Courts Service · 2019-06-28 · courts
high court refuses ryanair’s bid to suspend aircrew tax law pending challenge the found an arguable case that could infringe eu freedom of establishment, but refused interim injunction and declined refer questions at this stage. [2019] iehc 469 court, commercial has application temporarily prevent u
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Courts Service · 2019-06-28 · courts
high court dismisses appeal over €15,000 cap on former residents’ support the upheld refusal of a medical services grant to an anonymised resident who had already received about €40,000 from statutory fund. [2019] iehc 472 {'name': 'high court', 'country': 'ireland'} has dismissed by against for ser
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Courts Service · 2019-06-28 · courts
high court orders preliminary hearing on whether medical negligence claim is time-barred the directed that limitation and related issues be heard before full trial, but did not decide barred. [2019] iehc 494 has ordered a brought by ciara gannon maguire time-barred. mr justice noonan’s ruling does i
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Courts Service · 2019-06-28 · courts
court of appeal dismisses challenge to informal identification evidence the upheld trial judge’s decision admit after finding witness’s recognition was based on facial recognition, not appellant’s lack footwear. has dismissed mark carlisle’s against his conviction, ruling that an procedure fundament
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Courts Service · 2019-06-28 · courts
high court refuses challenge to five-year removal order against polish man mr justice keane rejected the applicant’s grounds for judicial review of minister’s 2016 decision, which reaffirmed a and exclusion period. [2019] iehc 470 has refused national’s application ministerial decision reaffirming h
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Courts Service · 2019-06-28 · courts
high court dismisses challenge to prosecution over alleged delay the found no culpable prosecutorial overall, despite a period when garda management should have given greater priority locating applicant. it dismissed her judicial review and made temporary order restricting identification. [2019] ieh
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Courts Service · 2019-06-28 · courts
high court directs arbitrator to refer esb compensation question the order requires a case be stated on whether €66,000 in access payments should count when for an electricity line is assessed. did not decide that question. [2019] iehc 475 has directed statutory property legal about land court. earl
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Courts Service · 2019-06-28 · courts
high court sends bangladesh protection appeal back for corrections and clarification the dismissed two judicial review grounds but remitted remaining issues to same tribunal member. it did not quash tribunal’s decision. [2019] iehc 485 has sent a rejected international member correct or clarify part
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Courts Service · 2019-06-27 · courts
high court dismisses bid to stop costs taxation, ruling it lacked jurisdiction mr justice noonan ruled that a final order made in 2005 left the without hear defendant’s delay application same proceedings. he said judicial review could address alleged unfairness taxation process. [2019] iehc 495 {'na
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Courts Service · 2019-06-27 · courts
court of appeal upholds remand for review suspended sentence the ruled that 2017 statutory procedure applied when was imposed a later offence, even though guilty plea preceded law’s commencement. [2019] ieca 176 circuit judge required to william kirwan dublin district consideration whether revoke se
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Courts Service · 2019-06-27 · courts
court of appeal upholds refusal bail in dutch surrender case the dismissed barry mcardle’s appeal, finding no error high court’s assessment risk he would fail to attend a hearing. [2019] ieca 174 (civil) has against while proceedings over his netherlands remain pending. judgment delivered on 27 june
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Courts Service · 2019-06-27 · courts
high court allows two former inm executives to use disclosed documents in planned claims the granted limited permission from inspector-appointment proceedings bring over an alleged data interrogation. it did not decide whether wrongdoing occurred or any rights were breached. [2019] iehc 467 has perm
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Courts Service · 2019-06-27 · courts
court of appeal dismisses romanian man’s over bail refusal in extradition case the upheld high court’s while a surrender hearing under european arrest warrant remains pending, finding substantial risk he would abscond if released. [2019] ieca 175 (civil); from has dismissed petronel pal’s against co
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Courts Service · 2019-06-26 · courts
