. [2018] iehc 92 has by ann condon allied irish banks (aib), ireland two employees over losses said a

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Courts Service · 2018-02-02 · courts

High Court says kiosk lease agreement remained in force, subject to further orders

high court says kiosk lease agreement remained in force, subject to further orders the rejected tenant’s claim include part of a basement and said parties must return address final order outstanding issues. [2018] iehc 39 has proposed declaring that an for two kiosks at grand canal harbour, dublin,

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Courts Service · 2018-02-01 · courts

High Court dismisses challenge to refusal of subsidiary protection

high court dismisses challenge to refusal of subsidiary protection the rejected seven grounds challenging international appeals tribunal’s decision, finding no basis quash it on judicial review. [2018] iehc 97 has dismissed a review application by s.a., man born in ghana who later became south afric

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Courts Service · 2018-02-01 · courts

District Court grants care orders for two children until age 18

district court grants care orders for two children until age 18 the ordered under child act 1991 after finding that returning either to parental was likely adversely affect their welfare. [2017] iedc 23 court; dublin metropolitan granted and family agency full o, 16, p, 10, each reaches 18, health,

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Courts Service · 2018-02-01 · courts

High Court dismisses challenge to deportation order

high court dismisses challenge to deportation order the held that minister had considered applicant’s family circumstances and claims not put could ground challenge. [2018] iehc 37 has dismissed a judicial review application challenging order, finding for justice equality constitutional-rights argum

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Courts Service · 2018-02-01 · courts

High Court refuses to stop trial despite finding prosecutorial delay

high court refuses to stop trial despite finding prosecutorial delay the found about nine and a half months of blameworthy but ruled that prejudice applicant did not outweigh public interest in proceeding trial. [2018] iehc 44 has refused an application prohibit man charged with assault, by authorit

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Courts Service · 2018-02-01 · courts

Supreme Court grants O’Connor leave to appeal over Brexit and UK surrender

supreme court grants o’connor leave to appeal over brexit and uk surrender the said a novel eu law question about post-brexit rights was not acte clair set an expedited hearing settle questions for possible of justice reference. has granted thomas joseph in proceedings his proposed united kingdom, f

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