Courts Service · 2018-12-21 · courts
high court refuses challenge to decision not process stamp 4 application the held that minister had given adequate reason deal with because applicant no current permission vary. it refused judicial review application. [2018] iehc 757 has yashraj jooree’s for of justice and equality’s his permission.
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Courts Service · 2018-12-21 · courts
high court dismisses challenge to rejection of nigerian protection appeal the ruled that applicant had not provided medical evidence a mental health condition or raised issue before appeals tribunal. it dismissed his judicial review application. [2018] iehc 792 has application challenging internatio
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Courts Service · 2018-12-21 · courts
high court orders ea ireland to continue paying director pending employment trial the interlocutory ruling also bars company from appointing a replacement while dispute proceeds plenary hearing; it makes no final determination on employee’s claims. [2018] iehc 786 has ordered electronic arts limited
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Courts Service · 2018-12-21 · courts
high court refuses challenge to refusal process residence application the held that minister was entitled decline an made under section 4 of immigration act 2004 because applicant did not hold extant permission section. [2018] iehc 756 has refused by dhanwantee bundhooa challenging for justice and e
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Courts Service · 2018-12-21 · courts
supreme court refuses retrial after forsey served sentence for quashed convictions the found that public interest in a fresh trial was outweighed by unfairness of putting fred on again he had his sentence. has refused an application director prosecutions (dpp) forsey, whose six corruption office wer
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Courts Service · 2018-12-21 · courts
court of appeal orders retrial in road injury damages case the said high court’s findings on chronic pain, its link to accident and claimant’s loss earnings were not sufficiently clear or coherent. it set aside decision ordered a retrial. [2018] ieca 401 has personal case, finding that had made pain
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Courts Service · 2018-12-21 · courts
high court refuses leave to appeal costs ruling in fingal planning case the found proposed points did not meet statutory test for certification and declined refer a question cjeu. [2017] iehc 763 has refused group of applicants’ request certify law over an earlier proceedings involving county counci
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Courts Service · 2018-12-21 · courts
high court refuses challenge to rejection of residence card application the upheld minister’s review decision after finding that applicant had not established dependence on, or membership of, his brother’s household in uk. [2018] iehc 779 has refused mohammad faisal ur rehman’s for judicial a refusi
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Courts Service · 2018-12-21 · courts
supreme court sends solicitor discipline applications back for fresh high hearing the found that daniel coleman was denied fair procedures when refused an adjournment in 2010. it remitted law society’s adjudication but his motions to add appeal grounds and evidence. has sent society of ireland’s aga
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Courts Service · 2018-12-21 · courts
high court refuses late bid to add procurement claim esb contract case the ruled that proposed new allegations would cause irremediable prejudice and were not justified after years of delay. [2018] iehc 761 refused a application by richard knowles amend his against electricity supply board (esb), fi
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Courts Service · 2018-12-21 · courts
high court orders fresh visa appeal review for boy, rejects his mother’s application the found minister had applied a dependency test that did not apply to under-21 direct descendant, but upheld refusal of appeal. [2018] iehc 759 has quashed decision on ahamed badshah’s and sent it back justice equa
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Courts Service · 2018-12-21 · courts
high court rejects estate’s claim to lien over land transferred builders the found that unpaid top-up related a retained share of was never transferred, so estate had no vendor’s now subject lender’s mortgage. [2018] iehc 771 court, commercial has ruled executors oliver murphy’s are not entitled an
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Courts Service · 2018-12-21 · courts
high court quashes visa appeal decisions after finding evidence was overlooked mr justice max barrett found deficiencies in the decision concerning muhammad bilal ashraf and quashed affecting his wife children as well. [2018] iehc 760 has involving a pakistani man, their two that man’s assessed on b
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Courts Service · 2018-12-21 · courts
high court refuses challenge to removal of prison cell shower screen the found governor’s decision was not arbitrary, capricious or unjust, and refused relief sought in judicial review. [2018] iehc 765 has a prisoner’s makeshift around toilet his shared at midlands prison. judgment delivered on 21 d
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Courts Service · 2018-12-21 · courts
high court dismisses two challenges to detention at cloverhill prison the held that regulations prescribing places for immigration remained effective after statutory amendments and dismissed both article 40 applications. [2018] iehc 783 has applications challenging of algerian nationals m.b. l.s. pr
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Courts Service · 2018-12-21 · courts
supreme court dismisses appeal over prison assault conviction the held that consent is an element of causing harm, but concluded alleged agreement in this case could not amount to effective because it was for unlawful purpose. dismissed gerard brown’s against his leaving place. judgment delivered by
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Courts Service · 2018-12-21 · courts
supreme court appeal dismissed as judges differ on consent in assault cases justice iseult o’malley agreed the should be dismissed, while setting out court’s agreement and explaining her concerns about consensual fighting. gerard brown’s appeal, with agreeing dunne’s judgment adding observations pos
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Courts Service · 2018-12-21 · courts
high court refuses challenge to protection appeal decision the rejected mr c’s grounds for quashing an ipat that found he had not established his claimed sexuality. [2018] iehc 755 has refused all relief sought by c in a international appeals tribunal (ipat) on subsidiary application. judgment deliv
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Courts Service · 2018-12-21 · courts
high court dismisses challenge to refusal of residence card the held that minister’s reasons for refusing iram gul’s application as her british brother’s permitted family member were clear and adequate. [2018] iehc 778 has dismissed judicial review minister justice equality’s decision uphold a broth
