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Courts Service · 2019-05-31 · courts

High Court adjourns wardship case after urging HSE to reconsider home care funding

high court adjourns wardship case after urging hse to reconsider home care funding the adopted a revised do-not-resuscitate direction for woman in permanent vegetative state, but postponed ruling on whether could be compelled fund her care. [2019] iehc 393 court, wards of adjourned about asking heal

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Courts Service · 2019-05-31 · courts

Supreme Court dismisses challenge over medical experts’ fees

supreme court dismisses challenge over medical experts’ fees the held that high and overnight transcripts did not, on evidence before it, establish experts lacked independence or make earlier trial unsatisfactory. has dismissed denis o’leary’s appeal in a negligence case, finding insufficient paid t

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Courts Service · 2019-05-31 · courts

High Court finds unfairness in refusal of Somali refugee’s family reunification application

high court finds unfairness in refusal of somali refugee’s family reunification application the held that minister unreasonably required applicant to establish formal guardianship, although she had sought rely on a looser form guardianship. it granted first two reliefs sought. [2019] iehc 402 has fo

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Courts Service · 2019-05-31 · courts

High Court allows asylum applicant to add challenge to transfer appeal rules

high court allows asylum applicant to add challenge transfer appeal rules the permitted an amendment judicial review grounds, allowing additional legal a rule on service of notices. it did not decide that or underlying review. [2019] iehc 377 has allowed pakistani amend his case deeming certain noti

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Courts Service · 2019-05-31 · courts

Court of Appeal rejects solicitors’ bid for security for costs

court of appeal rejects solicitors’ bid for security costs the dismissed an over a high refusal to require company suing professional negligence secure defendants’ costs. it addressed only threshold security, not whether occurred. [2019] ieca 154 has by firm and named partner against decision refusi

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Courts Service · 2019-05-31 · courts

High Court allows guarantee claim to proceed to a defence on two limited grounds

high court allows guarantee claim to proceed a defence on two limited grounds the declined grant summary judgment, finding arguable issues about an alleged promise release guarantor and amount of underlying debt. [2019] iehc 401 has given cathal boyle liberty defend by cabot asset purchases ireland

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Courts Service · 2019-05-31 · courts

High Court dismisses challenge to citizenship revocation law

high court dismisses challenge to citizenship revocation law the rejected a pre-emptive process for revoking naturalised citizen’s irish citizenship. it did not decide whether his should be revoked. [2019] iehc 444 has dismissed governing proposed of ali charaf damache’s citizenship, finding that ca

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Courts Service · 2019-05-31 · courts

Court of Appeal dismisses Michael Lynn’s challenge to assurances given to Brazil

court of appeal dismisses michael lynn’s challenge to assurances given brazil the rejected over about credit for time spent in brazilian custody and a 30-year limit. it upheld high court’s refusal judicial review did not decide whether had become moot. [2019] ieca 163 has dismissed against by irish

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Courts Service · 2019-05-31 · courts

Court of Appeal refuses late appeal application by man convicted of sexual offences

court of appeal refuses late application by man convicted sexual offences the found no ground with a realistic prospect success and declined to extend filing deadline, citing delay complainant’s circumstances. [240/2017] has refused faisal ellahi’s time for appealing his conviction sentence rape ass

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Courts Service · 2019-05-31 · courts

High Court refuses late appeal over Kildare family home possession order

high court refuses late appeal over kildare family home possession order the allowed bank of ireland’s against an extending time for david morrissey to a circuit order. [2019] iehc 398 has that gave extra his in county kildare. judgment delivered on 31 may 2019, mr justice michael macgrath set aside

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Courts Service · 2019-05-31 · courts

Supreme Court refuses to reopen Walsh judgment and orders remaining 10 days served

supreme court refuses to reopen walsh judgment and orders remaining 10 days served the made limited corrections clarifications its earlier judgment, rejected application set it aside, affirmed order for reissuance of a committal warrant. v. minister justice equality & anor [2019] iesc 15 has refused

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Courts Service · 2019-05-31 · courts

High Court grants possession of Cherryvalley house subject to buyer’s deposit-based interest

high court grants possession of cherryvalley house subject to buyer’s deposit-based interest the found kevin dunne had a beneficial proportionate €51,285 deposit recorded in sale contract, but rejected his claim further €70,000 reduction or full ownership. [2019] iehc 391 has ruled that receiver wil

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Courts Service · 2019-05-31 · courts

High Court upholds conditions on radiologist’s registration after CT reporting findings

high court upholds conditions on radiologist’s registration after ct reporting findings the rejected an appeal by dawar siddiqi, finding that medical council had proved poor professional performance and his continued were reasonable proportionate. [2019] iehc 686 has upheld imposed radiologist siddi

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Courts Service · 2019-05-31 · courts

Supreme Court quashes refusal of naturalisation application over reasons process

supreme court quashes refusal of naturalisation application over reasons process the said minister had not shown that withholding further impaired applicant’s entitlement only as far necessary to protect state interests. it remitted for a fresh decision after an enhanced process. has quashed justice

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Courts Service · 2019-05-31 · courts

Supreme Court quashes refusal of Iranian man’s naturalisation application over reasons withheld

supreme court quashes refusal of iranian man’s naturalisation application over reasons withheld the allowed an appeal because minister had not justified withholding further for refusing citizenship. it did grant citizenship or decide that more information must be disclosed. [s:ap:ie:2018:000074] ire

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Courts Service · 2019-05-31 · courts

Supreme Court dismisses Facebook appeal over data transfer reference

supreme court dismisses facebook appeal over data transfer reference the left high court’s findings in place, while stressing that eu alone will decide whether challenged rules are valid. has dismissed ireland limited’s against made by proceedings concerning of personal from european union to united

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Courts Service · 2019-05-31 · courts

High Court finds tribunal exceeded its powers but refuses to quash decision in employment dispute

high court finds tribunal exceeded its powers but refuses to quash decision in employment dispute the held that appeals acted ultra vires when it refused implement an unappealed rights commissioner recommendation against keegan quarries limited. declined judicial review relief, concluding granting c

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Courts Service · 2019-05-31 · courts

High Court awards plaintiffs 25% of costs after dismissing mussel-fishing claim

high court awards plaintiffs 25% of costs after dismissing mussel-fishing claim the said unsuccessful commercial was a proportionate response to unlawful mussel-seed fishing permitted by state, but ordered only partial costs. [2019] iehc 417 awarded their taxed or agreed action against while also or

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Courts Service · 2019-05-30 · courts

High Court dismisses developer’s challenge over building height guidelines

high court dismisses developer’s challenge over building height guidelines the ruled that did not let dublin city council set aside north lotts planning scheme while deciding two pending applications; first had to be reviewed and amended through statutory process. [2019] iehc 384 dismissed a judicia

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Courts Service · 2019-05-30 · courts

Court of Appeal dismisses appeal over three-year sentence for Bayside robbery

court of appeal dismisses over three-year sentence for bayside robbery the upheld sentence, including 18-month suspended portion, finding no error principle in sentencing judge’s assessment offence and mitigating factors. has dismissed vasile marin’s against severity a robbing an 81-year-old woman n

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Courts Service · 2019-05-30 · courts

High Court awards €65,000 after finding driver liable for Edenderry collision

high court awards €65,000 after finding driver liable for edenderry collision the accepted adele volkova’s account that patrick dunne moved onto road without yielding. it found no contributory negligence and awarded damages plus specified special damages. [2019] iehc 409 a november 2016 near accepti

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Courts Service · 2019-05-30 · courts

