Courts Service · 2019-02-28 · courts
court of appeal dismisses challenge to freezing order on two limerick properties the upheld high court’s section 3 after rejecting challenges hearsay evidence, assessment respondents’ explanations and risk injustice. [2019] ieca 140 has dismissed an by edward mccarthy anthony mullane against a under
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Courts Service · 2019-02-28 · courts
high court dismisses 2001 property sale claim over unexplained delay the dismissed a for specific performance and interest after finding plaintiff’s defeated claim. [2019] iehc 121 patrick mccoy’s of contract, his in bringing proceedings also concluded that constituted an abuse process were bound to
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Courts Service · 2019-02-28 · courts
court of appeal replaces suspended sentence with five years’ imprisonment the allowed director public prosecutions’ against undue leniency and resentenced vidas petrauskas for a drugs offence, credit time served. quashed five-year that had been almost in its entirety imposed imprisonment, served, on
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Courts Service · 2019-02-28 · courts
court of appeal quashes sentence and re-sentences liam walsh in theft the found an error refusing a short adjournment for rehabilitation evidence, then imposed aggregate 35 months, with final five months suspended on stated conditions. [2019] ieca 372 has quashed after finding that sentencing judge
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Courts Service · 2019-02-28 · courts
court of appeal says dangerous-driving charge should have gone to jury the allowed dpp’s against a directed acquittal, but did not order retrial or decide respondent’s guilt. director public prosecutions’ after trial judge acquit d. p. dangerous driving causing death. held that been left jury. its j
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Courts Service · 2019-02-28 · courts
court of appeal dismisses dunnes stores over accident documents the upheld an order allowing charmaine colston to inspect claimed were protected by litigation privilege, finding company had not supplied enough evidence support that claim. [2019] ieca 59 has dismissed stores’ against prepared after a
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Courts Service · 2019-02-28 · courts
court of appeal overturns €315,000 award in inheritance dispute between brothers the found that mother had not failed her moral duty to make proper provision for adult son and set aside high order. [2019] ieca 58 has overturned a order requiring man pay his brother from their late mother’s estate, f
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Courts Service · 2019-02-28 · courts
court of appeal dismisses challenge to delayed sentencing the held that circuit could defer on guilty pleas drug charges until after appellant’s pending trial separate charges. [2019] ieca 69 has dismissed an challenging adjournment for offences which gareth hill had pleaded guilty. it wait outcome
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Courts Service · 2019-02-27 · courts
court of appeal overturns order for museum employee’s mental health records the dismissed national ireland’s and allowed cross-appeal in a dispute over discovery. underlying claims about his suspension required medical assessment remain trial. [2019] ieca 57 has overturned an requiring ireland emplo
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Courts Service · 2019-02-26 · courts
court of appeal dismisses challenge to five-year sexual assault sentence the found no sentencing error in a case involving late guilty plea and serious aggravating factors. three years post-release supervision remain place. has dismissed man’s against severity prison for sexually assaulting 14-year-
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Courts Service · 2019-02-26 · courts
supreme court dismisses guerin appeal over fair procedures in shatter report case the held that alan should have had an opportunity to respond criticisms of his handling sergeant mccabe’s complaints report. it rejected shatter’s challenge exceeded its terms reference. ireland dismissed by seán judic
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Courts Service · 2019-02-26 · courts
court of appeal dismisses against rape sentence the upheld a ten-year sentence, with final year suspended, for man who was convicted as secondary participant in rape. appeal; central criminal (sentencing court) has dismissed k.a.’s severity his rape, finding no error principle court’s decision. k.a.
