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Courts Service · 2019-01-31 · courts

High Court refuses ICCL bid for directions on client asset claims

high court refuses iccl bid for directions on client asset claims the said any dispute over subrogation must concern identified compensated clients and specific assets. it did not decide whether has rights assets or how future disputes should be brought. [2019] iehc 43 refused two applications by in

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Courts Service · 2019-01-31 · courts

High Court orders further discovery in dispute over insulation panels

high court orders further discovery in dispute over insulation panels the directed covestro to provide additional and explanations, while allowing some requests refusing others. [2019] iehc 46 has ordered b.v. proceedings alleged defects floor used at elder heath housing development tallaght. ruling

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Courts Service · 2019-01-31 · courts

Court of Appeal says DPP cannot appeal District Court unfitness finding

court of appeal says dpp cannot district unfitness finding the answered “no” to a consultative case stated asking whether could that an accused person was unfit be tried. [2019] ieca 23 has ruled director public prosecutions is tried under section 7 criminal law (insanity) act 2006. ruling came in f

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Courts Service · 2019-01-31 · courts

High Court rejects appeal over Dublin home possession order

high court rejects appeal over dublin home possession order the found no established agreement to settle two loan liabilities for €18,604 and declined interfere with circuit order. [2019] iehc 45 has overturn a concerning james walsh’s in county dublin, rejecting his argument that 2012 permanent tsb

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Courts Service · 2019-01-31 · courts

Court of Appeal dismisses challenge to three-and-a-half-year sentence for dangerous driving

court of appeal dismisses challenge to three-and-a-half-year sentence for dangerous driving the said 21 offences was within circuit judge’s discretion, while observing that a higher might have been appropriate. appeal; dublin criminal (sentencing court) has dismissed an against severity prison impos

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Courts Service · 2019-01-30 · courts

High Court refuses Mayo County Council bid to dismiss abuse claim before trial

high court refuses mayo county council bid to dismiss abuse claim before trial the said disputed evidence about a courthouse caretaker’s access and duties could not be resolved at this stage. it made no findings on allegations or council’s liability. [2019] iehc 101 has refused application woman’s t

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Courts Service · 2019-01-30 · courts

Court of Appeal refuses DPP challenge to fully suspended sentences

court of appeal refuses dpp challenge to fully suspended sentences the said circuit court’s decision was at outer limit its discretion but did not fall outside permissible range. has refused a director public prosecutions application review as unduly lenient two imposed on steven mcginty for possess

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Courts Service · 2019-01-30 · courts

Court of Appeal dismisses challenge to refusal of abuse investigation records

court of appeal dismisses challenge to refusal abuse investigation records the found no error law in information commissioner’s decision withhold containing a child’s and her mother’s personal information. [2019] ieca 19 has dismissed an by f.p. against release relating sexual allegations made him 1

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Courts Service · 2019-01-29 · courts

Court of Appeal dismisses Dunnes Stores discovery appeal as moot

court of appeal dismisses dunnes stores discovery as moot the found no real benefit retailer could gain from after underlying commercial action had concluded. [2019] ieca 16 dismissed stores’ over in a dispute with camiveo limited, ruling that was judgment delivered by mr justice michael peart on 29

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Courts Service · 2019-01-29 · courts

High Court awards Profi Welders relief on unpaid personnel-supply claim

high court awards profi welders relief on unpaid personnel-supply claim the found r&r mechanical liable for sums claimed under parties’ arrangement and dismissed its counterclaim alleging incompetent staff. [2019] iehc 36 has granted sought by s.r.o. in against limited payments arising from personne

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Courts Service · 2019-01-29 · courts

High Court dismisses challenge to refusal to revoke deportation order

high court dismisses challenge to refusal revoke deportation order the rejected applicant’s grounds concerning mcmahon report, changed circumstances and non-refoulement, discharged temporary stay on deportation. [2019] iehc 57 dismissed a judicial review challenging minister for justice equality’s o

