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Courts Service · 2019-03-29 · courts

High Court strikes out hotel worker’s personal injury claim after delay

high court strikes out hotel worker’s personal injury claim after delay the found plaintiff’s in pursuing her bullying and harassment was inordinate inexcusable, that balance of justice favoured striking it out. [2019] iehc 427 struck a action brought by anita caulfied against fitzwilliam group limi

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Courts Service · 2019-03-29 · courts

High Court refuses leave to challenge school’s proposed verbal-warning process

high court refuses leave to challenge school’s proposed verbal-warning process the refused judicial-review over a planned stage-one disciplinary meeting, finding was not reviewable at that stage. it also an extension of time board’s earlier rejection teacher’s complaint. [2019] iehc 338 ireland teac

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Courts Service · 2019-03-29 · courts

High Court allows suspended student to return to school pending judicial review

high court allows suspended student to return school pending judicial review the interim order lets anonymised 15-year-old immediately, subject conditions, while his challenge school’s disciplinary process awaits a substantive hearing. [2019] iehc 230 has granted an injunction allowing z proceedings

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Courts Service · 2019-03-29 · courts

High Court rejects Hungarian prison conditions challenge to surrender

high court rejects hungarian prison conditions challenge to surrender the accepted hungary’s assurances about detention and respondent’s right seek a retrial or appeal, clearing way for order under three european arrest warrants. [2019] iehc 249 has rejected man’s hungary warrants, finding no real r

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Courts Service · 2019-03-29 · courts

Court of Appeal dismisses appeal against assault conviction

court of appeal dismisses against assault conviction the upheld a after finding complainant’s voice recognition evidence was suitable for jury to consider and that trial judge’s directions addressed safety-care-plan references. has dismissed laurence carthy’s his causing harm, upholding entered in n

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Courts Service · 2019-03-29 · courts

High Court applies environmental costs rules to all grounds in Galway housing challenge

high court applies environmental costs rules to all grounds in galway housing challenge the declared that section 50b governs across judicial review, while leaving any final decision trial judge. [2019] iehc 186 has special apply a review challenging permission for 197-home development at trusky eas

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Courts Service · 2019-03-29 · courts

Court of Appeal rejects family reunification appeals by naturalised Irish citizens

court of appeal rejects family reunification appeals by naturalised irish citizens the held that acquiring citizenship ends refugee status under refugees act 1996, but allowed one appellant’s challenge to treatment a separate 2015 issue. [2019] ieca 116 has dismissed most two who sought use rights b

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Courts Service · 2019-03-29 · courts

High Court orders safeguards for records in IPB appeal

high court orders safeguards for records in ipb appeal the declined, at this stage, to direct a private hearing of insurance’s over an information commissioner decision, but ordered protections documents that may be discussed. [2019] iehc 428 has protect expected feature legal submissions by insuran

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Courts Service · 2019-03-29 · courts

High Court refuses nullity petition over 1995 marriage

high court refuses nullity petition over 1995 marriage the found insufficient evidence of duress or incapacity to overcome presumption in favour marriage’s validity. [2019] iehc 246 has refused a woman’s have her declared null and void, finding there was no sustainable that she had been forced marry

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Courts Service · 2019-03-29 · courts

High Court grants AIB €833,289.60 summary judgment against second defendant

high court grants aib €833,289.60 summary judgment against second defendant the rejected defendant’s service, limitation and alleged release-agreement defences found no fair or reasonable probability of a bona fide defence. [2019] iehc 197 granted allied irish banks plc for raymond mccarthy in respe

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Courts Service · 2019-03-29 · courts

High Court refuses surrender over Polish stadium disorder conviction, orders surrender for robbery sentence

high court refuses surrender over polish stadium disorder conviction, orders for robbery sentence the found information about a man’s individual conduct at football did not establish correspondence with an irish offence. it ordered his to poland serve remaining term separate conviction. [2019] iehc

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Courts Service · 2019-03-29 · courts

High Court awards €77,000 over Drogheda land trespass by council

high court awards €77,000 over drogheda land trespass by council the found that a council’s road and sewer works trespassed on eustace family from 2001 to 2010, but dismissed their claim of misfeasance in public office. [2019] iehc 455 awarded €65,000 compensatory damages €12,000 aggravated after fi

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Courts Service · 2019-03-29 · courts

Court of Appeal dismisses appeal against nine-year sentence for child sexual abuse

court of appeal dismisses against nine-year sentence for child sexual abuse the said reflected serious offending two boys over several years, with due allowance mitigation. has dismissed an by a man identified as p k severity prison offences boys. concerned sentences imposed dublin circuit criminal

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Courts Service · 2019-03-28 · courts

Court of Appeal dismisses quarry company’s bid to change land registry boundaries

court of appeal dismisses quarry company’s bid to change land registry boundaries the found no basis conclude that disputed map error originated in registry, a requirement for rectification under section 32. [2019] ieca 89 has dismissed tullagower quarries limited’s seeking recorded transferred laga

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Courts Service · 2019-03-28 · courts

Court of Appeal rejects Ruth Moram’s appeal over struck-out personal injury claim

court of appeal rejects ruth moram’s over struck-out personal injury claim the held that 2016 proceedings repeated claims already dealt with in earlier litigation and upheld an order requiring moram to obtain leave before bringing further against defendants. [2019] ieca 90 has refused striking out h

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Courts Service · 2019-03-28 · courts

Supreme Court upholds Ulster Bank’s appointment of receiver

supreme court upholds ulster bank’s appointment of receiver the dismissed an appeal over whether a witnessed, unsealed deed complied with mortgage terms and legislation. by charles mcguinness noel mulligan, concluding that bank ireland limited validly appointed david o’connor as charged property. di

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Courts Service · 2019-03-28 · courts

High Court rejects prisoner’s challenge to transfer from Shelton Abbey

high court rejects prisoner’s challenge to transfer from shelton abbey the found wheatfield prison was a reasonable response concerns about condition and abbey’s limited medical cover. [2019] iehc 426 has rejected judicial review his prison, finding move operational health welfare. in judgment deliv

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Courts Service · 2019-03-28 · courts