high court quashes residence-card review decision over lack of reasons the set aside minister’s refusal to recognise a pakistani man as his british brother’s permitted family member and sent matter back for reconsideration. [2019] iehc 466 has quashed refusing qaiser mehmood’s application residence
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Courts Service · 2019-06-26 · courts
high court refuses state bid to dismiss 16-year-old ship operators’ case the found plaintiffs’ delay inordinate and inexcusable but refused strike out proceedings, which were ready for trial. [2019] iehc 468 has a application long-running brought by operators richard grant, gurtel limited lasta mara
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Courts Service · 2019-06-26 · courts
high court refuses hse executive’s bid to remain saolta ceo pending wrc claim the held it had no jurisdiction grant interim orders in a dispute reserved for statutory employment process. did not decide whether maurice power was entitled contract of indefinite duration. [2019] iehc 462 has refused po
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Courts Service · 2019-06-26 · courts
court of appeal allows asylum-transfer on who may use dublin iii discretion the held that decision-making body exercise humanitarian to keep an asylum application in ireland, but did not decide family’s should be examined here. [2019] ieca 183 has allowed part over transfer a mother and her three ch
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Courts Service · 2019-06-25 · courts
high court dismisses claim over taxi collision after finding pedestrian ran against red light the tried liability as a preliminary issue and found was caused solely by plaintiff’s negligence. it dismissed his claim; judgment did not determine damages. [2019] iehc 951 has man’s driver that he into si
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Courts Service · 2019-06-25 · courts
court of appeal affirms winding-up order for decobake limited the rejected directors’ appeal, finding that a statutory demand had been served at company’s registered office and company not paid debt within 21 days. [2019] ieca 169 appeal; underlying by high (keane j.) has refused an limited’s direct
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Courts Service · 2019-06-25 · courts
high court refuses engineer’s bid to strike out homeowners’ defects claim the judge found plaintiffs’ delay inexcusable but ruled that balance of justice narrowly favoured letting their proceed. case was move immediately into management. [2019] iehc 496 has refused an application a couple’s over all
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Courts Service · 2019-06-25 · courts
high court dismisses challenge to rejection of pakistani man’s protection appeal the rejected arguments that tribunal had failed assess evidence, explain its credibility findings or consider risk harm on return. [2019] iehc 539 has dismissed a application quash international appeals tribunal’s his a
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Courts Service · 2019-06-25 · courts
court of appeal reduces sentences for dublin public indecency and image offences the quashed circuit substituted an aggregate term five years eight months, with final 18 months suspended on same conditions. has reduced imposed barry watters in possession child pornography, substituting sentence susp
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Courts Service · 2019-06-25 · courts
court of appeal dismisses jh’s challenge to convictions for rape and sexual assault the rejected an arguing that jury’s verdicts were perverse, leaving on seven counts in place. has dismissed against rape, attempted assault, declining reassess view evidence. jh was convicted central criminal 5 febru
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Courts Service · 2019-06-25 · courts
court of appeal rejects challenge to sentence for theft from widow the dismissed an against severity a three-year prison sentence, with final 12 months suspended, five counts involving €19,380 taken woman’s account. 323/18 has william butler’s imposed counts, leaving in place three years’ imprisonme
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Courts Service · 2019-06-25 · courts
high court asks eu how lithuanian warrant based on norwegian conviction should be assessed the reference concerns whether ireland may surrender a man to lithuania serve remainder of sentence first imposed in norway. set out preliminary views but did not decide request. [2019] iehc 558 has asked just
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Courts Service · 2019-06-24 · courts
court of appeal increases sentence for serious knife assault the found original unduly lenient, citing excessive mitigation and insufficient evidence to justify suspending two years. increased imposed on jamie coughlan causing harm kim wall, replacing a six-year term with final years suspended six-a
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Courts Service · 2019-06-24 · courts
