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Courts Service · 2018-10-31 · courts

Court of Appeal allows Kennys to join dispute over Cork land ownership

court of appeal allows kennys to join dispute over cork land ownership the ruled that dillon and darren kenny could proceedings as defendants put their own claim by counterclaim. it did not decide who owns land. [2018] ieca 345 has allowed beneficial lands in cork, so they can defend against nolan f

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Courts Service · 2018-10-31 · courts

High Court awards €248,871 in damages after failed property sale

high court awards €248,871 in damages after failed property sale the awarded three vendors finding that a purchaser’s failure to complete led later resale at lower price. it rejected their separate claim for expenses. [2018] iehc 617 court, commercial €248,871.27 purchaser €1.45 million and was sold

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Courts Service · 2018-10-31 · courts

High Court refuses solicitor’s discovery bid but allows pleading amendment

high court refuses solicitor’s discovery bid but allows pleading amendment mr justice allen rejected a request for 16 categories of law society documents, finding they were not relevant or necessary. he allowed the plaintiff to add reference european convention’s ban on forced labour. [2018] iehc 63

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Courts Service · 2018-10-31 · courts

High Court vacates Athlone Town Centre lis pendens over delay in prosecuting case

high court vacates athlone town centre lis pendens over delay in prosecuting case the found charleen limited had unreasonably delayed serving proceedings and delivering its statement of claim. it did not decide underlying dispute hotel transfer easements. [2018] iehc 611 court, commercial has ordere

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Courts Service · 2018-10-31 · courts

Court of Appeal overturns injunction requiring Irish Rail to allow lawyer at disciplinary hearing

court of appeal overturns injunction requiring irish rail to allow lawyer at disciplinary hearing the held that employee could proceed with union representation unless exceptional circumstances later showed legal was needed for a fair hearing. [2018] ieca 346 has allowed iarnród éireann / rail’s aga

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Courts Service · 2018-10-31 · courts

Court of Appeal rules Tanager could be registered as mortgage charge owner

court of appeal rules tanager could be registered as mortgage charge owner the answered five legal questions in a case stated from possession proceedings, but did not decide whether should obtain rolf kane’s home. [2018] ieca 352 ruled that designated activity company transferred to it by bank scotl

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Courts Service · 2018-10-30 · courts

High Court makes no costs order over failed electricity interconnector challenge

high court makes no costs order over failed electricity interconnector challenge the declined to award against applicants for their unsuccessful leave application and injunction request, while reserving of separate hearing. [2018] iehc 622 has made as in relation an judicial review challenging propo

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Courts Service · 2018-10-30 · courts

High Court rejects challenge to method used to estimate Dublin Bay prawn catch

high court rejects challenge to method used estimate dublin bay prawn catch the held that fisheries authorities could use a time-based after reasonably suspecting logbook figures were inaccurate. it refused fishermen’s requested reliefs; did not determine whether any individual fisherman committed a

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Courts Service · 2018-10-30 · courts

Court of Appeal upholds three-year sentence in stolen-property case

court of appeal upholds three-year sentence in stolen-property case the acknowledged concerns about aspects sentencing hearing but found proportionate and declined to interfere. has upheld a prison imposed on kathleen stokes for possessing stolen property, finding offence her circumstances. appealed

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Courts Service · 2018-10-30 · courts

Court of Appeal cuts sentence for child defilement from four years to two

court of appeal cuts sentence for child defilement from four years to two the allowed an against severity, finding six-year starting point too high while affirming that offence involved aggravating factors. appeal; dublin circuit criminal (original sentencing court) has quashed a four-year prison se

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Courts Service · 2018-10-30 · courts

High Court sets aside late third-party notice against Airtricity in footpath injury case

high court sets aside late third-party notice against airtricity in footpath injury case the found councils had not joined utility solutions as soon reasonably possible. ruling concerned only airtricity, plaintiff’s underlying claim. [2018] iehc 603 has set a served on limited by castlebar town coun

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Courts Service · 2018-10-30 · courts

High Court refuses discovery request in assistant classifiers’ contract challenge

high court refuses discovery request in assistant classifiers’ contract challenge the applicants sought documents about decision to terminate their contracts. held that material was not necessary resolve judicial review challenge, which alleged stated reason irrational. [2018] iehc 689 has refused a

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Courts Service · 2018-10-30 · courts

Court of Appeal dismisses both appeals in mortgage possession dispute

court of appeal dismisses both appeals in mortgage possession dispute the upheld injunctions against a borrower who placed animals on secured land after had been taken, and rejected his motion to dismiss proceedings. [2018] ieca 334 dismissed two by eugene costello arising from with carlisle mortgag

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Courts Service · 2018-10-26 · courts

Court of Appeal dismisses Dylan Cahill sentence appeal, grants 55 days’ custody credit

court of appeal dismisses dylan cahill sentence appeal, grants 55 days’ custody credit the upheld a six years with final year suspended, varying order only to time spent in before bail. appeal; under imposed by special criminal court; co-accused sentenced circuit has dismissed cahill’s against sever

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Courts Service · 2018-10-26 · courts

High Court dismisses claim over child’s fall from Tipperary estate wall

high court dismisses claim over child’s fall from tipperary estate wall the found council was not liable for a injuries, concluding accident reasonably foreseeable and that had no inherent defect. [2018] iehc 830 dismissed personal injuries against county girl’s boundary in local authority housing e

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Courts Service · 2018-10-26 · courts

