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Courts Service · 2018-04-30 · courts

High Court allows Lavery to pursue motion over DPP’s role in earlier judicial review

high court allows lavery to pursue motion over dpp’s role in earlier judicial review the refused leave for proposed motions one case but allowed joseph issue a separate concerning whether director of public prosecutions had participated as notice party. [2018] iehc 299 has record prosecutions’ parti

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Courts Service · 2018-04-27 · courts

High Court allows limited use of discovery documents in O’Connor’s EAW proceedings

high court allows limited use of discovery documents in o’connor’s eaw proceedings the modified an implied undertaking so plaintiff’s lawyers may send necessary discovered to westminster magistrates’ court, subject that court’s directions. [2018] iehc 223 has allowed noel legal representatives trans

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Courts Service · 2018-04-27 · courts

High Court authorises adoption order for boy in long-term foster care

high court authorises adoption order for boy in long-term foster care the accepted 31 may 2000 as likely birth date on balance of probabilities and dispensed with parental consent. ruling authority to make an order; it does not itself that order. [2018] iehc 310 authorised ireland a. m. favour his c

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Courts Service · 2018-04-27 · courts

District Court ordered assessment and detention of 16-year-old under Mental Health Act

district court ordered assessment and detention of 16-year-old under mental health act the found reasonable cause to believe child had a disorder directed admission an approved unit for assessment, with reports safeguards follow. 2018 [iedc] 03 chúirt dúiche, court; dublin metropolitan in after find

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Courts Service · 2018-04-27 · courts

Court of Appeal makes two assault sentences consecutive after DPP review

court of appeal makes two assault sentences consecutive after dpp review the increased effective prison term for cavan offences, while saying suspended sentence was not formally before it review. cja217/17 changed concurrent two-year into terms, finding they did reflect gravity offending. relate to

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Courts Service · 2018-04-26 · courts

Court of Appeal increases sentences for planned rural burglary spree

court of appeal increases sentences for planned rural burglary spree the ruled that imposed on michael and david casey were unduly lenient resentenced them, while recognising their admissions, remorse other mitigating factors. a series burglaries criminal damage lenient. it each man to an aggregate

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Courts Service · 2018-04-26 · courts

Court of Appeal finds siblings acted fraudulently in sale of Dublin home

court of appeal finds siblings acted fraudulently in sale dublin home the held that john and maria moore recklessly when they relied on another woman’s death certificate to register sell a property jointly owned by their father stepmother. it upheld purchaser’s title ordered indemnify stepmother’s e

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Courts Service · 2018-04-26 · courts

Court of Appeal dismisses appeal over 10-year sentence for violent burglary

court of appeal dismisses over 10-year sentence for violent burglary the ruled that a involving two assaults, serious injury and threats was within sentencing judge’s discretion. has dismissed michael gleeson’s against severity in which householder seriously injured. also rejected his argument judge

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Courts Service · 2018-04-26 · courts

Court of Appeal dismisses Don Duggan’s appeals against Clonmel and Nenagh sentences

court of appeal dismisses don duggan’s appeals against clonmel and nenagh sentences the upheld sentences, including decision to make sentence consecutive sentence, while recognising sentencing judge’s discretion consideration mitigation. dismissed imposed for burglary, a threat kill other offences,

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Courts Service · 2018-04-26 · courts

Court of Appeal increases custodial term to five years after DPP sentence review

court of appeal increases custodial term to five years after dpp sentence review the found original sentences for three offences unduly lenient, resentenced leon byrne and suspended final two revised seven-year aggregate subject conditions. increased be served by from a half allowing director public

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Courts Service · 2018-04-26 · courts

Court of Appeal dismisses Patrick Purcell’s sentence appeal over €1.2m drug haul

court of appeal dismisses patrick purcell’s sentence over €1.2m drug haul the found a 12-year headline was within range for active role in storing, weighing and distributing drugs. his nine-year sentence, with final two years suspended, remains place. has dismissed against severity possessing drugs

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Courts Service · 2018-04-26 · courts

Court of Appeal sets aside costs order against non-party witness

court of appeal sets aside costs order against non-party witness the allowed william loughnane’s because he had not been warned during original litigation that defendants might seek from him personally. [2018] ieca 113 has an making loughnane personally liable for arising a construction company’s un

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Courts Service · 2018-04-26 · courts

Court of Appeal dismisses estate’s challenge over Dublin property sale

court of appeal dismisses estate’s challenge over dublin property sale the upheld findings that use a namesake’s death certificate was mistake, not fraud, and purchaser acquired in good faith. [2018] ieca 118 has dismissed an by estate maureen moore property, leaving place her stepchildren mistakenl