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Courts Service · 2019-01-29 · courts

High Court strikes out former Air Corps mechanic’s chemical exposure claim as time-barred

high court strikes out former air corps mechanic’s chemical exposure claim as time-barred the found that an expert report received in january 2009 gave plaintiff sufficient knowledge to start two-year limitation period. his proceedings were issued july 2013. [2019] iehc 118 struck a defence forces p

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Courts Service · 2019-01-29 · courts

High Court dismisses Wexford worker’s bullying claim after prolonged delay

high court dismisses wexford worker’s bullying claim after prolonged delay the found that plaintiff’s delays were inordinate and inexcusable balance of justice favoured dismissal, citing his failure to honour an undertaking prejudice relying on old witness memories. [2019] iehc 112 has dismissed a f

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Courts Service · 2019-01-29 · courts

High Court refuses challenge to refusal of domestic violence immigration permission

high court refuses challenge to refusal of domestic violence immigration permission the declined quash two decisions concerning an indian national’s application under victims guidelines. [2019] iehc 34 has refused remain in ireland grant relief he sought, including orders quashing original and a lat

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Courts Service · 2019-01-29 · courts

High Court dismisses family’s challenge to deportation orders

high court dismisses family’s challenge to deportation orders the found no basis quash orders, rejecting arguments about children’s interests and parents’ employment prospects. [2019] iehc 61 has dismissed a pakistani judicial review released state from an undertaking not enforce them. mr justice ri

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Courts Service · 2019-01-29 · courts

Supreme Court upholds wardship detention order for man at Central Mental Hospital

supreme court upholds wardship detention order for man at central mental hospital the dismissed an appeal against high court’s decision, finding necessary and appropriate in circumstances. it stressed that health act procedures remain separate requires safeguards review. has by am a making him ward

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Courts Service · 2019-01-29 · courts

High Court rejects challenge to review process in residence-card case

high court rejects challenge to review process in residence-card case the found that judicial could meet eu-law requirements for reviewing refusal, but left open whether applicant give oral evidence about an alleged factual error. [2019] iehc 37 rejected two legal challenges brought by muhammad nade

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Courts Service · 2019-01-29 · courts

High Court quashes deportation orders after finding gaps in Minister’s assessment

high court quashes deportation orders after finding gaps in minister’s assessment the found minister had not addressed a relevant discretion or state delay, and granted certiorari. it rejected several other challenges to assessment. [2019] iehc 35 has quashed concerning mother her minor son that for

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Courts Service · 2019-01-29 · courts

Court of Appeal dismisses appeal against convictions for sexual assaults

court of appeal dismisses against convictions for sexual assaults the rejected challenges to a joint trial, jury’s handling evidence, and trial judge’s rulings. sentence was outside scope this judgment. has dismissed s. o’c’s 15 counts indecent assault three assault, finding that satisfactory in all

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Courts Service · 2019-01-29 · courts

High Court certifies appeal question on searching phones of non-nationals

high court certifies appeal question on searching phones of non-nationals the granted a certificate whether immigration law allows officers to search phone non-national landing in or embarking from state. it declined certify separate about echr. [2019] iehc 33 certified point for section 7 act 2004

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Courts Service · 2019-01-29 · courts

High Court gives AIB two weeks to clarify 2013 loan offer in guarantee case

high court gives aib two weeks to clarify 2013 loan offer in guarantee case a judge deferred deciding whether defended debt claim should go full hearing and said the same unresolved issue also affected bank’s against an undefended guarantor. [2019] iehc 38 has given allied irish banks (aib) may sanc

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Courts Service · 2019-01-28 · courts

High Court finds bank’s possession application met mortgage demand requirements

high court finds bank’s possession application met mortgage demand requirements the concluded that a issued after written consent from co-lender satisfied statutory requirement. it granted requested orders and left any stay to be addressed separately. [2019] iehc 28 has ruled allied irish banks plc

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Courts Service · 2019-01-28 · courts