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Courts Service · 2018-12-21 · courts
court of appeal dismisses security officer’s personal injury the upheld high court’s refusal to adjourn trial and its dismissal claims against a delivery contractor two companies. [2018] ieca 402 has dismissed john rice’s his action alan muddiman, tesco ireland limited joseph brennan bakeries. it fo
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Courts Service · 2018-12-21 · courts
high court quashes refusal of employment permit after review gave new reasons without hearing applicant the set aside august 2017 decision and sent matter back for reconsideration, finding had not been allowed to address used uphold refusal. [2018] iehc 810 quashed a refusing an indian national reli
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Courts Service · 2018-12-21 · courts
high court grants injunction over waterford property pending trial of guarantee dispute a judge found serious questions to be tried about alleged undue influence in guarantees and mortgage, but made no final findings on their validity. [2018] iehc 766 court, chancery the has proposed granting an pre
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Courts Service · 2018-12-21 · courts
high court declares two land transfers to debtor’s wife void the found were made with intent hinder aib’s recovery of a judgment debt. hearing proceeded in second defendant’s absence, and judgment’s final page does not include any further orders. [2018] iehc 767 declared voluntary from martin burke
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Courts Service · 2018-12-21 · courts
high court refers contractor’s payment dispute with education board to arbitration the held that a over an alleged agreed final account arose under construction contract. it did not decide whether contractor was owed claimed balance. [2018] iehc 770 has referred kildare and wicklow training arbitrat
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Courts Service · 2018-12-21 · courts
high court refuses challenge to naturalisation refusal the rejected miguel nsungani’s request quash minister’s of his citizenship application, finding no basis for relief sought. [2018] iehc 758 has refused all sought by nsungani in a minister justice and equality’s application. judgment dated 21 de
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Courts Service · 2018-12-21 · courts
high court dismisses foster mother’s adoption-related judicial review over delay the refused an extension of time and declined to make declarations about child’s placement, saying those could risk undermining a placement all parties supported. [2018] iehc 762 dismissed challenge concerning transfer
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Courts Service · 2018-12-20 · courts
high court orders construction management plan for dublin 2 hotel site the found that demolition and archaeological works began before required planning conditions were met, making development unauthorised. it ordered wave point limited to file a by 31 january 2019 made no costs order. [2018] iehc 7
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Courts Service · 2018-12-20 · courts
court of appeal dismisses gerard manning’s against murder conviction the rejected challenges to knife evidence, late disclosure dna findings and admission first interview, concluding that his trial was fair safe. has dismissed for martin purcell, finding satisfactory in a judgment delivered on 20 de
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Courts Service · 2018-12-20 · courts
high court grants aib summary judgment against two defendants over €190,600 loan the rejected defendants’ proposed defences concerning an alleged forged signature, consideration and consumer credit protections, ordered for bank in amount claimed. [2018] iehc 744 granted allied irish banks plc patric
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Courts Service · 2018-12-20 · courts
high court awards €57,500 for injuries from 2012 ballinteer crash the found collision caused soft tissue and sacroiliac injuries, but not a later disc prolapse. it ruled out earnings losses left special damages to be revised before overall award is finalised. [2018] iehc 746 awarded attracta lennox
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Courts Service · 2018-12-20 · courts
court of appeal increases sentence for false imprisonment two boys to four years the replaced a two-year term with years’ imprisonment, suspending final subject supervision and conditions. increased michael cummins’s after finding that did not reflect seriousness an incident involving boys, aged 13
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Courts Service · 2018-12-20 · courts
high court upholds piab objection in depuy hip implant case the followed an earlier ruling and found against plaintiff on preliminary objection, holding that authorisation was required before this type of action started. [2018] iehc 790 has ruled for international limited a to personal injuries brou
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Courts Service · 2018-12-20 · courts
high court restrains receiver pending challenge to €3.48m demand an interlocutory injunction prevents a from taking possession of tipperary farmland while the landowner’s and appointment proceeds. [2018] iehc 774 granted restraining declan taite entering agricultural land in county tipperary, exerci
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Courts Service · 2018-12-20 · courts
high court refuses bergins’ request for mortgage documents from permanent tsb the said requested categories were not shown to be relevant issues pleaded in couple’s claim over losing access a tracker rate. [2018] iehc 750 has refused elaine and stephen bergin’s application discovery of their arising
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Courts Service · 2018-12-20 · courts
court of appeal dismisses graham mcevoy’s against murder conviction the ruled that evidence explaining phrase “got a stripe” was admissible and did not make trial unfair. 17 2018 has dismissed his for murdering paul curran, ruling concerned from witness identified as c.r., who told central criminal
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Courts Service · 2018-12-20 · courts
high court refuses challenge to three costs certificates the rejected a judicial review application alleging bias and procedural unfairness in taxation of costs. it also refused damages other relief. [2018] iehc 764 has challenging issued by taxing master, finding that applicant had not established
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Courts Service · 2018-12-20 · courts
supreme court upholds €16,818.75 award over gap in employer insolvency law the dismissed state’s appeal, holding that eu required a route for employee claims where business had closed but lacked assets formal winding up. has upheld damages to magdalena glegola after finding irish failed provide proc
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Courts Service · 2018-12-20 · courts