Supreme Court orders rehearing of €300,000 dispute over Easiwrap investment

supreme court orders rehearing of €300,000 dispute over easiwrap investment the set aside high order after finding that trial judge had wrongly limited evidence considered when deciding what parties agreed in july 2008. [2019] iesc 000 has a whether damien stapleton’s payment to philip doran 2008 wa

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Courts Service · 2019-03-28 · courts

Court of Appeal dismisses challenge to Flat 8 drug-search warrant

court of appeal dismisses challenge to flat 8 drug-search warrant the upheld trial judge’s ruling that was validly issued after garda evidence and oral information issuing judge about a move between flats. dismissed john theaddus’s against his conviction, rejecting search for 8, 190 south circular r

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Courts Service · 2019-03-28 · courts

High Court rules judge should have recused herself from casino company trial

high court rules judge should have recused herself from casino company trial the found an objective basis for concern after same district had convicted a director on identical charges that were later brought against company. [2019] iehc 429 has ruled hearing alcohol licensing prosecution midnight en

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Courts Service · 2019-03-28 · courts

High Court finds harassment hearing unfair after witness evidence changed on recall

high court finds harassment hearing unfair after witness evidence changed on recall the ruled that hugh o’brien could not challenge all of a prosecution witness’s being removed from district hearing. it found unlawful and said would hear counsel orders to make. [2019] iehc 415 has which convicted ei

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Courts Service · 2019-03-28 · courts

High Court rejects Castlecomer tenant’s claim to agreed site; statutory tenancy issue remains

high court rejects castlecomer tenant’s claim to agreed site; statutory tenancy issue remains the dismissed alleged agreement for a €30,000 site transfer, but left potential rights under 1980 act legal submissions. [2019] iehc 192 on circuit; circuit appeal, south eastern circuit, county of kilkenny

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Courts Service · 2019-03-28 · courts

High Court rejects challenge to District Court’s placement direction for two children

high court rejects challenge to district court’s placement direction for two children the held that had power under section 47 of child care act 1991 direct where in interim should stay, but said be used rarely and with considerable caution. [2019] iehc 397 has refused family agency’s application qu

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Courts Service · 2019-03-28 · courts

High Court upholds possession order against Wicklow couple, with four-month stay

high court upholds possession order against wicklow couple, with four-month stay the rejected couple’s appeal arguments, including claims about unfair mortgage terms and proportionality, granted a further four months before could take effect. [2019] iehc 184 has upheld for family home after rejectin

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Courts Service · 2019-03-27 · courts

Appeal court sends entire AIB loan claim for €3.8m to plenary hearing

appeal court sends entire aib loan claim for €3.8m to plenary hearing the of admitted new evidence about how €848,783 in sale proceeds and deposit funds were applied, allowing borrower pursue an arguable counterclaim equitable set-off across five facilities. [2019] ieca 118 has set aside a high orde

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Courts Service · 2019-03-27 · courts

High Court grants AIB summary judgment on €2.18m guarantee against Corkery estate

high court grants aib summary judgment on €2.18m guarantee against corkery estate the ruled that had not shown a fair or reasonable probability of defence to aib’s claim. its decision concerned application personal representative; related proceedings other guarantors remained ongoing were under appe

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Courts Service · 2019-03-27 · courts

High Court dismisses challenge to concurrent assault trial on procedural grounds

high court dismisses challenge to concurrent assault trial on procedural grounds the ruled that danny wyatt could not rely in judicial review three alleged disadvantages omitted from which he had been granted leave. [2019] iehc 207 dismissed wyatt’s decision try him alongside another defendant separ

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Courts Service · 2019-03-27 · courts

Court of Appeal overturns Dunnes Stores worker’s injury award

court of appeal overturns dunnes stores worker’s injury award the allowed retailer’s appeal, finding evidence did not support trial judge’s conclusion that a staff member left wrapper on floor or store breached its duties. [2019] ieca 115 has overturned personal to employee who slipped in rathmines

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Courts Service · 2019-03-27 · courts

High Court finds home sale contract enforceable, but adjourns final order

high court finds home sale contract enforceable, but adjourns final order the rejected seller’s defences to a claim for specific performance, while leaving terms of any later hearing. [2019] iehc 182 found that written in kilsallaghan, co dublin, was rejecting claims it involved an illegal cash paym

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Courts Service · 2019-03-26 · courts

Court of Appeal dismisses appeal in sexual assault case

court of appeal dismisses in sexual assault case the found no error trial judge’s refusal to give a corroboration warning, admission injury photographs or handling forensic testing argument. has dismissed an by man convicted sexually assaulting woman at her home on 29 august 2011. it jury warning ab

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Courts Service · 2019-03-26 · courts

High Court allows bank to add affidavit about disputed name error

high court allows bank to add affidavit about disputed name error the ruling permits additional evidence on a preliminary basis in an application amend plaintiff’s name. it does not decide that or defendant’s separate delay motion. [2019] iehc 476 has allowed irish corporation limited (in special li

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Courts Service · 2019-03-26 · courts

Teenager jailed for 14 months over fatal Waterford crash

teenager jailed for 14 months over fatal waterford crash a circuit court judge imposed concurrent prison terms three careless-driving convictions and disqualified edward o’shea from driving six years. he had pleaded guilty to unaccompanied on learner permit was fined €800 that offence. [2019] iecc 1

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Courts Service · 2019-03-26 · courts

High Court suspends solicitor after admitted client-money misconduct

high court suspends solicitor after admitted client-money misconduct the rejected disciplinary tribunal’s recommendation to strike thomas d’alton off, instead ordering a suspension until april 2020 and seven years of practice conditions. [2019] iehc 177 suspended from roll solicitors 1 he profession

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Courts Service · 2019-03-25 · courts

High Court refers labour-market access dispute for EU court ruling

high court refers labour-market access dispute for eu ruling the referred five questions about dublin transfer applicants’ right to work cjeu and requested expedited handling. it did not decide whether either applicant was entitled access. [2019] iehc 176 has of justice european union (cjeu) in a ov

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Courts Service · 2019-03-25 · courts