High Court reinstates possession case after Master exceeded jurisdiction

high court reinstates possession case after master exceeded jurisdiction the set aside master’s order striking out permanent tsb’s special summons, but did not decide whether bank is entitled to possession. [2019] iehc 14 has reinstated application for of lands and premises in nenagh, county tippera

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Courts Service · 2019-01-28 · courts

High Court rules on outstanding particulars in Belfry investment claims

high court rules on outstanding particulars in belfry investment claims the commercial directed further answers post-investment communications and discovery dates, while declining to order other before discovery. [2019] iehc 29 court, court’s has ruled remaining disputes over by investors property f

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Courts Service · 2019-01-28 · courts

High Court dismisses most grounds in challenge to deportation order refusal, leaves narrow amendment question open

high court dismisses most grounds in challenge to deportation order refusal, leaves narrow amendment question open the rejected as pleaded against minister’s latest refusal revoke y.y.’s order, but adjourned proceedings allow a possible concerning reports of secret detention algeria. [2019] iehc 27

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Courts Service · 2019-01-25 · courts

High Court sets aside Valuation Tribunal ruling on fibre network rates

high court sets aside valuation tribunal ruling on fibre network rates the found that had not properly addressed preliminary issues or given commissioner for a fair chance to present evidence appeals’ merits. [2019] iehc 23 has set 2017 determination over proposed metropolitan area networks and sent

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Courts Service · 2019-01-25 · courts

High Court affirms possession order after mortgage appeal

high court affirms possession order after mortgage appeal the rejected borrower’s grounds of and affirmed circuit court’s order, following a hearing over two days. [2019] iehc 100 has giving permanent tsb mortgaged property in walkinstown, dublin, rejecting as having no merit. mr justice meenan deli

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Courts Service · 2019-01-25 · courts

High Court keeps jury trial for claims against HSE and Congregation

high court keeps jury trial for claims against hse and congregation the refused motions to set aside a notice of by jury, ruling that negligence were sufficiently connected alleged assault jury-trial exception apply. [2019] iehc 64 has applications health service executive religious have them tried

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Courts Service · 2019-01-25 · courts

Court of Appeal dismisses appeal against three-and-a-half-year sentence in €450,000 cannabis case

court of appeal dismisses against three-and-a-half-year sentence in €450,000 cannabis case the found for possession and resin fell within available range disclosed no error principle. appeal; dublin circuit criminal has dismissed antonia mcgrath’s severity a prison possessing valued at about €450,00

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Courts Service · 2019-01-25 · courts

Court of Appeal refuses DPP bid to increase suspended drug sentence

court of appeal refuses dpp bid to increase suspended drug sentence the held that unusual circumstances around alyn maginn’s role and personal meant sentencing judge’s decision could not be condemned as impermissible. has refused a director public prosecutions application review five-year imposed on

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Courts Service · 2019-01-25 · courts

High Court rules dismissed cash forfeiture case cannot proceed to appeal by stated case

high court rules dismissed cash forfeiture case cannot proceed to appeal by stated the proposed a declaration that 2014 order had application in full, leaving circuit without jurisdiction state case. it also an prohibiting dpp from taking further steps progress [2019] iehc 24 has declaring was its e

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Courts Service · 2019-01-24 · courts

High Court dismisses appeal over end of income protection payments

high court dismisses appeal over end of income protection payments the found no error in financial services ombudsman’s decision that friends first acted reasonably refusing policyholder’s appeal. it said ombudsman was not required to hold an oral hearing. [2019] iehc 167 ireland has dismissed by ka

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Courts Service · 2019-01-24 · courts

High Court dismisses student’s claim over knee injury during school high jump

high court dismisses student’s claim over knee injury during school jump the preferred pe teacher’s account that class was warmed up and instructed before 2014 exercise, found no negligence by her or school. [2019] iehc 22 has dismissed a action against trustees board of management st. paul’s second