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Courts Service · 2019-02-26 · courts
court of appeal refuses challenge to three-year robbery sentence the held that imposed on leanna hughes was within available range and dismissed her against its severity. has refused hughes’s severity a prison for robbery, finding range. by dublin circuit criminal 14 march 2018. delivered judgment 2
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Courts Service · 2019-02-26 · courts
high court extends time to register particulars of cst charge the allowed acc loan management dac’s application concerning a 2000 charge, with safeguard allowing future liquidator seek discharge order. [2019] iehc 150 has extended for designated activity company deliver over limited’s property compa
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Courts Service · 2019-02-26 · courts
high court dismisses teacher’s challenge to planned vetting bureau notification the found no delay or evidence of bad faith in teaching council’s decision notify national its concern. ruling did not determine whether would disclose information. [2019] iehc 102 {'name': 'high court', 'judge': 'mr. ju
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Courts Service · 2019-02-26 · courts
supreme court judge says guerin report exceeded its brief in criticism of shatter a judgment proposing limited declaratory relief, mr justice charleton said the public made damaging assessment alan without seeking his response. does not require criminal-trial procedures for ordinary administrative i
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Courts Service · 2019-02-26 · courts
supreme court makes limited declaration over guerin report comments on alan shatter the held that preliminary recommendations for a public inquiry did not generally require hearing first, but ruled five conclusions about exceeded inquiry’s terms of reference. made in former justice minister were out
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Courts Service · 2019-02-26 · courts
high court orders cancellation of family inhibitions on lands securing judgment debt the found were lodged to hinder enforcement a mortgage, while leaving disputed claims beneficial interests unresolved. [2019] iehc 103 has ordered property registration authority cancel registered over five land fol
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Courts Service · 2019-02-25 · courts
high court dismisses two applicants’ bids for leave to appeal protection ruling the said proposed did not establish a suitable basis review standard of proof used in cases. [2019] iehc 146 has dismissed applications by anonymised applicants from nigeria judgment that had rejected their challenges de
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Courts Service · 2019-02-25 · courts
supreme court agrees to order in tracey contempt appeal over fair procedures concerns justice mckechnie said he had serious reservations about kevin tracey’s conduct but could not be sure received before being found contempt. the agreed with proposed by another judge a seven-day sentence imposed dis
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Courts Service · 2019-02-25 · courts
high court dismisses bid for leave to appeal in protection case the rejected two proposed questions about tribunal’s handling of alleged mental illness and absence medical evidence. [2019] iehc 123 has dismissed an applicant’s request after it previously his judicial review challenge refusal interna
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Courts Service · 2019-02-25 · courts
court of appeal dismisses challenges to disabled-driver tax criteria the upheld high court’s dismissal two judicial review applications, finding no basis invalidate regulations or overturn medical board decisions. [2019] ieca 61 has dismissed appeals by families challenging refusals issue primary ce
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Courts Service · 2019-02-25 · courts
supreme court quashes 2006 contempt order after finding hearing was required the held that kevin tracey could be removed from a district to maintain order, but separate before he committed prison for contempt. quashed an committing seven days in contempt, entitled punishment imposed. said judge had
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Courts Service · 2019-02-25 · courts
high court adjourns challenge over deportation decision for fresh submissions on detention risk the directed minister to reconsider a november 2018 after finding an error in how reports of secret or incommunicado algeria were addressed. [2019] iehc 122 adjourned part y.y.’s judicial review deportati
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Courts Service · 2019-02-25 · courts
supreme court dismisses david walsh’s appeal over contempt finding the upheld proposed dismissal of an arising from a 2016 courtroom incident, while mckechnie j. disagreed with majority’s changes to procedure. dismissed against disorder during sitting on 31 may 2016. justice william m. mckechnie, in
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Courts Service · 2019-02-25 · courts
high court refuses aib possession application over tipperary lands the held that summons sought of defendant’s whole folio, including his primary residence, and bank had not shown compliance with mortgage arrears moratorium. [2019] iehc 97 refused allied irish plc’s for in templemore, county tippera
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Courts Service · 2019-02-25 · courts
supreme court dismisses appeal over contempt conviction, seeks further submissions on order the found procedures fair, but left form of its final to be considered after submissions. [2019] iesc 29 dismissed david walsh’s his conviction for court, finding that fair had been followed. it called order,
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Courts Service · 2019-02-25 · courts
court of appeal dismisses against five-year drug sentence the found no error in sentencing judge’s assessment offences as mid-range, while noting appellant’s role was at low end enterprise. 9/2018 has dismissed an severity a prison imposed on darren o’mahoney for offences, with final two years suspe