Court of Appeal dismisses brothers’ sentence appeals, cuts one sentence to six months

court of appeal dismisses brothers’ sentence appeals, cuts one to six months the found both circuit sentences within available range, but replaced patrick doyle’s two-year for a section 2 assault with six-month statutory maximum. dismissed linked appeals by michael doyle and against severity imposed

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Courts Service · 2019-03-25 · courts

Court of Appeal allows Dunnes Stores appeal over freezer-room injury

court of appeal allows dunnes stores over freezer-room injury the held trial judge had not properly assessed employee’s training, obvious hazard and employer’s safety duties. it said claim should have been dismissed, but reserved question repayment sums paid pending appeal. [2019] ieca 88 has allowe

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Courts Service · 2019-03-25 · courts

High Court confirms radiographer’s registration cancellation and 18-month restoration ban

high court confirms radiographer’s registration cancellation and 18-month restoration ban the order followed a professional conduct inquiry decisions by radiographer board council. respondent had not appealed those decisions. [2019] iehc 267 confirmed of kashimbu musonda’s barred her from applying f

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Courts Service · 2019-03-25 · courts

Court of Appeal upholds eight-year sentence for repeat money laundering

court of appeal upholds eight-year sentence for repeat money laundering the dismissed an against global sentence, finding it proportionate to three offences, including two committed while a suspended was in force. (criminal) has upheld prison imposed on paul carew money-laundering dismissing his sev

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Courts Service · 2019-03-25 · courts

Court of Appeal dismisses challenge to four-year robbery sentence

court of appeal dismisses challenge to four-year robbery sentence the found sentencing judge acted within his discretion in imposing four years’ imprisonment, with final 12 months suspended. has dismissed an against severity a imposed on paul o’driscoll for robbery. sentence, 23 november 2017, suspe

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Courts Service · 2019-03-23 · courts

High Court strikes out claims over solicitor’s affidavit as time-barred and protected by privilege

high court strikes out claims over solicitor’s affidavit as time-barred and protected by privilege the dismissed brought two self-represented plaintiffs, finding that their pleaded defamation, contract misrepresentation could not succeed. it did determine whether most of disputed statements were tru

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Courts Service · 2019-03-22 · courts

High Court strikes out Kevin Tracey’s claim against Courts Service

high court strikes out kevin tracey’s claim against courts service the ruled that was bound to fail, while limiting its decision and directing how future correspondence must be served. [2019] iehc 183 has struck proceedings service, finding his state body fail. ruling, delivered by mr justice robert

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Courts Service · 2019-03-22 · courts

Appeal court upholds €671,097 debt judgment but pauses enforcement for three months

appeal court upholds €671,097 debt judgment but pauses enforcement for three months the of found borrowers had not shown a defence to bank’s claim, ordered limited stay let them begin separate proceedings over funds they say are missing. upheld summary €671,097.14 in favour acc loan management again

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Courts Service · 2019-03-22 · courts

Court of Appeal dismisses defamation appeal and upholds restriction on further proceedings

court of appeal dismisses defamation and upholds restriction on further proceedings the refused an extension one-year limitation period upheld order requiring appellant to obtain leave before bringing specified proceedings. [2019] ieca 86 has dismissed christian morris’s over rejection his claim aga

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Courts Service · 2019-03-22 · courts

Court of Appeal dismisses challenge to hotel costs instalment orders

court of appeal dismisses challenge to hotel costs instalment orders the upheld high court’s decision strike out christian morris’s claim, finding it disclosed no reasonable cause action and amounted a collateral attack on existing district orders. [2019] ieca 85 has dismissed against striking his c

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Courts Service · 2019-03-22 · courts

Court refuses late appeal bid by man serving 11-year sentence

court refuses late appeal bid by man serving 11-year sentence the of refused to extend deadline for timothy o’sullivan severity his sentence, finding little prospect a successful appeal. has an application time appealing prison rape and sexual assault offences against two teenage boys. ex tempore ju

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Courts Service · 2019-03-22 · courts

High Court dismisses mussel companies’ claims over Northern Ireland vessels’ fishing

high court dismisses mussel companies’ claims over northern ireland vessels’ fishing the found that registered boats had unlawfully fished seed in irish territorial waters, but plaintiffs did not establish a legal basis or evidence sufficient to award them damages. [2019] iehc 416 dismissed an actio

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Courts Service · 2019-03-22 · courts

Court of Appeal dismisses hotel director’s appeal over continuing undertakings

court of appeal dismisses hotel director’s over continuing undertakings the upheld striking out christian morris’s motion after he agreed in high to its dismissal. his stay away from two hotels and avoid contact with them remain place unless varied by court. [2019] ieca 84 has dismissed against a or

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Courts Service · 2019-03-22 · courts

High Court dismisses challenge to refusal of protection-process re-entry

high court dismisses challenge to refusal of protection-process re-entry the held that applicant had not shown he was unable, through no fault his own, raise claimed risks in earlier protection application. [2019] iehc 179 has dismissed a judicial review by cameroonian national tribunal decision ref

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Courts Service · 2019-03-21 · courts

Court of Appeal orders retrial after motocross non-suit compromised injury claim

court of appeal orders retrial after motocross non-suit compromised injury claim the found high should have deferred its decision to dismiss one defendant until all evidence had been heard. it allowed and sent case back for retrial. [2019] ieca 82 appeal; underlying proceedings in has an by stephen

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Courts Service · 2019-03-21 · courts

High Court rejects Hirar’s defence to AIB summary judgment application

high court rejects hirar’s defence to aib summary judgment application the found no fair or reasonable probability of a bona fide based on an alleged agreement support hostel project. it said would hear counsel terms orders. [2019] iehc 191 rejected hirar properties limited’s allied irish banks plc’

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Courts Service · 2019-03-21 · courts

Supreme Court restores Brian Mohan’s challenge to election gender quota law

supreme court restores brian mohan’s challenge to election gender quota law the ruled that mohan had standing a funding rule linked candidate balance and sent case back high court. it did not decide whether is constitutional. has linking political party of its candidates, remitted his for full heari

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Courts Service · 2019-03-21 · courts