supreme court would dismiss wansboro appeal over revocation of suspended sentences in a split decision, justice finlay geoghegan concluded the appellant could not rely on later constitutional ruling to challenge his pending sentence appeal. judgment records that decide separate against severity. eri
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Courts Service · 2018-12-20 · courts
supreme court allows appeal over reactivation of suspended sentence the majority agreed could proceed on a jurisdictional challenge to under provision previously declared invalid. judgment does not itself state resulting order in detail. allowed eric wansboro’s concerning section 99(10) criminal jus
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Courts Service · 2018-12-20 · courts
supreme court refuses interim bid to move ward of from cork nursing home the rejected an application stay earlier ruling or release a.c. her son while appeal is pending, finding that balance justice favoured keeping care arrangements in place. [2018] iesc 126 (s:ap:ie:2018:000126) ireland has refuse
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Courts Service · 2018-12-20 · courts
high court refuses bid to force independent valuation of company shares the rejected a motion in an ongoing oppression case, ruling it lacked jurisdiction order proposed process at this stage. [2018] iehc 751 has refused by john harrington require expert value his brother flor harrington’s kush seaf
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Courts Service · 2018-12-20 · courts
high court orders surrender to poland over 1997 assault conviction the rejected objections surrender, including arguments about delay, family life and warrant’s description of offence. [2018] iehc 768 has ordered a man under european arrest warrant so he can serve two-year prison sentence imposed fo
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Courts Service · 2018-12-20 · courts
supreme court allows appeal over revocation of suspended sentences the found circuit lacked jurisdiction to revoke through a procedure later declared unconstitutional. it left open whether issue could be returned under separate statutory provision. has allowed eric wansboro’s against sentences, find
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Courts Service · 2018-12-19 · courts
court of appeal upholds dismissal repeat claims against bank ireland the found that in martin small’s 2014 proceedings substantially repeated matters raised, or could have been an earlier action. it dismissed his appeal, while preserving a limited route to pursue issues separate summary proceedings.
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Courts Service · 2018-12-19 · courts
borrowers allowed to contest promontoria claim on limitation grounds the high court gave three defendants leave defend a €9.68 million only whether it was statute barred, leaving that issue for further hearing. [2018] iehc 773 court, commercial has debt one only: (arrow) limited’s action brought out
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Courts Service · 2018-12-19 · courts
court of appeal dismisses two challenges to revenue tax enforcement the upheld high court’s refusal halt matters or grant interim injunctions over attachments, finding applications did not meet required legal and evidential thresholds. [2018] ieca 403 has dismissed appeals by john hanrahan against r
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Courts Service · 2018-12-19 · courts
court of appeal dismisses challenge to refusal legal aid for access-order prosecution the held that a under section 5 was criminal and separate from family proceedings, found no breach constitutional or convention rights. it also agreed case moot. [2018] ieca 397 has dismissed an by anonymised appli
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Courts Service · 2018-12-19 · courts
high court adjourns french return case over children’s abuse allegations the found france was boys’ habitual residence and that allegations, taken at their height, could amount to grave risk. it made no order this stage, directing authorities be given materials. [2018] iehc 795 has adjourned a fathe
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Courts Service · 2018-12-19 · courts
court of appeal dismisses martin small’s over bank debt judgment the upheld summary on two loan balances, while a separate €400,000 dispute remains for plenary hearing. [2018] ieca 395 has dismissed against governor and company ireland balances. it held that difference between facility letters did n
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Courts Service · 2018-12-19 · courts
appeal court revives limited claims against solicitor over 2007 partnership loans the of rejected grounds used to strike out proceedings, but barred about events before august and all allegations collusion or conspiracy. [2018] ieca 394 has allowed martin small’s only a extent, permitting him pursue
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Courts Service · 2018-12-19 · courts
high court orders disclosure of bankruptcy examination transcript in walford dispute the rejected privilege claims over a statutory interview and three emails, while allowing limited redactions to 2011 legal letter. [2018] iehc 745 court, commercial has ordered an concerning property, finding that l
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Courts Service · 2018-12-19 · courts
high court dismisses 14 challenges to reasons given for deportation orders the held that notifications and related decisions gave adequate under statutory scheme, discharged any stays on deportation. [2018] iehc 784 dismissed judicial review applications challenging made international protection act
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Courts Service · 2018-12-19 · courts
high court awards €80,550 for permanent facial scarring after dublin crash the awarded lorna bentley €75,000 pain and suffering added €5,550 in agreed special damages finding her scars would be permanent. [2018] iehc 735 a 2016 road traffic accident which car was struck from behind on drumcondra roa
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Courts Service · 2018-12-18 · courts
court of appeal finds drug-importation sentence unduly lenient the allowed director public prosecutions’ sentence-review application, finding that nearly wholly suspended five-year term lacked exceptional circumstances. it said would consider a replacement later. has found imposed on vidas petrauska
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Courts Service · 2018-12-18 · courts
high court rules un climate rights statement inadmissible in national mitigation plan case the excluded a by special rapporteur david r. boyd from evidence, concluding that it expressed legal opinions without establishing expertise required for admission under irish law. [2018] iehc 740 has ruled is
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Courts Service · 2018-12-18 · courts
high court dismisses challenge to deportation order by man who planned marry in ireland the said applicant could his canadian partner elsewhere, but had no right remain for that purpose. it also found he not raised family-rights arguments with minister before decision. [2018] iehc 781 dismissed a ju