high court orders surrender over two polish warrants despite earlier specialty breach the rejected an abuse of process objection after finding detention was not deliberate and poland had given assurances that would be observed. [2019] iehc 544 has ordered a man to under european arrest warrants, rej
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Courts Service · 2019-06-24 · courts
court of appeal dismisses gibneys’ challenge to receiver’s possession orders the upheld interim giving receiver ken tyrrell three mortgaged properties, while leaving underlying ownership and debt issues for trial. [2019] ieca 168 has dismissed damian irene gibney’s against requiring them deliver pro
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Courts Service · 2019-06-24 · courts
high court quashes notice to cancel two children’s passports the found communicated a prospective cancellation decision without proper opportunity make submissions first. it sent matter back minister for foreign affairs and trade reconsider. [2019] iehc 559 quashed letter notifying children that the
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Courts Service · 2019-06-24 · courts
court of appeal dismisses burglary sentence the found no error in five-year sentence, with final year suspended, for a which 70 cents was taken. dismissed thomas healy’s against prison 12 months burglary. said sentencing judge had made principle and imposed within his discretion. healy pleaded guilt
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Courts Service · 2019-06-21 · courts
high court refuses habeas corpus inquiry over cork prison detention the found no stateable ground to challenge remaining days of a contempt sentence after supreme upheld circuit order. [2019] iehc 510 has refused direct an into david walsh in prison, dismissing application brought on his behalf unde
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Courts Service · 2019-06-21 · courts
high court refuses challenge to subsidiary protection decision the rejected an anonymised bangladeshi applicant’s on its merits and did not decide whether there was good reason extend filing deadline. [2019] iehc 448 has refused judicial review of a that he eligible for in ireland. mr justice david
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Courts Service · 2019-06-21 · courts
high court sets aside permission for 197 homes in bearna over planning and assessment errors the found material breaches of county development plan an unlawful habitats screening. it rejected a separate challenge concerning landowner consent. [2019] iehc 450 has proposed order setting bord pleanála’
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Courts Service · 2019-06-21 · courts
high court dismisses bangladesh couple’s challenge to protection appeal decisions mr justice richard humphreys held that the tribunal’s assessment of husband’s risk persecution was reasonably open it. judicial review proceedings were dismissed. [2019] iehc 484 has dismissed a married refusing their
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Courts Service · 2019-06-21 · courts
high court dismisses malawi national’s challenge to deportation order the held that minister could rely on earlier protection decisions when considering non-refoulement, and dismissed judicial review proceedings. [2019] iehc 489 a by m.n. (malawi) decision concerning non-refoulement order. it also d
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Courts Service · 2019-06-21 · courts
high court refuses to strike out challenge transfer of bray family home the found undue influence claim could not be said bound fail before a full hearing, while allowing plaintiff four weeks seek leave amend her pleadings. [2019] iehc 451 has refused an application by daniel kinsella proceedings br
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Courts Service · 2019-06-21 · courts
high court refuses algerian woman’s challenge to subsidiary protection decision the rejected both grounds of a judicial review tribunal’s refusal find her eligible for protection. tribunal remains in place. [2019] iehc 449 has refused an application denying eligibility case challenged international
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Courts Service · 2019-06-21 · courts
high court awards school its costs after student’s judicial review is dismissed the rejected request for a partial award over school’s late concession on automatic expulsion. proposed order stayed pending appeal. [2019] iehc 453 has that student pay respondent dismissing his challenge to disciplinar
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Courts Service · 2019-06-20 · courts
high court rules agency cannot wait for a secure-care place before applying an order the found child and family agency’s policy inconsistent with statutory duty to apply special care after determining required care. [2019] iehc 435 ruled that (cfa) acted unlawfully by treating availability of fully
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Courts Service · 2019-06-20 · courts
high court refuses challenge to refusal of residence card for pakistani applicant the found review had been conducted under applicable 2006 regulations despite an incorrect reference later rules in decision letter. [2019] iehc 446 has refused a judicial brought by nauman qureshi and his brother usam