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Courts Service · 2018-04-26 · courts

Dublin District Court rules prosecution can proceed after charge sheet struck out

dublin district court rules prosecution can proceed after charge sheet struck out judge brian o’shea rejected brendan talbot’s preliminary challenge to the court’s jurisdiction, finding original complaint was made within statutory time limit and had not been withdrawn or dismissed. court, metropolit

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Courts Service · 2018-04-25 · courts

Court of Appeal dismisses challenge to refusal of Irish transfer for prisoner serving UK IPP sentence

court of appeal dismisses challenge to refusal irish transfer for prisoner serving uk ipp sentence the held that minister had considered request on its merits and gave sustainable reasons refusing it. concerned leave seek judicial review, not adaptation itself. [2018] ieca 110 has dismissed m.mc.k.’

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Courts Service · 2018-04-25 · courts

High Court quashes deportation order analysis on refoulement issue for reconsideration

high court quashes deportation order analysis on refoulement issue for reconsideration the dismissed challenge to subsidiary protection refusal but set aside and related under two statutes fresh consideration of refoulement. [2018] iehc 298 has quashed a part its dealing with refoulement, directing

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Courts Service · 2018-04-25 · courts

High Court dismisses Nigerian family’s challenge to refusal to revoke deportation orders

high court dismisses nigerian family’s challenge to refusal revoke deportation orders the found no basis overturn minister’s decision in a limited judicial review and dismissed proceedings. [2018] iehc 217 of minister for justice equality’s orders. mr richard humphreys gave judgment on 25 april 2018

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Courts Service · 2018-04-24 · courts

High Court rejects challenge to delayed sentencing pending trial of earlier charges

high court rejects challenge to delayed sentencing pending trial of earlier charges the dismissed a judicial review application over deferral after guilty pleas, finding no breach presumption innocence or, on these facts, right an expeditious trial. [2018] iehc 226 has gareth hill’s circuit decision

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Courts Service · 2018-04-24 · courts

Court refuses bid to reopen sentences for Dundalk offences

court refuses bid to reopen sentences for dundalk offences the of appeal ruled that a later explanation irish law could not qualify as newly discovered fact under procedure relied on by applicant. appeal, criminal has refused an application john adams section 2 act 1993 revisit imposed against three

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Courts Service · 2018-04-24 · courts

High Court dismisses challenge to subsidiary protection refusal and deportation order

high court dismisses challenge to subsidiary protection refusal and deportation order the rejected remaining fact-specific ground, finding no illegality in minister’s use of mainstream country information, including material published after application. [2018] iehc 296 dismissed i.m. (ghana)’s judic

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Courts Service · 2018-04-24 · courts

Court of Appeal rejects Fingleton’s settlement and delay challenges to Central Bank inquiry

court of appeal rejects fingleton’s settlement and delay challenges to central bank inquiry the upheld high court’s refusal halt an into michael p. suspected participation in breaches by irish nationwide building society. must establish those afresh; society’s admissions are not evidence it. [2018]

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Courts Service · 2018-04-24 · courts

High Court dismisses challenge to awards for domestic worker

high court dismisses challenge to awards for domestic worker the upheld employment appeals tribunal’s decisions on wages and information, finding no basis disturb its factual findings or determine an illegality argument that had not been raised before it. [2018] iehc 227 has dismissed appeal by tahi

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Courts Service · 2018-04-24 · courts

Court of Appeal rejects Fingleton’s challenge to Central Bank inquiry jurisdiction

court of appeal rejects fingleton’s challenge to central bank inquiry jurisdiction the dismissed ground michael p. appeal, ruling that could inquire into alleged past contraventions even though he and irish nationwide were no longer in relevant roles when notice was issued. [2018] ieca 105 has a by

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Courts Service · 2018-04-24 · courts

High Court dismisses challenge to refusal of subsidiary protection

high court dismisses challenge to refusal of subsidiary protection the rejected applicant’s after addressing procedural objections and finding minister’s assessment adequate on grounds properly before it. [2018] iehc 336 has dismissed r.b.’s application for judicial review a protection, bringing pro

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Courts Service · 2018-04-24 · courts

High Court dismisses challenge to Nigerian applicants’ deportation and protection decisions

high court dismisses challenge to nigerian applicants’ deportation and protection decisions the rejected grounds concerning minister’s reliance on an earlier asylum refusal, tribunal findings, inquiries assessment of in nigeria. [2018] iehc 297 dismissed a judicial review challenging orders refusals

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Courts Service · 2018-04-24 · courts