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Courts Service · 2018-12-18 · courts
high court rules bank could appoint receiver without demand under march 2008 mortgage in a special case about the diep le shaker restaurant mortgage, held that repayment default made security immediately enforceable. it answered first two questions yes; remaining were not determined as necessary iss
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Courts Service · 2018-12-18 · courts
high court dismisses challenge to deportation proposal for child born in ireland the held that child’s application under section 4 of immigration act 2004 was misconceived and her representations should be considered through 3 process. [2018] iehc 780 has dismissed a judicial review brought by paren
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Courts Service · 2018-12-18 · courts
high court keeps injunction blocking sale of leitrim home in place the found a serious issue to be tried over whether 2003 mortgage could secure later company debt, and said balance convenience favoured preserving property. [2018] iehc 748 continued an interlocutory preventing marketing or patrick f
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Courts Service · 2018-12-18 · courts
high court dismisses leave to appeal bid in nigerian protection case the said proposed social-group argument had not been put appeals tribunal and could be raised for first time judicial review or on appeal. [2018] iehc 753 has dismissed an application after previously refusing quash adverse decisio
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Courts Service · 2018-12-18 · courts
high court refuses preliminary trials in greenclean liquidation dispute the declined requests by two respondents to decide limitation and related issues before a plenary trial, ordered proceedings continue towards trial 2019. [2018] iehc 733 has refused applications stephen griffin david ronan for o
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Courts Service · 2018-12-18 · courts
high court awards €1,000 per month to portuguese workers over compound conditions the assessed damages in linked employment cases, but left final judgment amount be calculated after a tax deduction and addition of interest. [2018] iehc 732 court, chancery has awarded for each they lived accommodatio
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Courts Service · 2018-12-18 · courts
eircom liable after dublin footpath defect injured french polisher the high court found responsible for a broken concrete surround around chamber cover on lower baggot street. it awarded €51,936.02, including general damages and agreed lost earnings, dismissed claim against city council. [2018] iehc
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Courts Service · 2018-12-18 · courts
high court dismisses challenge to refusal of subsidiary protection the extended time for judicial review application but found no legal error in tribunal’s decision refuse appeal. [2018] iehc 769 has dismissed a by pakistani applicant his appeal, while extending proceedings be brought. judgment deli
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Courts Service · 2018-12-18 · courts
high court orders €108,423.77 in tax penalties against kevin o’brien the found deliberate failures to file vat and income returns, rejected claimed grounds for reducing left any further a later hearing. [2018] iehc 749 has determined that is liable after finding, on balance of probabilities, he deli
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Courts Service · 2018-12-17 · courts
high court refuses judicial review leave and injunction in deportation case the found applicant had not shown substantial grounds to challenge order, refused an restraining deportation. [2018] iehc 742 has seek of a order deportation, finding that he for proceed. judgment delivered on 17 december 20
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Courts Service · 2018-12-17 · courts
high court allows amendment to insolvency application against creditor’s objection the ruled that notice of motion could be amended identify personal practitioner as applicant. it did not decide whether proposed arrangement should take effect. [2018] iehc 730 allowed a amend seeking approval arrange
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Courts Service · 2018-12-17 · courts
high court orders seizure of ether linked to drug proceeds the granted criminal assets bureau’s application over 2,013.96 ether, finding that respondent had not rebutted case it was connected crime. [2018] iehc 729 ireland has for an order found in neil mannion’s cryptocurrency wallet, concluding li
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Courts Service · 2018-12-14 · courts
high court refuses to renew medical negligence summons after unexplained delay the dismissed plaintiff’s application an expired personal injuries summons, finding no good reason for in service or waiting apply renewal. [2018] iehc 736 has refused by lisa lawless against beacon hospital, hospital san
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Courts Service · 2018-12-14 · courts
high court orders case stated on esb compensation offers and arbitration costs the quashed one arbitrator’s refusal to refer a legal question directed another state after an accepted offer. it did not decide whether were valid or settle dispute. [2018] iehc 718 has ordered property arbitrators quest
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Courts Service · 2018-12-14 · courts
high court grants judicial separation and orders property maintenance for applicant children the awarded sole custody of two children, continued €6,000 monthly ordered transfers specified assets. respondent did not engage in proceedings. [2018] iehc 805 granted a decree to a. o’m. under section 2(1)
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Courts Service · 2018-12-14 · courts
high court grants aib summary judgment for €1.02m against james kelly the rejected three proposed defences to bank’s claim on two loans and awarded amount sought. records entitlement but does not specify form of final order. [2018] iehc 809 has found allied irish banks plc entitled €1,023,501.86 ove
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Courts Service · 2018-12-14 · courts
high court dismisses nursing home owners’ challenge to fire safety information requests the held that chief inspector could seek under section 65 while considering a registration renewal and whether district order. it left challenges summonses for court. [2018] iehc 716 has dismissed judicial review
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Courts Service · 2018-12-14 · courts
court of appeal dismisses challenge to seven-year sentence for cork house arson the found no error in principle sentence, which included two years suspended on conditions. it said five custody was minimum available circumstances. has dismissed a man’s against severity setting fires his family home w
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Courts Service · 2018-12-14 · courts