High Court refuses challenge to Nigerian man’s deportation order

high court refuses challenge to nigerian man’s deportation order the dismissed all grounds of judicial review, finding no basis set aside minister’s 2017 order. ruling did not itself make a new [2019] iehc 376 has refused application for review made by minister justice and equality in april 2017. ju

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Courts Service · 2019-05-30 · courts

High Court grants Promontoria summary judgment of about €65m against the Murphys

high court grants promontoria summary judgment of about €65m against the murphys rejected defendants’ arguments and dismissed their motions to strike out proceedings. [2019] iehc 395 court, commercial has granted (gem) dac for a total €65,527,155.65 stephen murphy margaret murphy, finding they had n

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Courts Service · 2019-05-29 · courts

High Court strikes out Saggart Motors motions over unauthorised proceedings

high court strikes out saggart motors motions over unauthorised proceedings the struck both applications after finding that a minority shareholder had not established basis to pursue company’s claims as derivative action. it left further orders, including costs, for later hearing. [2019] iehc 390 ha

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Courts Service · 2019-05-29 · courts

Supreme Court dismisses Dublin City Council appeal over eviction procedure

supreme court dismisses dublin city council appeal over eviction procedure the held that mark kelly should have been told basic information behind an anti-social behaviour allegation and given opportunity to respond before used section 20 powers remove him. of ireland has dismissed council’s against

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Courts Service · 2019-05-29 · courts

Appeal court orders fresh hearing in accountant negligence case over fair procedure

appeal court orders fresh hearing in accountant negligence case over fair procedure the of set aside high court’s dismissal after finding plaintiff had not a chance to answer concerns raised by trial judge about possible fraud on revenue. [2019] ieca 153 appeal; proceedings referenced has barry engl

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Courts Service · 2019-05-29 · courts

Supreme Court affirms limits on rates challenge in Circuit Court

supreme court affirms limits on rates challenge in circuit the upheld of appeal’s decision that west wood could not use its defence to pursue a public law dún laoghaire rathdown county council’s rate. [2019] iesc 043 has affirmed dispute over unpaid between council and club limited. it held determin

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Courts Service · 2019-05-29 · courts

High Court refuses both discovery motions in Screen Cinema covenant dispute

high court refuses both discovery motions in screen cinema covenant dispute the said requested documents were unnecessary to fairly resolve parties’ dispute, which turns on properties’ actual or then-intended use when substantive proceedings are heard. [2019] iehc 394 court, commercial has refused s

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Courts Service · 2019-05-29 · courts

Supreme Court allows West Wood to raise State aid defence in rates case

supreme court allows west wood to raise state aid defence in rates case the ruled that is not a general challenge rate, but left its merits undecided and capped any damages counterclaim at circuit court’s ordinary monetary limit. has club ltd may argue dún laoghaire-rathdown county council’s use of

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Courts Service · 2019-05-29 · courts

Supreme Court dismisses appeals over contempt finding and costs

supreme court dismisses appeals over contempt finding and costs the upheld a 12-month committal order against e.m. refused s.t.’s appeal for in proceedings concerning marriage welfare of an anonymised minor. ireland has dismissed two arising from minor, upholding both refusal to s.t. judgment delive

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Courts Service · 2019-05-29 · courts

Supreme Court declares PAC acted unlawfully in Rehab hearing

supreme court declares pac acted unlawfully in rehab hearing the found that committee’s public departed significantly from terms on which angela kerins had been invited to attend. it also ordered dáil replace individual committee members and clerk of éireann as respondents. declared accounts (pac) b

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Courts Service · 2019-05-29 · courts

Court of Appeal sets aside High Court findings on Leaving Certificate appeal process

court of appeal sets aside high findings on leaving certificate process the allowed appeals over constitutional-right and proportionality findings, while student’s place ucd’s veterinary medicine course undisturbed. [2019] ieca 162 by state examinations commission (sec) minister for education skills

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Courts Service · 2019-05-29 · courts

Supreme Court: renewal order did not make appeal against admission order moot

supreme court: renewal order did not make appeal against admission moot the court dismissed mental health commission’s and upheld quashing circuit court’s refusal to hear ms f.’s appeal. it reached that result on a different legal basis from of in case about whether patient’s an could proceed after

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Courts Service · 2019-05-28 · courts

High Court dismisses challenge to refusal to revoke Nigerian woman’s deportation order

high court dismisses challenge to refusal revoke nigerian woman’s deportation order the rejected three grounds challenging minister’s decision and said it would also have refused relief on discretionary grounds. [2019] iehc 372 has dismissed a refusing made against her, finding no basis quash decisi

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Courts Service · 2019-05-28 · courts

Court of Appeal says Garda could arrest driver after failed roadside breath test

court of appeal says garda could arrest driver after failed roadside breath test in a consultative case stated arising from district conviction appeal, the held that who lawfully entered home’s curtilage to require preliminary sample there reading. [2019] ieca 161 ruled dwelling under section 7 road

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Courts Service · 2019-05-28 · courts

Supreme Court rules two Dunnes product comparisons were misleading

supreme court rules two dunnes product comparisons were misleading the upheld finding that dunnes’ banners and freestanding displays impermissible comparative advertising, added specific shelf labels to finding. it declined grant a permanent injunction. allowed aldi’s appeal in part, declaring store

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Courts Service · 2019-05-28 · courts

High Court refuses discovery application in solicitor’s defamation case

high court refuses discovery application in solicitor’s defamation case the held that records sought about a 1999 lease were not relevant to proceedings as pleaded and refused defendant’s for discovery. [2019] iehc 362 has william mulrooney’s brought by solicitor dolp[h] mcgrath, finding documents p

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Courts Service · 2019-05-28 · courts

High Court sets aside renewal of summons after finding no service efforts were made

high court sets aside renewal of summons after finding no service efforts were made mr justice max barrett granted defendant niall moran’s application to set the ex parte renewal, citing absence or a good reason for delay and prejudice following edric browne’s death. [2019] iehc 361 has in personal

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Courts Service · 2019-05-28 · courts

High Court dismisses CAB staff claim for higher allowances

high court dismisses cab staff claim for higher allowances mr justice allen ruled that five criminal assets bureau members had not established a legal right to the allowance paid non-garda officers. [2019] iehc 335 has dismissed by seeking annual in judgment delivered on 28 may 2019, found plaintiff

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Courts Service · 2019-05-28 · courts

High Court dismisses Nigerian family’s challenge to deportation decisions

high court dismisses nigerian family’s challenge to deportation decisions the found minister had considered family rights and material submitted in a review application. it dismissed judicial released from an undertaking not deport applicants. [2019] iehc 371 mother her two children’s of decision re

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Courts Service · 2019-05-28 · courts

High Court refuses challenge to rejection of Pakistani man’s residence request

high court refuses challenge to rejection of pakistani man’s residence request the held that his pending subsidiary protection claim did not give him a permission could be renewed or varied under section 4 immigration act 2004. [2019] iehc 369 has refused judicial review by national minister for jus

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Courts Service · 2019-05-28 · courts

Court of Appeal rejects murder conviction appeal

court of appeal rejects murder conviction the upheld trial judge’s refusal to leave provocation jury and found there was no need discharge after a juror disclosed tenuous connection former club member. 266/17 has dismissed alan mcnamara’s against his for andrew o’donoghue, rejecting challenges over

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Courts Service · 2019-05-28 · courts