High Court dismisses claim over insurance cover for depression

high court dismisses claim over insurance cover for depression the found that policy covered life assurance and critical illness, but not permanent total disability, ruled insurer could rely on binding, unappealed ombudsman finding. [2018] iehc 801 has dismissed justin harmon’s against irish plc an

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Courts Service · 2018-10-26 · courts

High Court allows Legal Aid Board to enforce 2010 costs order

high court allows legal aid board to enforce 2010 costs order the granted leave execute against dolores mannion after finding had a reasonable explanation for waiting and that evidence did not establish unfair prejudice. [2018] iehc 606 has allowed seek execution of supreme mannion, refusing her req

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Courts Service · 2018-10-26 · courts

Court of Appeal rejects conviction appeal and DPP bid to increase sentence

court of appeal rejects conviction and dpp bid to increase sentence the upheld trial process dismissed dpp’s review application, finding six-year rape lenient but not so as meet legal threshold for intervention. has rejected an by a man identified j.a. against his sexual assault, director public pro

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Courts Service · 2018-10-26 · courts

Court of Appeal dismisses appeal against sentence for sexual offences

court of appeal dismisses against sentence for sexual offences the held that circuit fell within available range and disclosed no error in principle. 279/2017 appeal; underlying sentences imposed dublin criminal has dismissed s.a.’s severity assault buggery involving his nephew, who was also godson.

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Courts Service · 2018-10-25 · courts

High Court rejects Oberstown child’s challenge to enhanced remission rules

high court rejects oberstown child’s challenge to enhanced remission rules the dismissed a judicial review application seeking access remission, finding child was detained under different statutory regime from adults and he claimed applied him. [2018] iehc 601 has by minor at oberstown, who argued t

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Courts Service · 2018-10-25 · courts

High Court dismisses claim over Furness Hall after rejecting alleged promise of ownership

high court dismisses claim over furness hall after rejecting alleged promise of ownership the found brendan o’rourke had not proved that property was promised to him and his former wife or he carried out work in reliance on such a promise. [2018] iehc 791 dismissed o’rourke’s beneficial interest hal

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Courts Service · 2018-10-25 · courts

Court of Appeal reduces Roscrea feud sentence and makes terms concurrent

court of appeal reduces roscrea feud sentence and makes terms concurrent the quashed stephen brophy’s consecutive sentences for violent disorder assault causing harm, replacing them with shorter suspension periods. has prison imposed on brophy harm during a between two families in roscrea, reducing

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Courts Service · 2018-10-24 · courts

High Court orders removal of Blind Harbour breakwater from State foreshore

high court orders removal of blind harbour breakwater from state foreshore the found owners had asserted possession a built by predecessor and directed its to restore public access. it left timetable for works later submissions. [2018] iehc 627 has pierre catherine damiens remove at harbour, co cork

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Courts Service · 2018-10-23 · courts

High Court refuses family’s bid for access to Garda file before inquest

high court refuses family’s bid for access to garda file before inquest the dismissed a judicial review challenge over coroner’s refusal release file, finding that he could not decide an síochána’s privilege claim. had yet taken place. [2018] iehc 707 has brought by four sisters seeking investigatio

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Courts Service · 2018-10-23 · courts

High Court awards AIB final judgment of €3.5m against Kilkenny borrowers

high court awards aib final judgment of €3.5m against kilkenny borrowers the rejected four proposed defences to bank’s summary claim, including limitation and alleged promises development funding. it said would hear further submissions on a stay. [2018] iehc 628 has awarded allied irish banks plc €3

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Courts Service · 2018-10-23 · courts

Supreme Court dismisses appeals over handcuffing in drink-driving arrests

supreme court dismisses appeals over handcuffing in drink-driving arrests the held that district applied wrong test under cullen decision when finding unlawful. concerned limits of a case stated appeal and legal approach to handcuffing. ireland has dismissed by cicero pires, james corrigan paul gann

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Courts Service · 2018-10-23 · courts

Court of Appeal dismisses Wayne Kinsella’s challenge to murder conviction

court of appeal dismisses wayne kinsella’s challenge to murder conviction the rejected his arguments about corroboration, witness credibility and disclosure a confidential informant, refused admit additional evidence from later trials. [203/12] has dismissed against for adil essalhi, finding no erro

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Courts Service · 2018-10-22 · courts

High Court refuses Chubb’s judicial review challenge over student health insurance notice

high court refuses chubb’s judicial review challenge over student health insurance notice the rejected remaining grounds of chubb european group’s to an enforcement concerning its medicover policy for non-eea students, after related statutory proceedings addressed other issues. [2018] iehc 608 has r

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Courts Service · 2018-10-22 · courts

High Court adjourns Irish Times bid for Swan Bar financial records

high court adjourns irish times bid for swan bar financial records the newspaper sought discovery in a defamation action over 2016 article. made no order, allowing time parties to clarify claim. [2018] iehc 607 adjourned limited’s application from company operating bar, did not decide whether must b

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Courts Service · 2018-10-22 · courts

High Court upholds health insurance regulator’s direction on cover for non-EEA students

high court upholds health insurance regulator’s direction on cover for non-eea students the refused an insurer’s application to cancel enforcement concerning its medicover policy studying in ireland more than one academic year. [2018] iehc 609 chubb european group plc’s a issued by authority (hia) o

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Courts Service · 2018-10-22 · courts