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Courts Service · 2019-02-25 · courts
court of appeal reduces nenagh tenant’s sentence to concurrent terms the replaced a five-year aggregate for forgery and criminal damage with terms, suspending final six months subject conditions. reduced rosemary jones’s damage, ruling that term imposed by circuit was excessive. it sentences suspend
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Courts Service · 2019-02-25 · courts
high court rejects attempt to use insolvency appeal process after one creditor voted the dismissed appeals by two debtors, ruling that a practitioner could not retrospectively rely on procedure for cases with only entitled vote. [2019] iehc 96 court, circuit has leonard o’hara and noeleen o’hara, af
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Courts Service · 2019-02-25 · courts
court of appeal dismisses against sentence for organised €469 clothing theft the found no error in principle a three-year sentence, with final year suspended, planned from galway store. has dismissed john o’keefe’s prison imposed worth tommy hilfiger by circuit criminal on 16 may 2018, suspended yea
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Courts Service · 2019-02-22 · courts
high court refuses discovery request in oberstown segregation case the said requested reports were not shown to be relevant or necessary a judicial review brought by detained minor. [2019] iehc 113 refused an application martin greene, minor at children’s detention centre, for of and other documents
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Courts Service · 2019-02-22 · courts
high court stays declarations in performer remuneration dispute pending appeal directions the settled form of its on two preliminary legal issues, awarded defendant costs that hearing and reserved other questions for later. [2019] iehc 94 has stayed a between recorded artists actors performers limit
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Courts Service · 2019-02-22 · courts
court of appeal dismisses challenge to striking out hospital claims the upheld high court’s decision dismiss against a retired paediatrician and former operator mount carmel hospital, finding no expert evidence supported them. [2019] ieca 45 has dismissed an congregation sisters little company mary,
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Courts Service · 2019-02-22 · courts
court of appeal dismisses former owner’s bid to inspect land transfer instruments the said being a previous registered owner alone did not establish special circumstances for access, while leaving open possibility further application with fuller grounds. [2019] ieca 44 has dismissed charles mcguinne
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Courts Service · 2019-02-22 · courts
court of appeal dismisses challenge to refusal revoke deportation order the upheld after finding child’s interests had been treated as a primary consideration, while noting decision would have better if it expressly analysed later access arrangement. [2019] ieca 123 has dismissed an challenging agai
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Courts Service · 2019-02-22 · courts
court of appeal rejects roartys’ bid to set aside €898,981 bank judgment the found bank’s default was regularly obtained and proposed guarantee defences did not meet required reasonable-prospect-of-success test. [2019] ieca 62 has dismissed appeals by john paula roarty arising from a ireland €898,98
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Courts Service · 2019-02-22 · courts
high court grants bank of ireland summary judgment against one borrower, lets second defend the entered aidan white for €171,825.12 plus interest, while allowing mary to bank’s claim because she raised an arguable issue over whether agreed loan. [2019] iehc 465 granted mortgage but refused and gave
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Courts Service · 2019-02-21 · courts
court of appeal dismisses against rape convictions the rejected challenges to trial judge’s directions on reasonable doubt and accused’s decision not give evidence, upheld convictions. has dismissed an by peter halligan his two counts, finding no error in jury. were entered central criminal 31 janua
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Courts Service · 2019-02-21 · courts
high court orders focused inspection of roadstone quarries in pyritic-heave case the directed to identify quarry locations that supplied stone drumnigh wood development, allowing and sampling proceed. it did not determine liability for alleged house damage. [2019] iehc 99 has ordered at relevant roa
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Courts Service · 2019-02-21 · courts
high court finds taxi driver not liable for man’s fractured ankle after mullingar street fight the dismissed eddie reilly’s personal injuries claim, finding he was wholly responsible his injury falling near a during in march 2015. [2019] iehc 91 has found legally man fell beside mullingar. concluded
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Courts Service · 2019-02-21 · courts
high court awards €2,124.21 for car damage but rejects injury claim on a de novo appeal, the found balance of probabilities that delivery truck reversed into car, did not accept collision caused plaintiff’s claimed personal injuries. [2019] iehc 92 awarded desmond mcdonagh €2,124.21, including vat,
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Courts Service · 2019-02-21 · courts
court of appeal dismisses murder conviction the rejected all grounds and found no reason to doubt fairness trial or safety jury’s verdict. has dismissed przemyslaw trebacz’s against his for catalin cretu, finding conclude that was unfair verdict unsafe. judgment, delivered on 21 february 2019, said
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Courts Service · 2019-02-21 · courts
high court orders extradition to us over florida road death the found manslaughter charge corresponded with irish offences and rejected objections based on specialty alleged threats. it also directed two property-damage counts, conditional count. [2019] iehc 30 has ordered of samuel joseph tucker un