Supreme Court reverses ruling that information offence was unconstitutional

supreme court reverses ruling that information offence was unconstitutional the held section 9(1)(b) of 1998 act can be clearly interpreted and preserves right not to incriminate oneself. it reversed high court’s declaration, while noting appeal argued without evidence prosecution case. [2019] iesc

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Courts Service · 2019-05-28 · courts

High Court can review a child’s transition after special care order expires, judge rules

high court can review a child’s transition after special care order expires, judge rules the ruling allows post-order oversight where needed, including retaining guardian ad litem to represent child during step-down placement. [2019] iehc 781 has jurisdiction, necessary, from expires or is discharge

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Courts Service · 2019-05-28 · courts

High Court strikes out Beades’ claim against receivers and vacates property notice

high court strikes out beades’ claim against receivers and vacates property notice the ruled that pleaded disclosed no reasonable cause of action refused to stay order removing a lis pendens from finglas house. [2019] iehc 389 struck jerry two ordered removal registered house in finglas, after findi

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Courts Service · 2019-05-28 · courts

High Court refuses VHI bid to exclude plaintiffs’ expert

high court refuses vhi bid to exclude plaintiffs’ expert the rejected vhi’s application prevent professor moore mcdowell from acting as an for plaintiffs in competition proceedings, while directing him give undertaking protect confidential information. [2019] iehc 360 has refused by voluntary health

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Courts Service · 2019-05-28 · courts

Court of Appeal dismisses Donal Billings’s conviction appeal

court of appeal dismisses donal billings’s conviction the rejected his challenges to evidence and arrangements for conducting trial in irish. separate against sentence was not addressed this judgment. [2019] ieca 149 dismissed convictions, rejecting judgment dealt only with appeal, sentence. billing

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Courts Service · 2019-05-27 · courts

Supreme Court restores committal warrants in two unpaid-fine cases

supreme court restores committal warrants in two unpaid-fine cases the held that 2014 fines legislation did not apply to and default prison terms imposed before it came into force, allowed state’s appeals. has appeals by director of public prosecutions, garda commissioner minister for justice, resto

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Courts Service · 2019-05-27 · courts

Supreme Court dismisses appeals over new fines regime

supreme court dismisses appeals over new fines regime the held that (payments and recovery) act 2014 applies in part to people sentenced under previous whose default provisions had not been implemented before began. dismissed by director of public prosecutions, garda commissioner minister for justic

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Courts Service · 2019-05-27 · courts

Supreme Court dismisses appeal over sealed Drogheda Review interview transcript

supreme court dismisses appeal over sealed drogheda review interview transcript the upheld decision that department of health did not hold for foi purposes because it lacked a right to access its contents without order. dismissed an by information commissioner in dispute from review. high court’s co

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Courts Service · 2019-05-27 · courts

Supreme Court dismisses Minister’s appeal over public translation tender

supreme court dismisses minister’s appeal over public translation tender the upheld a finding of manifest error in scoring successful bid’s quality assurance plan, but rejected separate challenge to its service delivery plan score. ireland has dismissed minister for expenditure and reform’s dispute

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Courts Service · 2019-05-27 · courts

Court of Appeal increases sentence after finding discount for mitigation excessive

court of appeal increases sentence after finding discount for mitigation excessive the quashed a indecent and sexual assaults as unduly lenient, then imposed five years with three suspended, leaving 24 months to serve subject credit time already served. appeal; circuit criminal county offaly (senten

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Courts Service · 2019-05-27 · courts

Supreme Court rules Pakistani man’s arrest for deportation was unlawful

supreme court rules pakistani man’s arrest for deportation was unlawful the held that immigration allowed a person who had applied residence card to remain in ireland while application pending, without preliminary test of eligibility. it did not decide whether order should be enforced. [2019] iesc 0

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Courts Service · 2019-05-24 · courts

High Court dismisses sister’s challenge over estate order and restricts further proceedings

high court dismisses sister’s challenge over estate order and restricts further proceedings the struck out seeking to invalidate a 2012 concerning of celine murphy required majella rippington obtain leave before taking steps against defendants. [2019] iehc 353 ireland has brought by an made during d

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Courts Service · 2019-05-24 · courts

High Court orders two children returned to Canada under Hague Convention

high court orders two children returned to canada under hague convention the found february removal wrongful and rejected mother’s grave-risk defence, making return order subject undertakings intended support a safe transition. [2019] iehc 442 court, family law has ordered young be after finding the

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Courts Service · 2019-05-24 · courts

High Court raises hepatitis C compensation award to €200,000

high court raises hepatitis c compensation award to €200,000 the de novo appeal concerned a return for cirrhosis, liver cancer and shortened life expectancy. rejected reducing failure take earlier treatment ordered net €200,000. [2019] iehc 457 increased b. o’k.’s general on application from €150,00

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Courts Service · 2019-05-24 · courts

High Court adjourns Lithuanian surrender case pending prison assurances

high court adjourns lithuanian surrender case pending prison assurances the rejected objections concerning theft correspondence, family life and warrant clarity, but deferred its order until lithuania addresses concerns about two prisons or confirms respondent will not be held there. [2019] iehc 434

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Courts Service · 2019-05-24 · courts

High Court awards €286,630 to injured garda, rejects inspector-promotion claim

high court awards €286,630 to injured garda, rejects inspector-promotion claim the awarded agreed financial losses and €120,000 for pain suffering after finding applicant’s injuries did not prevent his unsuccessful 2010 2014 promotion interviews. [2019] iehc 396 has in compensation a garda while res

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Courts Service · 2019-05-24 · courts

High Court proposes quashing permission for Meath anaerobic digester over biogas safety assessment

high court proposes quashing permission for meath anaerobic digester over biogas safety assessment the found that an bord pleanála lacked material to support its conclusion plant would stay below seveso threshold. it had not yet decided whether planning appeal should be reconsidered or a fresh appli

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Courts Service · 2019-05-24 · courts

High Court grants Bank of Ireland summary judgment over three loans

high court grants bank of ireland summary judgment over three loans the awarded €1,746,613.95 plus further interest after rejecting borrower's consumer-law defences and request for an eu referral. [2019] iehc 421 has granted mortgage against brian kane €1,746,613.95, together with interest, secured

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Courts Service · 2019-05-24 · courts

High Court rules Bosal executive’s share options remained exercisable before dismissal

high court rules bosal executive’s share options remained exercisable before dismissal the ordered specific performance of a shareholder agreement after finding option period expired only when termination occurred, not notice proposed was given. [2019] iehc 332 court, commercial has ruled that adria

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Courts Service · 2019-05-24 · courts

High Court allows Cheldon to seek execution of Dublin possession order

high court allows cheldon to seek execution of dublin possession order the named property finance dac as sole plaintiff and granted liberty execute a 2014 order. amount owed was not determined. [2019] iehc 359 has in proceedings over three properties at fairview avenue, dublin, it did determine owed

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Courts Service · 2019-05-23 · courts

Supreme Court dismisses appeals over orders to enforce costs against Dublin property

supreme court dismisses appeals over orders to enforce costs against dublin property the said well-charging proceedings could not be used challenge underlying cost certificates, while noting evidence of a possible fair-procedures breach at 2004 taxation. has dismissed two by treasa ní ghruagáin allo

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Courts Service · 2019-05-23 · courts

High Court clears way for surrender to Hungary after rejecting prison-conditions objection

high court clears way for surrender to hungary after rejecting prison-conditions objection the found no real risk of inhuman or degrading treatment on evidence and assurances before it, held was not prohibited under european arrest warrant act. [2019] iehc 379 has ruled that zoltan huba henn’s a 201

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Courts Service · 2019-05-23 · courts

