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Courts Service · 2019-07-31 · courts

High Court dismisses South African couple’s challenges to protection appeal decision

high court dismisses south african couple’s challenges to protection appeal decision the upheld tribunal’s joint hearing and decision, finding no legal error in its procedure, credibility assessment or consideration of future risk. [2019] iehc 627 dismissed two judicial review proceedings brought by

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Courts Service · 2019-07-31 · courts

High Court upholds CORU sanctions against social worker

high court upholds coru sanctions against social worker the rejected lavinia o’shea’s challenge to two suspensions imposed after disciplinary inquiries, leaving in place a nine-month suspension with conditions and separate 12-month suspension. [2019] iehc 773 has upheld coru’s decisions suspend o’sh

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Courts Service · 2019-07-31 · courts

Court of Appeal dismisses challenge to sexual assault conviction

court of appeal dismisses challenge to sexual assault conviction the rejected arguments that delays, missing evidence and inconsistent jury verdicts made trial unfair or unsafe. separate against sentence was not decided in this judgment. appeal; central criminal (trial court) has dismissed paul flah

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Courts Service · 2019-07-31 · courts

High Court rejects claim that London apartment charge was to be released

high court rejects claim that london apartment charge was to be released the dismissed david langan’s claims over and its transfer promontoria, but left lender’s €4.3 million counterclaim for a further hearing on terms of any order. [2019] iehc 602 court, commercial has rejected ulster bank agreed r

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Courts Service · 2019-07-31 · courts

Court of Appeal dismisses Fortes’ challenge to €5.2m tax judgments

court of appeal dismisses fortes’ challenge to €5.2m tax judgments the affirmed summary for collector general after finding no arguable grounds appeal. 2019 ieca 228 appeal, civil; underlying high proceedings has dismissed appeals by annino forte and corrado against unpaid totalling more than €5.2 m

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Courts Service · 2019-07-31 · courts

High Court dismisses challenge to school expulsion appeal

high court dismisses challenge to school expulsion appeal the rejected claims of perceived bias and unfair procedures in a statutory that upheld an anonymised student. [2019] iehc 595 has dismissed teenager’s judicial review rejection his against from secondary school, finding no reasonable apprehen

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Courts Service · 2019-07-31 · courts

High Court orders limited discovery in loan dispute, including purchase-price records

high court orders limited discovery in loan dispute, including purchase-price records the order covers documents relating to transfer, dealings with two third parties and plaintiff’s purchase price, access price restricted. underlying debt claim remains for trial. [2019] iehc 613 court, commercial h

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Courts Service · 2019-07-31 · courts

High Court refuses two disputed discovery requests against Androula Charilaou

high court refuses two disputed discovery requests against androula charilaou the plaintiffs had agreed other with ninth defendant, but found they not shown that broad for sanders, benstock and havenport documents were relevant. [2019] iehc 611 court, commercial refused plaintiffs’ categories of fro

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Courts Service · 2019-07-31 · courts

High Court rejects council’s claim to disputed Naas forecourt

high court rejects council’s claim to disputed naas forecourt the found no public right of way over parking area at 2 and 3 dara court, but dismissed property owner’s slander title damages claim. [2019] iehc 606 has rejected kildare county that a on corban’s lane in was road, finding council had not

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Courts Service · 2019-07-31 · courts

High Court orders limited discovery in ToAZ share dispute

high court orders limited discovery in toaz share dispute the directed eurotoaz and andrey babichev, separately plaintiffs, to disclose specified documents. it reserved further issues about timing implementation. [2019] iehc 610 court, commercial has ordered a over claims that group of companies was

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Courts Service · 2019-07-31 · courts

High Court dismisses final challenge to seven-year exclusion period

high court dismisses final challenge to seven-year exclusion period the held that minister’s review decision gave sufficient reasons for excluding a polish eu citizen from state seven years. remaining judicial was dismissed. [2019] iehc 596 dismissed ground of ministerial imposing on citizen. mr jus

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Courts Service · 2019-07-31 · courts

Court of Appeal lifts injunction restraining Breccia from enforcing security over Sheehan’s shares

court of appeal lifts injunction restraining breccia from enforcing security over sheehan’s shares the allowed breccia’s appeal, ruling that claims remaining after an earlier judgment could lead to damages but did not provide a basis for continuing injunction. [2019] ieca 234 has and discharged had

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Courts Service · 2019-07-31 · courts

Supreme Court judge dissents over disability discrimination case involving Nano Nagle School

supreme court judge dissents over disability discrimination case involving nano nagle school in a separate judgment, mr justice peter charleton agreed that the of appeal’s order should stand, but disagreed with reasoning proposed by another judge. [2019] iesc 000 has set out why he would uphold deci

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Courts Service · 2019-07-31 · courts

Court of Appeal dismisses Patrick O’Connor’s appeals over Cork property proceedings

court of appeal dismisses patrick o’connor’s appeals over cork property proceedings the upheld striking out two cases as an abuse process and left in place a limited order restricting further concerning properties loans. [2019] ieca 235 dismissed against orders sets secured borrowing cork. it also l

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Courts Service · 2019-07-31 · courts

High Court finds bankruptcy cooperation failures over Dalkey property

high court finds bankruptcy cooperation failures over dalkey property the found that godfrey lalor failed to cooperate with official assignee and concealed or disclose his interest in monte rosa. it did not set a final extension bankruptcy, instead inviting submissions on short adjournment allow for

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Courts Service · 2019-07-31 · courts

Supreme Court says Merck injunction should have been granted, but appeal outcome was limited

supreme court says merck injunction should have been granted, but appeal outcome was limited the allowed merck’s over an interim sought against clonmel’s generic inegy product. because supplementary protection certificate had expired and agreed not to seek injunction, did grant one. of ireland sharp

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Courts Service · 2019-07-31 · courts

High Court rules peat extraction at Timoney Bog requires an EPA licence

high court rules peat extraction at timoney bog requires an epa licence the dismissed appeal in substance, finding that drainage and area used to dry cut turf meant commercial operation involved more than 50 hectares. it reserved discussion of final orders. [2019] iehc 755 has ruled integrated pollu

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Courts Service · 2019-07-31 · courts

High Court allows mother to relocate child to US and grants her sole custody

high court allows mother to relocate child us and grants her sole custody the ruled that relocation was in child’s best interests, while setting out contact arrangements for his father leaving final form costs of order be addressed. [2019] iehc 945 court, family law has granted a liberty young son u

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Courts Service · 2019-07-31 · courts

Court of Appeal rejects call for mandatory good-character direction in rape conviction appeal

court of appeal rejects call for mandatory good-character direction in rape conviction the dismissed martin sherlock’s against conviction, finding no general requirement irish law a trial judge to give vye direction. his separate sentence was not decided this judgment. has rejecting argument that sh

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Courts Service · 2019-07-31 · courts

Court of Appeal dismisses Romanian woman’s appeal over refused welfare benefits

court of appeal dismisses romanian woman’s over refused welfare benefits the upheld refusal judicial review jobseeker’s allowance and supplementary allowance, finding residence requirement could apply minister’s assessment was sufficient. it did not decide whether appellant a genuine jobseeker. [201

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Courts Service · 2019-07-31 · courts

Court of Appeal dismisses challenge to €144,788.50 Revenue penalty determination

court of appeal dismisses challenge to €144,788.50 revenue penalty determination the held that affidavit evidence and exhibits gave high a sufficient basis determine liability for penalties over incorrect vat returns. [2019] ieca 230 dismissed cormac lohan’s against he was liable in relating focused

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Courts Service · 2019-07-31 · courts

Appeal court upholds school readmission order but limits its duration

appeal court upholds school readmission order but limits its duration the of dismissed school’s against an interim allowing two anonymised pupils to return while their cases proceeded. it narrowed so lasted only until appeals were heard. appeal, civil has a class challenges exclusion under way, rule

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Courts Service · 2019-07-31 · courts

High Court refuses to quash Silvergrove nursing home cancellation notice

high court refuses to quash silvergrove nursing home cancellation notice the rejected provider’s challenges chief inspector’s decision, leaving in place. a separate district appeal had been lodged. [2019] iehc 774 refused limited’s application cancelling home’s registration, finding no basis grant j

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Courts Service · 2019-07-31 · courts