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Courts Service · 2019-02-21 · courts
high court orders o’donoghues pub operator to give up possession, with stay terms be heard the interlocutory order followed court’s assessment that receivers had a very strong case against operator’s claimed tenancy. judgment leaves of any conditional for further submissions. [2019] iehc 117 court,
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Courts Service · 2019-02-21 · courts
court of appeal dismisses jaroslow kilian’s against sentence severity the said an effective eight-and-a-half-year for offences involving stolen vehicles and drugs was lenient, but declined to increase it. has dismissed sentences imposed by circuit criminal in dublin, leaving eight a half years’ impr
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Courts Service · 2019-02-21 · courts
dublin court rejects challenge to prosecution evidence in insurance case a judge refused an application dismiss two charges at the close of case, finding that garda’s demand for or exemption documents was lawful. district court, metropolitan has against david o’neill over alleged motor offences, rul
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Courts Service · 2019-02-21 · courts
supreme court recognises officially induced error plea but says it did not apply to denis casey the set out when reliance on an official’s legal advice may bar a prosecution, held that evidence in casey’s appeal meet test. [2019] iesc 007 of ireland has recognised accused person ask stop criminal pr
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Courts Service · 2019-02-20 · courts
court of appeal dismisses challenge to strike-out two proceedings the concerned claims against minister for justice, attorney general and ireland arising from disputes about legal aid board. upheld high order striking out those claims. [2019] ieca 42 has dismissed dolores mannion’s an sets justice l
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Courts Service · 2019-02-20 · courts
high court orders disclosure of selected quinn case documents after privilege review justice robert haughton ruled that most disputed remained privileged, but ordered specified emails and records. some items were subject to qualifications, the proposed deadline depended on hearing from counsel. [201
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Courts Service · 2019-02-20 · courts
court of appeal upholds dismissal lorry driver’s delayed injury claim the dismissed paul sweeney’s appeals, finding his delay in pursuing case was inordinate and inexcusable that loss a key witness caused real prejudice to first defendant. [2019] ieca 43 has two appeals by driver sweeney, leaving pl
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Courts Service · 2019-02-20 · courts
court of appeal dismisses challenge to bankruptcy summons over €100,000 guarantee the found no basis overturn high court’s refusal dismiss summons, including on service and alleged improper motive grounds. [2019] ieca 71 has dismissed dominic carney’s against a decision refusing issued by ennis prop
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Courts Service · 2019-02-19 · courts
high court refuses challenge to medical fitness inquiry allegations a psychiatrist sought confine council restaurant meeting with former patient. the refused requested judicial review relief. [2019] iehc 106 psychiatrist’s application stop council’s practise committee proceeding of professional misc
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Courts Service · 2019-02-19 · courts
supreme court refuses order to return two children poland the allowed father’s appeal in part, set aside of appeal’s decision on how exercise its discretion and itself refused application. polish courts retain jurisdiction over custody. ireland an application under hague convention, concluding that
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Courts Service · 2019-02-19 · courts
court of appeal quashes manslaughter and assault verdicts as perverse the held that jury’s guilty were unsupported by evidence in case. it quashed them, but judgment gives no further order on retrial or sentence. has against darius alchimionek for causing harm, ruling rejection his insanity defence
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Courts Service · 2019-02-19 · courts
supreme court dismisses appeal over north-south interconnector approval the court’s judgment records disagreement whether an bord pleanála was lawfully designated as eu project’s competent authority, but concludes that planning remained valid and appeal. dismissed by north east pylon pressure campai
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Courts Service · 2019-02-19 · courts
court of appeal dismisses challenge to tús programme dismissal the held that tolka area partnership’s decision remove appellant from could not be attributed minister and was open judicial review. [2019] ieca 22 dismissed an by tonya martin over her application for review removal programme. it upheld
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Courts Service · 2019-02-19 · courts
supreme court dismisses pylon campaign’s planning appeal despite split over authority’s designation justice o’donnell agreed the should be dismissed but disagreed with lead judgment on whether an bord pleanála needed a statutory instrument to become competent authority. by north east pressure campai
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Courts Service · 2019-02-18 · courts
court of appeal dismisses against drug sentence the upheld six-year sentences on three dealing counts, with final years suspended for five years. [156/2018] has dismissed an severity a imposed osaze osagie offences, upholding six years’ imprisonment each count, followed guilty pleas to counts under
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Courts Service · 2019-02-18 · courts
court of appeal cuts suspended portion dangerous-driving sentence the found original unduly lenient because two years a six-year term had been suspended. it quashed that and imposed six years, suspending final nine months. has resentenced sean ward after finding suspension from his prison for danger