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Courts Service · 2019-01-24 · courts

Supreme Court upholds bank’s expert profit share, changes form of order

supreme court upholds bank’s expert profit share, changes form of order the held that jackie greene construction was bound to ensure ibrc received share set by an expert, but said high should not have entered judgment for full amount. has upheld interpretation a settlement requiring ltd irish bank r

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Courts Service · 2019-01-23 · courts

Limerick court refuses bid to exclude breath-test statements over signing error

limerick court refuses bid to exclude breath-test statements over signing error a district judge found garda signed the after accused, but ruled caused no unfairness, prejudice or detriment accused’s fair-trial rights. court, area of limerick, no. 13 refused an application for direction at close pro

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Courts Service · 2019-01-23 · courts

Court of Appeal rejects most challenges in long-running Ganley defamation case

court of appeal rejects most challenges in long-running ganley defamation case the upheld orders requiring discovery from both sides, allowing rté to cross-examine declan on two affidavits and leaving challenged parts its defence place. it also overturned high court’s decision reserve interlocutory

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Courts Service · 2019-01-23 · courts

Mayo County Council loses appeal over ferry grounding; costs share increased

mayo county council loses appeal over ferry grounding; costs share increased the court of upheld high court’s liability apportionment for a 2011 grounding at roonagh pier, but council’s respondents’ from 50% to two-thirds. [2019] ieca 9 has dismissed an by its responsibility while increasing contrib

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Courts Service · 2019-01-22 · courts

High Court allows Ryanair amendments in air travel tax case

high court allows ryanair amendments in air travel tax case the rejected state’s claim that proposed changes would cause enough logistical prejudice to refuse them, while leaving management and any timetable orders open. [2019] iehc 20 has allowed amend its pleadings a dispute over ireland’s tax, in

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Courts Service · 2019-01-22 · courts

Court of Appeal dismisses challenge to six-year sentence for fatal N26 collision

court of appeal dismisses challenge to six-year sentence for fatal n26 collision the found severe but within sentencing judge’s discretion, citing driver’s prior drink-driving conviction and two additional offences taken into consideration. has dismissed declan moran’s against severity his prison da

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Courts Service · 2019-01-22 · courts

High Court upholds breath-test evidence in appeal over language choice

high court upholds breath-test evidence in appeal over language choice the answered both questions a case stated affirmative, finding no duty under 2015 regulations to ask which driver wanted and holding statements admissible. [2019] iehc 58 has upheld admissibility of an by way stated, ruling that

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Courts Service · 2019-01-22 · courts

High Court declines to direct plaintiff to seek permission for second obstetrics expert

high court declines to direct plaintiff seek permission for second obstetrics expert during a clinical negligence trial, the held that one-expert rule applied but did not require make an application before calling another expert. any issue could be considered as evidence was given. [2019] iehc 9 dec

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Courts Service · 2019-01-22 · courts

High Court dismisses former WIT president’s challenge over appointment decision

high court dismisses former wit president’s challenge over appointment decision the held that waterford institute of technology’s governing body had authority to decide whether appoint candidate recommended by a selection board. [2019] iehc 17 dismissed kieran byrne’s case challenging not him new fi

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Courts Service · 2019-01-22 · courts

Court of Appeal allows Galway egg brand’s passing-off appeal

court of appeal allows galway egg brand’s passing-off the held that high had misapplied test and ordered an injunction against trading under “o’briens free range eggs”. [2019] ieca 8 has allowed eggs limited’s in a dispute it is entitled to restraining kevin o’brien, carmel o’brien hillsbrook limite

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Courts Service · 2019-01-22 · courts

Supreme Court awards wife three quarters of remaining pension fund

supreme court awards wife three quarters of remaining pension fund the varied a 2013 adjustment after considering parties’ changed finances and housing circumstances. it declined to rule on complaints about trustees’ fees. has in long-running divorce case, directing that receive 75% husband 25%. sai

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Courts Service · 2019-01-21 · courts