glaxo awarded limited costs after vaccine tender challenge the high court ordered sanofi to pay glaxo’s for joining case, filing evidence, addressing confidentiality and reviewing hearing transcript, but rejected its claim full costs. [2018] iehc 719 court, commercial has aventis ireland ltd glaxosm
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Courts Service · 2018-12-14 · courts
high court orders daniel mullan committed pending extradition to the us rejected his objections surrender over four alleged offences and ordered committal prison await minister’s order. it did not decide charges. [2018] iehc 721 has while he awaits order on united states, where is wanted for trial i
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Courts Service · 2018-12-14 · courts
high court dismisses challenge to refusal of subsidiary protection the rejected six grounds challenging tribunal’s decision, including arguments about death certificates, credibility and applicant’s earlier status as an unaccompanied minor. [2018] iehc 752 has dismissed a judicial review by anonymis
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Courts Service · 2018-12-14 · courts
high court dismisses challenge to refusal of protection for indian applicant the held that tribunal lawfully found could reasonably relocate within india. it dismissed his judicial review application. [2018] iehc 741 has a application challenging international and subsidiary an from kashmir. mr just
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Courts Service · 2018-12-13 · courts
high court dismisses challenge to animal-welfare convictions as out of time the also rejected arguments that district should not have tried case in applicant’s absence or judge was objectively biased. [2018] iehc 737 dismissed dona sfar’s application for judicial review her 2016 convictions, finding
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Courts Service · 2018-12-13 · courts
high court rules tusla must consider care proceedings for three children the found a basis to seek order after years without case review, but left form of its be determined hearing parties. [2018] iehc 812 {'name': 'the court', 'jurisdiction': 'ireland'} has ruled that child and family agency (tusla
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Courts Service · 2018-12-13 · courts
high court refuses mibi bid to dismiss road crash claim the held that could be sole defendant by time its involvement was considered, after claims against two other defendants were discontinued. [2018] iehc 811 has refused an application motor insurers bureau of ireland (mibi) a personal injuries ar
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Courts Service · 2018-12-13 · courts
high court quashes refusals of refugee’s family-reunification applications for two children the found legal errors in minister’s decisions, including assessment one child’s best interests and reliance on dna results other case. [2018] iehc 716 has quashed minister justice equality’s to allow enter r
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Courts Service · 2018-12-13 · courts
court of appeal increases sentences for garage and home burglaries the quashed imposed in circuit after finding overall sentence unduly lenient, then resentenced luke foran to five years with final year suspended. increased on a series offences, including burglary damage fairview, dublin, later an e
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Courts Service · 2018-12-13 · courts
high court permits attachment order over continued breach of kildare land-possession the found beyond reasonable doubt that tom morrin remained in occupation lands despite an requiring vacant possession. it refused his cross-motion. [2018] iehc 720 has permitted kavanagh to issue against after findi
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Courts Service · 2018-12-12 · courts
high court awards aib €229,846.19 judgment against james o’brien the rejected borrower’s limitation, acceleration and missing-terms defences found no reason to send claim a plenary hearing. [2018] iehc 776 has given allied irish banks plc for over two loan facilities, ruling that he had not establis
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Courts Service · 2018-12-12 · courts
aib wins €80,220.15 summary judgment against marina company and guarantors the high court rejected a claimed agreement to repay €1,000 month, finding defendants had not established defence requiring plenary hearing. [2018] iehc 777 granted allied irish banks plc for monkstown bay ltd its two named a
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Courts Service · 2018-12-12 · courts
high court dismisses challenge to refusal of residence card the said applicants had not responded minister’s concerns during review process and rejected their remaining grounds for judicial review. [2018] iehc 785 has dismissed a by a.r. (pakistan) m.k. permitted family member union citizen. mr just
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Courts Service · 2018-12-11 · courts
high court refuses receiver’s bid for interim possession of killarney holiday home the judge said receiver had not sufficiently proved his entitlement to muckross property or that damages would be inadequate. ruling did decide whether appointment was valid. [2018] iehc 709 has refused a application
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Courts Service · 2018-12-11 · courts
high court refuses bank’s delayed bid to enforce solicitor’s undertaking the found a breach but declined summary relief, citing lengthy unexplained delay and incomplete evidence about loss security. [2018] iehc 708 has refused danske bank a/s’s application over land in county kerry, finding that mad
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Courts Service · 2018-12-11 · courts
court of appeal dismisses challenge over incorrect disqualification warning the held that a garda’s mistaken statement about length driving did not invalidate sample requirement or justify dismissing charge. [2018] ieca 390 has dismissed an by andrew mctigue could follow failure to provide blood uri
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Courts Service · 2018-12-11 · courts
high court finds butlers agreed to settlement containing default clause a retrial ordered by the supreme was confined whether 2008 with crohan o’shea included and were liable under it. found that it did they remained for €653,832. [2018] iehc 702 has michael butler william entered into in february c
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Courts Service · 2018-12-11 · courts
court of appeal dismisses challenge to renewed surrender date for michal bartold the upheld high court’s finding that failed transfer poland was beyond state’s control and dismissed bartold’s appeal. [2018] ieca 406 appeal; underlying decision by (donnelly j.) against a setting new his under europea
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Courts Service · 2018-12-10 · courts
high court awards €60,350 after takeaway worker slipped on wet cold-room floor the found premises’ two defendants jointly and severally liable for a worker’s 2014 fall, awarding €60,000 in general damages €350 special damages. [2018] iehc 789 has awarded to who injured her back fall floor, finding o