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Courts Service · 2019-02-15 · courts
high court refuses cohabitant relief after finding relationship breaks interrupted five-year period the found that two in 2012–13 meant applicant had not lived with respondent an intimate and committed for five years required by law. it also a further break 2015, but made no about disputed 2014. [20
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Courts Service · 2019-02-15 · courts
high court dismisses challenge to revocation of egyptian man’s eu residence card the found minister gave reasons for revoking and applicant had not shown that decision was unlawful. judge dismissed judicial review application. [2019] iehc 124 has a an card, finding he demonstrated conditions his der
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Courts Service · 2019-02-15 · courts
high court orders limited affidavit in ringaskiddy incinerator judicial review the refused most discovery requests and declined to order an bord pleanála provide a broader account of what its members considered. [2019] iehc 85 has cork harbour alliance for safe environment’s documents challenge plan
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Courts Service · 2019-02-15 · courts
high court refers shannon lng planning extension dispute to eu the ruled that a five-year for expired terminal permission could only be sought under different statutory route, but referred key questions cjeu and did not decide whether was valid. [2019] iehc 80 has of justice european union (cjeu) ov
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Courts Service · 2019-02-15 · courts
high court approves €28,000 settlement and directs balance to surviving dependant in a fatal injuries claim over the death of kathleen kenny, ruled proposed reasonable directed that, after €7,890 special damages, go her niece, joan jones. [2019] iehc 82 has that arising from kenny is should be accep
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Courts Service · 2019-02-15 · courts
high court says epa exceeded powers in youghal wastewater licence amendment the declared epa’s 2017 technical ultra vires, finding changes required a revision procedure. it did not set aside at this stage or decide separate habitats directive challenge. [2019] iehc 81 has that environmental protecti
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Courts Service · 2019-02-14 · courts
high court dismisses claim over monaghan road collision after finding plaintiff crossed into truck’s lane the found that plaintiff’s car probably continuous white line before 2013 collision. it said overloading and deficient brakes were not shown to be effective cause. [2019] iehc 116 dismissed kati
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Courts Service · 2019-02-14 · courts
high court refuses judicial review over £2.4m seized from applicant’s home the refused all relief sought by timothy cunningham, finding no basis to extend time limit and that he had not established ownership of money after a 2014 forfeiture order. [2019] iehc 104 has cunningham in concerning £2.4 mi
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Courts Service · 2019-02-13 · courts
high court rules fisherman’s public law challenge was brought too late a preliminary ruling found that the claims over reclassification of mfv áine íde and later fishing policies were, in substance, out-of-time challenges to decisions. did not decide separate statutory limitation or delay issues. [2
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Courts Service · 2019-02-13 · courts
court of appeal dismisses challenge to six-year sentence for child sexual abuse the found no sentencing error in an limited a rape count arising from that took place over about six years. has dismissed against imposed between 1989 and 1996. it said effective did not fall outside available range. app
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Courts Service · 2019-02-13 · courts
high court grants interim relief to tied agent challenging ebs termination the found serious issues for a full hearing over notices ending three agency agreements, but left order’s form and costs further submissions. [2019] iehc 74 has granted interlocutory betty martin financial services limited in
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Courts Service · 2019-02-13 · courts
high court leaves €27.6m summary judgment application open pending evidence the found that loan servicer’s affidavits did not establish its deponent could swear positively to facts. it left plaintiff an opportunity provide further on issue. [2019] iehc 75 has granted in a €27.6 million debt claim br
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Courts Service · 2019-02-13 · courts
high court declines to determine preliminary issue in nervous shock claim the said claim’s basis and duty of care alleged were unclear on pleadings limited evidence before it. [2019] iehc 370 declined a patrick keeve’s against health service executive letterkenny general hospital, finding that could
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Courts Service · 2019-02-13 · courts
court of appeal dismisses against severity sentence for sexual assaults the found concurrent sentences fell within available range serious offending two children and dismissed appeal. 99/18 has gerard o’grady’s imposed children, finding were range. judgment, delivered by birmingham p. on 13 february
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Courts Service · 2019-02-13 · courts
high court orders company to provide security for ulster bank’s legal costs the order followed a finding that bank had reasonably sustainable defence and charles kelly limited would be unable meet its if succeeded. underlying claims remain determined. [2019] iehc 120 has ordered ireland limited’s of
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Courts Service · 2019-02-13 · courts