Supreme Court dismisses hospital’s appeal over MRSA limitation claim

supreme court dismisses hospital’s appeal over mrsa limitation claim the held that patient acquired relevant knowledge about alleged hospital negligence after 20 august 2006, so his 2008 personal injuries summons was within two-year period. has dismissed a arguing patient’s infection brought too lat

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Courts Service · 2019-05-23 · courts

Supreme Court rejects hospital’s bid to time-bar MRSA infection claim

supreme court rejects hospital’s bid to time-bar mrsa infection claim the held that patient’s two-year limitation period began when an expert report gave him broad knowledge of alleged hospital failure. ruling allows proceed; it does not decide liability. [2019] iesc 000 has dismissed appeal by irel

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Courts Service · 2019-05-23 · courts

High Court rejects challenge to expert’s determination in liquidation fee dispute

high court rejects challenge to expert’s determination in liquidation fee dispute the held that expert had completed task agreed by parties, leaving liquidator entitled seek judgment for sums determined. [2019] iehc 387 rejected gary lennon’s an a over fees charged during voluntary liquidations of b

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Courts Service · 2019-05-23 · courts

Supreme Court majority rejects appeal over time limit in MRSA claim

supreme court majority rejects appeal over time limit in mrsa claim a dissenting judgment by o’donnell j outlines why he believed the was already out of time, while noting that court’s upheld appeal’s decision. decision oliver o’sullivan’s an infection acquired hospital not statute barred. delivered

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Courts Service · 2019-05-23 · courts

Supreme Court dismisses Minister’s bid to review fishing negligence judgment

supreme court dismisses minister’s bid to review fishing negligence judgment the said application would reopen merits of an earlier appeal, which constitution makes final and conclusive. ireland has dismissed its 2018 decision upholding a €49,600 award scallop business partners eugene bates brendan

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Courts Service · 2019-05-23 · courts

High Court finds oppression in SEDA dispute and sets €225,065 price for 57% shareholding

high court finds oppression in seda dispute and sets €225,065 price for 57% shareholding the found that respondents’ conduct toward a minority shareholder was oppressive. it gave applicant an option to buy their shares at court’s valuation, with final transfer order costs still be addressed. [2019]

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Courts Service · 2019-05-22 · courts

Supreme Court dismisses appeal over Dublin transfer decision

supreme court dismisses appeal over dublin transfer decision the held that information request and of fingerprints did not breach iii regulation, found no error in timing take charge request. has dismissed an by two anonymised applicants for international protection against a to their cases united k

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Courts Service · 2019-05-22 · courts

High Court quashes decision revoking Egyptian man’s Irish residence card

high court quashes decision revoking egyptian man’s irish residence card the found minister had not addressed department of social protection’s apparent view that separated wife a right to reside in ireland. [2019] iehc 363 has quashed an national’s card, finding for justice adequately position on w

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Courts Service · 2019-05-22 · courts

High Court dismisses firefighter’s claim over fall at Carlingford sports hall

high court dismisses firefighter’s claim over fall at carlingford sports hall the judge was not satisfied that sticky residue caused or any such substance came from tape used for temporary carpeting. [2019] iehc 329 has dismissed andrew larkin’s personal injuries against community development compan

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Courts Service · 2019-05-22 · courts

High Court refuses challenge to refusal of re-entry visa

high court refuses challenge to refusal of re-entry visa the held that reasons given for refusing an applicant’s appeal were clear in their factual context and refused all relief sought. [2019] iehc 364 has sought by a sudanese man who challenged minister justice equality’s his application re-enter

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Courts Service · 2019-05-22 · courts

Supreme Court upheld transfer of asylum applications to Britain under Dublin rules

supreme court upheld transfer of asylum applications to britain under dublin rules the rejected a challenge ireland’s use fingerprints check applicants’ identities and travel history, concluding that was responsible for examining their claims. [2019] iesc 032 two anonymised international protection

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Courts Service · 2019-05-21 · courts

High Court refuses ER Travel’s bid to restrain Dublin Airport Authority

high court refuses er travel’s bid to restrain dublin airport authority the declined an interim injunction over collections, finding on evidence then available that damages could be assessed for either side. it set a timetable aimed at early full hearing. [2019] iehc 358 refused interlocutory sought

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Courts Service · 2019-05-21 · courts

High Court quashes Offaly waste permit review over assessment and reasons

high court quashes offaly waste permit review over assessment and reasons the found that appropriate-assessment screening relied on possible mitigation measures council had not made clear why it granted review. [2019] iehc 328 quashed county council’s 20 december 2016 decision to a facility for gues

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Courts Service · 2019-05-21 · courts

Council liable after cyclist’s fall at cattle grid in Shannon

council liable after cyclist’s fall at cattle grid in shannon the high court found clare county negligence and public nuisance over a hazardous concrete surround, while reducing award by 25% for contributory negligence. [2019] iehc 330 was held cyclist suffered serious ankle injury on road clonmoney

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Courts Service · 2019-05-21 · courts

High Court dismisses challenge to refusal of vehicle tax relief

high court dismisses challenge to refusal of vehicle tax relief the found judicial review application was out time and also rejected it on substantive grounds. applicant’s separate appeal had not progressed because he registered or paid assessed tax. [2019] iehc 339 has dismissed michael delaney’s r

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Courts Service · 2019-05-21 · courts

High Court declares Vico Rock turning area belongs to management company

high court declares vico rock turning area belongs to management company the rejected delaneys’ ownership claim, found that parking had obstructed mark pigott’s right of way, and declined planning orders he sought under section 160. [2019] iehc 789 has declared property limited owns beside skyview h

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Courts Service · 2019-05-21 · courts

High Court refuses leave and time extension in challenge to tenancy board decision

high court refuses leave and time extension in challenge to tenancy board decision the found applicant had not shown sufficient reason for missing judicial review deadline that his proposed grounds were arguable. [2019] iehc 327 refused an application bring of a residential dated 20 june 2018. follo

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Courts Service · 2019-05-21 · courts

High Court strikes out assault claim against 21 defendants but lets claim against receiver continue

high court strikes out assault claim against 21 defendants but lets receiver continue the found no sustainable basis for claims bankers and accountants named in philip o’brien’s €6.5 million action. it declined to dismiss simon coyle because evidence about his relationship with caretaker tenant was

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Courts Service · 2019-05-21 · courts

High Court refers court-record access question to EU court

high court refers court-record access question to eu the reference asks whether control of records from concluded proceedings remains an exercise judicial capacity under environmental information law. [2019] iehc 597 ireland has asked justice european union (cjeu) clarify falls within “judicial capa

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Courts Service · 2019-05-20 · courts

High Court grants Bank of Ireland summary judgment against Patrick Timmons

high court grants bank of ireland summary judgment against patrick timmons the found no bona fide defence to bank’s claim over two loan accounts, but left precise amount be determined after hearing counsel. [2019] iehc 420 has granted governor and company in its accounts. judge said he would hear co

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Courts Service · 2019-05-20 · courts

Bank entitled to judgment on loans, but negligence claim goes to trial

bank entitled to judgment on loans, but negligence claim goes trial the high court found no bona fide defence loan accounts, while allowing defendant’s negligent misrepresentation counterclaim continue. precise sum and directions pleadings were left for further submissions. [2019] iehc 419 has ruled

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Courts Service · 2019-05-20 · courts

High Court grants Deutsche Bank summary judgment against Peter Dennis but sends John Dennis claim to trial

high court grants deutsche bank summary judgment against peter dennis but sends john claim to trial the awarded €1,568,560.89 dennis. it declined grant because two guarantees were not produced and directed that a plenary hearing. [2019] iehc 331 granted ag for €1,568,560.89, refused claims arose fro