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Courts Service · 2018-12-10 · courts
court of appeal dismisses challenge to eight-year sentence in heroin case the said a signed early guilty plea justified substantial reduction from an appropriate 12-year headline sentence, and that term was within sentencing judge’s discretion. has dismissed against severity prison imposed on brian
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Courts Service · 2018-12-10 · courts
high court allows ryanair to bring third-party claim over alleged flight assault the granted airline liberty issue a notice, leaving underlying injury and issues between parties for trial. [2018] iehc 711 has allowed dac notice in personal injuries case brought by kevin o’regan an on from bari dubli
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Courts Service · 2018-12-10 · courts
high court awards €158,864 to sligo worker injured in courtyard fall the found state defendants liable after accepting that uneven, moving paving caused plaintiff trip. it awarded damages for her injuries and financial losses. [2018] iehc 754 has a retired public servant who suffered fractured thumb
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Courts Service · 2018-12-10 · courts
high court finds material non-disclosure in income protection claim dispute the found for friends first on liability after ruling that matthew kirby had not disclosed recent symptoms, medical consultations and investigations when applying cover. separate question of compensation was postponed. [2018
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Courts Service · 2018-12-10 · courts
airline gets leave to bring alleged assailant into passenger’s case the high court allowed ryanair dac issue a third-party notice, with be heard as trial judge directs when claim comes trial. [2018] iehc 852 has given permission notice against person have assaulted passenger on flight from bari dubl
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Courts Service · 2018-12-10 · courts
supreme court dismisses both appeals over costs in garda equal pay case the upheld a high order awarding 14 claimants two-thirds of their after appeal succeeded on point law. underlying claims remain for rehearing. has dismissed by sides female clerical officers an involving síochána. have not been
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Courts Service · 2018-12-10 · courts
high court quashes protection appeal decision over reasoning on relatives of people with albinism the found tribunal’s stated conclusion about country information was difficult to reconcile material before it and sent appeals for a fresh hearing. [2018] iehc 705 has quashed an international tribunal
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Courts Service · 2018-12-07 · courts
high court refuses challenges to laois wind farm planning direction pinewood ltd and element power failed establish grounds quash a ministerial changing parts of county development plan 2017–2023. [2018] iehc 697 the has refused judicial review by that changed energy provisions in judgment delivered
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Courts Service · 2018-12-07 · courts
high court dismisses challenge to hse refusal of pharmacy agreement the held that could consider unresolved inquiries into two related pharmacies when refusing darastream ltd’s application, while leaving open possibility a future application. [2018] iehc 691 has dismissed hse’s enter community contr
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Courts Service · 2018-12-07 · courts
high court dismisses two challenges to asylum appeal decisions the applicants argued that international protection appeals tribunal used wrong standard of proof. rejected both judicial review applications and dismissed their other grounds. [2018] iehc 782 has challenging (ipat), including claims it
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Courts Service · 2018-12-07 · courts
high court refuses prisoner's discovery application in judicial review the rejected requests for prison records about menus and cell occupancy, finding material unnecessary a fair disposal of case some irrelevant. [2018] iehc 713 has refused peter barry’s proceedings against governor midlands irish
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Courts Service · 2018-12-07 · courts
high court refuses judicial review over residence card refusal the rejected a pakistani national’s challenge to minister’s decision, finding that he had not provided cogent evidence was dependent on his british cousin or part of household in uk. [2018] iehc 698 has refused adnan safdar’s application
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Courts Service · 2018-12-07 · courts
high court refuses appeal certificates in peat extraction cases the accepted that its earlier ruling raised a point of exceptional public importance, but found insufficient legal uncertainty to certify an appeal. [2018] iehc 808 has refused bulrush horticulture ltd and westland others dismissal thei
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Courts Service · 2018-12-07 · courts
high court refuses appeal certificate in peat extraction planning case the said three proposed questions did not arise from its earlier judicial review decision or meet legal test for certification. [2018] iehc 807 has refused to certify points of law a concerning works parts county westmeath. mr ju
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Courts Service · 2018-12-07 · courts
high court refuses interim bid to change fishing crew work-permission scheme the declined remove an employment condition from atypical working while a union federation’s challenge proceeds plenary hearing. [2018] iehc 695 has refused international transport workers’ request for order changing non-ee
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Courts Service · 2018-12-07 · courts
court of appeal orders retrial after overturning acquittal in taxi robbery case the said a jury could reasonably have found accused guilty beyond reasonable doubt and ruled that trial judge directed an too early. has allowed director public prosecutions’ against retrial. was wrong to direct before h
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Courts Service · 2018-12-07 · courts
high court refuses bid to lift arrest of yacht moored in dún laoghaire the rejected vessel owner’s challenges irish jurisdiction and its request move loan dispute england, leaving under pending case. [2018] iehc 699 court, admiralty has refused an application by owner motor *connoisseur* set aside p
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Courts Service · 2018-12-07 · courts
high court refuses bid to set aside €1.37m default judgment mr justice allen found the was regularly obtained and that later loan repayment arrangements did not provide a defence as of date it entered. [2018] iehc 703 has refused patrick o’brien’s application €1.37 million by ics building society in
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Courts Service · 2018-12-07 · courts