high court refuses late bid to expand roscommon land case the rejected sean hanley’s applications add new claims and join mary hannon personally, finding that changes would cause significant prejudice. [2019] iehc 86 has refused application substantially amend his claim over at ardsallagh beg, co ro
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Courts Service · 2019-02-13 · courts
high court dismisses claim after finding accident account was not credible the said it could establish how car ended up in a ditch, citing conflicting accounts of passenger’s seat, road conditions and cause incident. [2019] iehc 88 dismissed patrick ward’s personal injuries that his events had been
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Courts Service · 2019-02-13 · courts
court of appeal quashes yusuf ali abdi’s murder conviction and orders retrial the found that psychiatric records a changed diagnosis made after trial could have influenced jury’s decision. it did not determine conclusively miscarriage justice had occurred. has quashed directed retrial, finding later
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Courts Service · 2019-02-12 · courts
high court rules ben gilroy’s mountjoy detention lawful under committal order the rejected challenges to face of and claims a fundamental denial justice in an article 40.4.2 application. its conclusion concerned lawfulness that order. [2019] iehc 71 ruled prison was accordance with law, rejecting ap
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Courts Service · 2019-02-12 · courts
high court rejects grandfather’s trust claim to mortgage policy proceeds the found no basis make deceased’s estate liable for proceeds, but left open whether it should repay €5,594.54 in premiums. [2019] iehc 76 rejected william kenny’s that of his late son, keith kenny, held a protection on him. di
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Courts Service · 2019-02-12 · courts
high court dismisses challenge to zimbabwean man’s deportation order the rejected four remaining grounds for judicial review, finding no basis quash order. it did not itself make or reconsider decision. [2019] iehc 78 has dismissed a application order, rejecting of challenge. judgment decide underly
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Courts Service · 2019-02-11 · courts
high court dismisses worker’s claim over lift door injury the found no malfunction or breach of employer’s duties, concluding that incident occurred through inadvertence. [2019] iehc 79 dismissed geraldine o’grady’s personal against abbott ireland an in which a struck her head at company’s clonmel f
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Courts Service · 2019-02-11 · courts
high court refuses leave to appeal in international protection case the dismissed an application for after finding proposed questions did not raise exceptional public importance and would be decisive case. [2019] iehc 72 by a.a. (pakistan) its earlier rejection of a challenge appeals tribunal (ipat)
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Courts Service · 2019-02-11 · courts
high court refuses maguire’s bid for garda detention materials before eaw hearing the found no clear legal duty to provide requested information in advance. it also rejected claims under eu directive and that transfers of evidence northern ireland interfered with its proceedings. [2019] iehc 69 has
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Courts Service · 2019-02-11 · courts
high court rules filing alone meets 14-day deadline for insolvency application the held that a debtor’s under section 115a is made when lodged in relevant office; service on notice parties need not be completed within same period. [2019] iehc 66 has ruled an of personal act it office. creditors and
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Courts Service · 2019-02-11 · courts
high court orders romanian man’s surrender after rejecting objections to european arrest warrant the found no bar over prison conditions, trial in absentia or alleged lack of clarity warrant. it ordered romania serve a composite sentence one year and 81 days. [2019] iehc 68 has razvan tache’s under
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Courts Service · 2019-02-11 · courts
high court refuses request for garda custody materials ahead of european arrest warrant hearing the found no legal duty to provide requested information in advance and held that applicant had right interview recordings on request. it refused all relief sought. [2019] iehc 67 has a man’s relating his
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Courts Service · 2019-02-11 · courts
minister ordered to pay costs in first naturalisation review; no order second the high court ruled on after granting limited substantive relief two related judicial reviews concerning a certificate. [2019] iehc 93 for justice and equality applicant’s of her certificate naturalisation. case, made as
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Courts Service · 2019-02-11 · courts
high court refuses leave to appeal in child’s immigration case the said proposed raised a new argument that was not part of originally pleaded, and interests could be considered through separate statutory process. [2019] iehc 73 has refused applicants after rejecting their challenge decisions concer
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Courts Service · 2019-02-11 · courts
high court allows amendment to add secret-detention ground in deportation challenge the allowed y.y. amend judicial review proceedings challenging a refusal revoke order. it did not determine underlying challenge. [2019] iehc 77 has specific concerning alleged secret detention algeria. decision perm
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Courts Service · 2019-02-08 · courts
aib claim against former company director sent to plenary hearing over guarantee consideration the high court rejected defendant’s proposed defence that he did not sign a €1.541 million as untenable on summary judgment application, but allowed him defend whether was supported by consideration. [2019
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Courts Service · 2019-02-08 · courts