High Court seeks clarification before deciding Hungarian surrender warrant

high court seeks clarification before deciding hungarian surrender warrant the rejected several objections to but said it could not decide whether should proceed until hungary clarified sentences, offence classifications and retrial guarantee. [2019] iehc 378 has sought further information from auth

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Courts Service · 2019-03-21 · courts

Court of Appeal dismisses murder conviction appeal

court of appeal dismisses murder conviction the rejected four challenges to admission interview and other evidence, said none caused it doubt trial’s fairness or safety verdict. has dismissed andrejs krauze’s against his for juris buls, finding no reason trial a unanimous jury in central criminal co

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Courts Service · 2019-03-20 · courts

High Court seeks further information before deciding Romanian surrender request

high court seeks further information before deciding romanian surrender request the rejected objections concerning offence correspondence, prison conditions and personal rights, but left application unresolved pending on two trial-in-absence issues. [2019] iehc 250 has not yet decided whether cornel

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Courts Service · 2019-03-20 · courts

High Court grants summary judgment on two loan facilities, seeks more evidence on overdraft

high court grants summary judgment on two loan facilities, seeks more evidence overdraft promontoria succeeded facilities b and c related interest, but the deferred deciding what principal, if any, was due facility a. [2019] iehc 463 court, commercial has concluded that (finn) limited is entitled to

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Courts Service · 2019-03-20 · courts

Supreme Court upholds minister’s decision to extradite Eric Marques to US

supreme court upholds minister’s decision to extradite eric marques us the ruled that minister could refuse extradition but did not have seek dpp’s reasons for declining prosecution in ireland. it found adequate circumstances. [2019] iesc 000 of ireland has upheld high and appeal decisions refusing

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Courts Service · 2019-03-20 · courts

Court of Appeal upholds ruling on disputed Kildare property boundary

court of appeal upholds ruling on disputed kildare property boundary the dismissed a developer’s appeal, affirmed orders correcting land registry map and upheld damages for trespass intimidation. [2019] ieca 87 has oakley park developments ltd.’s over dispute with sean pauline abraham, affirming hig

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Courts Service · 2019-03-20 · courts

Court of Appeal restores landlord’s €189,736.80 rent claim against solicitor

court of appeal restores landlord’s €189,736.80 rent claim against solicitor the found that a tenant had not surrendered his long-term lease when company connected to thomas kennedy occupied premises under sublease. disputes with and a.t. uniform remain for high court. [2019] ieca 83 has allowed dir

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Courts Service · 2019-03-20 · courts

Hospital found negligent over patient’s care after pacemaker removal

hospital found negligent over patient’s care after pacemaker removal the high court no negligence in decision not to fit a temporary pacing wire, but ruled that patient should have been kept bed and supervised when mobilising. [2019] iehc 172 st james’s was postoperative of who fainted struck her he

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Courts Service · 2019-03-20 · courts

Appeal court awards family costs after housing case became moot

appeal court awards family costs after housing case became moot the of said council had to pay family’s high because it provided accommodation and offered no evidence support its claim that external policy changes explained timing. [2019] ieca 81 has allowed an over in a judicial review received sui

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Courts Service · 2019-03-20 · courts

Supreme Court restores challenge to WRC adjudication scheme

supreme court restores challenge to wrc adjudication scheme the ruled that a worker could continue constitutional after his original decision was quashed and claims were sent back for new hearing. has allowed an appeal by tomasz zalewski, restoring provisions governing workplace relations commission

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Courts Service · 2019-03-20 · courts

Court of Appeal dismisses challenge to €6.36m interim payment order

court of appeal dismisses challenge to €6.36m interim payment order the upheld summary judgment for kellys fantane (concrete) limited on a conciliator’s recommendation, while leaving underlying arbitration unresolved. [2019] ieca 98 has dismissed an by somague engenharia sociedad anonima, trading as

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Courts Service · 2019-03-19 · courts

High Court refuses challenge over Defence Forces enlistment refusal

high court refuses challenge over defence forces enlistment refusal the found minister’s january 2018 letter was not a decision and that applicant had shown grounds to extend time military’s 2017 refusal. [2019] iehc 159 refused judicial review application by ajk, pakistani national with subsidiary

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Courts Service · 2019-03-19 · courts

Court of Appeal imposes custodial sentence for syringe threat at St James’s Hospital

court of appeal imposes custodial sentence for syringe threat at st james’s hospital the resentenced john kerrigan after finding that his original fully suspended four-year term was unduly lenient. it imposed a headline sentence, backdated to april 2017 and final year. on threatening security worker

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Courts Service · 2019-03-19 · courts

High Court refuses all relief in challenge to 2010 Circuit Court proceedings

high court refuses all relief in challenge to 2010 circuit proceedings the found that william fitzgerald had not proved he was committed for contempt and rejected his natural justice claims over witness attendance. it also excluded unofficial audio recordings a transcript. [2019] iehc 180 has refuse

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Courts Service · 2019-03-19 · courts

High Court rejects challenge to refusal of residence card for Pakistani applicant

high court rejects challenge to refusal of residence card for pakistani applicant the refused a judicial review brought by asad ali cheema, finding no breach fair procedures in minister’s decision refuse his application as permitted family member. [2019] iehc 155 has cheema’s minister justice and eq

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Courts Service · 2019-03-19 · courts

High Court refuses challenge to water meter obstruction conviction

high court refuses challenge to water meter obstruction conviction the rejected stephen bennett’s judicial review challenge, finding he lacked standing pursue constitutional claim and that district court’s ruling did not breach fair procedures. [2019] iehc 158 has refused all relief sought by bennet

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Courts Service · 2019-03-19 · courts

High Court confirms refusal to register charge over Wicklow lands

high court confirms refusal to register charge over wicklow lands the ruled that deceased owner’s personal representative had no identified statutory basis 2005 in these circumstances. [2019] iehc 157 has confirmed property registration authority’s a two land folios, finding provisions relied on by

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Courts Service · 2019-03-15 · courts

High Court refuses bid to challenge imminent Cavan trial

high court refuses bid to challenge imminent cavan trial the refused permission under an existing isaac wunder order for joseph lavery seek judicial review aimed at stopping his trial, which was due begin on 19 march 2019. [2019] iehc 190 has bring a application seeking prohibit start in circuit mr

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Courts Service · 2019-03-15 · courts

High Court orders limited disclosure of redacted loan sale documents to borrower

high court orders limited disclosure of redacted loan sale documents to borrower the found relevant eileen courtney’s pleaded claims and ordered less-redacted copies, with safeguards for third-party privacy commercial information. it did not decide merits those claims. [2019] iehc 160 court, has ocm

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Courts Service · 2019-03-15 · courts

High Court dismisses third challenge to Polish man’s removal and exclusion orders

high court dismisses third challenge to polish man’s removal and exclusion orders the refused a cjeu referral, dismissed judicial review released state from an undertaking not remove applicant. it did decide fresh ministerial was required. [2019] iehc 178 has for of citizen, him while case pending.