Court of Appeal cuts burglary sentence after finding six-year starting point too high

court of appeal cuts burglary sentence after finding six-year starting point too high the quashed william fitzgerald’s and resentenced him to a net 18 months in prison, with final six suspended subject conditions. has four-year imposed on fitzgerald for kilkenny an ex tempore judgment delivered 22 o

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Courts Service · 2018-10-22 · courts

Court of Appeal rejects challenge to five-year endangerment sentences

court of appeal rejects challenge to five-year endangerment sentences the said were severe, but did not fall outside available range given driving, previous convictions and disqualification orders. has dismissed an against two concurrent prison for endangerment, ruling that although they range. foll

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Courts Service · 2018-10-22 · courts

High Court refuses bid to have DPP consider Irish prosecution before US extradition

high court refuses bid to have dpp consider irish prosecution before us extradition the refused judicial review, finding application was out of time, failed disclose relevant case law at leave stage and did not establish a right considered. [2018] iehc 585 has daniel mullan’s for review seeking requ

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Courts Service · 2018-10-22 · courts

Court of Appeal cuts rape sentences after sentencing judge misstated earlier term

court of appeal cuts rape sentences after sentencing judge misstated earlier term the reduced two eight-year to six years each, citing concern that had relied on an incorrect account imposed in wicklow. d.n. for oral each finding referred from case ex tempore judgment delivered 22 october 2018, allo

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Courts Service · 2018-10-22 · courts

Court of Appeal dismisses challenge to activation of Gerry Wall’s suspended sentence

court of appeal dismisses challenge to activation gerry wall’s suspended sentence the found sentencing judge had considered partial but was entitled activate full after finding no compliance with probation conditions. has dismissed against his burglary conviction, error in judge’s approach breach wa

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Courts Service · 2018-10-21 · courts

High Court dismisses bid to replace Chambury liquidator

high court dismisses bid to replace chambury liquidator balark investments sought a court-supervised liquidation, citing concerns about property transfer, litigation costs and the creditors’ meeting. judge ruled that evidence did not justify replacing already in place. [2018] iehc 633 has dismissed

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Courts Service · 2018-10-19 · courts

High Court rules cadet entry requirement was unfairly applied to applicant

high court rules cadet entry requirement was unfairly applied to applicant the found that a change in how leaving certificate requirements were made without reasonable notice. it upheld judicial review application but left wording of order for discussion with parties. [2018] iehc 672 has ruled defen

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Courts Service · 2018-10-19 · courts

Court of Appeal stops RS’s protection appeal pending test case

court of appeal stops rs’s protection pending test case the allowed against refusal an injunction, finding that ipat hearing could make his judicial review moot before a related was decided. [2018] ieca 322 has and ordered to international appeals tribunal (ipat) be restrained until is determined in

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Courts Service · 2018-10-19 · courts

High Court says deceased parents’ adoption consent need not be dispensed with

high court says deceased parents’ adoption consent need not be dispensed with in a case stated about proposed by child’s foster parents, the answered that no separate application was required to dispense where necessary person had died. several broader questions were left open or did arise on facts.

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Courts Service · 2018-10-19 · courts

Court of Appeal suspends final year of sentence for man who placed pipe bomb at Dublin home

court of appeal suspends final year sentence for man who placed pipe bomb at dublin home the substituted a five-year with 12 months suspended two years after finding insufficient weight had been given to cumulative mitigating factors. prison mark o’shea whose were his release. it found that sentenci

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Courts Service · 2018-10-19 · courts

High Court sends €259,966 loan claim to full hearing over alleged non-recourse promise

high court sends €259,966 loan claim to full hearing over alleged non-recourse promise the refused summary judgment after finding an arguable defence that borrower signed believing was non-recourse. it rejected his other proposed defences and did not decide whether debt is owed. [2018] iehc 572 has

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Courts Service · 2018-10-19 · courts

High Court refuses bid to add evidence in Pentire loan transfer dispute

high court refuses bid to add evidence in pentire loan transfer dispute the application introduce company records after a hearing had concluded failed because material was available earlier and would not have materially affected motion. [2018] iehc 575 refused patricia hinde’s further proceedings co

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Courts Service · 2018-10-19 · courts

Tuam court grants care orders for three children until adulthood

tuam court grants care orders for three children until adulthood the district found that all required or protection they were unlikely to receive without orders. it ordered annual reviews and a review of youngest child’s order after years. court, area tuam, no. 4 in granted reach adulthood, finding

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Courts Service · 2018-10-19 · courts

Court of Appeal dismisses challenge to six-year sentence for IRA membership

court of appeal dismisses challenge to six-year sentence for ira membership the found that appellant’s work record and lack relevant previous convictions warranted only modest mitigation in circumstances case. appeal; from special criminal has dismissed ryan glennon’s against severity a prison impos

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Courts Service · 2018-10-18 · courts

Appeal court upholds removal of land notices after delay in property claim

appeal court upholds removal of land notices after delay in property claim the dismissed eamonn carthy’s challenge to an order lifting lis pendens on two tipperary folios, while leaving his underlying free continue. [2018] ieca 321 has against removing pending litigation from folios tipperary, rulin

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Courts Service · 2018-10-18 · courts

Supreme Court sends allowance dispute back to High Court for rehearing

supreme court sends allowance dispute back to high for rehearing the set aside court’s finding against minister one applicant and ordered a limited whether transport liaison officers’ was unlawfully terminated. has that education acted in ending former mayo vec chief executive, remitted issue before

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Courts Service · 2018-10-18 · courts