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Courts Service · 2019-05-17 · courts

High Court finds uninsured driver responsible for 2013 Tipperary collision

high court finds uninsured driver responsible for 2013 tipperary collision ms justice o’hanlon rejected the driver’s account and found plaintiff was not contributorily negligent, awarding €105,000 in general damages €12,069 special damages. [2019] iehc 344 an a on cloneen–killusty road co tipperary,

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Courts Service · 2019-05-17 · courts

High Court defers summary judgment pending evidence on demand letters

high court defers summary judgment pending evidence on demand letters the said defendants had not shown an arguable defence to aib mortgage bank’s loan claims, but first allowed further affidavits and submissions whether were served. [2019] iehc 321 has yet granted in claims against adrian blanc luc

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Courts Service · 2019-05-17 · courts

High Court awards cyclist €66,080 over Clonmel laneway fall

high court awards cyclist €66,080 over clonmel laneway fall the found that lane’s design and incomplete reinstatement created a foreseeable danger. it awarded damages but supplied judgment extract states no further order. [2019] iehc 345 nuala ryan after finding of its dangerous accumulation stones

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Courts Service · 2019-05-17 · courts

High Court dismisses Clonmel service station fall claim

high court dismisses clonmel service station fall claim the found plaintiff had not proved on balance of probabilities that he fell a fuel spill at in 2015. [2019] iehc 346 dismissed bernard cronin’s personal injuries against petrogas group limited, finding company’s clonmel. judgment delivered 17 m

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Courts Service · 2019-05-17 · courts

High Court orders €1m security for costs in whiskey-sector competition dispute

high court orders €1m security for costs in whiskey-sector competition dispute the ordered two plaintiffs to provide discounted after finding their financial position did not justify refusing irish distillers’ application. [2019] iehc 322 has protégé international group (cyprus) limited and avalon m

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Courts Service · 2019-05-17 · courts

High Court upholds Tipperary footpath liability ruling and increases damages to €56,350

high court upholds tipperary footpath liability ruling and increases damages to €56,350 the found that subsidence caused a 15 mm lip in where noreen meehan fell 2015, awarded €55,000 general plus €1,350 special damages. [2019] iehc 432 has upheld circuit finding county council was liable for woman’s

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Courts Service · 2019-05-17 · courts

High Court orders safeguards for disclosure of identities in abuse case

high court orders safeguards for disclosure of identities in abuse case the directed defendants’ solicitors to seek consent before sharing details certain complainants with plaintiff’s solicitors, while keeping others who had never come forward undisclosed. [2019] iehc 320 has ordered a limited proc

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Courts Service · 2019-05-17 · courts

High Court dismisses rider’s claim over fox hunt fall

high court dismisses rider’s claim over fox hunt fall the found that hunt’s warning about a dangerous jump was communicated to reasonable standard and plaintiff had not established negligence by either defendant. [2019] iehc 343 dismissed horse for damages after she injured when her fell on during i

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Courts Service · 2019-05-17 · courts

Court of Appeal dismisses McDermott’s appeals over Ennis loan transfer and enforcement

court of appeal dismisses mcdermott’s appeals over ennis loan transfer and enforcement the upheld dismissal separate claim against order substituting for bank scotland in summary proceedings. it found sufficient evidence, on balance probabilities, that his loans had been assigned to ennis. [2019] ie

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Courts Service · 2019-05-16 · courts

Court of Appeal grants solicitors a charge over costs order despite later set-off deal

court of appeal grants solicitors a charge over costs order despite later set-off deal the ruled that firm’s existing entitlement to seek was not displaced by compromise between liquidators. it did decide priorities or how should be enforced. [2019] ieca 146 has granted former for rhs energy limited

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Courts Service · 2019-05-16 · courts

High Court rejects Article 40 challenge to Cloverhill detention

high court rejects article 40 challenge to cloverhill detention the held that paperwork showed no apparent flaw and said any decision detain should be brought by judicial review. [2019] iehc 317 rejected kuldeep singh’s application challenging his at prison, holding instrument disclosed invalidity.

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Courts Service · 2019-05-16 · courts

High Court refuses default judgment against Bon Secours defendants in medical negligence case

high court refuses default judgment against bon secours defendants in medical negligence case the dismissed an application for of defence, saying plaintiff had not clarified whether expert report specifically criticised treatment provided by hospital defendants. [2019] iehc 316 has defence health sy

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Courts Service · 2019-05-15 · courts

High Court refuses €18m garnishee order and finds Media Partners & Silva should be wound up

high court refuses €18m garnishee order and finds media partners & silva should be wound up the commercial discharged a conditional sought by infront partners, finding that company was insolvent. it directed disputed money remain on deposit while alternative liquidator candidates are submitted. [201

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Courts Service · 2019-05-15 · courts

Supreme Court strikes down mandatory five-year minimum for repeat firearms offence

supreme court strikes down mandatory five-year minimum for repeat firearms offence the held that parliament could not set a applying only to limited class of offenders identified by prior convictions. it left effect on wayne ellis’s sentence appeal. has declared unconstitutional law requiring prison

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Courts Service · 2019-05-15 · courts

High Court affirms possession order in Bank of Ireland mortgage appeal

high court affirms possession order in bank of ireland mortgage appeal the upheld circuit court’s for a galway property after striking out defendant’s affidavit and disallowing further affidavits offered on appeal. [2019] iehc 341 has affirmed at 4 prospect hill, galway, an brought by defendant, mar

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Courts Service · 2019-05-15 · courts

Court of Appeal declares Sunday World breached man’s privacy with party photographs

court of appeal declares sunday world breached man’s privacy with party photographs the upheld defamation finding and overall €310,000 award, reallocating damages declaring that publication private constitutional right to privacy. [2019] ieca 141 has a newspapers limited, trading as world, defamed b

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Courts Service · 2019-05-15 · courts

Supreme Court judge says repeat-offence firearms minimum sentence unconstitutional

supreme court judge says repeat-offence firearms minimum sentence unconstitutional in a separate judgment wayne ellis’s appeal, justice peter charleton agreed that the mandatory should be struck down. he said of appeal hear further submissions on just sentence. [2019] iesc 030 for repeat offence is

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Courts Service · 2019-05-15 · courts

Supreme Court agrees exceptional circumstances justified non-enforcement of prison warrant

supreme court agrees exceptional circumstances justified non-enforcement of prison warrant in a concurring judgment, chief justice clarke said the constitutional threshold was met when mark finnegan arrested and began proceedings, while stressing that such exceptions must remain rare. agreed not enf

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Courts Service · 2019-05-15 · courts

Supreme Court rules five-year delay made escaped prisoner’s return to custody oppressive

supreme court rules five-year delay made escaped prisoner’s return to custody oppressive the allowed mark finnegan’s appeal, finding that circumstances it unjust, and invidious him prison serve balance of his sentence. [2019] iesc ୍ ireland appeal against a decision had set aside high declaration co

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Courts Service · 2019-05-15 · courts

High Court strikes out proceedings against Bank of Ireland over mortgages

high court strikes out proceedings against bank of ireland over mortgages the ruled that plaintiff had no basis to challenge taken by his estranged wife or claim damages from bank, and struck in their entirety. [2019] iehc 567 brought john joseph dunne ireland, finding case was bound fail amounted a

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Courts Service · 2019-05-14 · courts