high court dismisses ennis borrower’s €1.25m claim against ulster bank the ruled over two earlier possession cases was frivolous and vexatious bound to fail, citing pleaded causes of action affidavit evidence. [2018] iehc 712 has dismissed anne mcguire’s €1.25 million ireland limited, finding it fai
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Courts Service · 2018-12-06 · courts
supreme court extends time for challenge to redress board decision the allowed m. o’s.’s appeal, quashed board’s 2012 refusal and sent his late application back reconsideration. it did not decide whether he qualified an award. has appeal against of judicial review a residential institutions decision
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Courts Service · 2018-12-06 · courts
high court refuses aib bid to change certificate rejecting its claim sale proceeds the found no special circumstances vary examiner’s 2018 certificate, which recorded that bank’s had not been admitted after it failed provide further proofs. [2018] iehc 690 has dismissed allied irish banks plc’s appl
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Courts Service · 2018-12-06 · courts
high court allows part of delayed home-building negligence claim to proceed the refused dismiss entire action, but struck out claims based on alleged assurances and recommendation builder. [2018] iehc 688 has allowed a couple’s professional action against chartered engineer proceed, while striking c
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Courts Service · 2018-12-06 · courts
high court refuses immediate access to thalidomide claimant’s expert reports the said defendants had not shown that inspection was needed for fair disposal of case, where been cited on date knowledge. [2018] iehc 798 has refused an application by in a injury claim inspect two medical before usual ex
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Courts Service · 2018-12-06 · courts
high court sets aside renewal of former prisoner’s summons in ‘slopping out’ case the ruled that reasons offered for delay were contradictory and did not amount to good reason renew summons. [2018] iehc 700 has set a “slopping out” case, finding explanations under rules. defendants, including govern
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Courts Service · 2018-12-06 · courts
high court refuses challenge to planning approvals for pig houses in laois the rejected a judicial review an bord pleanála’s decisions, finding applicant had not established grounds quash either approval. [2018] iehc 701 has refused michael hoey’s application pleanála decisions approving at two site
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Courts Service · 2018-12-06 · courts
high court rules irish phone-data retention and access provisions breached eu law the found that mandatory two-year of telephony data was general indiscriminate, lacked required independent prior review. it did not rule on constitutionality or admissibility evidence at plaintiff’s murder trial. [201
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Courts Service · 2018-12-06 · courts
supreme court majority allows late judicial review in redress scheme case the appeal concerned whether a change legal interpretation could justify extending time to challenge refusal linked residential institutions board claim. justice o’donnell dissented from majority’s decision. allowed an by anon
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Courts Service · 2018-12-06 · courts
high court refuses to halt trial over unavailable pub cctv the allowed two amendments a judicial review case but ruled that missing footage did not justify prohibiting five district charges. [2018] iehc 696 has refused john cullen’s application prohibit his on summary charges, finding from public ho
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Courts Service · 2018-12-05 · courts
supreme court sets limits for appeal over apple data centre planning permission the allowed applicants to argue that environmental assessment should have considered wider site plan, but declined refer eu law questions cjeu at this preliminary stage. fitzpatrick & anor. v. an bord pleanála ors. [2018
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Courts Service · 2018-12-05 · courts
supreme court dismisses appeal over failed poland surrender attempt the held that a requested man’s refusal to board flight was not reasonably foreseeable on information given authorities, so new date could be fixed. has dismissed an by piotr pawel skiba order setting for his poland, where he serve
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Courts Service · 2018-12-05 · courts
court of appeal dismisses challenge to interim care order for infant the rejected an article 40 application over child’s continued custody by child and family agency, while criticising practical difficulties that disrupted district hearings. [2018] ieca 385 has dismissed infant, suing through her mo
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Courts Service · 2018-12-05 · courts
court of appeal reduces sentence for rape and aggravated sexual assault to 12½ years the allowed an against sentence, finding that particular weight should have been given appellant’s unusually early signed guilty pleas. it quashed central criminal substituted one years, with final 12 months suspend
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Courts Service · 2018-12-05 · courts
court of appeal dismisses challenge to bank ireland merger john kelly argued that the could put a damages claim at risk and he needed more time oppose it. upheld high court’s confirmation merger. [2018] ieca 383 appeal; from (commercial court) has dismissed kelly’s between private banking limited go
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Courts Service · 2018-12-05 · courts
court of appeal allows appeals over student migrants’ deportation reviews the said permission does not automatically make a person settled migrant, but exceptional circumstances could require an article 8 proportionality assessment. it allowed minister’s in one case and applicants’ two others, while
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Courts Service · 2018-12-05 · courts
court of appeal allows debtor’s over eligibility for insolvency arrangement review the ruled that a late application could not revive an expired protective certificate, and sent back to high determination. [2018] ieca 397 has allowed by michael hickey his seek confirmation proposed personal (pia), d
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Courts Service · 2018-12-05 · courts
court of appeal refuses discovery in employee insolvency damages case the held that requested documents were not necessary to resolve legal issues or support claim on evidence presented. [2018] ieca 386 has dismissed an by two employees seeking four categories state proceedings over alleged losses f
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Courts Service · 2018-12-05 · courts
supreme court rules only one new surrender date could be set in vilkas case the allowed tomas vilkas’s appeal, finding irish law did not permit a second extension of timetable, despite eu rule allowing multiple dates. has appeal over attempted him to lithuania, ruling that permitted after failed tra