High Court refuses to dismiss bankruptcy summons against David Wright

high court refuses to dismiss bankruptcy summons against david wright the is based on an enforceable €1.74 million judgment. said pending appeal did not create issue requiring be dismissed, but directed that petition heard after decided. [2019] iehc 574 has refused wright’s application a issued by l

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Courts Service · 2018-10-18 · courts

Court of Appeal dismisses appeal over Cork cannabis sentence

court of appeal dismisses over cork cannabis sentence the found that a requiring 18 months in custody was within available range and appropriate for drug offence. has dismissed grzegorz osinski’s against severity imposed possessing sale or supply stun gun. delivered its judgment on october 2018. dru

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Courts Service · 2018-10-18 · courts

Supreme Court dismisses fish company’s appeal over lay representation

supreme court dismisses fish company’s appeal over lay representation the held that companies may be represented by a person only in exceptional circumstances, which it found had not been established this case. dismissed aqua fresh limited’s against ruling refused its managing director permission to

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Courts Service · 2018-10-17 · courts

High Court allows insulation firm to amend defence in house damage case

high court allows insulation firm to amend defence in house damage case the permitted permagreen plead that some arose from other causes, while leaving plaintiffs prove what flowed admitted wrongdoing. [2018] iehc 573 has allowed (ireland) limited its a brought by michael and silvia gunning over the

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Courts Service · 2018-10-16 · courts

Appeal court cuts sentences for Clonmel carjacking and abduction

appeal court cuts sentences for clonmel carjacking and abduction the of reduced terms two men convicted false imprisonment, robbery, arson taking a motor vehicle, while upholding activation an earlier suspended sentence one appellant. imposed on adam brady ryan tate violent attack in clonmel, but sa

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Courts Service · 2018-10-16 · courts

High Court declines to rule on challenge to €1,000 surety requirement

high court declines to rule on challenge €1,000 surety requirement the held that applicant had an alternative route seek a change his recognisances, but made no finding whether district judge acted reasonably. [2018] iehc 605 declined determine judicial review independent imposed after wolfgang kolt

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Courts Service · 2018-10-16 · courts

High Court dismisses appeal over voided home insurance policy

high court dismisses appeal over voided home insurance policy the found that policyholder had not shown a serious and significant error in ombudsman’s findings, which rejected his claim form was altered after he signed it. [2018] iehc 581 has dismissed conor o’donoghue’s against two findings by fina

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Courts Service · 2018-10-15 · courts

Court of Appeal dismisses Brendan Flynn’s appeal over €135,980 Bank of Ireland judgment

court of appeal dismisses brendan flynn’s over €135,980 bank ireland judgment the upheld high court’s money and dismissal claims against bank, finding no basis to interfere with trial judge’s findings. [2018] ieca 320 has dismissed a ordering him pay €135,980.91 dismissing his others. in delivered b

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Courts Service · 2018-10-15 · courts

Court of Appeal dismisses DPP appeal over suspended drug sentence

court of appeal dismisses dpp over suspended drug sentence the said four-year was lenient, but dismissed appeal, citing exceptional delay linked to a legal ruling and prisoner’s imminent release. has director public prosecutions seeking increase imposed on christopher geraghty for possessing pvp wor

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Courts Service · 2018-10-15 · courts

Court of Appeal increases sentences for two assaults, suspending final 2½ years

court of appeal increases sentences for two assaults, suspending final 2½ years the found original terms unduly lenient and resentenced a young man who had already completed them, while part new sentence. has quashed imposed on patrick harty assaults him after finding lenient. it five half assault c

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Courts Service · 2018-10-15 · courts

High Court postpones Patrick Daly’s bankruptcy discharge until 2025

high court postpones patrick daly’s bankruptcy discharge until 2025 the found serious and continuing non-cooperation with official assignee, while leaving validity of disputed share transactions for other proceedings. [2018] iehc 579 has postponed j. from 23 november 2025, tenth anniversary his adju

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Courts Service · 2018-10-15 · courts

High Court orders discovery of prior HSBC witness statements, with limits

high court orders discovery of prior hsbc witness statements, with limits the allowed access to statements from primeo proceedings and two thema witnesses, but held that other unadopted remained privileged. [2018] iehc 587 court, commercial has ordered provide defender limited earlier involving fund

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Courts Service · 2018-10-15 · courts

Dungarvan court refuses bid to exclude evidence in drug-driving case

dungarvan court refuses bid to exclude evidence in drug-driving case the district rejected two grounds for a direction at close of prosecution case, finding challenged section 15 admissible and no requirement explain possible charge consequences choosing blood over urine. area dungarvan, no. 21 refu

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Courts Service · 2018-10-15 · courts

Court activates Dunne’s suspended sentence in full, backdated to January 2018

court activates dunne’s suspended sentence in full, backdated to january 2018 the of appeal acted on a probation service application after accepting that christopher dunne had breached conditions. 231/2018 activated with activation dated from 18 2018, considering an brought at service’s instigation.