Supreme Court to ask EU court whether German lawyer can represent Klohn without Irish lawyer

supreme court to ask eu whether german lawyer can represent klohn without irish the decided refer a question about “in conjunction with” requirement cjeu, leaving issue of ms ohlig’s right audience unresolved. has justice european union (cjeu) barbara ohlig volkmar first identifying an irish-qualifi

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Courts Service · 2019-07-31 · courts

Supreme Court sends Nano Nagle School disability case back to Labour Court

supreme court sends nano nagle school disability case back to labour the allowed marie daly’s appeal and ordered a limited reconsideration of her discrimination claim, leaving outcome undecided. has sent involving for reconsideration. it did not decide whether unlawfully discriminated against daly o

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Courts Service · 2019-07-30 · courts

High Court rejects contempt and preliminary-issue motions in Ennis property dispute

high court rejects contempt and preliminary-issue motions in ennis property dispute the interlocutory ruling found no court-order obligation requiring or caseys to pay facilitate a €6,000 monthly licence fee. discovery remained unresolved. [2019] iehc 603 court, commercial dismissed by jim egan seek

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Courts Service · 2019-07-30 · courts

High Court makes no costs order after appeal over €15,000 fund limit was dismissed

high court makes no costs order after appeal over €15,000 fund limit was dismissed the refused former resident’s request for and declined board’s bid to recover its from him. each party must bear own costs. [2019] iehc 579 has made as following dismissal of a on benefits residential institutions sta

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Courts Service · 2019-07-30 · courts

High Court rules negligence claim against solicitors was statute barred

high court rules negligence claim against solicitors was statute barred the found that plaintiff suffered actual loss when a property transaction completed in 2005, and his 2013 proceedings were out of time. [2019] iehc 590 has ruled plaintiff’s breach contract firm barred. ms justice o’regan held a

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Courts Service · 2019-07-30 · courts

Supreme Court dismisses appeal over receiver’s appointment to Glenbeigh garage

supreme court dismisses appeal over receiver’s appointment to glenbeigh garage the upheld high court’s orders requiring tim sheahan give possession of retail and service station receiver brian mcenery, ruling that bank’s receiver-appointment power survived 2009 legislation. has dismissed sheahan’s a

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Courts Service · 2019-07-30 · courts

High Court orders redacted interim report on Independent News and Media inspection

high court orders redacted interim report on independent news and media inspection the applicants will receive specified paragraphs of inspectors’ progress report, with all other excluded to protect confidential evidential material. [2019] iehc 589 has ordered that in an investigation into plc a cop

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Courts Service · 2019-07-30 · courts

Supreme Court sends Kevin Tracey defamation motion back for rehearing

supreme court sends kevin tracey defamation motion back for rehearing the allowed tracey’s appeal and remitted to high court, without deciding underlying claim. has in a case against independent star limited gerard colleran, sending defendants’ rehearing. judgment dated 30 july 2019, mr justice john

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Courts Service · 2019-07-30 · courts

Supreme Court upholds dismissal of Traceys’ duplicate High Court claim

supreme court upholds dismissal of traceys’ duplicate high claim the found plenary proceedings repeated issues already before circuit court, but narrowed a restriction on future litigation. upheld kevin and karen tracey’s proceedings, finding that they court. it also an order restricting couple from

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Courts Service · 2019-07-30 · courts

Court of Appeal dismisses Minister’s appeals over family visa refusals

court of appeal dismisses minister’s appeals over family visa refusals the upheld orders quashing refusal decisions in two judicial review cases, finding that dependency test applied was too restrictive. it directed matters return to minister for further decisions, subject advice on current state ap

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Courts Service · 2019-07-30 · courts

Court of Appeal cuts cocaine smuggling sentence from 30 years to 23

court of appeal cuts cocaine smuggling sentence from 30 years to 23 the found original disproportionate and resentenced martin wanden years, while rejecting his argument that a co-accused’s reduced set proper limit. has wanden’s for role in an attempted importation 1,554kg prison, finding disproport

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Courts Service · 2019-07-30 · courts

Supreme Court sends Kevin Tracey’s defamation motion back to High Court

supreme court sends kevin tracey’s defamation motion back to high the appeal concerned an evening herald report about assault allegation and a prior noise nuisance case. allowed remitted for rehearing. has in case against independent newspapers (ireland) limited three named respondents, his did not

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Courts Service · 2019-07-30 · courts

Supreme Court sends Kevin Tracey’s newspaper case back for rehearing

supreme court sends kevin tracey’s newspaper case back for rehearing the set aside high order and remitted motion to court, applying reasons given in a related irish times case. has sent his against independent newspapers (ireland) limited four individuals rehearing. judgment dated 30 july 2019, mr

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Courts Service · 2019-07-30 · courts

Court of Appeal upholds eight-year manslaughter sentence after knife killing

court of appeal upholds eight-year manslaughter sentence after knife killing the dismissed juraci da silva’s appeal, finding no error in sentencing judge’s assessment offence, mitigation or concurrent for producing a during dispute. has against an manslaughter, offence mitigating circumstances. silv

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Courts Service · 2019-07-30 · courts

Court of Appeal dismisses liquidator’s appeal over late handover of company records

court of appeal dismisses liquidator’s over late handover company records the upheld a finding that anthony fitzpatrick breached an order to deliver star elm frames’ by 15 august 2016, but imposed no fine. it increased high costs award from 75% all costs. [2019] ieca 231 dismissed fitzpatrick’s agai

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Courts Service · 2019-07-30 · courts

Supreme Court dismisses Traceys’ appeal over strike-out of planning damages claim

supreme court dismisses traceys’ appeal over strike-out of planning damages claim the said couple had not shown an arguable legal basis for claims against state or dublin city council. it also held that their absence from high hearing did not, by itself, decide appeal. has dismissed kevin and karen

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Courts Service · 2019-07-30 · courts

High Court refuses to order return of three children from England

high court refuses to order return of three children from england the declined parents’ request for be brought back ireland after finding that courts and wales had jurisdiction over their parental responsibility. [2019] iehc 641 refused returned responsibility all three. it also separate proceedings

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Courts Service · 2019-07-30 · courts

Court of Appeal dismisses appeal against return order for two children to British Columbia

court of appeal dismisses against return order for two children to british columbia the upheld high court’s finding that were wrongfully removed from canada and ordered their return, subject appropriate undertakings reflecting any material changes in circumstances. [2019] ieca 227 has dismissed a mo

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Courts Service · 2019-07-30 · courts

Court of Appeal rejects Dunnes’ challenge over €15m Point Village payment

court of appeal rejects dunnes’ challenge over €15m point village payment the upheld an order requiring release funds under a 2010 settlement and also dismissed for inspection lease documents. [2019] ieca 233 has two appeals by dunnes stores in dispute with development limited (in receivership), lea

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Courts Service · 2019-07-30 · courts

Supreme Court revives Tracey defamation case over Irish Times report

supreme court revives tracey defamation case over irish times report the held that claim was arguable and should return to high court, without deciding whether article privileged or defamatory. has allowed kevin tracey’s appeal against dismissal of his action an report, finding only be considered by

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Courts Service · 2019-07-30 · courts

High Court rules most FAI records withheld from corporate enforcement director are privileged

high court rules most fai records withheld from corporate enforcement director are privileged the ordered that passages in 14 of 16 documents remain undisclosed, while specified two were not protected by legal professional privilege. [2019] iehc 953 ruled produced football association ireland (fai)

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Courts Service · 2019-07-29 · courts

High Court sets aside delayed third-party notices in Ongar pyrite cases

high court sets aside delayed third-party notices in ongar pyrite cases the ruled that liffey developments had not shown it acted as soon reasonably possible seeking to join tracey enterprises and keegan quarries two homeowners’ proceedings. [2019] iehc 608 set served by (dublin) ltd. on (dundrum) p

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Courts Service · 2019-07-29 · courts

Court of Appeal dismisses challenge to three sexual assault convictions

court of appeal dismisses challenge to three sexual assault convictions the rejected arguments that trial judge showed bias, intervened unfairly or gave an unbalanced jury charge. has dismissed p.k.’s against for assault, finding judge’s interventions and charge did not make unfair demonstrate objec

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Courts Service · 2019-07-29 · courts

High Court orders removal of restriction on post-flight spouses’ reunification

high court orders removal of restriction on post-flight spouses’ reunification the order followed court’s earlier ruling that excluding marriages entered after an international protection application was unconstitutional. minister’s statutory investigation and refusal powers remain. [2019] iehc 588