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Courts Service · 2019-03-15 · courts

High Court refuses borrower leave to defend Bank of Ireland mortgage debt claim

high court refuses borrower leave to defend bank of ireland mortgage debt claim the found no arguable defence bank’s summary proceedings against one two joint borrowers and said did not have enforce its property security first. [2019] iehc 169 has refused michael neary for money owed under a loan. r

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Courts Service · 2019-03-15 · courts

High Court says District Court cannot dismiss proved speeding charge over lack of fixed-charge notice

high court says district cannot dismiss proved speeding charge over lack of fixed-charge notice answering a consultative case stated, the ruled that actual penalty does not give discretion to prosecution after finding allegation proved. [2019] iehc 174 has judge proved, even if satisfied accused did

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Courts Service · 2019-03-15 · courts

High Court orders nursing home defendants to pay costs of dismissed nurse’s injunction motion

high court orders nursing home defendants to pay costs of dismissed nurse’s injunction motion the said defendants’ agreement hold an appeal made application moot, but did not dispose wider action or its damages claim. [2019] iehc 156 ordered in a former employment case her for interlocutory injuncti

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Courts Service · 2019-03-15 · courts

High Court restrains prosecution after appeal confusion and later acquittal

high court restrains prosecution after appeal confusion and later acquittal the found that allowing two road traffic prosecutions to continue would be constitutionally unfair, where underlying disqualification order had been set aside state solicitor’s office contributed about date. [2019] iehc 171

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Courts Service · 2019-03-15 · courts

High Court rejects bid to reopen separation settlement after home sale yielded no surplus

high court rejects bid to reopen separation settlement after home sale yielded no surplus the dismissed applicant’s request for a lump sum, finding that failed expectation of proceeds from former family did not amount change in circumstances under section 18. [2019] iehc 198 has an application vary

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Courts Service · 2019-03-15 · courts

High Court quashes valuation ruling on broadband infrastructure and orders reconsideration

high court quashes valuation ruling on broadband infrastructure and orders reconsideration the set aside tribunal’s 2017 decision rates for metropolitan area networks, ordered a differently constituted division to reconsider appeals, awarded costs commissioner of valuation. [2019] iehc 170 has tribu

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Courts Service · 2019-03-15 · courts

High Court quashes part of protection appeal decision over test for past persecution

high court quashes part of protection appeal decision over test for past persecution the found tribunal had asked wrong question about whether a nigerian applicant’s gave compelling reasons refugee status, and sent matter back to same member. [2019] iehc 204 has quashed an international appeals conc

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Courts Service · 2019-03-14 · courts

High Court quashes refusal to extend appeal time after applicant was denied chance to reply

high court quashes refusal to extend appeal time after applicant was denied chance reply the found that a circuit judge should have heard applicant’s response prosecution submissions made on morning judgment due. it rejected allegation of bias. [2019] iehc 399 quashed part order refusing natasha rog

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Courts Service · 2019-03-14 · courts

High Court rejects damages claims over quashed robbery conviction and appeal delay

high court rejects damages claims over quashed robbery conviction and appeal delay the found no basis for miscarriage of justice, held did not breach right to an expeditious trial, rejected claim under european convention on human rights act. [2019] iehc 782 has michael o’callaghan’s a that was late

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Courts Service · 2019-03-14 · courts

High Court quashes refusal to refer vehicle dispute to arbitration

high court quashes refusal to refer vehicle dispute arbitration the circuit must reconsider application under statutory test. did not itself order arbitration. [2019] iehc 161 has quashed a refusing stay and it arbitration, finding that apply required legal sent back for fresh determination extended

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Courts Service · 2019-03-14 · courts

High Court takes no further action against lawyers over immigration judicial review

high court takes no further action against lawyers over immigration judicial review the found serious failures in preparation and presentation of an urgent application, but said equality before law required it to take solicitor or junior counsel this case. [2019] iehc 154 has taken a following inqui

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Courts Service · 2019-03-12 · courts

High Court rejects forgery and corruption claims in Russian judgment enforcement case

high court rejects forgery and corruption claims in russian judgment enforcement case the found defendant had not proved that disputed signatures were forged or there was process, granted plaintiff summary for $1,432,324. [2019] iehc 240 {'name': 'high court', 'country': 'ireland'} of $1,432,324 to

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Courts Service · 2019-03-12 · courts

High Court orders discovery in Word Perfect procurement challenge

high court orders discovery in word perfect procurement challenge the directed minister to disclose documents about a disputed translation-services tender, while limiting must provide on its past tenders. [2019] iehc 153 has ordered for public expenditure and reform tender evaluation judicial review

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Courts Service · 2019-03-12 · courts

High Court allows vet’s appeal in horse purchase case

high court allows vet’s appeal in horse purchase case the found alleged spinal abnormalities did not cause horse’s injuries and held that pre-purchase examination was neither negligent nor breach of contract. [2019] iehc 430 allowed a veterinary surgeon’s discharged circuit order over examination. m

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Courts Service · 2019-03-12 · courts

High Court grants AIB summary judgment against Joanna Sloan

high court grants aib summary judgment against joanna sloan the rejected defences raised to bank’s claim, including arguments about loan signature, legal advice, limitation and an earlier compromise involving other borrowers. [2019] iehc 270 granted allied irish banks plc sloan, finding she had not