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Courts Service · 2018-10-15 · courts

Bankrupt may cross-examine Official Assignee, but only on asset-related allegations

bankrupt may cross-examine official assignee, but only on asset-related allegations the high court allowed questioning two affidavits supporting an application to extend a bankruptcy, while limiting its scope assignee’s stated belief about alleged failures cooperate or disclose assets. [2018] iehc 5

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Courts Service · 2018-10-12 · courts

Court of Appeal refuses new evidence bid in solicitor’s €150,000 fee case

court of appeal refuses new evidence bid in solicitor’s €150,000 fee case the said could have been presented before high court’s 2014 summary judgment. it allowed peter mcnicholas’s son-in-law to speak for him on because medical showed he not present his himself. [2018] ieca 319 refused application

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Courts Service · 2018-10-12 · courts

High Court refuses late challenge to An Bord Pleanála planning decision

high court refuses late challenge to an bord pleanála planning decision the found applicants had not shown that circumstances outside their control prevented them from applying within statutory eight-week period. [2018] iehc 829 has refused maurice and eileen browne extension of time seek judicial r

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Courts Service · 2018-10-12 · courts

High Court refuses former owner’s bid for €76,840 sale surplus

high court refuses former owner’s bid for €76,840 sale surplus the held that, after costs, remaining proceeds from a dublin property should go to next entitled judgment mortgagee. [2019] iehc 828 has refused james walsh’s application have bank release of him or his solicitors. it ordered ireland, de

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Courts Service · 2018-10-12 · courts

High Court upholds long-term leases over three Cork business park units

high court upholds long-term leases over three cork business park units the rejected a medical supplier’s attempt to end its tenancies by one month’s notice and ordered payment of rent arrears stamping costs. [2018] iehc 802 ruled that mms limited remains bound at matthew hill in cork, company pay €

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Courts Service · 2018-10-11 · courts

High Court to grant judgment against borrower over €2.1m loan

high court to grant judgment against borrower over €2.1m loan the found no credible defence promontoria’s summary application, but said it would hear counsel on terms of final order. [2018] iehc 563 court, commercial has will cathal mallon in promontoria (arrow) limited’s claim an unpaid loan, after

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Courts Service · 2018-10-11 · courts

Court of Appeal increases sentences in cannabis grow-house case to six years

court of appeal increases sentences in cannabis grow-house case to six years the found original five-year unduly lenient, but accepted that guilty pleas and cooperation justified departing from statutory 10-year minimum. increased imposed on a man who pleaded two possession offences, finding terms w

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Courts Service · 2018-10-11 · courts

Court of Appeal dismisses fishing vessel master’s conviction appeal

court of appeal dismisses fishing vessel master’s conviction the left in place a over prohibited grading equipment aboard wiron 5, saying evidence could support jury’s conclusion that did not meet conditions for an exception. has dismissed by master 5 against his carrying automatic fish-grading with

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Courts Service · 2018-10-11 · courts

Horse trainer and rider share blame for fall at gallops, High Court rules

horse trainer and rider share blame for fall at gallops, high court rules the found responsible two thirds of fault after a was startled by tractor, contributorily negligent. it assessed damages but deferred final net judgment order. [2018] iehc 602 rider’s serious injuries tractor parked beside an

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Courts Service · 2018-10-10 · courts

Court of Appeal dismisses challenge to Lithuanian man’s removal order

court of appeal dismisses challenge to lithuanian man’s removal order the held that minister could rely on repeated offending in affirming order, and ruled he lacked standing relevant transposition eu law facts his case. [2018] ieca 304 has dismissed a against high court’s refusal quash made by for

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Courts Service · 2018-10-10 · courts

High Court grants AIB Mortgage Bank €313,570 judgment over buy-to-let loan

high court grants aib mortgage bank €313,570 judgment over buy-to-let loan the defendants’ consumer-protection defence and request for an eu referral failed at summary stage, said. [2018] iehc 555 has granted against declan gunning fiona a used to buy property stated be letting. also rejected applic

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Courts Service · 2018-10-10 · courts

Court of Appeal dismisses Rattigan’s appeal against heroin convictions

court of appeal dismisses rattigan’s against heroin convictions the rejected all eight grounds and held that special criminal was entitled to convict him on evidence. his 17-year concurrent sentences remained in place. has dismissed brian for possessing diamorphine, including possession sale or supp

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Courts Service · 2018-10-09 · courts

High Court refuses bid to quash Kilkenny District Court convictions

high court refuses bid to quash kilkenny district convictions the rejected a judicial review application over road traffic and public order convictions, refused late motion add further grounds challenging hearing. [2018] iehc 576 has lee heffernan’s sentences imposed by in june 2017 for offences. mr

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Courts Service · 2018-10-09 · courts

Supreme Court refuses to let ward’s appeal be withdrawn while related cases remain unresolved

supreme court refuses to let ward’s appeal be withdrawn while related cases remain unresolved the left ann clohessy’s in abeyance and directed that it listed with other pending appeals for issue revisited. 54/2011 of ireland has refused allow general solicitor minors wards withdraw an involving cloh

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Courts Service · 2018-10-09 · courts

Court of Appeal dismisses appeal against robbery sentences

court of appeal dismisses against robbery sentences the found no error in a seven-year aggregate sentence, including consecutive term for committed while appellant was on bail. appeal; circuit criminal dublin (sentencing court) has dismissed james barry’s severity imposed two robberies, finding that

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Courts Service · 2018-10-09 · courts

AIB guarantee claim sent to plenary hearing over arguable past-consideration defence

aib guarantee claim sent to plenary hearing over arguable past-consideration defence the high court refused summary judgment against two guarantors, finding their when guarantees were given required a full hearing. it rejected other proposed grounds as defences. [2018] iehc 561 has allied irish bank

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Courts Service · 2018-10-09 · courts

High Court grants leave for claim over 2014 mental-health detention to proceed

high court grants leave for claim over 2014 mental-health detention to proceed the allowed j. o’t. bring claims against a doctor and four other intended defendants, finding allegations raised issues trial. it made no that would succeed. [2018] iehc 571 has granted civil proceedings his arrest in mar