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Courts Service · 2019-07-29 · courts

High Court quashes Bahrain protection appeal decision over use of 2017 country report

high court quashes bahrain protection appeal decision over use of 2017 country report the found procedural and legal errors in tribunal’s credibility assessment sent case back for fresh consideration. [2019] iehc 587 quashed an international appeals tribunal refusing a bahraini man subsidiary protec

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Courts Service · 2019-07-29 · courts

High Court refuses leave for McEvoys’ challenge to Medical Council complaint decision

high court refuses leave for mcevoys’ challenge to medical council complaint decision the found applicants had not shown an arguable case quash council’s take no further action on their about two doctors. [2019] iehc 580 has refused peter and linda mcevoy bring judicial review proceedings challengin

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Courts Service · 2019-07-29 · courts

High Court quashes protection appeal decision over treatment of medical report

high court quashes protection appeal decision over treatment of medical report the found appeals tribunal had not properly considered a key medico-legal and sent case back for fresh consideration. [2019] iehc 585 has quashed refusing an anonymised malawian applicant international protection, finding

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Courts Service · 2019-07-29 · courts

Court of Appeal dismisses challenge to convictions in historic sexual offence case

court of appeal dismisses challenge to convictions in historic sexual offence case the rejected four grounds argued against on eight counts, leaving separate sentence outside scope this judgment. has dismissed an a man identified as ar for counts rape and indecent assault following seven-day trial c

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Courts Service · 2019-07-29 · courts

Supreme Court dismisses appeal over €9.68m Bank of Scotland judgment

supreme court dismisses appeal over €9.68m bank of scotland judgment jerry beades’s challenged a 2012 summary on procedural and evidential grounds. the found no basis to overturn it. [s:le:ie:2012:000425] ireland has dismissed against high ordering him pay plc €9,684,987.04, plus costs. upheld decis

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Courts Service · 2019-07-29 · courts

High Court quashes decisions made after applicant withdrew residence review

high court quashes decisions made after applicant withdrew residence review the held that minister could not continue a fraud inquiry under 2015 regulations s his application review. it quashed three related decisions; no finding had committed fraud. [2019] iehc 584 has immigration concerning an ind

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Courts Service · 2019-07-29 · courts

Court of Appeal dismisses seven appeals in construction workers’ pay dispute

court of appeal dismisses seven appeals in construction workers’ pay dispute the found that portuguese contractors’ handling litigation amounted to an abuse process. it dismissed their against damages awarded former employees over underpayment and substandard accommodation. [2019] ieca 237 has by th

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Courts Service · 2019-07-29 · courts

High Court refuses to set aside renewal of former prisoner’s summons

high court refuses to set aside renewal of former prisoner’s summons the allowed patrick carpenter’s claim proceed past a challenge renewal, citing seriousness allegations and recent related decision. it did not decide whether his would succeed. [2019] iehc 586 has refused state defendants’ applicat

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Courts Service · 2019-07-29 · courts

Court of Appeal dismisses MG’s appeal against rape convictions

court of appeal dismisses mg’s against rape convictions the rejected challenges to trial judge’s handling corroboration and dismissed conviction appeal. a separate concerning sentence was not addressed in this judgment. has two for anal rape, finding that unfair or unsatisfactory jury’s verdict unsa

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Courts Service · 2019-07-26 · courts

High Court refuses appeal certificate in Odeh judicial review case

high court refuses appeal certificate in odeh judicial review case the said proposed legal question did not arise from its earlier judgment and was uncertain. [2019] iehc 574 has refused an application by jeff okuomose odeh, rhoda their minor son, angelou owen for a that would allow to of on point l

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Courts Service · 2019-07-26 · courts

High Court dismisses mortgage claim over Cavan land on limitation grounds

high court dismisses mortgage claim over cavan land on limitation grounds the was not satisfied that lender had proved when final loan payment made, leaving it unable to find proceedings were brought within applicable 12-year period. [2019] iehc 669 dismissed a lender’s for repayment of secured agai

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Courts Service · 2019-07-26 · courts

High Court dismisses Nigerian man’s challenge to rejection of protection appeal

high court dismisses nigerian man’s challenge to rejection of protection appeal the found no legal basis overturn tribunal’s assessment risk in borno state or its credibility findings, including treatment medical evidence. [2019] iehc 581 has dismissed a judicial review international appeals his app

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Courts Service · 2019-07-26 · courts

Supreme Court permits limited EU-law argument in peat extraction appeal

supreme court permits limited eu-law argument in peat extraction appeal the ruled that friends of irish environment may rely on eia directive when arguing how planning law should be interpreted, but not as a stand-alone claim. has ltd article 2(1) environmental impact assessment way during its over

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Courts Service · 2019-07-26 · courts

High Court assesses €89,938.06 in damages for ongoing nasal injuries after collision

high court assesses €89,938.06 in damages for ongoing nasal injuries after collision the assessed general and special a garda whose obstruction, numbness cosmetic concerns continued road collision. judgment records assessment damages, but no further order. [2019] iehc 592 of €80,000 €9,938.06 david

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Courts Service · 2019-07-26 · courts

Supreme Court grants three defendants direct appeals in Morrissey case

supreme court grants three defendants direct appeals in morrissey case the allowed hse, quest and medlab to appeal directly from high court, setting limits on grounds directing an accelerated case-management timetable. granted health service executive, diagnostics ireland limited pathology leave pro

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Courts Service · 2019-07-26 · courts

Court of Appeal dismisses challenge to four-and-a-half-year sentence

court of appeal dismisses challenge to four-and-a-half-year sentence the found no error in sentencing judge’s approach custody credit or rehabilitation, and held that global was not excessive. has dismissed christopher black’s against severity a prison imposed for two robberies possession heroin wit

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Courts Service · 2019-07-26 · courts

National Museum liable after visitor injured on staircase, High Court finds

national museum liable after visitor injured on staircase, high court finds the found that a missing handrail along full staircase and steps’ shiny, slippery surface contributed to visitor’s fall. it awarded €66,989.59 no contributory negligence. [2019] iehc 593 of ireland for injuries suffered by w

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Courts Service · 2019-07-26 · courts

High Court orders Galway land lis pendens vacated over delay in nephew’s claim

high court orders galway land lis pendens vacated over delay in nephew’s claim the found unreasonable and inferred proceedings were not being pursued bona fide. its order removes but leaves underlying on foot. [2019] iehc 572 has ordered a registered against lands county to be vacated, finding that

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Courts Service · 2019-07-26 · courts

High Court allows limited cross-examination in liquidator removal case

high court allows limited cross-examination in liquidator removal case the granted leave on asset preservation and left questions about waste funding to judge hearing underlying application. it rejected three other topics. [2019] iehc 637 has allowed print display limited’s application remove liam d

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Courts Service · 2019-07-25 · courts

High Court strikes out Irish malicious prosecution claim over French proceedings

high court strikes out irish malicious prosecution claim over french proceedings the ruled that ireland lacked jurisdiction claim. it also said, had existed, action would have been struck as a collateral attack on decisions. [2019] iehc 568 has by philip smyth alleging civil brought against him in f

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Courts Service · 2019-07-24 · courts

Court of Appeal dismisses challenge to Romanian national’s removal order

court of appeal dismisses challenge to romanian national’s removal order the upheld high court’s refusal quash decision, finding that minister had assessed appellant’s conduct and relevant mitigating circumstances. [2019] ieca 219 has dismissed an against a three-year exclusion period imposed on nat

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Courts Service · 2019-07-24 · courts

High Court quashes protection decision over internal relocation reasoning

high court quashes protection decision over internal relocation reasoning the ordered international appeals tribunal to reconsider an albanian applicant’s case after finding it had relied on without applying required test. [2019] iehc 564 quashed a refusing man and remitted his (ipat) for fresh cons

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Courts Service · 2019-07-24 · courts

High Court declines to add property-sale condition to McKennas’ settlement

high court declines to add property-sale condition mckennas’ settlement the found written did not require ennis property finance sell secured before payment obligation arose. [2019] iehc 565 has refused read a into between seamus and marlyn mckenna dac, ruling that agreement include requirement. pro

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Courts Service · 2019-07-24 · courts