High Court says acquittal in stolen-property case was wrong but declines retrial

high court says acquittal in stolen-property case was wrong but declines retrial the answered a district judge’s stated on law, decided not to send charge back for rehearing, citing risk of singling out accused. [2019] iehc 16 ruled that judge dismiss possessing stolen property, declined remit retri

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Courts Service · 2019-01-21 · courts

High Court refuses applicant leave to appeal protection decision

high court refuses applicant leave to appeal protection decision the held that proposed questions did not raise an issue of exceptional public importance and refused appeal. [2019] iehc 26 j.u.o.’s application for earlier dismissal her challenge a refusing international claim. was brought under sect

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Courts Service · 2019-01-21 · courts

Court of Appeal replaces suspended burglary sentence with three years’ imprisonment

court of appeal replaces suspended burglary sentence with three years’ imprisonment the allowed director public prosecutions’ undue-leniency application, quashed original and imposed years without suspension, credit for specified time in custody. 235cja/17 has a prosecutions application to review mi

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Courts Service · 2019-01-21 · courts

Court of Appeal dismisses Coffey’s appeal against robbery sentence

court of appeal dismisses coffey’s against robbery sentence the held that a two-and-a-half-year prison fell within available range and was not excessively severe, taking account circuit court’s decision to reactivate part an earlier suspended sentence. [110/18] appeal; in tralee; district (brother’s

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Courts Service · 2019-01-21 · courts

High Court allows late addition of EU law ground in compensation scheme challenge

high court allows late addition of eu law ground in compensation scheme challenge the permitted a mother to amend her judicial review case, citing oversight, delay respondents’ filings and legal nature proposed ground. [2019] iehc 13 has allowed add new european union over refusal following daughter

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Courts Service · 2019-01-21 · courts

High Court makes no costs order in moot immigration judicial review

high court makes no costs order in moot immigration judicial review the case became after minister revoked a deportation and granted an eu residence card. said outcome followed from application, rather than proceedings. [2019] iehc 25 made as to when for justice equality card first applicant. applic

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Courts Service · 2019-01-19 · courts

High Court increases compensation for man with hepatitis C-related cirrhosis

high court increases compensation for man with hepatitis c-related cirrhosis the raised general to €220,000 and awarded €400,642 future childcare costs, while keeping tribunal’s other terms in place. [2019] iehc 173 increased b.d., who developed decompensated after contracting c from a blood transfu

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Courts Service · 2019-01-18 · courts

High Court dismisses negligence claim despite finding developing cauda equina syndrome

high court dismisses negligence claim despite finding developing cauda equina syndrome the judge found that earlier surgery would have reduced some of plaintiff’s symptoms, but ruled surgeon’s decisions did not amount to on evidence available at time. [2019] iehc 31 dismissed a medical against spina

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Courts Service · 2019-01-18 · courts

High Court orders liquidator to pay Revenue €42,116 after cutting claimed fees

high court orders liquidator to pay revenue €42,116 after cutting claimed fees the fixed liquidator’s remuneration and expenses at €37,883.69 ordered him commissioners remaining €42,116.31. it also directed costs of proceedings. [2019] iehc 11 has lucca food trading company limited €42,116.31 fixing

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Courts Service · 2019-01-18 · courts

District Court stayed child care proceedings while Agency seeks transfer abroad

district court stayed child care proceedings while agency seeks transfer abroad the found another european jurisdiction better placed to hear substantive issues and irish pending a request for that assume jurisdiction. an chúirt dúiche / court, [redacted] concerning baby family have in under article

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Courts Service · 2019-01-18 · courts

High Court orders each side to bear its own costs in foster mother’s judicial review

high court orders each side to bear its own costs in foster mother’s judicial review the refused request for after her was dismissed, but also declined child and family agency’s against her. [2019] iehc 8 has ordered a former mother agency (cfa) their dismissing application. cfa pay of birth guardia

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Courts Service · 2019-01-18 · courts