high court rules westport driver was lawfully detained while awaiting urine sample the answered a consultative case stated in affirmative, finding delay for doctor to attend reasonable circumstances. [2019] iehc 63 ruled that man charged with drunken driving when he provided at garda station septemb
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Courts Service · 2019-02-08 · courts
high court dismisses challenge over district judge’s remarks the ruled that judge had absolute immunity for statements made during a hearing and found no stateable grounds judicial review application. [2019] iehc 293 dismissed neil reidy’s proceedings he said hearing, holding in court. mr justice me
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Courts Service · 2019-02-08 · courts
high court rejects jurisdiction challenge in bank of ireland debt case the admitted bank’s affidavits despite alleged defects, but left open whether borrower may cross-examine witnesses after filing further reasons. [2019] iehc 208 has rejected gerry ward’s to its ireland’s claim over an €776,024.34
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Courts Service · 2019-02-08 · courts
supreme court dismisses appeals over prison warrants after missed circuit hearings the held that could strike out criminal when appellants failed to appear and remained valid despite omissions about community service and, in one case, appellant’s non-appearance. has dismissed by sandra maguire thoma
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Courts Service · 2019-02-07 · courts
supreme court rules murder conviction can be admitted in civil proceedings the dismissed an appeal over admissibility of a inheritance dispute, while leaving interpretation relevant succession law for later determination. ireland has by personal representatives catherine nevin, holding that evidence
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Courts Service · 2019-02-07 · courts
court of appeal dismisses kelleher cousins’ appeals over cannabis convictions and sentences the upheld for offences under section 15a misuse drugs act prison terms 10 12 years. dismissed anthony gerard kelleher’s against their act. cousins were convicted after a trial in dublin circuit criminal on 8
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Courts Service · 2019-02-06 · courts
court of appeal refuses disability allowance over use judicial review the held that claimant should have used social welfare act’s process, which could bring legal questions before high court. [2019] ieca 25 has refused an by a romanian man whose application for was rejected, finding no error in cou
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Courts Service · 2019-02-06 · courts
high court lifts stay on microsoft ireland judgment in saudi distributor dispute the lifted a that had delayed enforcement of us$829,720.64 while distributor’s counterclaim remained unresolved, citing prolonged delays advancing case. [2019] iehc 110 has favour operations ltd against moneer omar thab
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Courts Service · 2019-02-06 · courts
court of appeal dismisses prison officers’ challenge to work training officer competition the allowed irish service’s cross-appeal, finding judicial review proceedings were brought outside time limit. it also upheld high court’s conclusion that officers had not established a legitimate expectation.
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Courts Service · 2019-02-05 · courts
court of appeal refuses late application by martin quinn the rejected an to extend time for a sentence appeal, citing unexplained year-long delay and generic grounds. refused quinn’s more lodge against sentence, finding that evidence did not adequately explain or set out arguable basis appeal. in ex
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Courts Service · 2019-02-05 · courts
court of appeal grants christopher black extra time to sentence the allowed a seven-month extension for lodging appeal, citing his prompt stated intention and an arguable issue about spent in custody. has granted lodge notice against sentence. decision gives him opportunity bring appeal; it does not
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Courts Service · 2019-02-05 · courts
court refuses late appeal application after guilty plea in theft case the of refused an to extend time a 2011 conviction, finding no satisfactory explanation for delay and arguable ground appeal. has sean crane’s against that he had not adequately explained more than seven years or shown ground. con
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Courts Service · 2019-02-05 · courts
high court dismisses fishing vessel owner’s claims over registration errors and sea dumping permits the found alleged did not cause owner to stop or establish any loss. it also rejected his negligence legitimate expectation a proposed at permit. [2019] iehc 163 dismissed kevin kielthy’s for damages
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Courts Service · 2019-02-05 · courts
court of appeal dismisses eh’s over limits on cross-examination the ruled that text exchanges between complainant and a teenage boy did not meet statutory threshold for broader questioning about her sexual history. has dismissed against his convictions two counts assault child defilement, ruling tri
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Courts Service · 2019-02-05 · courts
court of appeal extends time for cillian barry to drug sentence the accepted an explanation delay linked partly a learning disability and allowed proceed, without deciding whether should change. has extended eight-year possessing heroin sale or supply. found that he had provided proper reasonable hi
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Courts Service · 2019-02-05 · courts
high court rejects wexford council’s increased harbour charges for laid-up vessel the ruled that rate changes made by county manager were not valid amendments to kilmore quay’s bye-laws. it has yet fixed amount owed. [2019] iehc 162 council could rely on rates set charge a fishing laid up at quay. h
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Courts Service · 2019-02-05 · courts