High Court quashes decision on Bangladeshi man’s Irish residence application

high court quashes decision on bangladeshi man’s irish residence application the found legal errors in how minister assessed household membership and said applicants should receive general guidance about material sought. it upheld separate conclusion that evidence did not establish dependency. [2019

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Courts Service · 2019-07-24 · courts

High Court refuses leave for Martins’ non-damages claims against NALM

high court refuses leave for martins’ non-damages claims against nalm the ruled that four counterclaim paragraphs required under nama act, but found no substantial issue or sufficient reason late application. [2019] iehc 598 refused patrick and noel martin to pursue national asset loan management da

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Courts Service · 2019-07-23 · courts

High Court dismisses Algerian man’s challenge to subsidiary protection refusal

high court dismisses algerian man’s challenge to subsidiary protection refusal the extended time for judicial review application but found no basis overturn appeals tribunal’s decision. [2019] iehc 582 dismissed an of his appeal, while extending allowed him bring proceedings. mr justice richard hump

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Courts Service · 2019-07-23 · courts

Supreme Court upholds refusal of refugee-status appeal after missed judicial review deadline

supreme court upholds refusal of refugee-status appeal after missed judicial review deadline the held that khalid’s challenge was an impermissible collateral attack on earlier decisions should have been challenged through review. it also rejected minister’s argument deportation had made moot. [2019]

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Courts Service · 2019-07-23 · courts

Court of Appeal dismisses solicitor’s bid to halt redundancy dismissal

court of appeal dismisses solicitor’s bid to halt redundancy dismissal the upheld refusal an interlocutory injunction requiring byrne wallace keep paying laurence kearney while his substantive proceedings continue. [2019] ieca 206 has dismissed kearney’s against that would have restrained from imple

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Courts Service · 2019-07-23 · courts

High Court refuses Midlands Prison inmate’s claims over cell sharing, diet and Crohn’s care

high court refuses midlands prison inmate’s claims over cell sharing, diet and crohn’s care the extended time for judicial review but found evidence did not establish a breach of applicant’s rights or entitle him to relief he sought. [2019] iehc 594 has refused requests guarantee single-cell accommo

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Courts Service · 2019-07-23 · courts

High Court rules Beacon Court apartment owners have no general right through hotel

high court rules beacon apartment owners have no general right through hotel the held could restrict use of connecting doors, while preserving emergency egress from apartments lobbies and stairwells. [2019] iehc 556 has ruled that occupiers at one in sandyford to pass adjacent hotel. it leisure inve

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Courts Service · 2019-07-23 · courts

High Court dismisses challenge to refusal of Nigerian man’s permission to remain

high court dismisses challenge to refusal of nigerian man’s permission remain the rejected remaining grounds a judicial review, finding no unlawfulness in review decision. it noted that deportation order had been issued. [2019] iehc 573 has dismissed decision upholding ireland. found also said separ

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Courts Service · 2019-07-23 · courts

Court of Appeal dismisses teacher’s challenge to vetting notification

court of appeal dismisses teacher’s challenge to vetting notification the upheld high court’s conclusion that teaching council complied with statutory timing requirement when it decided notify national bureau. [2019] ieca 204 has dismissed an anonymised over ireland’s decision bureau a concern relat

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Courts Service · 2019-07-23 · courts

High Court restrains peat-extraction exemption rules pending full hearing

high court restrains peat-extraction exemption rules pending full hearing an interlocutory injunction preserves planning enforcement powers while a judicial review challenges 2019 regulations. the has not decided underlying challenge. [2019] iehc 555 proposed restraining implementation of and develo

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Courts Service · 2019-07-23 · courts

High Court dismisses most deportation challenge as out of time, adjourns remaining ground

high court dismisses most deportation challenge as out of time, adjourns remaining ground the dismissed challenges to an earlier permission-to-remain process and related grounds late, while adjourning a limited order pending appeal decision. [2019] iehc 575 nigerian applicant’s judicial review but a

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Courts Service · 2019-07-23 · courts

Court of Appeal dismisses challenge to company’s dissolution

court of appeal dismisses challenge to company’s dissolution the concerned loire valley limited’s removal from companies register after it failed file annual returns. said an available statutory restoration procedure had not been used. [2019] ieca 210 dismissed arnaud d. gaultier’s against refusal h

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Courts Service · 2019-07-23 · courts

Court of Appeal refuses former director more time to appeal 2015 order

court of appeal refuses former director more time to 2015 order the rejected anne kelly’s application, finding she had not shown that intended within allowed. [2019] ieca 207 has refused application for a high made in may 2015, formed an intention concerned by baker j on 19 relating kelly trucks lim

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Courts Service · 2019-07-23 · courts

Court of Appeal dismisses challenge to receiver’s injunction over Meath property

court of appeal dismisses challenge to receiver’s injunction over meath property the left in place an interim order protecting a access secured property, finding strong arguable case while disputed issues remained for trial. [2019] ieca 211 has dismissed seamus murphy’s against interlocutory restrai

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Courts Service · 2019-07-23 · courts

Court of Appeal cuts sentence for man in €269,109 drug case to six years

court of appeal cuts sentence for man in €269,109 drug case to six years the quashed original and imposed years, finding that appellant’s early plea, cooperation strong record community service warranted greater mitigation. has replaced a 10-year sentence, with final three suspended, six-year prison

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Courts Service · 2019-07-23 · courts

High Court refuses injunction to stop solicitors’ partnership dissolution

high court refuses injunction to stop solicitors’ partnership dissolution the ruling leaves dispute over whether notice was valid for a full trial. made no final finding on that issue. [2019] iehc 577 refused david hodgins’s application an duncan hodgins and elizabeth mckeever taking steps dissolve

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Courts Service · 2019-07-23 · courts

Court of Appeal quashes directed acquittals in oil laundering case

court of appeal quashes directed acquittals in oil laundering case the held that evidence from a search under warrant had been wrongly excluded. it allowed prosecution’s and said would hear submissions on whether to order retrial. has quashed f.r. a.r. charges keeping prohibited goods, ruling obtain

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Courts Service · 2019-07-22 · courts

Court of Appeal rejects Cork cannabis sentence appeal

court of appeal rejects cork cannabis sentence the found no unjustified disparity between william power’s and his co-accused’s, sentencing error warranting intervention. appeal; court: circuit criminal has dismissed against severity sentences imposed for possessing supply, leaving in place a 10-year

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Courts Service · 2019-07-22 · courts

High Court rejects IRA membership double-jeopardy argument in extradition case

high court rejects ira membership double-jeopardy argument in extradition case the found that a 2017 conviction state did not bar prosecution northern ireland over alleged activity 2014, but sought further information on two training-related charges before deciding surrender. [2019] iehc 562 rejecte

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Courts Service · 2019-07-22 · courts

Tenant gets leave to bring proceedings over apartment house rules

tenant gets leave to bring proceedings over apartment house rules the high court granted joseph kennedy permission apply under multi-unit developments act 2011. judgment decided only whether he could proceedings, not management company’s were unlawful. [2019] iehc 552 a dublin has been by concerning

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Courts Service · 2019-07-22 · courts

High Court found legitimate expectation over Defence Forces paramedic course eligibility

high court found legitimate expectation over defence forces paramedic course eligibility the held that changing advertised academic pool from leaving certificate holders to include level 5 nqf applicants crossed line, narrowly, into a expectation. [2019] 378 jr ruled applicant had candidates for two

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Courts Service · 2019-07-22 · courts

Court of Appeal dismisses quarry negligence appeal after only one partner appealed

court of appeal dismisses quarry negligence after only one partner appealed the held that a high order dismissing joint partnership claim bound non-appealing plaintiff as well appellant. [2019] ieca 205 has dismissed david cole’s against court’s dismissal alleging and breach contract over legal serv

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Courts Service · 2019-07-22 · courts

High Court refuses leave to appeal challenge over deportation reasons

high court refuses leave to appeal challenge over deportation reasons the dismissed m.n. (malawi)’s application for after finding proposed question did not meet test exceptional public importance. [2019] iehc 560 has a judgment refusing quash review decision and consequential order. in delivered on

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Courts Service · 2019-07-22 · courts

Court of Appeal dismisses cannabis sentence appeal by Wesley Purse

court of appeal dismisses cannabis sentence by wesley purse the upheld concurrent five-year and four-year prison terms, finding sentencing judge had properly balanced offences’ gravity appellant’s mitigation. appeal; clonmel circuit criminal (plea sentence) has dismissed purse’s against severity sen

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Courts Service · 2019-07-22 · courts

Court of Appeal rules compelled driver answers can be used in road traffic prosecutions

court of appeal rules compelled driver answers can be used in road traffic prosecutions the dismissed an and answered a case stated by ruling that answer under section 107 act 1961 may admitted prosecution act. [2019] ieca 239 has ruled given compulsion as evidence against accused it stephen burke’s

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Courts Service · 2019-07-22 · courts

Court of Appeal extends suspended term in Cork eye-stabbing sentence

court of appeal extends suspended term in cork eye-stabbing sentence the found that two-year element did not adequately recognise mitigation, increased it to three years and otherwise left place. 256/17 part denis o’sullivan’s from two after finding original allowance for mitigation was inadequate.