High Court stays vacant-site appeal while Dunnes Stores judicial review proceeds

high court stays vacant-site appeal while dunnes stores judicial review proceeds the ordered an bord pleanála’s stayed pending review, citing issues board could not determine. it did decide underlying allegations or appeal’s merits. [2019] iehc 59 has a stay of to pleanála concerning entry limerick

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Courts Service · 2019-01-18 · courts

High Court refuses security for costs after delay in holiday-home dispute

high court refuses security for costs after delay in holiday-home dispute the accepted that management company appeared unable to meet a order if defendants won, but found defendants’ and resulting prejudice justified refusing their application. [2019] iehc 111 refused an application by neville over

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Courts Service · 2019-01-18 · courts

High Court orders €390,000 transfer in separation and divorce proceedings

high court orders €390,000 transfer in separation and divorce proceedings the directed a respondent to €125,000 from new zealand savings pay €265,000 within nine months, while leaving disputed marriage contract unresolved. [2019] iehc 83 has ordered judicial bank account applicant further months. ma

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Courts Service · 2019-01-18 · courts

Court of Appeal dismisses M.C.’s appeal as moot after unconditional discharge

court of appeal dismisses m.c.’s as moot after unconditional discharge the did not decide whether clinical director breached statutory duties over proposed changes to residence conditions, and made no finding that her constitutional or convention rights had been breached. [2019] ieca 4 has dismissed

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Courts Service · 2019-01-18 · courts

High Court dismisses hotel sale claim after finding purchaser was never identified

high court dismisses hotel sale claim after finding purchaser was never identified the ruling came at close of plaintiff’s evidence, on an application by four defendants. found she had not made out a prima facie case that parties agreed who would buy ard rí hotel. [2019] iehc 12 court, commercial di

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Courts Service · 2019-01-18 · courts

High Court awards Lagan Bitumen €198,000 over defective filling unit

high court awards lagan bitumen €198,000 over defective filling unit the award followed an assessment of damages after judgment in default appearance; defendant was also given 12 weeks from service order to collect unit. [2019] iehc 42 has awarded limited repayment for a “big bag unit” that company

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Courts Service · 2019-01-17 · courts

Court of Appeal says non-marital partners are not exempt from giving evidence

court of appeal says non-marital partners are not exempt from giving evidence the answered a legal question in dpp after trial judge excluded two and directed acquittals. proceeded without prejudice; did order retrial. has ruled that non-compellability provisions criminal act 1992 apply only to spou

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Courts Service · 2019-01-17 · courts

High Court grants default judgment against Belport and Sedykin in ToAZ share dispute

high court grants default judgment against belport and sedykin in toaz share dispute the also ordered asset restraints disclosure to support enforcement, while leaving damages be assessed alongside case other defendants. [2019] iehc 7 of ireland, commercial granted appearance investments limited yev

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Courts Service · 2019-01-16 · courts

Court of Appeal dismisses Mountjoy prisoner’s challenge to reissued committal warrant

court of appeal dismisses mountjoy prisoner’s challenge to reissued committal warrant the held that a stayed during earlier proceedings could be after stay expired, and upheld refusal order applicant’s release under article 40. [2019] ieca 3 has dismissed mervyn white’s against high court’s his from

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Courts Service · 2019-01-16 · courts

High Court orders company to provide information sought for Austrian tax investigation

high court orders company to provide information sought for austrian tax investigation the found statutory threshold an order was met, but said it could not decide company’s wider legal challenges in this application. [2019] iehc 90 has ordered anonymised give revenue names and addresses, available

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Courts Service · 2019-01-16 · courts

Court of Appeal dismisses appeal over Garda report discovery request

court of appeal dismisses over garda report discovery request the upheld refusal to order in a judicial review challenge temporary-release decisions, finding no prima facie evidence that reliance on view was arbitrary, capricious or unjust. [2019] ieca 21 has dismissed nicholas kendall’s against hig