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Courts Service · 2019-06-20 · courts
high court finds state must make reasonable efforts to assign irish-speaking district judge ms justice ní raifeartaigh quashed a decision refusing an accused who wished present his case in irish. the precise declaration and other relief remained be decided after further argument. [2019] iehc 503 has
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Courts Service · 2019-06-20 · courts
high court says employee can rely on employer’s orders in insurance charge the answered a district judge’s stated question “yes”, holding that an employee’s use of vehicle owner’s express is defence under section 56(6), even where lacked licence required by policy. [2019] iehc 418 has ruled charged
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Courts Service · 2019-06-20 · courts
high court grants summary judgment over personal loan and company guarantee the found that defendant had not shown a fair or reasonable probability of bona fide defence awarded plaintiff amount claimed. [2019] iehc 473 granted to feniton property finance designated activity against eugene mccool for
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Courts Service · 2019-06-20 · courts
high court refuses challenge to residence-card review after finding wrong-law reference was a template error the accepted that officials reviewed application under 2006 regulations, despite decision letter referring 2015 rules. it refused judicial and did not quash decision. [2019] iehc 447 has upho
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Courts Service · 2019-06-20 · courts
high court rejects wheatfield prisoner’s challenge to disciplinary process the found no sufficient basis quash decisions arising from a cell search and hearing, including handling of cctv, knife an appeal form. [2019] iehc 445 has refused prison case after finding that gerald dunne had not establish
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Courts Service · 2019-06-20 · courts
high court finds state must make reasonable efforts to assign irish-speaking district judge the ruling arose from a judicial review over an accused man’s request present his defence in irish. quashed decision but had not yet settled precise wording of declaration sought. [2019] iehc 503 has found th
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Courts Service · 2019-06-19 · courts
high court lists tracey case for jury call-over after discovery dispute the directed that kevin tracey’s plenary be listed action on 20 june 2019, rejecting his objection to listing. [2019] iehc 452 despite and continuing concerns about discovery. ruling, dated 19 did not decide underlying claim or
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Courts Service · 2019-06-19 · courts
high court refuses nigerian woman’s challenge to refugee status decision the rejected three grounds challenging a tribunal’s finding that adequate state protection was available in nigeria and its treatment of past persecution police reports. [2019] iehc 443 has refused application for judicial revi
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Courts Service · 2019-06-07 · courts
high court refuses challenge to visa refusal for egyptian chef the upheld minister’s of a work visa, finding no basis quash decision on grounds raised. [2019] iehc 412 has refused an application judicial review challenging national ahmed elmebayad, who sought enter ireland proposed job as middle eas
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Courts Service · 2019-06-06 · courts
high court declines to order immediate recovery of two trucks in setanta dispute the granted an restraining dealings with vehicles and ordered disclosure records, but left disputed mandatory relief for a later hearing. [2019] iehc 483 declined tom kane motors ltd francis (otherwise fran) mcguiness r
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Courts Service · 2019-06-06 · courts
high court allows start mortgages to replace permanent tsb in possession proceedings the procedural substitution was granted ex parte while registration of mortgage transfer remained pending. defendant must be served with order and advised rights challenge it contest transfer. [2019] iehc 414 has al
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Courts Service · 2019-06-06 · courts
high court declares service of florida bank’s summons sufficient the rejected maurice mcilwraith’s and brussels i regulation arguments in a motion concerning judgment entered default appearance. [2019] iehc 405 declared that on mcilwraith was sufficient, rejecting his challenge to argument (recast)
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Courts Service · 2019-06-06 · courts
high court declines to order release of former solicitor’s files the clients had not paid outstanding fees and established negligence or reasonable cause for ending retainer, said. [2019] iehc 404 declined a solicitor case two who his fees. it also declare that was entitled rely on lien over files.