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Courts Service · 2018-10-09 · courts

High Court says failed breath test could support Kilkenny drink-driving arrest

high court says failed breath test could support kilkenny drink-driving arrest the answered a district case stated in negative, finding not be treated as unlawful solely because it was based on preliminary test. did decide underlying charge. [2018] iehc 577 ruled that garda form opinion needed to dr

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Courts Service · 2018-10-09 · courts

Supreme Court says O’Connor’s Brexit challenge may not need a further EU court ruling

supreme court says o’connor’s brexit challenge may not need a further eu ruling the said had answered substantially identical questions in related case, and proposed four-week mention before considering whether to dismiss application reaffirm existing surrender order. has it is no longer satisfied t

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Courts Service · 2018-10-08 · courts

Court of Appeal increases sentences in arson and false imprisonment case

court of appeal increases sentences in arson and false imprisonment case the quashed circuit imposed nine years for counts; one respondent also received a consecutive 12-month sentence later assault. has on two men replaced them with nine-year terms relevant counts. it judgment delivered 8 october 2

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Courts Service · 2018-10-08 · courts

High Court orders surrender to Czech Republic over five-year sentence

high court orders surrender to czech republic over five-year sentence the rejected objections under irish law, including challenges based on sentence, appeal hearing held in respondent’s absence and delay. [2018] iehc 584 has ordered of a man serve for seven financial offences, rejecting his europea

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Courts Service · 2018-10-08 · courts

Court of Appeal refuses DPP challenge to lenient Cork sentence

court of appeal refuses dpp challenge to lenient cork sentence the said for robbery, burglary and theft was very but remained within sentencing judge’s available range. has refused a director public prosecutions application review as unduly 12-month imposed in cork. “very lenient” range judge, decli

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Courts Service · 2018-10-08 · courts

High Court adds appeals tribunal as notice party but refuses stay in protection case

high court adds appeals tribunal as notice party but refuses stay in protection case mr justice richard humphreys refused to pause the operation of a first-instance decision while judicial review proceedings continued, leaving applicant’s appeal proceed. [2018] iehc 559 has an application internatio

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Courts Service · 2018-10-05 · courts

Court of Appeal dismisses appeal against six-year cannabis sentence

court of appeal dismisses against six-year cannabis sentence the found no sentencing error in a case involving valued at €39,000. three years original had been suspended. 18/2018 has dismissed an by daniel muszak for possessing €39,000, finding principle judge’s approach. was imposed cork circuit cr

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Courts Service · 2018-10-05 · courts

High Court allows lender’s name to be amended in possession proceedings

high court allows lender’s name to be amended in possession proceedings the permitted launceston property finance limited renamed as designated activity company case title, relying on company’s incorporation certificate and companies act 2014. [2018] iehc 552 has allowed plaintiff’s against frank lo

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Courts Service · 2018-10-05 · courts

Court of Appeal rejects DPP challenge to suspended sentences for Dundalk driving episode

court of appeal rejects dpp challenge to suspended sentences for dundalk driving episode the held that were very lenient but not unduly lenient, and refused dpp’s application review them. 246cja/17 has a director public prosecutions as imposed on jarlath higgins criminal damage dangerous during prol

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Courts Service · 2018-10-04 · courts

High Court allows anonymised reporting of special care proceedings

high court allows anonymised reporting of special care proceedings the held it retained discretion to lift in-camera rule and permitted a research project an academic researcher attend report, subject protecting child’s identity. [2018] iehc 568 has ruled that retains in under part iva child act 199

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Courts Service · 2018-10-04 · courts

Supreme Court dismisses appeal over Bank of Ireland guarantees

supreme court dismisses appeal over bank of ireland guarantees the upheld summary judgments against four guarantors a construction company’s debt, finding no arguable defence or counterclaim had been shown. has dismissed an by in favour governor and company debt owed lockson limited. judgment, deliv

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Courts Service · 2018-10-04 · courts

High Court quashes refusal of restaurant’s employment permit renewal

high court quashes refusal of restaurant’s employment permit renewal the found minister had wrongly treated two statutory grounds as preventing a from being issued, without considering circumstances or explaining why employer’s account was unacceptable. [2018] iehc 546 has quashed decision refusing

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Courts Service · 2018-10-04 · courts

High Court orders fresh ICA elections after finding constitutional breaches

high court orders fresh ica elections after finding constitutional breaches the found that motions to defer 2018 breached association’s constitution, but said second ballot should not be counted because some guilds believed it had been cancelled. [2018] iehc 551 at irish countrywomen’s (ica) april a

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Courts Service · 2018-10-03 · courts

Court of Appeal dismisses company’s appeal over school bus testing conviction

court of appeal dismisses company’s over school bus testing conviction the upheld o’reilly commercials limited’s failing to note a modified rear suspension during vehicle test before fatal 2006 crash. has dismissed against its commercial that failed on later involved in company was convicted by jury

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Courts Service · 2018-10-03 · courts

Court of Appeal dismisses appeal by man convicted of indecent assault

court of appeal dismisses by man convicted indecent assault the rejected challenges to photographs appellant’s genital area and gardaí’s process for obtaining his consent. convictions sentences remain in place. has dismissed an a identified as pm against two counts assault, leaving concurrent prison

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Courts Service · 2018-10-03 · courts