Court of Appeal reduces David Burke’s time to serve for manslaughter to six years and nine months

court of appeal reduces david burke’s time to serve for manslaughter six years and nine months the left 10-year sentence in place but increased suspended portion after finding difference from a co-accused’s was excessive. [108/17] has varied manslaughter, leaving term increasing two three months. ch

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Courts Service · 2019-05-14 · courts

Court of Appeal orders custodial term in review of suspended sentence for image-possession offence

court of appeal orders custodial term in review suspended sentence for image-possession offence the quashed a three-year that had been full, then re-sentenced respondent to three years with final two suspended. has years’ imprisonment, imposed on gregory lordan possessing child pornography. applicat

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Courts Service · 2019-05-14 · courts

High Court orders man to leave Finglas property pending trial of trespass claim

high court orders man to leave finglas property pending trial of trespass claim the found no bona fide issue be tried over whether occupied without permission. it did not decide underlying action or finally determine his adverse possession. [2019] iehc 307 has ordered joseph doyle hand access device

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Courts Service · 2019-05-14 · courts

Appeal court upholds Bank of Ireland debt sale agreement

appeal court upholds bank of ireland debt sale agreement the dismissed eteams (international) ltd’s appeal, finding that its with transferred ownership company’s debts and was not a registrable charge. [2019] ieca 145 has an by ltd, in voluntary liquidation, over to ireland. upheld high court’s conc

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Courts Service · 2019-05-13 · courts

Court of Appeal replaces wholly suspended sentence for Dundalk assault

court of appeal replaces wholly suspended sentence for dundalk assault the found original unduly lenient and imposed 18 months’ imprisonment, suspending final six months on same terms as circuit court. has replaced a andrew crilly causing harm with set by criminal delivered its judgment 13 may 2019

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Courts Service · 2019-05-13 · courts

High Court rejects stepdaughter’s claim for loss of society under hepatitis C scheme

high court rejects stepdaughter’s claim for loss of society under hepatitis c scheme the held that statutory right to did not extend an adult stepchild who had been adopted by deceased or in her care as a parent. [2019] iehc 431 dismissed appeal a.c. against and hiv compensation tribunal’s decision

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Courts Service · 2019-05-13 · courts

Court of Appeal cuts sentence for defilement of 14-year-old

court of appeal cuts sentence for defilement 14-year-old the replaced a six-and-a-half-year with five years, suspending final year subject to bond and probation supervision. reduced imposed on d. m. child under 15, finding that original nine-year headline overestimated gravity offence. it set five-y

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Courts Service · 2019-05-13 · courts

High Court declines relief over Chinese national’s long-term stay application

high court declines relief over chinese national’s long-term stay application the held that a short-term c visa could not be varied under relevant law into permission for residence, and declined to consider challenges minister’s decision. [2019] iehc 310 has grant hui zhu chen in judicial review con

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Courts Service · 2019-05-13 · courts

Court of Appeal dismisses appeal against 12-year sentence for rape and sexual assault

court of appeal dismisses against 12-year sentence for rape and sexual assault the found errors in how sentencing judge considered mitigation, but concluded they did not make improper. was dismissed. dismissed keith hearne’s severity a prison rape, false imprisonment assault. it that had erred by fa

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Courts Service · 2019-05-13 · courts

Appeal court replaces suspended sentences with 15 months’ imprisonment for former school principal

appeal court replaces suspended sentences with 15 months’ imprisonment for former school principal the of found theft and forgery unduly lenient, quashed them imposed on each count, to be served. has replaced kilnaleck national finbar boyle count forgery. original lenient but said new term should lo

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Courts Service · 2019-05-12 · courts

High Court says Official Assignee alone may defend bank claim and pursue counterclaim

high court says official assignee alone may defend bank claim and pursue counterclaim mr justice noonan determined that a bankrupt former solicitor could not conduct the bank’s proceedings or his himself. consequential orders were left for further discussion. [2019] iehc 272 has ruled in bankruptcy

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Courts Service · 2019-05-10 · courts

High Court dismisses challenge to Pakistani man’s deportation review

high court dismisses challenge to pakistani man’s deportation review the held that minister had considered applicant’s medical and personal circumstances, while noting original decision contained a flaw later addressed by an addendum. [2019] iehc 319 has dismissed judicial anonymised applicant for j

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Courts Service · 2019-05-10 · courts

Supreme Court dismisses appeal over murder conviction and jury’s CCTV identification

supreme court dismisses appeal over murder conviction and jury’s cctv identification the upheld use of clear images for jury assessment in this case ruled that a witness’s admitted statement excerpt could be considered alongside his hostile-witness evidence. has dismissed andrzej gruchacz’s against

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Courts Service · 2019-05-10 · courts

High Court orders Covestro to disclose emails claimed as litigation privileged

high court orders covestro to disclose emails claimed as litigation privileged the found had not shown that dominant purpose of seven disputed was preparing for litigation. it ordered disclosure, without deciding a separate privilege-waiver argument. [2019] iehc 305 court, commercial has b.v. produc

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Courts Service · 2019-05-10 · courts

High Court rules DPP need not attend fine enforcement hearings

high court rules dpp need not attend fine enforcement hearings the answered a district judge’s consultative case stated on proceedings to enforce an unpaid fine, while leaving legal aid question unresolved for lack of information. [2019] iehc 308 has ruled that director public prosecutions (dpp) is

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Courts Service · 2019-05-10 · courts

High Court adjourns challenge to deportation while revocation application is considered

high court adjourns challenge to deportation while revocation application is considered the dismissed three grounds of a judicial review but temporarily restrained until 20 may 2019, remaining claims await further submissions. [2019] iehc 367 order kept an interim bar on in place it adjourned applic

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Courts Service · 2019-05-10 · courts

High Court rejects challenge to Bangladesh subsidiary protection decision

high court rejects challenge to bangladesh subsidiary protection decision the extended time for judicial review but rejected all three grounds challenging tribunal’s assessment of state and country information. [2019] iehc 300 has refused an applicant’s a 2016 denying him in ireland, while extending

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Courts Service · 2019-05-10 · courts

High Court dismisses two injury claims over minor car contact

high court dismisses two injury claims over minor car contact the upheld dismissal of rosaleen o’connell’s claim, finding on balance probabilities that she was not in car. it also dismissed ashraf ali’s claim for misleading evidence, while saying €3,000 would have been appropriate damages his soft t

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Courts Service · 2019-05-10 · courts

High Court refers Ocean Point and Clancy dispute to arbitration

high court refers ocean point and clancy dispute to arbitration the rejected point’s arguments that had repudiated agreement could not proceed without other defendants. [2019] iehc 311 {'name': 'high court', 'jurisdiction': 'ireland'} has ordered development company limited (in receivership) project

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Courts Service · 2019-05-10 · courts

Patient awarded 80% of costs after court finds trial was marginally prolonged by unsuccessful claim

patient awarded 80% of costs after court finds trial was marginally prolonged by unsuccessful claim the high declined to award for full action or defendant four days, and set plaintiff’s recoverable at 80%. [2019] iehc 302 has ruled that a who succeeded in medical negligence should recover her costs

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Courts Service · 2019-05-10 · courts

High Court sets aside Galway Council decision to destroy horse

high court sets aside galway council decision to destroy horse the found council’s €3,129.68 demand included an unauthorised administration charge and that it acted prematurely while ownership documents remained under assessment. [2019] iehc 304 has proposed setting county a declaring outside its po

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Courts Service · 2019-05-10 · courts