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Courts Service · 2019-06-06 · courts
high court awards costs to applicants after proceedings settled the dispute before mr justice max barrett concerned alone. he rejected dublin city council’s request reduce or deny applicants’ because they had not sent a warning letter that law did require. [2019] iehc 406 has ordered council pay of
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Courts Service · 2019-06-06 · courts
high court awards wicklow site buyer €77,435 after seller refused to complete sale the found contract remained binding, rejected seller’s counterclaim and ordered return of buyer’s deposit. her husband’s claim was dismissed because he not party contract. [2019] iehc 383 a has been awarded €77,435.72
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Courts Service · 2019-06-06 · courts
high court sanctions ballantyne re creditor restructuring over esm objection the rejected esm’s challenges to a scheme approved by overwhelming majorities of two classes, finding it fair and reasonable under companies act 2014. [2019] iehc 407 court, commercial sanctioned for plc, rejecting objectio
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Courts Service · 2019-06-06 · courts
second defendant awarded 60% of costs in revenue tax proceedings the high court found had not shown that external factors made its against moot, but limited her recovery to 60%. [2019] iehc 437 ordered commissioners pay after became moot. did decide whether she owed or rule on underlying family law
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Courts Service · 2019-06-06 · courts
high court finds €152,504 plus vat remains due for architectural work the rejected firm’s €1.13 million claim and found that a march 2010 settlement agreement left owing. it held later to reduce debt was unsupported by consideration. [2019] iehc 570 remained heatherridge associates limited services,
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Courts Service · 2019-06-06 · courts
high court refuses challenge to refusal of pakistani chef’s irish visa the rejected saleem akhtar’s judicial review minister’s decision uphold refusal, finding no legal basis set it aside. [2019] iehc 411 has refused application for a upholding his enter ireland. mr justice david keane delivered jud
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Courts Service · 2019-06-06 · courts
high court dismisses claim over injury on st maarten jet-boat excursion the judge found boat was safe for advertised ride and that passenger’s not caused by negligence. [2019] iehc 408 has dismissed a woman’s against cruise company travel agent after she fractured her elbow during high-speed in maar
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Courts Service · 2019-06-06 · courts
high court quashes decision refusing pervaiz’s eu family-member application the ordered minister to reconsider application, finding serious legal flaws in how “durable relationship” applications were assessed. it did not decide whether pervaiz qualified. [2019] iehc 403 has quashed for justice’s rev
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Courts Service · 2019-06-06 · courts
high court dismisses challenge to refusal of residence card after marriage-of-convenience finding the held that minister was entitled find marriage one convenience and reject application. it dismissed judicial review proceedings, including challenges a later permanent-residence application refusal.
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Courts Service · 2019-06-06 · courts
high court dismisses appeal in prison injury case over late piab application details the held that limitation period was not suspended until alleged accident date supplied to injuries board december 2016. [2019] iehc 386 has dismissed thomas clarke’s against dismissal of his personal proceedings, ho
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Courts Service · 2019-06-06 · courts
high court rules breccia is entitled to dividends on sheehan’s blackrock hospital shares the rejected joseph claim receive directly, finding that mortgage them after loan default. further orders were left for argument. [2019] iehc 410 court; commercial has ruled declared in limited (bhl), securing h
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Courts Service · 2019-06-06 · courts
high court limits discovery in kelleher’s confidential information case the ordered disclosure two defined categories covering newspaper articles and allegedly disseminated by a former nalm employee, while declining three broader requests. [2019] iehc 392 has limited garrett against national asset l
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Courts Service · 2019-06-05 · courts
court of appeal refuses late bid over forfeiture order linked to northern bank robbery the declined extend time for an against a high decision refusing judicial review relief money seized from timothy cunningham’s home and later forfeited. [2019] ieca 164 has refused application more that rejected h
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Courts Service · 2019-06-05 · courts
high court refuses surrender to poland under european arrest warrant mr justice binchy refused on all three offences, citing an unresolved evidential issue one and statutory protections for proceedings where the respondent was absent others. [2019] iehc 433 has application a man covering enforceable
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Courts Service · 2019-06-05 · courts