Supreme Court rejects Minister’s appeals over immigration permission decisions

supreme court rejects minister’s appeals over immigration permission decisions the upheld of appeal’s orders quashing that required two families to leave ireland without considering whether their article 8 rights were engaged. it did not decide either family should receive remain. dismissed minister

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Courts Service · 2018-04-24 · courts

High Court finds no credible defence to AIB’s €6m guarantee claim

high court finds no credible defence to aib’s €6m guarantee claim the granted summary judgment against siobhan smith after finding her affidavits did not say she would have refused absent alleged misrepresentation and undue influence. [2018] iehc 219 court, commercial allied irish banks (aib) for €6

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Courts Service · 2018-04-24 · courts

Court of Appeal dismisses Maurice Power’s appeal against murder conviction

court of appeal dismisses maurice power’s against murder conviction the rejected all 17 grounds and held that was safe. concerned rulings at trial for 2012 shane rossiter. has dismissed his rossiter, finding safe satisfactory. power convicted by a jury central criminal in june 2014, 10-to-one majori

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Courts Service · 2018-04-23 · courts

High Court refuses appeal leave in challenge to deportation decision

high court refuses appeal leave in challenge to deportation decision the said proposed questions did not warrant an under statutory test, after dismissing applicants’ a order earlier judgment. [2018] iehc 307 has refused applicants its dismissal of against ivan seredych. mr justice richard humphreys

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Courts Service · 2018-04-23 · courts

Court of Appeal cuts Dowdalls’ prison terms after finding sentencing errors

court of appeal cuts dowdalls’ prison terms after finding sentencing errors the said special criminal wrongly reduced credit for guilty pleas following a newton hearing, and failed to account properly complainant’s two-hour ordeal. it resentenced both men suspended part each lead sentence. jonathan

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Courts Service · 2018-04-23 · courts

Court of Appeal restores Bank of Ireland judgment against borrowers

court of appeal restores bank ireland judgment against borrowers the found had been regularly obtained and that not shown a defence with real prospect success. [2018] ieca 109 has allowed ireland’s set aside high order undone tim carey finola colgan carey. its careys established bona fide began summ

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Courts Service · 2018-04-23 · courts

High Court defers final decision on Polish surrender warrant

high court defers final decision on polish surrender warrant the found no bar to one one-year sentence, but sought further information two aggregate sentences and awaited a cjeu ruling poland’s rule of law. [2018] iehc 220 deferred whether piotr ludwin should be surrendered poland under european arr

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Courts Service · 2018-04-23 · courts

Court of Appeal rejects mediation appeal in rent dispute

court of appeal rejects mediation in rent dispute the upheld refusal to pause proceedings for while an application protect rental income remained pending. [2018] ieca 117 has dismissed by a defendant identified as s.c. against high adjourn mediation. it also separate over case management directions,

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Courts Service · 2018-04-23 · courts

Court of Appeal dismisses Colm Maguire’s challenge to IRA membership conviction

court of appeal dismisses colm maguire’s challenge to ira membership conviction the rejected three groups arguments, including challenges garda belief evidence, inferences drawn from interview answers and late proof that an inference provision remained in force. has dismissed against his for ira, up

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Courts Service · 2018-04-23 · courts

High Court strikes out moot residence-permission case and refuses applicant’s costs bid

high court strikes out moot residence-permission case and refuses applicant’s costs bid the proceedings became after permanent residence application was finally refused. said he could not rely on temporary permission to work claim costs, given an undertaking had given. [2018] iehc 391 struck judicia

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Courts Service · 2018-04-23 · courts

Court of Appeal dismisses challenge to three-year net sentence for sexual assaults

court of appeal dismisses challenge to three-year net sentence for sexual assaults the said concurrent sentences, with final two years suspended, did not show an error principle. has dismissed a man’s against imposed after he pleaded guilty eight counts assault involving his niece. custodial term th

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Courts Service · 2018-04-20 · courts

Employer liable for delivery worker’s injuries after failing to train him in safe mattress handling

employer liable for delivery worker’s injuries after failing to train him in safe mattress handling the high court found that a sudden gust caused fall, but inadequate training contributed accident. it awarded €430,327.98 before deduction specified earnings figure. [2018] iehc 218 etmar limited suff

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Courts Service · 2018-04-20 · courts

High Court dismisses appeal against possession order for Dublin family home

high court dismisses appeal against possession order for dublin family home the upheld circuit court’s sean and bernadette fox, finding lender had established mortgage default. it left a possible stay later submissions. [2018] iehc 292 has dismissed fox’s an giving permanent tsb of their at 2 glenly

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Courts Service · 2018-04-20 · courts