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Courts Service · 2019-01-15 · courts

High Court dismisses Wicklow Council’s planning enforcement application

high court dismisses wicklow council’s planning enforcement application the found council had not shown that a disputed farm entrance was authorised by later permission, and dismissed its under section 160. [2019] iehc 18 has county to enforce conditions against roy beattie at his near blessington,

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Courts Service · 2019-01-15 · courts

High Court orders inspection of older Walford investigation correspondence but upholds privilege for later documents

high court orders inspection of older walford investigation correspondence but upholds privilege for later documents the found that official assignee had not established litigation specified created during investigations before lehane proceedings were imminent. it upheld from late 2016 onward and re

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Courts Service · 2019-01-15 · courts

High Court finds €280,000 paid to couple was an open-ended loan

high court finds €280,000 paid to couple was an open-ended loan the ruled that jacqueline keenaghan had sought money and promised repayment, rejecting defendants’ account it a gift. judgment states no specified repayment date. [2019] iehc 9 has found by della kerrigan in 2010 loan, after claim unsol

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Courts Service · 2019-01-15 · courts

Appeal court quashes fully suspended sentence for assault and imposes 12 months in custody

appeal court quashes fully suspended sentence for assault and imposes 12 months in custody the found assault’s seriousness existing safety order made a an error. it substituted two-and-a-half-year with final 18 suspended. of has quashed two half years’ imprisonment, full, imposed on mathew kelly ass

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Courts Service · 2019-01-15 · courts

High Court holds Kelly Trucks directors liable for debts and disqualifies them for 7½ years

high court holds kelly trucks directors liable for debts and disqualifies them 7½ years the found james anne had transferred company business assets beyond creditors’ reach. it ordered repayment of specified funds delivery vehicles, while leaving further asset recovery unresolved. [2019] iehc 6 has

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Courts Service · 2019-01-15 · courts

High Court dismisses appeal over unauthorised shed and wall in Wicklow

high court dismisses appeal over unauthorised shed and wall in wicklow the respondents failed to prove structures’ development began more than seven years before county council started proceedings, ruled. [2019] iehc 19 court, circuit has dismissed an by liam lee jean tompkins against a order concer

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Courts Service · 2019-01-14 · courts

High Court rejects Vola’s challenge to Irish jurisdiction in Ryanair data dispute

high court rejects vola’s challenge to irish jurisdiction in ryanair data dispute the found, for motion, that vola typically booked flights through its own website and interaction with ryanair’s site brought it within an clause. underlying claims remain trial. [2019] iehc 239 has refused romanian on

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Courts Service · 2019-01-14 · courts

High Court quashes retrospective guardianship order over notice and jurisdiction errors

high court quashes retrospective guardianship order over notice and jurisdiction errors the ruled that a district making father joint guardian from his son’s birth was invalid. it did not decide whether he otherwise qualified as guardian. [2019] iehc 513 has quashed made an unmarried of son with eff

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Courts Service · 2019-01-14 · courts

High Court quashes refusal of one applicant’s permission to remain

high court quashes refusal of one applicant’s permission to remain the found a required second part was missing from an interview report and ordered fresh consideration that issue. it refused other relief sought across five judicial review applications. [2019] iehc 21 quashed decision refusing appli

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Courts Service · 2019-01-14 · courts

High Court refuses appeal certificate in substitute consent cases

high court refuses appeal certificate in substitute consent cases the said proposed questions did not meet statutory test for certification to of appeal. [2019] iehc 40 has refused certify four points law two related judicial review concerning planning consent. it held that first raise a point excep

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Courts Service · 2019-01-14 · courts

Court of Appeal rejects challenge to wholly suspended sentence for serious stabbing

court of appeal rejects challenge to wholly suspended sentence for serious stabbing the dismissed dpp’s undue-leniency review, holding that sentencing judge’s decision suspend three-year term was open him on evidence. has director public prosecutions’ application review a imposed daniel smith causin