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Courts Service · 2019-03-12 · courts

High Court rules hotel operator can set off security firm debt against indemnity claims

high court rules hotel operator can set off security firm debt against indemnity claims the found estimated value of four pending personal injury exceeded a €51,435.78 debt, but left precise order for later submissions. [2019] iehc 152 has ruled that triglen holdings limited, trading as russell hote

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Courts Service · 2019-03-12 · courts

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

high court dismisses challenge to refusal revoke nigerian family’s deportation orders the rejected judicial review of a september 2018 decision, and released minister from an undertaking not deport them. [2019] iehc 175 dismissed for justice equality’s their orders, in judgment delivered on 12 march

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Courts Service · 2019-03-08 · courts

Court of Appeal dismisses Michael Power’s challenge to conviction

court of appeal dismisses michael power’s challenge to conviction the rejected three remaining grounds appeal, including objections garda cctv recognition evidence and an accidental in-court identification. it said trial judge’s direction addressed latter evidence. has dismissed against his for assa

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Courts Service · 2019-03-08 · courts

High Court postpones vetting notification until first Court of Appeal directions hearing

high court postpones vetting notification until first of appeal directions hearing the dismissed a teacher’s action against teaching council and ordered him to pay its costs. it temporarily restrained proposed national bureau while allowing time for process begin. [2019] iehc 148 {'name': 'high cour

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Courts Service · 2019-03-08 · courts

High Court makes no costs order after Revenue staffing judicial review becomes moot

high court makes no costs order after revenue staffing judicial review becomes moot the found proceedings were by time argument was heard, but probably not when hearing could have gone ahead. it made as to costs. [2019] iehc 147 a about vacant legal executive posts in solicitor’s division became moo

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Courts Service · 2019-03-08 · courts

High Court quashes Circuit Court order for report in access dispute

high court quashes circuit order for report in access dispute the extended time a judicial review and found lacked jurisdiction to welfare an appeal that was not properly before it. [2019] iehc 413 f.n.’s granted her requested relief, holding dublin family judgment delivered on 8 march 2019, mr just

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Courts Service · 2019-03-08 · courts

Supreme Court orders Quinn to give more detail in €800m audit negligence case

supreme court orders quinn to give more detail in €800m audit negligence case the restored a high order requiring insurance explain why it says its technical provisions were understated, while allowing say when had not calculated financial effect of each reason. has ordered limited, which is under a

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Courts Service · 2019-03-08 · courts

Council’s response to judicial review made caravan loan case moot, High Court rules

council’s response to judicial review made caravan loan case moot, high court rules the awarded stokes family costs of their ex parte application for leave seek review, without deciding underlying dispute. [2019] iehc 149 applicants after south dublin county proceedings moot. did not decide whether

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Courts Service · 2019-03-07 · courts

High Court refuses challenge to Laois family home possession order

high court refuses challenge to laois family home possession order mr justice mcdermott found the county registrar should have reviewed mortgage terms for unfairness, but refused quash because he was not satisfied that doing so could benefit applicants. [2019] iehc 185 has a married couple’s judicia

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Courts Service · 2019-03-07 · courts

High Court orders surrender on two Northern Ireland arrest warrants

high court orders surrender on two northern ireland arrest warrants the rejected objections to surrender, finding no abuse of process and bar under european warrant act. [2019] iehc 168 has ordered paul james john joseph johnston’s warrants: one seeking balance a life sentence for murder other his r

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Courts Service · 2019-03-07 · courts

Court of Appeal dismisses appeal against sentence for child defilement

court of appeal dismisses against sentence for child defilement the found no error principle in three-year prison sentence, citing seriousness offences and significant aggravating factors. has dismissed david hoban’s severity a defilement, finding that did not involve an principle. hoban pleaded gui

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Courts Service · 2019-03-07 · courts

Court of Appeal dismisses challenge to eight-year sentence for firearm and explosives offences

court of appeal dismisses challenge to eight-year sentence for firearm and explosives offences the found fell within available range dismissed against its severity. has stephen hendrick’s severity an prison possessing a explosives. it concluded was that no error principle had been shown. concerned s

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Courts Service · 2019-03-07 · courts

High Court refuses Anne Kelly’s bid to undo 2015 liquidator order

high court refuses anne kelly’s bid to undo 2015 liquidator order the said her challenges correction of an earlier had be pursued by appeal; it refused all 15 reliefs she sought. [2019] iehc 143 has application set aside or revise a that corrected statutory basis for replacing nehaal singh as kelly

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Courts Service · 2019-03-07 · courts

Court of Appeal dismisses challenge to prisoner's remand in custody

court of appeal dismisses challenge to prisoner's remand in custody the rejected an seeking release under article 40, finding no basis treat circuit as a fundamental denial justice. [2019] ieca 70 has dismissed andrew o’neill’s against high decision refusing order his from 40 constitution. concerned

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Courts Service · 2019-03-07 · courts

Court of Appeal quashes sexual assault convictions after ruling defence should have been allowed to correct closing speech

court of appeal quashes sexual assault convictions after ruling defence should have been allowed to correct closing speech the found that a serious error about complainant’s first account could addressed by reopening speech. it rejected two other grounds and did not order retrial in judgment provide

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Courts Service · 2019-03-07 · courts

Appeal court sets aside 50% High Court costs award in moot mental health case

appeal court sets aside 50% high costs award in moot mental health case the of ruled that individual circumstances did not justify ordering clinical director central hospital to pay half m.c.’s costs. it made no order against her and left for a later hearing. [2019] ieca 44 has set an requiring (cmh

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Courts Service · 2019-03-06 · courts

Court of Appeal allows Minister’s challenge over release of enet broadband contract

court of appeal allows minister’s challenge over release enet broadband contract the found legal errors in information commissioner’s reasoning, including a requirement that disclosure would have to totally undermine enet’s business. it did not decide whether should ultimately be released. [2019] ie

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Courts Service · 2019-03-06 · courts