High Court orders Leaving Cert appeal decision in time for UCD veterinary offer

high court orders leaving cert appeal decision in time for ucd veterinary offer a student whose business paper was wrongly marked gained admission to medicine after the required state examinations commission decide her within two days. found system’s delays unfair and disproportionate; it left costs

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Courts Service · 2018-10-03 · courts

Court of Appeal rejects mother’s challenge to child’s return to Sweden

court of appeal rejects mother’s challenge to child’s return sweden the dismissed all grounds against high court’s summary order, with precise undertakings still be settled. [2018] ieca 323 has rejected a an order for her son under hague convention on international child abduction. said parties woul

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Courts Service · 2018-10-03 · courts

Court of Appeal cuts secretary’s sentence for €1.18m cheque fraud to three years, suspends final year

court of appeal cuts secretary’s sentence for €1.18m cheque fraud to three years, suspends final year the quashed 32 concurrent four-year sentences, finding an error in sentencing judge’s unexplained approach gravity and mitigation. it imposed years’ imprisonment, with suspended two years after rele

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Courts Service · 2018-10-03 · courts

Court of Appeal raises sentence for aggravated burglary of Wicklow couple’s home

court of appeal raises sentence for aggravated burglary wicklow couple’s home the quashed a seven-year with three years suspended and resentenced carl freeman to ten years, suspending final four backdating july 2015. has increased imposed on an at elderly in co wicklow, finding original unduly lenie

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Courts Service · 2018-10-03 · courts

Court of Appeal finds child offender’s sentences unduly lenient but cannot resentence him

court of appeal finds child offender’s sentences unduly lenient but cannot resentence him the said did not reflect gravity offending, ruled it had no legal power to replace them after respondent reached adulthood. found that imposed on p. mcc. for a series offences committed as were lenient, could n

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Courts Service · 2018-10-03 · courts

High Court dismisses Israeli woman’s challenge to refugee refusal

high court dismisses israeli woman’s challenge to refugee refusal the rejected her judicial review of a decision affirming recommendation that she should not be declared refugee. it did decide whether extend time limit because failed on its merits. [2018] iehc 564 has dismissed brought by an woman w

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Courts Service · 2018-10-03 · courts

Court of Appeal reduces sentence for man convicted of assaults on foster daughter and granddaughter

court of appeal reduces sentence for man convicted assaults on foster daughter and granddaughter the quashed a seven-year global imposed revised term five half years, with no part suspended. reduced ad indecent sexual against two girls who were in his family’s care. it original resentenced him to ye

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Courts Service · 2018-10-03 · courts

High Court refuses bid to dismiss Irish bankruptcy proceedings

high court refuses bid to dismiss irish bankruptcy proceedings the held ireland was appropriate forum for official assignee’s claim and dismissed defendant’s motion strike out or it. [2018] iehc 536 has gayle dunne’s brought by christopher lehane, assignee in sean bankruptcy. argued that case should

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Courts Service · 2018-10-03 · courts

High Court rules Burke’s driving admission was involuntary but admissible under road traffic law

high court rules burke’s driving admission was involuntary but admissible under road traffic law the answered a case stated on admissibility of statement made after garda demand section 107, while leaving underlying dangerous-driving proceedings for district court. [2018] iehc 554 ruled that stephen

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Courts Service · 2018-10-03 · courts

Court of Appeal quashes sentence as unduly lenient and imposes three-year term

court of appeal quashes sentence as unduly lenient and imposes three-year term the replaced a 16-month for threatening to kill or cause serious harm, suspending remainder three years subject probation peace bond. has quashed imposed on darren o’brien finding it lenient, resentenced him years’ impris

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Courts Service · 2018-10-02 · courts

Court of Appeal dismisses challenge to eight-year sentence for serious assault

court of appeal dismisses challenge to eight-year sentence for serious assault the found no error principle in imposed an attack that left victim with extensive facial scarring. has dismissed sean farrell’s against severity his prison causing harm. it term fell within range open sentencing judge and

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Courts Service · 2018-10-02 · courts

Court of Appeal dismisses shareholders’ challenge to ILP recapitalisation order

court of appeal dismisses shareholders’ challenge to ilp recapitalisation order the upheld high court’s refusal set aside 2011 direction order, finding minister’s decision was not shown be unreasonable in law. [2018] ieca 300 has dismissed an by four shareholders challenging that enabled minister fo

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Courts Service · 2018-10-02 · courts

Court of Appeal rejects Diesel’s bid to add evidence in long-running trade mark case

court of appeal rejects diesel’s bid to add evidence in long-running trade mark case the held that proposed material could have been provided controller with reasonable diligence, and allowed controller’s appeal. [2018] ieca 299 has ruled diesel s.p.a. cannot introduce additional its over refusal ap

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Courts Service · 2018-10-02 · courts

Court of Appeal dismisses challenge to revocation of two refugees’ status

court of appeal dismisses challenge to revocation two refugees’ status the upheld high court’s decision, finding no error in its assessment that material information had been withheld during asylum applications. [2018] ieca 303 has dismissed appeals by anonymised appellants against their refugee sta

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Courts Service · 2018-10-02 · courts

Appeal court lets school abuse claim proceed in part after striking out sexual abuse claim

appeal court lets school abuse claim proceed in part after striking out sexual the of upheld dismissal concerning a deceased alleged abuser but allowed claims physical assault to continue, subject warning against further delay. [2018] ieca has an long-running case brought by anthony mcdonagh over at

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Courts Service · 2018-10-02 · courts