High Court quashes subsidiary protection refusals over country-information reasoning

high court quashes subsidiary protection refusals over country-information reasoning the found that a two-and-a-half-year delay did not invalidate refusals, but minister’s on country information was in accordance with directive. [2018] iehc 273 has ordered judicial review case involving three anonym

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Courts Service · 2018-04-20 · courts

High Court strikes out Angela Farrell petition and restricts further proceedings

high court strikes out angela farrell petition and restricts further proceedings the dismissed a challenging earlier orders concerning farrell’s status as solicitor restrained specified against law society without prior leave. [2018] iehc 439 struck brought by of ireland related interlocutory applic

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Courts Service · 2018-04-20 · courts

High Court orders discovery in Tracey case, refusing several document requests

high court orders discovery in tracey case, refusing several document requests the ruling concerns scope of disclosure a civil case. ordered specified categories from state defendants and courts service, while or limiting other requests. [2018] iehc 416 has service to disclose documents case brought

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Courts Service · 2018-04-20 · courts

High Court quashes unexplained reclassification of garda’s sick leave

high court quashes unexplained reclassification of garda’s sick leave the found that garda management had not explained why a certificate treating serving member’s absence as an injury on duty was issued in error. it quashed march 2017 determination and extended time for challenge. [2018] iehc 244 h

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Courts Service · 2018-04-20 · courts

High Court refuses leave for Belfast student’s referendum voting challenge

high court refuses leave for belfast student’s referendum voting challenge the ruled that constitutional, good friday agreement and european convention arguments fell short of threshold to seek judicial review. [2018] iehc 215 has refused roisin morelli review over her exclusion from may 2018 on rep

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Courts Service · 2018-04-20 · courts

District Court grants care order for Baby T until age 18

district court grants care order for baby t until age 18 the dublin metropolitan approved a plan and directed sibling access, with further review support provisions. iedc 2018 02 court, granted tusla child reaches 18, after hearing unopposed evidence from an allocated social worker guardian ad litem

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Courts Service · 2018-04-20 · courts

High Court dismisses challenge over District Court legal aid refusal

high court dismisses challenge over district legal aid refusal the held that no charge had been brought before when prosecutor sought order, so judge jurisdiction to consider aid. [2018] iehc 230 dismissed a judicial review application by darren mcentaggart judge’s his application. mr justice binchy

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Courts Service · 2018-04-20 · courts

High Court declines to continue injunction delaying proposed removal to Romania

high court declines to continue injunction delaying proposed removal romania the ruled on an interim application, not underlying challenge and exclusion orders. it found balance of justice then favoured allowing state proceed. [2018] iehc 680 has declined that would have prevented from removing a mo

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Courts Service · 2018-04-20 · courts

High Court awards €50,000 for injuries after heavy door fell on Tesco worker

high court awards €50,000 for injuries after heavy door fell on tesco worker the assessed damages liability had been agreed, awarding pain and suffering €1,290 in agreed special damages. [2018] iehc 788 awarded celine doyle a her at work dundrum town centre august 2015. it also judgment delivered 20

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Courts Service · 2018-04-20 · courts

High Court refuses leave to challenge postal-voting rules for 2018 referendum

high court refuses leave to challenge postal-voting rules for 2018 referendum a journalist who planned be abroad on polling day argued that the prevented him from voting by post. found his proposed grounds were not arguable at stage. [2018] iehc 216 refused michael fisher seek judicial review over i

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Courts Service · 2018-04-20 · courts

High Court dismisses challenge to subsidiary protection refusal and deportation order

high court dismisses challenge to subsidiary protection refusal and deportation order the found applicant’s pleadings too vague rejected his arguments about assessment of claim country information. [2018] iehc 301 dismissed a judicial review made against j.u., bangladeshi applicant. it also released

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Courts Service · 2018-04-20 · courts

High Court says District Court cannot order wardship capacity inquiry

high court says district cannot order wardship capacity inquiry the answered two questions about court’s powers in negative, while explaining how a judge could bring concerns to president of court. [2018] iehc 207 has ruled that require registrar wards arrange inquiry, or apply directly by motion fo

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Courts Service · 2018-04-20 · courts

High Court rules Hynes’s claim over judgment mortgage was statute barred

high court rules hynes’s claim over judgment mortgage was statute barred the dismissed proceedings after deciding that defamation and related financial-loss claims were issued outside applicable limitation period. [2018] iehc 229 has ruled peter against allied irish banks plc when issued, them. ruli

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Courts Service · 2018-04-19 · courts

High Court dismisses two Albanian Roma family judicial reviews

high court dismisses two albanian roma family judicial reviews the challenges concerned refusals of subsidiary protection and deportation decisions. applicants had already been deported. [2018] iehc 275 has dismissed related review applications brought by members an challenging decisions to refuse m

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Courts Service · 2018-04-19 · courts

Court of Appeal dismisses murder conviction appeal over 30-year prosecution delay

court of appeal dismisses murder conviction over 30-year prosecution delay the held that trial was fair, citing evidence available and judge’s warning to jury about effects delay. has dismissed john joseph malone’s against his for 1987 ann nancy smyth, ruling in prosecuting him did not make unfair.