high court grants danske bank summary judgment on €1.5m guarantee claim the rejected three proposed defences to bank’s claim, finding they did not show a fair or reasonable probability of bona fide defence. states capped liability at €1.5 million but does specify amount judgment. [2019] iehc 381 has
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Courts Service · 2019-06-05 · courts
court of appeal refuses waterford credit union access to stock exchange reports the allowed davy’s against a high discovery order, finding relevant and necessary but refusing their disclosure because waterford’s solicitors had used information obtained under an undertaking in separate proceedings. [
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Courts Service · 2019-06-05 · courts
court of appeal refuses over dismissal 1986 birth injury claim the upheld high court’s proceedings against hse north west area, finding that delay was inordinate and inexcusable a fair trial no longer possible. [2019] ieca 156 has refused an by paul gallagher affirmed his health service executive ar
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Courts Service · 2019-06-05 · courts
court of appeal upholds costs order in carlow demolition case the dismissed appellants’ challenge to high court’s order, holding that planning legislation gave discretion measure proceedings under section 160. [2019] ieca 155 has an over awarded after unauthorised a building at 25 dublin street, car
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Courts Service · 2019-06-04 · courts
high court rules personal injury claim was brought in time the allowed an appeal after finding that limitation clock stopped when piab acknowledged receipt of prescribed application form, despite a missing medical report. [2019] iehc 380 has jamie connolly’s against dismissal his claim, ruling not s
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Courts Service · 2019-06-04 · courts
supreme court rules land certificate lien ended under 2006 act the allowed gerard hannon’s appeal, holding that an unregistered by deposit over registered ceased at end of 2009. it left other possible claims and validity registrations undecided. has appeal against a decision recognising promontoria
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Courts Service · 2019-06-04 · courts
high court dismisses albanian applicant’s challenge to protection appeal decision the held that tribunal was entitled find discrimination, harassment and isolated violence described did not reach legal threshold for persecution. [2019] iehc 474 has dismissed a judicial review by an applicant who sai
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Courts Service · 2019-06-04 · courts
supreme court judge urges clearer drafting of plastic bag levy laws in concurring observations, justice john macmenamin said the provisions were capable definition and stressed that environmental aims do not displace need for clear laws. a has warned legislation governing was drafted an overly compl
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Courts Service · 2019-06-04 · courts
high court dismisses challenge to deportation order the rejected five grounds challenging minister’s decision, finding that an eu treaty rights application had not been made before order. it dismissed judicial review and discharged any stay on deportation. [2019] iehc 440 a against diogo de souza, m
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Courts Service · 2019-06-04 · courts
high court grants receiver possession order in coldwater lakes dispute the rejected a resident’s adverse-possession defence at interlocutory stage, finding his occupation could not defeat mortgagee’s title. [2019] iehc 382 has granted kieran wallace an for of house lakes, saggart, after that philip
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Courts Service · 2019-06-04 · courts
supreme court judge says 2006 law ended equitable mortgages created by depositing land certificates in a separate judgment agreeing with the chief justice, justice dunne explained that certificate holders had three-year period to register lien and preserve their security. court’s has agreed an mortg
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Courts Service · 2019-06-04 · courts
appeal court raises future damages for woman with wrist fracture to €15,000 the of increased award pain and suffering after finding high court’s €5,000 figure disproportionately low. it left €20,000 date unchanged. [2019] ieca 165 awarded denise rowley a sustained on holiday, that was substituted pa
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Courts Service · 2019-06-04 · courts
high court refuses challenge to deportation order against father of irish citizen child the rejected both grounds judicial review, finding minister had considered child’s rights and that applicants not established required unreasonableness. [2019] iehc 375 has refused a review made an child, rejecti
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Courts Service · 2019-06-04 · courts
high court finds dublin rear-end crash caused soft-tissue injuries and chronic pain the assessed general damages at €85,000 accepted €15,268 for future dental treatment, but left special a later hearing before making decree. [2019] iehc 374 found that 2013 collision in primary school teacher moderat
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Courts Service · 2019-06-04 · courts
high court says legal aid board cannot override court’s scheme recommendation the found board’s refusal to consider fees for earlier judicial review proceedings was unlawful, but left precise form of its order a further hearing. [2019] iehc 385 has ruled that could not disregard an paul o’shea’s cos
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