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Courts Service · 2019-01-14 · courts

Bank wins €670,033.74 judgment, but separate loan claim can proceed to trial

bank wins €670,033.74 judgment, but separate loan claim can proceed to trial the high court entered judgment for of ireland on a commercial mortgage account while allowing defendants defend second over whether renewal agreement had valid consideration. [2019] iehc 1 has account, mohammed nawaz and n

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Courts Service · 2019-01-14 · courts

Court of Appeal dismisses appeal against sentences for assault with intent to rob and robbery

court of appeal dismisses against sentences for assault with intent to rob and robbery the found no sentencing error, upholding consecutive terms three years five years, final two latter suspended. has dismissed clodagh forde’s severity imposed an in dublin 2015 a 2016. circuit criminal sentenced fo

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Courts Service · 2019-01-14 · courts

Court of Appeal upholds refusal of leave to challenge Roscommon possession-case adjournment

court of appeal upholds refusal leave to challenge roscommon possession-case adjournment the found no arguable basis judicially review a county registrar’s decision adjourn pepper finance’s possession proceedings circuit judge’s list. [2019] ieca 7 has upheld high refusing michael egan seek judicial

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Courts Service · 2019-01-14 · courts

High Court refuses request for Dunnes witness statements in fall case

high court refuses request for dunnes witness statements in fall case the held that uncontroverted affidavit evidence supported stores’ claim were protected by litigation privilege. [2019] iehc 44 refused anne kurtz’s application an order requiring stores to disclose concerning alleged trip and at i

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Courts Service · 2019-01-14 · courts

High Court refuses challenge to negative protection recommendation

high court refuses challenge to negative protection recommendation the rejected mr e’s claims of objective bias, breach legitimate expectation and unlawful failure disclose eurodac fingerprint data. [2019] iehc 39 has refused all relief sought by e in a on his application for subsidiary protection.

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Courts Service · 2019-01-14 · courts

Court of Appeal increases sentences after finding them unduly lenient

court of appeal increases sentences after finding them unduly lenient the quashed sentence for child abduction and increased assault reviewing convictions arising from an taking infant. has found that imposed on patrick lynch causing harm abducting a were lenient, longer terms. director public prose

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Courts Service · 2019-01-11 · courts

High Court rules on performers’ share of recorded-music fees

high court rules on performers’ share of recorded-music fees in preliminary rulings a dispute between raap and ppi, the said producers or their representatives calculate individual payments, can collect only for performers who assigned it rights. [2019] iehc 3 has ruled that recorded artists actors

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Courts Service · 2019-01-11 · courts

High Court dismisses Gilroy’s claims against AIB and five others

high court dismisses gilroy’s claims against aib and five others the dismissed under order 19, rule 28, finding that they had no reasonable prospect of success. it did not decide defendants’ separate requests for restrictions on future proceedings or litigation assistance. [2019] iehc 480 has ben (o

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Courts Service · 2019-01-11 · courts

High Court plans EU court reference in dispute over performers’ music royalties

high court plans eu reference in dispute over performers’ music royalties the found that questions about copyright rules and international treaty reservations were not clear enough to decide without guidance from of justice. [2018] iehc 2 has proposed asking justice european union clarify whether pe

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Courts Service · 2019-01-11 · courts

High Court extends time but dismisses challenge to Ghanaian protection decision

high court extends time but dismisses challenge to ghanaian protection decision the rejected claims that appeals tribunal assessed applicant’s account through a western cultural lens or irrationally dismissed his of chieftaincy succession and threats. [2019] iehc 10 extended for judicial review appl

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Courts Service · 2019-01-11 · courts

High Court declares blanket retention of telephony data inconsistent with EU law, but stays effect

high court declares blanket retention of telephony data inconsistent with eu law, but stays effect the declaration followed an agreed position by parties and will be stayed for a limited period while proposed appeal is pursued. [2019] iehc 48 declared that provision allowing general indiscriminate w

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