court refuses late appeal bid over seven-year drug sentence the of refused mark dewey an extension time to severity his sentence, citing a lack detail about case and sentencing hearing. has dewey’s application for more prison offence. in judgment delivered on 5 february 2019, said had not provided e
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Courts Service · 2019-02-05 · courts
appeal court extends time for tibor hricko to challenge sentence the of allowed a late against severity after finding applicant had intended within prescribed period but notice was not filed. 112/2018 has extended his sentence, that intention been formed filed in time. an ex tempore judgment deliver
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Courts Service · 2019-02-05 · courts
supreme court restores refusal of park west clinic’s cpd accreditation application the held that college could refuse under its original guidelines and appeal should not have rejected sworn evidence without cross-examination. allowed royal surgeons in ireland’s dismissed ras medical limited’s for ju
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Courts Service · 2019-02-05 · courts
high court refuses summary judgment on disputed €235,539 bank claim the allowed for uncontested debts but said borrowers could argue at a plenary hearing that they took company liabilities after an alleged misrepresentation. [2019] iehc 464 has refused allied irish banks plc’s application part of €2
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Courts Service · 2019-02-04 · courts
high court refuses couple leave to appeal protection ruling the said proposed point about investigating documents was not pleaded, did arise from earlier judgment and justify leave. [2019] iehc 60 has refused a married its refusal quash decisions rejecting their international claims. in delivered on
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Courts Service · 2019-02-04 · courts
high court dismisses ptsb appeal over debtor’s personal insolvency arrangement the affirmed circuit order bringing into effect, finding bank’s proposed debt warehousing inappropriate in this case. [2019] iehc 56 has dismissed permanent tsb’s against an confirming a for lisa parkin, debtor named judg
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Courts Service · 2019-02-04 · courts
high court refers german arrest warrant authority questions to eu the reference concerns whether zwickau’s public prosecutor could issue a european and was sufficiently independent of executive. respondent remained in custody while awaited an answer. [2019] iehc 70 ireland has referred justice union
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Courts Service · 2019-02-04 · courts
minister must reconsider citizenship certificate after birth-date dispute the high court directed to whether correct an ethiopian-born woman’s naturalisation certificate, potentially inquiry. it refused her other requested relief, including challenge proposal revoke citizenship. [2019] iehc 47 has o
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Courts Service · 2019-02-04 · courts
high court awards garda €40,000 for finger injury in compensation scheme claim the awarded €32,500 past pain and suffering €7,500 future effects, plus €1,143.87 special damages. [2019] iehc 62 detective daniel treacy general damages a fractured sustained when detainee struck his left hand, along wit
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Courts Service · 2019-02-01 · courts
court of appeal dismisses guarantor’s challenge to €290,225 bank judgment liam hazel argued that the bank’s failure secure land used for a company loan undermined his guarantee. held guarantee was separate from other security and dismissed appeal. [2019] ieca 24 has hazel’s against requiring him pay
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Courts Service · 2019-02-01 · courts
high court refuses challenge over mother’s family reunification request the rejected a refugee’s judicial review after finding that her earlier application had been refused before governing law changed, and she no vested right to reopen it. [2019] iehc 55 has brought by refugee who challenged refusa
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Courts Service · 2019-02-01 · courts
high court bars prosecution after finding real risk of unfair trial the ruled that loss four household members and passage about 40 years created a warnings at could not address. [2019] iehc 54 court, judicial review has prohibited director public prosecutions from taking further steps in criminal p
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Courts Service · 2019-02-01 · courts
high court dismisses challenge to family reunification rule the held that applicant had not exhausted alternative immigration routes and, in any event, shown statutory distinction breached constitutional or convention rights. [2019] iehc 65 dismissed an afghan man’s a limiting for people granted int
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Courts Service · 2019-02-01 · courts
high court awards liquidator most costs in lee towers dispute the ruled on after finding that circuit and remedial-work liabilities did not rank as priority debts companies’ liquidation. it also vacated a mareva injunction. [2019] iehc 50 awarded of lance investments limited homes 80% his against ma
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Courts Service · 2019-02-01 · courts
high court orders sale of kerry family home but stays it if €700 monthly payments are made a judgment mortgagee sought enforcement an unpaid €30,000 circuit award. the ordered co-owned home, with stayed while specified met. [2019] iehc 51 has in county to enforce mortgage, on condition that peter cr
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Courts Service · 2019-02-01 · courts
high court refuses bid to remove video in defamation case the first plaintiff sought an interlocutory order requiring a woman take down linking sovereign movement with mms. refused application, leaving action unresolved. [2019] iehc 52 has application by for be removed from youtube and other platfor
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