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Courts Service · 2018-04-19 · courts

High Court upholds journalistic privilege over drafts in defamation case

high court upholds journalistic privilege over drafts in defamation case the found that deleted passages two draft emails posed a significant risk of identifying journalist’s confidential source or sources, and ruled they need not be produced for inspection. [2018] iehc 206 written by irish daily st

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Courts Service · 2018-04-19 · courts

High Court awards €65,000 after warehouse toilet fall

high court awards €65,000 after warehouse toilet fall the found tesco ireland liable for a worker’s in donabate distribution centre toilet, citing water left on floor cleaning, slippery tiles and broken tile cover. [2018] iehc 205 awarded damien jedruch finding limited injuries he suffered at compan

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Courts Service · 2018-04-19 · courts

Court of Appeal upholds refusal to identify anonymous Facebook user over Uganda safety risk

court of appeal upholds refusal to identify anonymous facebook user over uganda safety risk the dismissed a lawyer’s for subscriber information, finding trial judge was entitled conclude disclosure posed real user’s life and bodily integrity. [2018] ieca 104 has ugandan seeking identity location ope

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Courts Service · 2018-04-19 · courts

Insurer joined as defendant in Limerick road accident claim

insurer joined as defendant in limerick road accident claim the high court allowed bump insurance to join proceedings over an alleged 2016 collision, citing its potential responsibility for any award. did not decide whether collision occurred or is valid. [2018] iehc 201 has a personal injury action

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Courts Service · 2018-04-19 · courts

High Court dismisses challenge to Pakistani applicant’s protection refusal and deportation order

high court dismisses challenge to pakistani applicant’s protection refusal and deportation order the found that any weakness in internal relocation discussion did not undermine decision’s independent grounds, no past persecution finding triggered further consideration of future risk. [2018] iehc 276

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Courts Service · 2018-04-19 · courts

Appeal court grants asylum applicant leave to argue tribunal mishandled Dublin transfer discretion

appeal court grants asylum applicant leave to argue tribunal mishandled dublin transfer discretion the of allowed an in part, adding a judicial review ground about tribunal’s failure consider its article 17(1) powers and possible mental health consequences uk. [2018] ieca 102 has afghan applicant’s

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Courts Service · 2018-04-19 · courts

Court of Appeal dismisses challenge to Star Elm Frames winding-up order

court of appeal dismisses challenge to star elm frames winding-up order the upheld high court’s decision wind up company under supervision, appoint an official liquidator and costs against a former voluntary liquidator. [2018] ieca 103 has dismissed appeals by limited chartered accountant anthony j.

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Courts Service · 2018-04-19 · courts

High Court dismisses challenge to Nigerian minor’s protection refusal and deportation order

high court dismisses challenge to nigerian minor’s protection refusal and deportation order the rejected judicial review, finding minister’s assessment of rule law in nigeria was not unreasonable. [2018] iehc 257 has dismissed a review brought for minor challenging subsidiary leave remain, made his

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Courts Service · 2018-04-18 · courts

Supreme Court cuts Rosbeg’s damages award against former solicitors to €5.2465m

supreme court cuts rosbeg’s damages award against former solicitors to €5.2465m the allowed firm’s appeal, finding that high court’s €11.077m extended loss period too far. it substituted a lower judgment while leaving interest and capital gains tax calculations open for parties raise if necessary. h

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Courts Service · 2018-04-18 · courts

High Court awards Cork County Council €1.2m landfill levy against Little Island farmer

high court awards cork county council €1.2m landfill levy against little island farmer the held that a waste permit’s unmet planning and wildlife conditions meant deposits were unauthorised. it rejected farmer’s limitation delay defences awarded claimed. [2018] iehc 203 has €1,208,880 valentine o’dr

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Courts Service · 2018-04-18 · courts

High Court dismisses challenge to Nigerian applicant’s protection refusal and deportation order

high court dismisses challenge to nigerian applicant’s protection refusal and deportation order the found case-specific complaints were not made out said no interview request or substantial new ground had been raised revisit earlier credibility findings. [2018] iehc 256 has dismissed a judicial revi