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Courts Service · 2018-12-05 · courts
court of appeal rejects challenge to taxation former wife’s legal costs the dismissed an over assessment fees in judicial separation proceedings, leaving place orders for contributions and expense process. [2018] ieca 396 has a man’s against high decision upholding his proceedings. ruling, delivered
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Courts Service · 2018-12-05 · courts
court of appeal restores warrant after finding it gave effect to circuit sentence the allowed director public prosecutions’ appeal, setting aside a high order that had quashed committal for non-payment fine. did not decide what procedure should apply where default is disputed or unforeseen hardship
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Courts Service · 2018-12-04 · courts
high court rules madoff settlement wipes out defender’s €141? million claim against hsbc the decided a preliminary legal issue under civil liability act before substantive negligence and contract claims were heard. it ordered trial to stop, subject possibility of an appeal or constitutional challeng
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Courts Service · 2018-12-04 · courts
court of appeal upholds seven-year sentences for loaded shotgun possession the dismissed conor hughes and darren fox’s appeals against severity their sentences, finding terms proportionate to a particularly serious firearms offence. appeal; imposed by special criminal has fox prison possessing firea
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Courts Service · 2018-12-04 · courts
court of appeal dismisses higgins sentence over cannabis conspiracy the found no error in seven-year sentence, with final three years suspended, and said was within appropriate range. has dismissed daniel higgins’s against a for conspiring to possess sale or supply. principle its available pleaded g
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Courts Service · 2018-12-04 · courts
court of appeal overturns dismissals in york road traffic obstruction case the ruled that evidence about a 2015 protest could support prosecution’s truck was deliberately blocked without lawful authority or reasonable excuse. it answered stated questions but did not decide remaining charges. [2018]
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Courts Service · 2018-12-04 · courts
court of appeal dismisses challenge to five-year suspended sentence period the held that law sets no maximum suspension and upheld high court’s refusal quash sentence. [2018] ieca 381 has dismissed michael collins’s against a its final four months for five years. in judgment delivered on 4 december
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Courts Service · 2018-12-04 · courts
court of appeal upholds detention after rejecting residence-card the held that an adult claiming dependency had to provide enough evidence establish prima facie family-member status before gaining a right remain while application was pending. [2018] ieca 384 dismissed by s.s. (pakistan), holding his
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Courts Service · 2018-12-04 · courts
high court dismisses challenge to rejection of international protection appeals the found that tribunal had considered applicant’s medical evidence alongside other credibility issues and given reasons for its conclusions. [2018] iehc 710 has dismissed a judicial review by an anonymised applicant her
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Courts Service · 2018-12-03 · courts
high court refuses to confirm tinklers’ proposed insolvency arrangements the upheld secured creditor cheldon’s objections, finding proposals unfair it compared with start mortgages and unfairly prejudicial when measured against a receivership. [2018] iehc 682 has refused applications by noel britt t
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Courts Service · 2018-12-03 · courts
high court overturns refusal of builder’s personal insolvency arrangement the confirmed proposed after weighing debtor’s poorly explained payment history against its expected return for creditors and other circumstances. [2018] iehc 683 has overturned a circuit self-employed builder, despite finding
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Courts Service · 2018-12-03 · courts
court of appeal refuses against six-year aggravated burglary sentence the said was lenient but declined to increase it because €6,000 compensation had been paid victim. has refused alan doyle’s a for burglary, finding no basis treat as excessively severe. lenient, did not doyle pleaded guilty at por
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Courts Service · 2018-12-03 · courts
high court dismisses challenge to algerian protection appeal decision the found tribunal’s assessment of risk on return and its treatment an earlier did not justify quashing refusal subsidiary protection. [2018] iehc 694 has dismissed r.c. (algeria)’s judicial review international appeals tribunal r
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Courts Service · 2018-12-03 · courts
court of appeal suspends final year carlow drug sentence the replaced darren coakley’s with two years’ imprisonment, suspending 12 months subject to a €100 bond and supervision conditions. has quashed for unlawful possession controlled drugs sale or supply imposed delivered its judgment on 3 decembe
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Courts Service · 2018-12-03 · courts
high court dismisses appeal-leave applications in ukrainian protection cases the refused applicants permission to appeal its earlier refusal quash decisions denying them subsidiary protection, finding their proposed grounds did not raise questions of exceptional public importance. [2018] iehc 743 ha
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Courts Service · 2018-12-03 · courts
court of appeal dismisses against six-year aggravated burglary sentence the found no sentencing error, citing burglary’s planning, property stolen and its impact on two occupants. [219/17] appeal; judgment refers to circuit criminal in galway has dismissed an severity a prison imposed for burglary,
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Courts Service · 2018-12-03 · courts
court of appeal dismisses against eight-year false imprisonment sentence the found no sentencing error in a case involving hammer assault, handgun and threats an 18-year-old victim. has dismissed michael kirby’s prison for imprisonment, finding fell within range available to trial judge that princip
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Courts Service · 2018-12-03 · courts
court of appeal dismisses against sexual assault sentence the ruled that a seven-year sentence, with final two years suspended, was within available range and disclosed no error principle. 156/17 has dismissed sean garvey’s severity prison for assault. it said to sentencing judge identified imposed
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