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Courts Service · 2019-07-22 · courts

High Court dismisses two challenges over immigration permission applications

high court dismisses two challenges over immigration permission applications the held that eu treaty rights permissions did not count as under section 4 of act 2004, leaving applicants unable to make they sought. [2019] iehc 583 has dismissed judicial review by krishan kant and a second applicant id

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Courts Service · 2019-07-22 · courts

High Court restricts Gillstone directors for five years

high court restricts gillstone directors for five years the made restriction declarations against john gill and sharon after finding they had not shown acted honestly responsibly in affairs of limited. it also criticised gaps liquidator’s account company’s property sale. [2019] iehc 554 has declared

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Courts Service · 2019-07-19 · courts

High Court orders further disclosure on loan transfer deeds in €4m debt case

high court orders further disclosure on loan transfer deeds in €4m debt case the adjourned part of defendants’ document inspection motion to allow lender provide definitions and explain a redaction. underlying claim remains for later hearing. [2019] iehc 605 court, commercial has application just ov

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Courts Service · 2019-07-19 · courts

High Court refuses surrender of terminally ill man to Poland

high court refuses surrender of terminally ill man to poland the found that serve a ten-month sentence would seriously affect respondent’s remaining life and family, public interest did not outweigh impact. [2019] iehc 563 refused an application p.w. under european arrest warrant, finding impact on

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Courts Service · 2019-07-19 · courts

Court of Appeal dismisses challenge to 10-year sentence for knife attack

court of appeal dismisses challenge to 10-year sentence for knife attack the ruled that sentence, with its final two years suspended, was severe but within available range an left people life-threatening injuries. [265/18] appeal; sligo circuit criminal (sentencing court) has dismissed patrick mcmor

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Courts Service · 2019-07-19 · courts

Court of Appeal dismisses challenge to Cork convictions

court of appeal dismisses challenge to cork convictions the rejected three grounds appeal, including claims that jury should have been discharged over evidence heard during trial. has dismissed an by a man identified as bob against his for burglary, criminal damage, threatening cause damage and brea

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Courts Service · 2019-07-19 · courts

High Court quashes interim sole-custody order made without a fair hearing

high court quashes interim sole-custody order made without a fair hearing the set aside district transferring sole custody to father after finding it had been continued mother having meaningful chance challenge psychologist’s report. [2019] iehc 542 has quashed decision granting of his daughter, tha

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Courts Service · 2019-07-19 · courts

High Court quashes refusal of naturalisation application for child born in Ireland

high court quashes refusal of naturalisation application for child born in ireland the held that minister had erred law by treating child’s father’s good character as a condition application. [2018] iehc 535 has quashed decision refusing to after finding wrongly treated her judicial review concerned

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Courts Service · 2019-07-19 · courts

Court of Appeal dismisses appeal against four-and-a-half-year sentence

court of appeal dismisses against four-and-a-half-year sentence the found global for a series serious offences was within available range and upheld decision not to suspend any part it. has dismissed christina joyce’s severity prison imposed committed on 9 april 2018. in judgment delivered 19 july 2

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Courts Service · 2019-07-19 · courts

High Court makes no costs order in Shannon will construction case

high court makes no costs order in shannon will construction case after finding that a disputed devise covered two cork folios, the ruled each party must bear its own costs. [2019] iehc 604 made as to dispute between executor andrew and beneficiary henry shannon. pay judgment delivered on 19 july 20

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Courts Service · 2019-07-18 · courts

Court of Appeal dismisses appeal against rape conviction

court of appeal dismisses against rape conviction the rejected challenges to trial judge’s directions on recklessness and corroboration, leaving sentence in place. dismissed j.k.’s his for rape, rejecting two jury. j.k. had been tried central criminal counts relating alleged incidents 21 january 7 m

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Courts Service · 2019-07-18 · courts

High Court dismisses barrister’s five consolidated claims against Bar Council figures

high court dismisses barrister’s five consolidated claims against bar council figures the ruled that eugenie houston had not made out a prima facie case. it awarded costs her, stayed pending appeal, and gave defendants liberty to apply prevent future proceedings. [2019] iehc 601 dismissed actions br

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Courts Service · 2019-07-18 · courts

Court of Appeal rejects bid to strike out ToAZ conspiracy claim

court of appeal rejects bid to strike out toaz conspiracy claim the dismissed an by eurotoaz limited and its director, leaving plaintiffs’ proceed. it did not decide whether alleged or document forgery occurred. [2019] ieca 218 has andrey babichev, against a refusal action brought four companies ove

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Courts Service · 2019-07-18 · courts

Court of Appeal says Belfry investors’ negligence claims were out of time

court of appeal says belfry investors’ negligence claims were out time the allowed defendants’ appeals, finding accrued when loan-to-value covenants agreed. it left an un 결정ed statutory issue for high court. [2019] ieca 217 appeals by allied irish banks plc and several director defendants in litigat

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Courts Service · 2019-07-18 · courts

Court of Appeal quashes rape convictions over jury directions

court of appeal quashes rape convictions over jury directions the allowed mohamed okda’s conviction appeal, finding serious shortcomings in trial judge’s directions. it left question a retrial for further submissions. has against three convictions, ruling that his was unsatisfactory and unsafe becau

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Courts Service · 2019-07-18 · courts

High Court to enter judgment on loan balances, with default interest left for trial

high court to enter judgment on loan balances, with default interest left for trial the found no arguable defence claimed balances apart from interest. it said would be entered amounts in latest affidavit, subject submissions and any necessary corrections. [2019] iehc 527 court, commercial has ruled

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Courts Service · 2019-07-18 · courts

Supreme Court grants leave in disability allowance exportability dispute

supreme court grants leave in disability allowance exportability dispute the appeal will address whether statutory social welfare appeals process must be exhausted when it cannot provide a remedy for an allegedly invalid eu categorisation. of ireland has granted catalin petecel and maria to over ref

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Courts Service · 2019-07-17 · courts

Court of Appeal dismisses Rafertys’ appeals over Roscommon family home mortgage

court of appeal dismisses rafertys’ appeals over roscommon family home mortgage the upheld a high possession order, finding evidence before trial judge supported and transfer findings. it refused to revisit case on excluded from appeal. [2019] ieca 215 has dismissed patrick patricia raftery’s agains

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Courts Service · 2019-07-17 · courts

Solicitors allowed to leave record after insurer’s lengthy delay in declining cover

solicitors allowed to leave record after insurer’s lengthy delay in declining cover the high court permitted for first defendant come off record, while requiring insurer bear specified costs. it did not decide whether was entitled decline cover. [2019] iehc 550 defendant, arthur o’leary, a personal

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Courts Service · 2019-07-17 · courts

High Court strikes down refugee family reunification rule and quashes refusals

high court strikes down refugee family reunification rule and quashes refusals the held that a requiring marriage to predate an international protection application was unconstitutional, ordered minister’s refusal decisions quashed in two joined cases. [2019] iehc 547 has declared unconstitutional l

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Courts Service · 2019-07-17 · courts

High Court quashes protection decision over assessment of Pakistani mother’s risk

high court quashes protection decision over assessment of pakistani mother’s risk the found deficiencies in tribunal’s reasoning about to a woman and her two daughters if returned pakistan, while rejecting separate complaint that it had misclassified claim. [2019] iehc 548 has quashed an internation

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Courts Service · 2019-07-17 · courts

Settlement did not bar Official Assignee’s property proceedings, High Court rules

settlement did not bar official assignee’s property proceedings, high court rules the found a 2017 agreement between albert perrin and four creditors bind assignee or give defence credit in separate proceedings over 2012 transfer. [2019] iehc 600 does prevent from pursuing transfer of property, has