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Courts Service · 2018-04-18 · courts

Court of Appeal says renewal order extends admission order in mental health detention cases

court of appeal says renewal order extends admission in mental health detention cases a concurring judgment, mr justice michael peart said later did not replace the or end circuit court’s jurisdiction to hear an against it. [2018] ieca 101 under act 2001 life rather than replacing it, has judgment c

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Courts Service · 2018-04-18 · courts

Supreme Court restores ESB wayleave notice after allowing appeal

supreme court restores esb wayleave notice after allowing appeal the held that could authorise its chief executive to designate officers issue notices and had not surrendered statutory discretion eirgrid. it dismissed killross properties’ cross-appeal left costs for further submissions. of ireland h

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Courts Service · 2018-04-18 · courts

High Court dismisses mother and child’s challenges to subsidiary protection refusals

high court dismisses mother and child’s challenges to subsidiary protection refusals the allowed amended grounds proceed but dismissed both judicial review applications, finding no basis for relief on pleaded legal or fact-specific points. [2018] iehc 295 two applications challenging refusal of a zi

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Courts Service · 2018-04-18 · courts

Court of Appeal dismisses challenge to secrecy over naturalisation refusal

court of appeal dismisses challenge to secrecy over naturalisation refusal the upheld high court’s decision, finding national security interests outweighed an iranian applicant’s request for further reasons or a gist withheld material. [2016 411] has dismissed national’s his application irish citize

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Courts Service · 2018-04-18 · courts

High Court rejects early security issue hearing, orders disclosure of settlement terms

high court rejects early security issue hearing, orders disclosure of settlement terms the refused promontoria’s bid to have priority its over monvoy lands decided before trial, but ordered three redacted sections a agreement in separate discovery dispute. [2018] iehc 204 court, commercial has promo

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Courts Service · 2018-04-18 · courts

Court of Appeal rejects EU-law challenge to naturalisation refusal

court of appeal rejects eu-law challenge to naturalisation refusal the held that refusing x.p.’s citizenship application did not implement eu law, while accepting national-security concerns limited what could be disclosed him. [2018] ieca 112 dismissed concerning his for irish by naturalisation, hol

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Courts Service · 2018-04-17 · courts

High Court dismisses challenge to subsidiary protection refusal and deportation order

high court dismisses challenge to subsidiary protection refusal and deportation order the rejected applicant’s pleaded grounds against decision order. it said was out of time but did not decide that issue because dismissed application on its merits. [2018] iehc 274 has a judicial review challenging

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Courts Service · 2018-04-17 · courts

High Court orders six-month renewal of summons in personal injury case

high court orders six-month renewal of summons in personal injury case the reversed a circuit refusal, finding that balance justice favoured allowing claim to proceed despite delay serving defendant. [2018] iehc 197 has decision refusing further proceedings and ordered it be renewed for six months f

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Courts Service · 2018-04-17 · courts

High Court dismisses two challenges to preparatory deportation work

high court dismisses two challenges to preparatory deportation work the ruled that officials could prepare papers before subsidiary protection decisions were final, finding did not bind minister or ultimate decision-maker. [2018] iehc 255 dismissed judicial review applications challenging refusals o

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Courts Service · 2018-04-17 · courts

High Court awards €57,730 to Garda after assault caused continuing psychological injuries

high court awards €57,730 to garda after assault caused continuing psychological injuries the found that anonymised applicant continued suffer post-traumatic stress symptoms and ordered compensation, including future treatment costs. [2018] iehc 341 awarded in compensation an who suffered physical w

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Courts Service · 2018-04-17 · courts

High Court orders Werdna Limited to provide €200,000 security for defendants’ costs

high court orders werdna limited to provide €200,000 security for defendants’ costs the order followed an application by two defendants in a building-defects dispute. found was unlikely meet their if they successfully defended action, but reduced amount sought after considering delay and already inc

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Courts Service · 2018-04-17 · courts

Court of Appeal rejects challenge to 10-year sentence for knife attack

court of appeal rejects challenge to 10-year sentence for knife attack the found no sentencing error in a case involving serious facial injury and upheld term, including suspension its final three years. has rejected damien greene’s against severity prison assault causing harm, finding principle by

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Courts Service · 2018-04-17 · courts

High Court rejects split trial in airline tax disputes, allows Aer Arann defence amendments

high court rejects split trial in airline tax disputes, allows aer arann defence amendments the ordered disputes over ireland’s former differentiated air travel to proceed as unitary trials, rejected state parties’ requests for directions on expert reports, and allowed amend its defences. [2018] ieh