High Court orders removal of three aircraft registry entries, defers restraint decision

high court orders removal of three aircraft registry entries, defers restraint decision the found no basis for registrations made against a unicredit-owned and its engines. it directed their removal, with registrar to act if registrant failed comply within 48 hours. separate request prevent future r

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Courts Service · 2019-03-06 · courts

High Court allows guarantors to join borrower in bank proceedings, subject to stay

high court allows guarantors to join borrower in bank proceedings, subject stay the permitted a third-party claim for contribution or indemnity while keeping bank’s pending summary judgment application free from interruption. it did not decide whether owes money. [2019] iehc 151 has allowed two as t

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Courts Service · 2019-03-05 · courts

High Court permits most discovery requests in dispute over Nemo Rangers grounds

high court permits most discovery requests in dispute over nemo rangers grounds a judgment on competing claims to the cork property allowed several categories but rejected others. said it would hear counsel before finalising orders. [2019] iehc 166 court, commercial has permitted of ownership and fi

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Courts Service · 2019-03-05 · courts

High Court dismisses challenge to refusal of protection claims

high court dismisses challenge to refusal of protection claims the rejected an applicant’s tribunal’s assessment his nationality and its decision not make further enquiries about a passport. [2019] iehc 145 has dismissed judicial review international appeals for refugee status subsidiary protection.

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Courts Service · 2019-03-05 · courts

High Court awards Profi Welders costs and refuses stay pending possible appeal

high court awards profi welders costs and refuses stay pending possible appeal the ordered of both hearings in welders’ favour declined r&r mechanical’s request to suspend its orders while a was considered. [2019] iehc 135 has awarded s.r.o. plenary hearing an earlier summary hearing, refused mechan

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Courts Service · 2019-03-05 · courts

High Court refuses Nadeem’s bid to give oral evidence in deportation-related judicial review

high court refuses nadeem’s bid to give oral evidence in deportation-related judicial review the ruled that proposed fell outside grounds on which leave for had been granted. it said would proceed decide remaining substantive issues. [2019] iehc 134 refused an application by muhammad nadeem his of a

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Courts Service · 2019-03-05 · courts

Supreme Court dismisses O’Brien appeal over Dáil committee’s handling of complaint

supreme court dismisses o’brien appeal over dáil committee’s handling of complaint the held that reviewing decision would indirectly challenge statements made in dáil. it dismissed appeal, leaving broader questions about a possible exception undecided. has denis o’brien’s against high his to dáil’s

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Courts Service · 2019-03-05 · courts

High Court refuses Dhanwantee Bundhooa leave to appeal immigration decision

high court refuses dhanwantee bundhooa leave to appeal immigration decision the found that neither proposed point raised an issue arising from earlier judgment or a of law exceptional public importance. [2019] iehc 132 has refused concerning application renew extend expired permission. in delivered

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Courts Service · 2019-03-05 · courts

High Court rules father missed deadline to seek Irish custody hearing after Greece non-return decision

high court rules father missed deadline to seek irish custody hearing after greece non-return decision the held that received enough documents on 9 august 2018 start three-month period under article 11 of brussels ii regulation. he made no submission or motion before it expired. [2019] iehc 238 rule

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Courts Service · 2019-03-05 · courts

High Court orders inspection of nine documents in Promontoria proceedings

high court orders inspection of nine documents in promontoria proceedings the granted (aran) limited’s application for known to exist and relied on a defendants’ affidavit, but did not order other requested materials. [2019] iehc 136 has ordered john archbold gerry walsh allow defence affidavit brou

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Courts Service · 2019-03-05 · courts

High Court judgment on Dublin accommodation challenge is incomplete in supplied copy

high court judgment on dublin accommodation challenge is incomplete in supplied copy the two-page text records a involving mother and child seeking international protection, but its damaged fragmentary ending does not reveal court’s precise decision. 2018 no. 882 jr delivered 5 march 2019 concerned

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Courts Service · 2019-03-05 · courts

Court of Appeal cuts Cork drug sentence from 10 years to seven

court of appeal cuts cork drug sentence from 10 years to seven the quashed a for possession drugs supply after finding that two-year reduction guilty plea and admissions was an error in principle. it resentenced appellant years, with final six months suspended. has reduced farid fawzi’s possessing c

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Courts Service · 2019-03-05 · courts

High Court refuses challenge to naturalisation refusal over driving offences

high court refuses challenge to naturalisation refusal over driving offences the found no basis disturb minister’s decision that irfan talla did not meet good-character requirement, while noting any future application would be assessed on its circumstances at time. [2019] iehc 129 has refused all re

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Courts Service · 2019-03-05 · courts

High Court awards costs to KPW after examinations contract case became moot

high court awards costs to kpw after examinations contract case became moot the said state commission’s decision not award made proceedings and ordered in kpw’s favour. [2019] iehc 141 favour of business forms limited, trading as print management, a challenge concerning operate ireland’s second-leve

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Courts Service · 2019-03-04 · courts

Mars Capital ordered to pay costs after losing insolvency appeal issue

mars capital ordered to pay costs after losing insolvency appeal issue the high court awarded a personal practitioner ruling that ireland no. 2 dac must of an concerning timing section 115a application. practitioner’s for written submissions were excluded because they filed late. [2019] iehc 137 has

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Courts Service · 2019-03-04 · courts

Court of Appeal dismisses Wayne O’Dwyer’s appeal against seven-year robbery sentence

court of appeal dismisses wayne o’dwyer’s against seven-year robbery sentence the rejected challenges to sentencing judge’s methodology and claim that was an excessive example aimed at carrick-on-suir. three years had been suspended. has dismissed severity a imposed for 2016 shop in included suspens

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Courts Service · 2019-03-04 · courts

Court of Appeal bars extra solicitor attendance fees in costs assessment

court of appeal bars extra solicitor attendance fees in costs assessment the allowed longford westmeath farmers mart limited’s and sent instruction fee back for reassessment, excluding an added sum days case was not reached. [2019] ieca 60 has ruled that a solicitor’s when listed but reached could b

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Courts Service · 2019-03-04 · courts