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Courts Service · 2019-07-17 · courts

Court of Appeal dismisses appeal over English breathalyser statements

court of appeal dismisses over english breathalyser statements the held that gardaí were not required by 2015 regulations to offer a choice between and irish statements. it also found no unfairness, prejudice or detriment from using in this case. [2019] ieca 196 has dismissed gerard maher’s against

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Courts Service · 2019-07-17 · courts

High Court sends AIB guarantee claim to plenary hearing

high court sends aib guarantee claim to plenary hearing a judge found an arguable defence based on evidence about borrower’s mental health, and refused resolve the guarantors’ liability through summary judgment. [2019] iehc 549 has sent allied irish banks plc’s against two guarantors hearing, findin

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Courts Service · 2019-07-17 · courts

Court of Appeal dismisses challenge to striking out LIBOR defence

court of appeal dismisses challenge to striking out libor defence the upheld removal pleaded claims linking ulster bank’s loans alleged manipulation by its parent, rbs. underlying proceedings will continue on other issues. [2019] ieca 216 has dismissed an laszlo fried and jaszai limited against para

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Courts Service · 2019-07-17 · courts

High Court dismisses solicitor negligence claim over delay

high court dismisses solicitor negligence claim over delay the found that christopher maxwell had not explained his inactivity from july 2016 to october 2018. it dismissed for want of prosecution; alleged professional remained unproven. [2019] iehc 551 maxwell’s against solicitors, finding he allowe

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Courts Service · 2019-07-17 · courts

Irish Court of Appeal declines to rule on father’s child-removal declaration appeal

irish court of appeal declines to rule on father’s child-removal declaration the said had become moot after belarus’s supreme refused order child’s return. it made no and left scope article 15 for a future case. [2019] ieca 208 declined make an seeking that his son’s removal belarus was wrongful, sa

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Courts Service · 2019-07-16 · courts

High Court refuses leave to challenge College Green approval refusal

high court refuses leave to challenge college green approval refusal the ruled that john conway lacked standing an bord pleanála’s of dublin city council’s proposal. it also declined refer questions cjeu. [2019] iehc 525 has refused approve proposed civic plaza and associated traffic works, ruling h

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Courts Service · 2019-07-16 · courts

Court of Appeal dismisses conviction appeal in two-count rape case

court of appeal dismisses conviction in two-count rape case the rejected challenges to identification evidence, jury directions and limits on cross-examination. it considered only; separate against sentence was not addressed this judgment. [202/17] has dismissed an by a man identified judgment as dm

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Courts Service · 2019-07-16 · courts

Court of Appeal refuses Smithwick’s bid to reopen lease appeal judgment

court of appeal refuses smithwick’s bid to reopen lease judgment the said application sought reargue merits and did not establish a denial constitutional justice or unfair procedure. [2019] ieca 197 has refused paul reconsider its in dispute, finding that his arguments meet high threshold for reopen

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Courts Service · 2019-07-16 · courts

High Court finds clamping release fees subject to VAT, defers final order

high court finds clamping release fees subject to vat, defers final order the ruled that a tax appeals commissioner was wrong in law find outside but invited further submissions before making an order. has found charged by nationwide controlled parking systems limited (ncps) are ruling decide otherw

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Courts Service · 2019-07-16 · courts

High Court says District Judge had to hear recording in translation-fairness dispute

high court says district judge had to hear recording in translation-fairness dispute a consultative case over an alleged failure register as sex offender returned no ruling on whether the charge should be dismissed. said trial listen interview circumstances presented. [2019] iehc 557 has ruled that

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Courts Service · 2019-07-15 · courts

Court of Appeal upholds dismissal of claim over alleged lease alteration

court of appeal upholds dismissal claim over alleged lease alteration the ruled that a negligence against garda and state respondents would require relitigating an allegation already settled. it also upheld restriction on further proceedings, subject to leave requirement. [2019] ieca 195 has dismiss

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Courts Service · 2019-07-15 · courts

Court of Appeal quashes sentence in cannabis case and imposes seven years, with final three suspended

court of appeal quashes sentence in cannabis case and imposes seven years, with final three suspended the found errors how circuit assessed value drugs weight given to cannabis, then resentenced respondent from original sentencing date. has quashed a imposed on man who pleaded guilty drug offence in

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Courts Service · 2019-07-15 · courts

High Court dismisses Richard Rooney’s appeal over possession of Swords home

high court dismisses richard rooney’s appeal over possession of swords home the declined to adjourn and upheld circuit order. it found no grounds on which could succeed. [2019] iehc 541 dismissed against a order granting pepper finance corporation (ireland) designated activity company at barley fiel

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Courts Service · 2019-07-15 · courts

Supreme Court restores discovery order in aircraft mechanic’s chemical exposure case

supreme court restores discovery order in aircraft mechanic’s chemical exposure case the allowed employee’s appeal, finding state had not shown that interrogatories would obtain relevant information with substantially fewer resources. for certain categories was limited to his time assigned engine re

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Courts Service · 2019-07-15 · courts

Court of Appeal refuses DPP bid to increase suspended sentence for child cruelty

court of appeal refuses dpp bid to increase suspended sentence for child cruelty the said sentencing judge’s decision suspend a three-year prison term was permissible in light respondent’s rehabilitation. has refused director public prosecutions application review as unduly lenient full woman who pl

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Courts Service · 2019-07-15 · courts

High Court grants Premier League streaming block order until June 2020

high court grants premier league streaming block order until june 2020 the stayed proceedings and allowed against five internet media companies to remain in force 30 2020, with a possible renewal application. [2019] iehc 615 granted football association limited an requiring unauthorised live streams

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Courts Service · 2019-07-15 · courts

High Court refuses appeal leave in immigration case and directs job offer papers to Gardaí

high court refuses appeal leave in immigration case and directs job offer papers to gardaí the dismissed an applicant’s request for earlier judicial review ruling directed minister send concerning a questionable appropriate inquiries. [2019] iehc 536 has refused anonymised applicant judgment dismiss

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Courts Service · 2019-07-15 · courts

High Court allows three insolvency appeals and confirms proposed repayment arrangements

high court allows three insolvency appeals and confirms proposed repayment arrangements the set aside circuit refusals, finding could proceed despite periods when living costs fell below isi guideline figures. [2019] iehc 523 allowed over personal arrangements, overturning refusals confirming arrang

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Courts Service · 2019-07-15 · courts

Court of Appeal increases sentence in Meath drug case to six years

court of appeal increases sentence in meath drug case to six years the found original for a heroin and cocaine offence significantly unduly lenient, quashed it imposed with final year suspended. has increased on ryan callaghan offence, after finding that was lenient. circuit criminal drugs substitut

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Courts Service · 2019-07-15 · courts

High Court dismisses bid to appeal deportation challenge

high court dismisses bid to appeal deportation challenge the applicants’ three proposed questions did not meet case’s procedural or legal requirements, held. [2019] iehc 543 has dismissed an application by diogo de souza and viktoriia langovska for leave a judgment that rejected order against souza.