High Court dismisses bid to stop prosecution over Oberstown disturbance

high court dismisses bid to stop prosecution over oberstown disturbance a judicial review applicant argued that delay cost him protections available under child justice law. the found no blameworthy and dismissed application, while making temporary order protecting his identity. [2019] iehc 303 has

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Courts Service · 2019-05-09 · courts

High Court rejects Ombudsman’s bid to investigate appeal board’s licence refusal decision

high court rejects ombudsman’s bid to investigate appeal board’s licence refusal decision the upheld circuit court’s compel property services board provide documents, finding that its work fell outside statutory review remit. [2019] iehc 336 has a refusing documents ombudsman for an investigation in

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Courts Service · 2019-05-09 · courts

High Court refuses challenge to teacher’s demotion after school disciplinary process

high court refuses challenge to teacher’s demotion after school disciplinary process the held that school’s continued through an appeal which teacher did not challenge, and refused judicial review. decide whether allegations were true afresh. [2019] iehc 456 has a former primary principal’s review r

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Courts Service · 2019-05-09 · courts

Supreme Court upholds receiver over Meath farmer’s Basic Payment Scheme entitlements

supreme court upholds receiver over meath farmer’s basic payment scheme entitlements the dismissed mark rickard’s appeal, holding that a could be appointed his future bps payments to help enforce an existing judgment debt. has upheld order appointing due farmer rickard under eu (bps), dismissing app

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Courts Service · 2019-05-09 · courts

Court of Appeal upholds order requiring Dunnes to keep Edward Square doors open during trading

court of appeal upholds order requiring dunnes to keep edward square doors open during trading the found had remain while anchor unit traded maintain pedestrian links between shopping centres. it set aside compensatory damages but upheld €45,000 in aggravated damages. [2019] ieca 138 has an stores u

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Courts Service · 2019-05-08 · courts

High Court quashes refugee appeal decision over credibility reasoning

high court quashes refugee appeal decision over credibility reasoning the found that tribunal did not explain why it accepted some parts of a zimbabwean mother’s account and rejected others, ordered fresh determination. [2019] iehc 298 has quashed an international protection appeals refusing status

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Courts Service · 2019-05-08 · courts

High Court refuses to restrict IQ Content co-founder after finding he acted responsibly

high court refuses to restrict iq content co-founder after finding he acted responsibly the found that morgan mckeagney was sidelined during efforts transfer content’s business a new company, and declined liquidator’s restriction application against him. an earlier order paul fitzsimons remained in

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Courts Service · 2019-05-08 · courts

High Court dismisses Dunnes Stores employee’s injury claim on appeal

high court dismisses dunnes stores employee’s injury claim on appeal the found evidence did not establish that workplace pressure caused an eye injury. it also concluded earlier order for a €20,000 part-payment should have been made. [2019] iehc 347 dismissed corinne donnelly’s personal against stor

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Courts Service · 2019-05-08 · courts

Court of Appeal replaces sentence for six-year-old’s sexual assault with 4½ years’ imprisonment

court of appeal replaces sentence for six-year-old’s sexual assault with 4½ years’ imprisonment the allowed director public prosecutions’ undue-leniency application, quashed circuit order and imposed a longer two years post-release supervision. 295/2018 has replaced on abdur rashid sexually assaulti

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Courts Service · 2019-05-08 · courts

Supreme Court upholds interim rent protection but bars sale pending trial

supreme court upholds interim rent protection but bars sale pending trial the found a fair issue to be tried over whether two receivers were validly appointed, and proposed keeping rents with them while case proceeds. it left final wording of its order for further submissions. upheld relief protect

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Courts Service · 2019-05-08 · courts

High Court allows Persona to amend claim over 1996 mobile licence award

high court allows persona to amend claim over 1996 mobile licence award the permitted substantial amendments statement of claim, finding that delay and prejudice did not outweigh need have issues heard. costs other consequential orders remained be addressed. [2019] iehc 295 has allowed digital telep

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Courts Service · 2019-05-08 · courts

Supreme Court allows appeal in case over false criminal record claim

supreme court allows appeal in case over false criminal record claim the said a negligence tied to economic loss could proceed if amended, but reputation damages were bound fail. it had not yet made final orders on amendment. has proposed allowing damien jeffrey’s against dismissal of his garda insp

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Courts Service · 2019-05-08 · courts

High Court finds solicitor acted for clients in hip-claims ADR costs dispute

high court finds solicitor acted for clients in hip-claims adr costs dispute the concluded that was joined as a notice party on behalf of instructing clients, but left consequential orders later hearing. [2019] iehc 423 has found proceedings connected to proposed mediation “plastic hips” claims acti

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Courts Service · 2019-05-08 · courts

Appeal court quashes burglary and criminal damage convictions after jury direction errors

appeal court quashes burglary and criminal damage convictions after jury direction errors the of found trial judge’s comments about appellant’s garda interview omission a defence point could have misled jury. it allowed appeal. has robert kane’s against his 2017 for damage, finding that in direction

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Courts Service · 2019-05-07 · courts

High Court dismisses challenge over social welfare appeals office’s EU referral powers

high court dismisses challenge over social welfare appeals office’s eu referral powers the said case was academic because applicant had identified no specific question of law for referral. [2019] iehc 337 dismissed a judicial review application challenging chief officer’s position that office could

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Courts Service · 2019-05-07 · courts

Court of Appeal dismisses DPP bid to increase burglary sentence

court of appeal dismisses dpp bid to increase burglary sentence the said 28-month term was lenient and at outer limit sentencing judge’s discretion, but not so unduly as justify intervention. has dismissed director public prosecutions’ application review a prison for on grounds undue leniency. descr

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Courts Service · 2019-05-07 · courts

High Court allows correction of bank’s name in proceedings against Peter Gaw

high court allows correction of bank’s name in proceedings against peter gaw the found that omitting “resolution” from plaintiff’s was a clerical error and ordered proceedings’ title amended. [2019] iehc 436 has brought to be amended, replacing “irish bank corporation limited (in special liquidation

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Courts Service · 2019-05-07 · courts

High Court refuses leave to challenge Fingal housing priority decision

high court refuses leave to challenge fingal housing priority decision the refused permission bring judicial review against county council and hse, finding applicants did not meet threshold for leave. it also proposed additional grounds as out of time. [2019] iehc 281 has a father his minor son heal

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Courts Service · 2019-05-07 · courts

High Court sets costs across 16 stages of Y.Y. immigration case

high court sets costs across 16 stages of y.y. immigration case the allocated module by module, with all awards to be set off and taxed if parties cannot agree. [2019] iehc 326 has ruled on y.y.’s judicial review challenge deportation successive decisions minister for justice equality. mr richard hu

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Courts Service · 2019-05-07 · courts

High Court strikes out Dineen claim over missing statement of claim, with 21-day stay

high court strikes out dineen claim over missing statement of claim, with 21-day stay the found delay in prosecuting case was inordinate and inexcusable, but declined at this stage to dismiss it for want prosecution. separate henderson v. issue adjourned. [2019] iehc 460 has struck richard dineen’s

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Courts Service · 2019-05-03 · courts

High Court dismisses care worker’s bullying claim over delay

high court dismisses care worker’s bullying claim over delay the found inordinate and inexcusable in prosecuting proceedings, citing inactivity between november 2015 july 2018 potential prejudice to defendants. [2019] iehc 285 has dismissed carol fox’s against cherry orchard hospital health service

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Courts Service · 2019-05-03 · courts

High Court finds Wexford man had capacity to leave farm to nephew

high court finds wexford man had capacity to leave farm nephew the allowed an appeal against a circuit decision that rejected 2011 will, but said it would hear counsel before making appropriate order. [2019] iehc 424 court; from court, eastern circuit, county of has found testamentary when he made w