High Court orders Declan Duffy’s surrender to UK under European Arrest Warrant

high court orders declan duffy’s surrender to uk under european arrest warrant the rejected objections concerning enforceability of his life sentence, release rules, alleged oppression and brexit. it ordered 2003 act. [2019] iehc 127 has derek united kingdom a warrant, rejecting all request. order f

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Courts Service · 2019-03-04 · courts

Court of Appeal quashes sentence and reimposes four years for handling stolen kayaks

court of appeal quashes sentence and reimposes four years for handling stolen kayaks the identified sentencing errors, set a six-year headline sentence, then reduced it to with final year suspended. 180/2017 quashed four-year imposed on man who pleaded guilty property, substituted term delivered its

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Courts Service · 2019-03-04 · courts

High Court refuses challenge to refusal of permanent residence card

high court refuses challenge to refusal of permanent residence card the rejected ndubisi uche’s arguments against a review decision concerning his application under eu free movement regulations. [2019] iehc 130 has refused all relief sought by uche in minister for justice and equality card. judgment

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Courts Service · 2019-03-04 · courts

High Court quashes naturalisation decision over missing embassy letter

high court quashes naturalisation decision over missing embassy letter the ruled that minister had to consider all available evidence after applicant could not obtain an employment from where he worked. [2019] iehc 131 has quashed a deeming employee ineligible for finding did appear assess other sub

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Courts Service · 2019-03-04 · courts

High Court orders surrender over UK rape sentence imposed in absentia

high court orders surrender over uk rape sentence imposed in absentia the rejected challenges under irish law, finding that warrant showed respondent had been notified of trial, represented by counsel and waived his right to attend. [2019] iehc 126 ordered janis lipatovs’s united kingdom serve a fiv

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Courts Service · 2019-03-04 · courts

High Court approves personal insolvency arrangement on appeal

high court approves personal insolvency arrangement on appeal the allowed a debtor’s after finding statutory requirements for confirming his proposed were met, while reserving costs later submissions. [2019] iehc 138 has and confirmed (pia) debtor whose application had been refused by circuit court.

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Courts Service · 2019-03-04 · courts

Court of Appeal dismisses challenge to five-year drug sentence

court of appeal dismisses challenge to five-year drug sentence the found no error in a five years’ imprisonment, with final two years suspended, for offences involving drugs worth €15,225. [131/2018] has dismissed an against severity prison imposed on michal malecki offences. included suspension its

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Courts Service · 2019-03-01 · courts

Court of Appeal rejects both challenges to sentence for rape committed when parties were minors

court of appeal rejects both challenges to sentence for rape committed when parties were minors the dismissed accused’s against and director public prosecutions’ application review it as unduly lenient, leaving five-year term with its final two years suspended in place. [2019] ieca 65 has rejected a

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Courts Service · 2019-03-01 · courts

High Court says judgment mortgage cannot burden pension-scheme property held on trust

high court says judgment mortgage cannot burden pension-scheme property held on trust mr justice allen found caroline mcbride had no interest in a co louth apartment capable of being affected by personal mortgage. he said the plaintiffs were entitled to have register entry cancelled, subject any sub

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Courts Service · 2019-03-01 · courts

Court of Appeal dismisses challenge to four charity theft convictions

court of appeal dismisses challenge to four charity theft convictions the rejected all five grounds appeal, upholding and suspended three-year sentence. 90/2016 has dismissed john cornelius murphy’s against involving cheques totalling €18,643 from children lapland limited, a that organised trips for

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Courts Service · 2019-03-01 · courts

High Court rejects challenge to deportation order after Article 3 argument fails

high court rejects challenge to deportation order after article 3 argument fails the allowed an amendment judicial review grounds and extended time for application, but dismissed challenge, finding applicant had not raised case with minister met threshold one. [2019] iehc 144 has a that ethiopian ap

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Courts Service · 2019-03-01 · courts

High Court orders public hearing with anonymity protections in medical fitness case

high court orders public hearing with anonymity protections in medical fitness case the rejected a request to hear council’s intended sanction application private, but barred identifying doctor or patients. it said council could choose inform affected patients about findings and sanction. [2019] ieh

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Courts Service · 2019-03-01 · courts

High Court refuses Lithuanian surrender request after finding delay made it disproportionate

high court refuses lithuanian surrender request after finding delay made it disproportionate the upheld mantas vestartas’s objection under section 37, citing unexplained delays and effect would have on his family. later declined minister’s for leave to appeal. [2019] iehc 481 refused an order vestar

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Courts Service · 2019-03-01 · courts

High Court refuses challenge to legal aid decision after drunk-driving charge dismissed

high court refuses challenge to legal aid decision after drunk-driving charge dismissed the found district judge had properly considered applicant’s means and charge’s gravity before refusing a certificate. [2019] iehc 422 has refused woman’s application for judicial review of her certificate in cas

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Courts Service · 2019-03-01 · courts

High Court refuses John O’Donnell’s bid to join McElvaney judicial review

high court refuses john o’donnell’s bid to join mcelvaney judicial review the found o’donnell had an interest in case but would not be directly affected by its outcome, as required for joinder. [2019] iehc 128 has refused application hugh mcelvaney’s a notice party, finding he met legal test of bein

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Courts Service · 2019-03-01 · courts

High Court prohibits prosecution over decades-old sexual offence allegations

high court prohibits prosecution over decades-old sexual offence allegations the found a real risk that delay would prevent fair trial, citing deceased or unavailable witnesses and gaps in surviving witnesses’ recollections. [2019] iehc 107 has prohibited director of public prosecutions from further

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Courts Service · 2019-03-01 · courts

High Court orders surrender over 1972 Northern Ireland bombings

high court orders surrender over 1972 northern ireland bombings the rejected objections based on a 2007 assurance letter, delay, fair-trial concerns and personal circumstances, ordered for prosecution. [2019] iehc 119 has john downey’s to prosecution two alleged murders an explosives offence connect

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Courts Service · 2019-03-01 · courts

High Court proposes inspection of Galway lands in mortgage dispute

high court proposes inspection of galway lands in mortgage dispute the found a survey was necessary and proportionate to help resolve whether sought for possession were covered by mortgage. precise order costs remained be settled. [2019] iehc 108 has proposed an allowing carlisle mortgages limited n

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