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Courts Service · 2019-07-11 · courts

High Court quashes visa appeal refusals and orders fresh consideration

high court quashes visa appeal refusals and orders fresh consideration the found minister had failed to properly consider financial dependency evidence relied on several unreasonable grounds in refusing appeals by four pakistani applicants seeking join a uk-based relative ireland. [2019] iehc 517 qu

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Courts Service · 2019-07-11 · courts

High Court orders further disclosure in Billanes’ insurance appeal

high court orders further disclosure in billanes’ insurance appeal the ordered rsa ireland to provide discovery of records about its knowledge insured property and flooding. it found no applicable underwriting manuals existed for online policy process. [2019] iehc 522 has limited documents concernin

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Courts Service · 2019-07-11 · courts

High Court sets aside late third-party notice to Irish Rail

high court sets aside late third-party notice to irish rail the found defendants waited at least six months seek rail’s involvement after they were in a position pursue contribution claim. [2019] iehc 516 has set served on personal injury case, finding that did not join railway company as soon was r

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Courts Service · 2019-07-11 · courts

High Court refuses appeal certificate in deportation case

high court refuses appeal certificate in deportation case the rejected an application to certify two proposed points of law for appeal, finding one set had not been argued at trial and identifying no certifiable point other. [2019] iehc 511 has refused by z.a. a that would have allowed on arising fr

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Courts Service · 2019-07-11 · courts

High Court upholds strike-out of Clerys-related employment prosecutions

high court upholds strike-out of clerys-related employment prosecutions the dismissed minister’s judicial review, finding district acted within its jurisdiction when it struck out remaining charges after a disclosure failure and lengthy delay. [2019] iehc 569 has minister for affairs social protecti

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Courts Service · 2019-07-11 · courts

High Court makes any stay of Colorman shareholder dispute conditional on respondents’ undertaking

high court makes any stay of colorman shareholder dispute conditional on respondents’ undertaking the said should go to expert determination if respondents undertook provide interim protection sought. it gave parties time consider that condition; did not make a final order stay. [2019] iehc 507 cour

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Courts Service · 2019-07-11 · courts

High Court sets aside refusal of Kildare snail farm and house plan

high court sets aside refusal of kildare snail farm and house plan the found that an bord pleanála had not adequately explained why proposal failed rural housing criteria sent planning appeal back for reconsideration. [2019] iehc 505 has set pleanála’s permission a proposed home farming business in

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Courts Service · 2019-07-11 · courts

High Court refuses naturalisation challenge despite finding legal error in Minister’s reasoning

high court refuses naturalisation challenge despite finding legal error in minister’s reasoning the held that 100 days abroad broke required year of continuous residence, so applicant’s to refusal relief failed. [2019] iehc 519 refused all sought by roderick jones a judicial review challenging minis

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Courts Service · 2019-07-11 · courts

High Court quashes visa refusals to Afghan family over unsupported abuse-of-rights finding

high court quashes visa refusals to afghan family over unsupported abuse-of-rights finding the found no factual basis for minister’s conclusion that a uk national was abusing eu free-movement rights by seeking come ireland with his wife and children. [2019] iehc 518 quashed of applications an woman

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Courts Service · 2019-07-11 · courts

High Court awards €88,357 after dental treatment left patient with permanent tongue nerve damage

high court awards €88,357 after dental treatment left patient with permanent tongue nerve damage the defendant had accepted liability for injury. assessed damages physical and psychological effects allowed full special claim. [2019] iehc 509 awarded a woman in instrument caused deep cut to her durin

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Courts Service · 2019-07-11 · courts

High Court dismisses Sugar Sisters’ landlord claim and orders possession of Maynooth units

high court dismisses sugar sisters’ landlord claim and orders possession of maynooth units the rejected tenants’ that their landlords breached quiet enjoyment by enforcing parking limits. it also ordered €15,166 in mesne rates on counterclaim. [2019] iehc 506 dismissed a paul coyle against william l

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Courts Service · 2019-07-11 · courts

High Court quashes visa appeal decision over errors in dependency assessment

high court quashes visa appeal decision over errors in dependency assessment the found minister had overlooked multiple medical receipts and failed to state a specific evidential expectation initial decision. it sent matter back for reconsideration without deciding whether applicant was dependent. [

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Courts Service · 2019-07-11 · courts

High Court grants AIB summary judgment for €333,980.45

high court grants aib summary judgment for €333,980.45 the rejected borrower’s arguments over personal loan accounts and an investment-linked overdraft, finding no arguable defence, including on limitation grounds. [2019] iehc 636 granted allied irish banks plc against thomas mullane, after that he

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Courts Service · 2019-07-11 · courts

High Court refuses challenge to decision rejecting Congolese mother and daughter’s protection appeal

high court refuses challenge to decision rejecting congolese mother and daughter’s protection appeal the found no fatal flaw in tribunal’s assessment of country information or mother’s credibility, declined judicial review reliefs sought. [2019] iehc 546 has refused a application for their internati

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Courts Service · 2019-07-11 · courts

High Court refuses challenge to protection appeal decision

high court refuses challenge to protection appeal decision the rejected grounds it considered in h’s judicial review, while declining address two criticisms that were outside statement of and leave. [2019] iehc 520 has refused application for review a by international appeals tribunal (ipat) rejecti

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Courts Service · 2019-07-11 · courts

High Court quashes refusal of Nigerian woman’s citizenship application

high court quashes refusal of nigerian woman’s citizenship application the found no basis to conclude that ms i failed disclose information or her answers supported a finding she was not good character. it sent back minister for fresh consideration. [2019] iehc 515 has quashed justice decision refus

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Courts Service · 2019-07-10 · courts

High Court refuses to strike out recruitment challenge over delay

high court refuses to strike out recruitment challenge over delay the found plaintiff’s in delivering a statement of claim was inordinate and inexcusable, but refused dismissal after weighing defendants’ own case’s circumstances. it also separate request rule that about an anonymous letter time. [20

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Courts Service · 2019-07-10 · courts

High Court sets aside planning permission after bat report was missing from project website

high court sets aside planning permission after bat report was missing from project website the ruled that omission breached regulations and undermined public participation. it decided only ground of residents association’s judicial review. [2019] iehc 504 set an bord pleanála’s for a residential de

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Courts Service · 2019-07-10 · courts

Dublin Port Company wins possession order after High Court upholds tenant’s renunciation

dublin port company wins possession order after high court upholds tenant’s renunciation the found that automation transport had validly renounced its right to a new tenancy. it dismissed company’s claims over concrete hardstanding and sheds, deferred other repair claims, left timeframe costs for la

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Courts Service · 2019-07-10 · courts

High Court dismisses removal challenge after applicant admits lying under oath

high court dismisses removal challenge after applicant admits lying under oath the dismissed a judicial review to 2016 decision as an abuse of process, citing applicant’s calculated false statements. it did not decide underlying his permanent residence status. [2019] iehc 501 finding that had delibe

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Courts Service · 2019-07-10 · courts

High Court refuses Hales’ motions to set aside bankruptcy petitions

high court refuses hales’ motions to set aside bankruptcy petitions the rejected couple’s interlocutory applications under order 124, finding they had not identified specific court-rule breaches required. it declined and left them proceed adjudication. [2019] iehc 508 court, has refused john hale ma

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Courts Service · 2019-07-09 · courts

High Court finds prison failed to give adequate reasons for segregation

high court finds prison failed to give adequate reasons for segregation the held that repeated notices a prisoner under rule 62 stated formulaic conclusion rather than explaining why restrictions were imposed. it left terms of order and any damages further consideration. [2019] iehc 514 found author

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Courts Service · 2019-07-09 · courts

High Court rejects challenge to refusal of critical skills permit

high court rejects challenge to refusal of critical skills permit the held that reasons given for refusing an it systems administrator’s application were adequate in context, and refused quash decision. [2019] iehc 553 has rejected a judicial review employment permit, finding applicant when read alo

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Courts Service · 2019-07-09 · courts

High Court upholds Law Society’s partial compensation decision

high court upholds law society’s partial compensation decision the dismissed a solicitor’s client’s challenge to €18,822.63 award, finding society could treat unpaid mortgage balance as contingent liability on material before it. [2019] iehc 498 patrick o’donovan jr’s application for judicial review

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Courts Service · 2019-07-09 · courts

High Court dismisses challenge to second deportation order

high court dismisses challenge to second deportation order the rejected a judicial review of decision upholding refusal permission remain, and released minister from an undertaking not deport applicant. [2019] iehc 540 has dismissed pakistani man’s refusing remain in ireland order. also for justice

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Courts Service · 2019-07-08 · courts

Supreme Court dismisses John Kelly’s appeal against AIB

supreme court dismisses john kelly’s appeal against aib the upheld dismissal of claims over information supplied to revenue and a disputed loan repayment, also dismissed bank’s cross-appeal on costs. has high decision striking out his allied irish banks plc (aib). it seeking its had made no order as

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Courts Service · 2019-07-08 · courts

High Court dismisses applicants’ bid for leave to appeal immigration review ruling

high court dismisses applicants’ bid for leave to appeal immigration review ruling the said proposed questions about family rights and article 8 did not provide grounds leave, finding minister had considered relevant matters that applicants raised one point with decision-maker. [2019] iehc 538 has d

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Courts Service · 2019-07-05 · courts

Court of Appeal quashes sexual assault conviction over jury direction

court of appeal quashes sexual assault conviction over jury direction the found that trial judge wrongly told jurors they could consider complainant’s belief when deciding whether alleged was indecent. quashed a man’s after finding it take into account offence proved. in an ex tempore judgment deliv

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Courts Service · 2019-07-05 · courts

Court of Appeal reduces airport trafficking sentence to three and a half years

court of appeal reduces airport trafficking sentence to three and a half years the allowed peter kernan’s against sentence, citing his exceptional voluntary assistance on security. four-year term was set aside replaced. appeal, criminal reduced for helping traffic people through dublin airport, allo

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Courts Service · 2019-07-05 · courts

High Court dismisses school’s appeal over teacher’s unfair dismissal

high court dismisses school’s appeal over teacher’s unfair dismissal the affirmed labour court’s order to re-engage a teacher, finding that an october 2015 contract did not remove her existing protections under dismissals act. [2019] iehc 486 dismissed board of management malahide community against

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Courts Service · 2019-07-05 · courts

Supreme Court dismisses Dunnes Stores appeal over plastic bag levy

supreme court dismisses dunnes stores appeal over plastic bag levy the held covered qualifying bags supplied anywhere in an outlet and rejected challenges to regulations levy’s collection powers. it granted no relief on complaint about assessment details, which could be pursued before commissioners.