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Courts Service · 2018-04-17 · courts

Dublin City Council breached tenancy duty over damp flat, High Court finds

dublin city council breached tenancy duty over damp flat, high court finds the awarded a tenant €25,000 for years of and mould, then set off €19,679 in rent arrears, leaving her with net decree €5,321. it made no order specifying remedial works. [2018] iehc 193 found breach its to provide flat fit h

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Courts Service · 2018-04-16 · courts

Court of Appeal dismisses appeal over sentences for robbery of elderly Cork man

court of appeal dismisses over sentences for robbery elderly cork man the upheld concurrent five-year sentences, with final year suspended, saying four-year net custodial term was lenient and would not be interfered with. has dismissed patrick mcauliffe’s against stealing €300 robbing an 83-year-old

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Courts Service · 2018-04-16 · courts

High Court refuses stay of order requiring stadium company to transfer trust property title

high court refuses stay of order requiring stadium company to transfer trust property title the refused pause execution conveyance, while leaving open possibility considering a on other parts its earlier orders. [2018] iehc 225 athlone town limited’s application an it convey legal new trustee. will

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Courts Service · 2018-04-16 · courts

High Court awards costs to State after applicants abandon protection challenge

high court awards costs to state after applicants abandon protection challenge the held that permission remain did not make applicants’ a subsidiary refusal moot. it awarded costs, including reserved minister. [2018] iehc 254 minister for justice and equality group of abandoned their protection. sai

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Courts Service · 2018-04-16 · courts

High Court orders child’s return to Australia in Hague Convention case

high court orders child’s return to australia in hague convention case the rejected father’s claim that visa difficulties created a grave risk of harm, finding evidence did not establish he was unlikely australia. [2018] iehc 316 has ordered nine-year-old boy after rejecting his argument child would

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Courts Service · 2018-04-16 · courts

Court found claimant owned car but deferred return pending money-laundering investigation

court found claimant owned car but deferred return pending money-laundering investigation a dublin district judge adjourned an application for the of volkswagen polo to june 26, 2018, setting out conditions deciding whether it should be returned or retained. court; metropolitan that ryan mansfield h

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Courts Service · 2018-04-16 · courts

High Court refuses leave to appeal in marriage-of-convenience case

high court refuses leave to appeal in marriage-of-convenience case the dismissed an application for after finding proposed question was not decisive earlier judicial review outcome. [2018] iehc 222 has refused applicant dismissing his challenge judgment concerning a marriage determined by executive

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Courts Service · 2018-04-13 · courts

High Court refuses Bandon Motors injunction against winding-up petition

high court refuses bandon motors injunction against winding-up petition the found company had not established clear and persuasive grounds to restrain water sun nyhan from presenting a petition. it did decide underlying debt dispute. [2018] iehc 191 has refused (bandon) limited’s application for an

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Courts Service · 2018-04-13 · courts

High Court refuses late challenge to Dundalk school substation

high court refuses late challenge to dundalk school substation the declined extend time for two applicants seek judicial review of 2013 planning approval, finding they had not met statutory requirements delay. [2018] iehc 291 has refused desmond and kay corbett approval an esb beside their home, mov

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Courts Service · 2018-04-12 · courts

High Court dismisses appeal against Mayo home possession order

high court dismisses appeal against mayo home possession order the affirmed a circuit for ulster bank ireland limited to recover possession, after rejecting defendants’ challenges. it left possible stay further submissions. [2018] iehc 289 has dismissed an by liam costelloe and gabrielle bishop gran

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Courts Service · 2018-04-12 · courts

High Court awards €15,000 in damages to block layer over union exclusion

high court awards €15,000 in damages to block layer over union exclusion the award followed an assessment limited general for a breach of plaintiff’s constitutional right earn livelihood. made no loss earnings or other claimed damages. [2018] iehc 815 awarded john o’connell after finding that his li

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Courts Service · 2018-04-12 · courts

High Court removes stadium company as trustee in Athlone Town ground dispute

high court removes stadium company as trustee in athlone town ground dispute the ordered ltd. replaced of club’s lissywollen property and directed it to transfer its interests. a claim for damages question costs remained further consideration. [2018] iehc 209 removed used by football club that be a.