Court of Appeal activates two years of James Cronin’s suspended sentence

court of appeal activates two years james cronin’s suspended sentence the rejected a challenge to its jurisdiction based on errors in bond and activated part five-year term. judgment’s final paragraph does not state effective date. 62/2017 five that had been suspended, finding he complied with condi

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Courts Service · 2018-10-02 · courts

High Court admits bank staff affidavits over address and swearing objections

high court admits bank staff affidavits over address and swearing objections the ruling resolves an evidential objection in two pending motions. it does not decide bank’s application to dismiss plaintiff’s claim or separate requests. [2018] iehc 589 admitted from of ireland mortgage employees for he

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Courts Service · 2018-10-02 · courts

Court of Appeal makes no further order after progress in anger-management programme

court of appeal makes no further order after progress in anger-management programme the said probation reports showed improved engagement by dean moore and concluded that was required. made hearing had re-engaged with supervision participating an programme. ex tempore judgment delivered on 2 october

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Courts Service · 2018-10-02 · courts

Court of Appeal dismisses challenge to life sentences for sexual offences

court of appeal dismisses challenge to life sentences for sexual offences the held that combination serious against two complainants, violence involved and appellant’s relevant record justified sentencing judge’s decision. has dismissed an severity imposed on michael o’brien his then girlfriend her

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Courts Service · 2018-10-01 · courts

Court of Appeal upholds dismissal of Lindane and forestry damage claim

court of appeal upholds dismissal lindane and forestry damage claim the found that long delay had seriously prejudiced coillte’s ability to defend claim, including because key witnesses died or could not be located. [2018] ieca (neutral citation number incomplete in source) has dismissed rosita swee

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Courts Service · 2018-10-01 · courts

AIB’s €3.7m summary judgment claim sent to plenary hearing

aib’s €3.7m summary judgment claim sent to plenary hearing the high court found that bank had not put complete loan agreement before it and third defendant an arguable defence. ordered case proceed a hearing. [2018] iehc 534 has allied irish banks plc’s for of more than €3.7 million against albert p

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Courts Service · 2018-10-01 · courts

High Court allows Zurich to be joined in cattle-feed machine injury case

high court allows zurich to be joined in cattle-feed machine injury case the order permits defendant issue and serve a third-party notice; it does not decide whether is liable or must indemnify it. [2018] iehc 532 has allowed insurance plc as third party personal injuries action brought by farmer jo

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Courts Service · 2018-10-01 · courts

High Court refuses appeal certificate in Cleanrath wind farm case

high court refuses appeal certificate in cleanrath wind farm case the found applicants’ three proposed questions did not establish points of law exceptional public importance warranting an appeal. [2018] iehc 535 court, commercial has refused klaus balz and hanna heubach a to its dismissal their cha

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Courts Service · 2018-10-01 · courts

High Court refuses judicial review over pending criminal injuries claim

high court refuses judicial review over pending criminal injuries claim the tribunal had not decided applicant’s incomplete compensation claim, leaving no decision for to review. judge refused all reliefs sought. [2018] iehc 527 sought by sultan chakari in proceedings concerning tribunal, finding th

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Courts Service · 2018-10-01 · courts

High Court dismisses prison injury claim after years of unexplained delay

high court dismisses prison injury claim after years of unexplained delay mr justice max barrett struck out patrick roche’s over an alleged 2005 assault, finding the inexcusable and concluding that constitutional echr obligations required case to end, despite insufficient evidence concrete trial pre

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Courts Service · 2018-10-01 · courts

High Court refuses parole review bid by prisoner detained in Central Mental Hospital

high court refuses parole review bid by prisoner detained in central mental hospital the held that minister’s temporary-release power applied to people prison, while m was under a separate mental-health regime. [2018] iehc 531 refused all relief sought life identified as m, who asked it require boar

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Courts Service · 2018-10-01 · courts

Court of Appeal quashes order allowing woman to withdraw guilty plea

court of appeal quashes order allowing woman to withdraw guilty plea the held that judicial review was premature while criminal trial remained unfinished, leaving an after sentence as appropriate route. [2018] ieca 302 appeal; underlying in nenagh circuit court; high has allowed director public pros

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Courts Service · 2018-10-01 · courts

High Court says blood-sample form errors do not require drink-driving case to be dismissed

high court says blood-sample form errors do not require drink-driving case to be dismissed the answered legal questions referred by a district judge, ruling that other evidence could considered despite omissions in doctor’s form. it did decide accused’s guilt or prosecution’s final outcome. [2018] i

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Courts Service · 2018-10-01 · courts

High Court orders reasons for three-year exclusion period, adjourns challenge

high court orders reasons for three-year exclusion period, adjourns challenge the left to order unresolved while requiring minister explain period and say whether those were held when was made. [2018] iehc 538 ordered justice equality provide a imposed on an applicant, state minister’s it adjourned

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Courts Service · 2018-10-01 · courts

High Court declines to answer questions in adult caution case stated

high court declines to answer questions in adult caution case stated the said an evidential deficit and a question concerning scheme’s constitutionality made it inappropriate address district judge’s questions. [2018] iehc 528 declined referred by judge about whether accused charged with begging cou

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Courts Service · 2018-10-01 · courts

High Court quashes refusal of retired garda’s compensation application

high court quashes refusal of retired garda’s compensation application the found minister applied wrong test when refusing shane devlin permission to seek for injuries sustained while on duty. was remitted fresh consideration; did not decide whether is due. [2018] iehc 530 has quashed justice and eq

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