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Courts Service · 2019-05-03 · courts

High Court sends AIB loan dispute to plenary hearing

high court sends aib loan dispute to plenary hearing the found that a borrower’s typed name counted as signature and his 2015 letter acknowledged debt, but declined grant summary judgment because of related claim over share certificates. [2019] iehc 286 has sent allied irish banks plc’s recovery cas

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Courts Service · 2019-05-03 · courts

High Court quashes refusal of family reunification application over definition of “child”

high court quashes refusal of family reunification application over definition “child” the held that a child under international protection act 2015 need not be biologically related to sponsor. it sent back for fresh consideration. [2019] iehc 284 quashed by man identified as x, finding minister had

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Courts Service · 2019-05-03 · courts

High Court dismisses South African asylum seeker’s challenge to tribunal decision

high court dismisses south african asylum seeker’s challenge to tribunal decision the held that was not required seek further comment before rejecting claims raised for first time in a written appeal. [2019] iehc 269 has dismissed man’s judicial review of refusing recommend he be recognised as refug

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Courts Service · 2019-05-03 · courts

High Court refuses O’Connors’ application to remit mortgage case

high court refuses o’connors’ application to remit mortgage case the declined transfer bank of ireland bank’s summary judgment proceedings circuit court. had not consented, and defendants accepted that evidence did meet alternative statutory tests. [2019] iehc 290 has refused john lorna o’connor’s m

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Courts Service · 2019-05-03 · courts

High Court allows Irish defamation case to be discontinued on conditions

high court allows irish defamation case to be discontinued on conditions the said plaintiff must pay defendant’s costs and undertake not enforce earlier orders or bring another over same cause of action. [2019] iehc 342 it would allow joint stock company togliattiazot discontinue its proceedings aga

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Courts Service · 2019-05-03 · courts

High Court refuses to halt trial over DNA sample charge

high court refuses to halt trial over dna sample charge the said legal challenge should first be made in district and found no exceptional circumstances prohibit trial. [2019] iehc 291 has refused an application by x a pending on relating notice requiring him provide sample. was charged with failing

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Courts Service · 2019-05-03 · courts

High Court refuses bid to stop prosecution over firearms and pipe bomb

high court refuses bid to stop prosecution over firearms and pipe bomb the found no culpable prosecutorial delay said public interest in prosecuting serious charges outweighed prejudice claimed by a man charged alleged offences committed as minor. [2019] iehc 296 has refused an application prohibit

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Courts Service · 2019-05-03 · courts

High Court grants AIB’s post-judgment application after execution stay expired

high court grants aib’s post-judgment application after execution stay expired mr justice max barrett ruled that the three-month prevented aib from starting an order 42, rule 36 during stay. by time considered matter, had and bank was entitled to sought. [2019] iehc 287 granted allied irish banks pl

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Courts Service · 2019-05-03 · courts

High Court orders solicitor-client bill to be taxed after dispute over fees and delay

high court orders solicitor-client bill to be taxed after dispute over fees and delay the used its inherent jurisdiction refer a served in july 2013 for taxation, citing solicitor’s earlier agreement process uncertainty about what happened an summons. [2019] iehc 277 has directed that on gerard marg

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Courts Service · 2019-05-03 · courts

High Court dismisses solicitor negligence case over prolonged delay

high court dismisses solicitor negligence case over prolonged delay the found inordinate and inexcusable held that balance of justice favoured dismissal, citing prejudice to defence years inactivity. [2019] iehc 289 dismissed noel mulligan’s professional proceedings against wilkie & flanagan, solici

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Courts Service · 2019-05-03 · courts

High Court dismisses challenge to six days of separation at Oberstown

high court dismisses challenge to six days of separation at oberstown the found temporary measures lawful and proportionate, rejected claims that they breached child detainee’s constitutional rights. [2019] iehc 275 has dismissed a judicial review brought by detained oberstown, ruling imposed in sep

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Courts Service · 2019-05-03 · courts

High Court sets aside delayed third-party proceedings in safe injury claim

high court sets aside delayed third-party proceedings in safe injury claim the ruled that defendant had not served its notice against company as soon reasonably possible. [2019] iehc 288 set brought by topaz energy group limited guardwell lock and a personal injuries involving petrol station safe. m

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Courts Service · 2019-05-03 · courts

High Court lets Eir’s solicitors withdraw, subject to indemnity

high court lets eir’s solicitors withdraw, subject to indemnity the allowed smith foy & partners cease acting for eir, provided existing agreement between eir and actavo continued be observed. [2019] iehc 292 come off record as in a personal injuries action, on condition that terms of valid binding

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Courts Service · 2019-05-03 · courts

High Court orders surrender of Roy Kenyon to UK to continue life sentence

high court orders surrender of roy kenyon to uk continue life sentence the rejected objections surrender, finding no exceptional or fundamental rights ground refuse european arrest warrant. [2019] iehc 314 has ordered norman united kingdom, where he is serving a for murder. in judgment delivered on

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Courts Service · 2019-05-03 · courts

High Court awards €92,115 to young woman injured in 2014 collision

high court awards €92,115 to young woman injured in 2014 collision the assessed €90,000 general damages for ongoing pain and headaches, then added agreed special damages. liability was not issue. [2019] iehc 425 awarded shannon ryan €92,115.11 injuries sustained as a back-seat passenger on 26 decemb

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Courts Service · 2019-05-03 · courts

High Court grants AIB summary judgment against two Soljet guarantors

high court grants aib summary judgment against two soljet guarantors mr justice max barrett ruled that elizabeth and laurence murray had not shown an arguable defence to the bank’s claims under their guarantees of limited’s liabilities. [2019] iehc 294 has granted allied irish banks, plc (aib) over

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Courts Service · 2019-05-02 · courts

High Court orders targeted discovery in dispute over Munich property sale proceeds

high court orders targeted discovery in dispute over munich property sale proceeds the ruled on contested document requests a case concerning an agreement to distribute from €41.7 million of building. it did not decide whether that is enforceable. [2019] iehc 276 has ordered both sides disclose spec

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Courts Service · 2019-05-01 · courts

High Court refuses father’s bid for declaration on child’s removal to Belarus

high court refuses father’s bid for declaration on child’s removal to belarus the said belarusian proceedings already addressed whether father consented, and no disputed issue of irish law required its help. [2019] iehc 454 refused an application a that his son had been wrongfully removed belarus, w

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Courts Service · 2019-05-01 · courts

High Court quashes decisions refusing special care referral for anonymised child

high court quashes decisions refusing special care referral for anonymised child the found and family agency committee had no reasonable evidential basis concluding that child’s behaviour failed statutory risk threshold. it did not order a placement. [2019] iehc 635 of ireland has ruled agency’s act

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Courts Service · 2019-05-01 · courts

High Court allows bankruptcy documents to be used at US trial, with privacy safeguards

high court allows bankruptcy documents to be used at us trial, with privacy safeguards the varied a 2014 order permit use of specified family-law in subject court’s existing order. costs remained determined. [2019] iehc 282 has allowed from private irish proceedings concerning bankrupt, identified a

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Courts Service · 2019-05-01 · courts

Court of Appeal sends father’s access challenge back to High Court

court of appeal sends father’s access challenge back to high the concerned how a judicial review circuit order had been constituted. ruled that mother was correctly named as respondent, but required father serve registrar before case returns for hearing. [2019] ieca 124 has allowed after struck out

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