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Courts Service · 2018-04-12 · courts

Court of Appeal rejects challenge to convictions for sexual offences against three sisters

court of appeal rejects challenge to convictions for sexual offences against three sisters the upheld henry wooldridge’s convictions, finding no error in trial judge’s decision give a corroboration warning only two rape allegations made by one complainant years after her initial statement. has rejec

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Courts Service · 2018-04-12 · courts

Court of Appeal sets aside High Court ruling on DPP’s duties under 2005 Act

court of appeal sets aside high ruling on dpp’s duties under 2005 act the ruled that had exceeded limited grounds permitted in two judicial review cases. it set part 12 judgment and did not remit matter for reconsideration. [2018] ieca 130 has a concerning whether director public prosecutions to con

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Courts Service · 2018-04-12 · courts

High Court dismisses Bula Resources shareholder’s claim over inspector’s report

high court dismisses bula resources shareholder’s claim over inspector’s report the dismissed a 2016 damages claim, finding it was brought outside applicable time limits, fair trial no longer possible, and statement of disclosed reasonable cause action. [2018] iehc 212 mary kieran’s against ireland,

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Courts Service · 2018-04-12 · courts

High Court dismisses claims against paediatrician and hospital over cerebral palsy case

high court dismisses claims against paediatrician and hospital over cerebral palsy case the ruled that pleadings made no allegations of negligence two defendants disclosed cause action them. claim obstetrician was not decided by these motions. [2018] iehc 195 dismissed a young man’s mount carmel hos

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Courts Service · 2018-04-11 · courts

High Court strikes solicitor off roll over repeated dishonest conduct

high court strikes solicitor off roll over repeated dishonest conduct the rejected a disciplinary tribunal’s recommendation for lesser sanctions, finding that solicitor’s dishonesty and misuse of undertakings required ultimate sanction. [2018] iehc 160 has struck patrick e. callanan solicitors after

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Courts Service · 2018-04-10 · courts

High Court finds Seamount Road footpath works trespassed on homeowner’s land

high court finds seamount road footpath works trespassed on homeowner’s land the ordered defendants to restore disturbed grass verge and awarded €10,000 in general damages. precise terms of order were left for further submissions. [2018] iehc 233 found that install a along road, malahide, belonging

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Courts Service · 2018-04-10 · courts

High Court sets aside order substituting director in €11m company claim

high court sets aside order substituting director in €11m company claim the held that a company’s assignment of its to was an abuse process and also savoured champerty. it dismissed his application be substituted as plaintiff. [2018] iehc 167 has set eugene mccool for controls engineering limited (m

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Courts Service · 2018-04-10 · courts

High Court allows Vodafone to amend defence in data disclosure case

high court allows vodafone to amend defence in data disclosure case the granted ireland leave add five pleas its defence, finding plaintiff had not shown prejudice caused by late amendments. judgment does decide underlying claim. [2018] iehc 168 has allowed limited a brought dundalk taxi driver rich

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Courts Service · 2018-04-10 · courts

High Court refuses late appeal over insurance complaint decision

high court refuses late appeal over insurance complaint decision the dismissed john o’brien’s application to extend time for appealing a 2014 financial services ombudsman decision, citing nearly three-year delay and lack of sufficient reason it. [2018] iehc 169 has refused o’brien an extension by (f

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Courts Service · 2018-04-10 · courts

Teva’s leave to amend patent opposition not required, High Court rules

teva’s leave to amend patent opposition not required, high court rules the said objections boehringer’s proposed amendments would be considered in separate amendment application, and teva could any event receive its opposition. [2018] iehc 165 has ruled that did need statement of changes a owned by

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Courts Service · 2018-04-10 · courts

High Court refuses to halt rape trial over alleged delay

high court refuses to halt rape trial over alleged delay the found no culpable prosecutorial and declined an application prohibit prosecution of charges arising from events when anonymised applicant was a child. [2018] iehc 164 has refused stop charged with oral rape, finding in investigation decisi

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Courts Service · 2018-04-09 · courts

Appeal court suspends final two years of five-year sentence in threat-to-kill case

appeal court suspends final two years of five-year sentence in threat-to-kill case the quashed original after finding an error principle failing to suspend any part it, then imposed a term with conditions attached suspended portion. prison on man convicted threatening kill, resentenced him five for

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Courts Service · 2018-04-03 · courts

High Court rules 2016 lodgement valid after case returned for damages assessment

high court rules 2016 lodgement valid after case returned for damages assessment the held that defendants did not need its leave to lodge money before remitted action was set down trial, and rejected claim unfair. [2018] iehc 214 ruled a made by in november without court’s leave, proceedings an of d

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Courts Service · 2018-04-03 · courts

Court refuses claimant’s bid to recover €23,220 and £1,750 seized by gardaí

court refuses claimant’s bid to recover €23,220 and £1,750 seized by gardaí the district found insufficient evidence that claimant owned money ordered its retention until trial of a third party, followed forfeiture state. court, dublin metropolitan refused application from his home, finding he had n

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