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Courts Service · 2019-07-04 · courts

Court of Appeal dismisses challenge to receiver’s appointment and property marketing

court of appeal dismisses challenge to receiver’s appointment and property marketing the upheld high court’s findings that loans had been assigned promontoria (arrow) limited, was valid he could act as charge holder’s agent in properties. [2019] ieca 184 dismissed an by vitgeson limited william farr

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Courts Service · 2019-07-04 · courts

High Court refuses challenge to residence-card refusals for five family members

high court refuses challenge to residence-card refusals for five family members the rejected three grounds against ministerial review decisions, concluding applicants had not shown that decisions should be quashed. [2019] iehc 487 has refused a judicial brought by pakistani nationals challenging uph

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Courts Service · 2019-07-04 · courts

High Court refuses Minister’s appeal over transfer of Edenderry welfare branch employee

high court refuses minister’s appeal over transfer of edenderry welfare branch employee the upheld labour court’s determination that ms dunne’s employment transferred when a contracted office closed and its services moved to department’s intreo office. [2019] iehc 634 has refused minister for affair

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Courts Service · 2019-07-04 · courts

Court orders liquidator to pay appeal costs personally after company’s appeal failed

court orders liquidator to pay appeal costs personally after company’s failed the of ruled that should have been named as applicant in a directions application under companies act. it ordered him unsuccessful appeal. [2019] ieca 186 has anthony fitzpatrick, eteams (international) limited, bank irela

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Courts Service · 2019-07-04 · courts

High Court extends time for defamation claim over Garda complaint

high court extends time for defamation claim over garda complaint the allowed a concerning an alleged 2017 accusation of forgery to proceed out time, while noting that merits and any defence remain trial. [2019] iehc 591 has upheld extension john o’brien pursue against his brother, conor o’brien, sí

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Courts Service · 2019-07-04 · courts

Supreme Court orders full hearing on two defences to €75,000 legal-fees claim

supreme court orders full hearing on two defences to €75,000 legal-fees claim the allowed patrick o’connor’s appeal against summary judgment, finding arguable issues over an alleged conflict of interest and whether payment depended sale a property. it did not decide either issue or underlying claim.

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Courts Service · 2019-07-03 · courts

Court of Appeal dismisses father’s challenge to daughter’s US relocation

court of appeal dismisses father’s challenge to daughter’s us relocation the found no valid ground interfere with high court’s and contact orders, declined vary access without up-to-date evidence. [2019] ieca dismissed a against orders allowing mother his daughter relocate child west coast united st

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Courts Service · 2019-07-03 · courts

Court of Appeal dismisses appeal against 20-month sentence for indecent assaults

court of appeal dismisses against 20-month sentence for indecent assaults the upheld consecutive sentences imposed on an appellant convicted three involving two 15-year-old complainants, finding no error in principle. 258/2017 has dismissed a prison counts assault complainants who were 15 at time of

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Courts Service · 2019-07-03 · courts

Court of Appeal dismisses challenge to surrender over 1972 Northern Ireland killings

court of appeal dismisses challenge to surrender over 1972 northern ireland killings the held that any abuse process arising from a prosecution must be addressed in requesting jurisdiction, and dismissed against high order. [2019] ieca 182 has john anthony downey’s an order surrendering him face two

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Courts Service · 2019-07-03 · courts

Appeal court says €90,000 in hotel dismissal awards must be paid in full under insolvency scheme

appeal court says €90,000 in hotel dismissal awards must be paid full under insolvency scheme the of allowed two former white sands employees’ appeal, finding their circuit did not fall within statutory weekly cap. it deferred deciding precise relief pending further submissions. [2019] ieca 178 has

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Courts Service · 2019-07-03 · courts

Court of Appeal dismisses appeal against indecent assault conviction

court of appeal dismisses against indecent assault conviction the rejected challenges to trial judge’s directions, jury’s deliberations and its different verdicts across three counts. has dismissed an by pp a for assault, finding that was not unfair or unsatisfactory verdict unsafe. convicted on 2 n

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Courts Service · 2019-07-02 · courts

Supreme Court upholds ruling that medical negligence claim was not time-barred

supreme court upholds ruling that medical negligence claim was not time-barred the dismissed defendant’s appeal, finding patient could reasonably rely on a surgeon’s advice his hernia due to pre-existing condition. appeal concerned limitation period, hospital’s or damages award. [2019] iesc 051 of i

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Courts Service · 2019-07-02 · courts

High Court rejects bid to strike out Bank of Ireland possession proceedings

high court rejects bid to strike out bank of ireland possession proceedings the dismissed mccarthys’ application as without merit, refused a recusal request and left any appeal route for appellate courts determine. [2019] iehc 497 has an by jack therese mccarthy proceedings, ruling that application’

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Courts Service · 2019-07-02 · courts

Court of Appeal dismisses challenge to four-year sentence for hospital assault

court of appeal dismisses challenge to four-year sentence for hospital assault the held that sentencing judge was entitled set a five-year headline before mitigation and had sufficiently accounted appellant’s circumstances. has dismissed an against severity sentence, with final year suspended, causi

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Courts Service · 2019-07-02 · courts

Supreme Court appeal dismissed over medical negligence time limit

supreme court appeal dismissed over medical negligence time limit o’donnell j said the plaintiff acquired sufficient knowledge for limitation period in may 2012, when he received an expert report. agreed should be dismissed. eilish hardiman’s a case, with agreeing that proceedings were not statute b

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Courts Service · 2019-07-02 · courts

High Court rejects Aer Arann’s defences to State aid recovery claim

high court rejects aer arann’s defences to state aid recovery claim the accepted state’s arguments on examinership and set-off, but said it would discuss form of orders with parties. [2019] iehc 545 has rejected that an scheme barred pre-examinership any should be reduced by setting off tax was unla

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Courts Service · 2019-07-02 · courts

High Court quashes protection appeal decision over missing documents

high court quashes protection appeal decision over missing documents the found record did not establish that evidence submitted with tribunal’s permission had been considered, and sent back for reconsideration by a different member. [2019] iehc 488 quashed an international appeals tribunal rejecting

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Courts Service · 2019-07-02 · courts

High Court dismisses challenge to deportation order and finds detention lawful

high court dismisses challenge to deportation order and finds detention lawful the rejected judicial review concluded an article 40 inquiry into lawfulness of lin qing’s detention. judgment records that he had been released on bail pending inquiry. [2019] iehc 478 dismissed a his under was lawful. m

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Courts Service · 2019-07-02 · courts

High Court rejects Morrisseys’ claims over NAMA enforcement and family home

high court rejects morrisseys’ claims over nama enforcement and family home the refused all relief sought by carol john morrissey granted capita’s counterclaim, finding january 2014 decision lawful. it made no on against home. [2019] iehc 576 has rejected morrissey’s national asset management agency

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Courts Service · 2019-07-02 · courts

High Court refers asylum inadmissibility dispute to EU court

high court refers asylum inadmissibility dispute to eu three judicial review cases challenging the rejection of protection applications were sent cjeu for guidance. made no final ruling on challenges. [2019] iehc 477 has referred questions justice european union (cjeu) in a group international as in

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Courts Service · 2019-07-02 · courts

High Court refuses Laya request for two categories of HSE documents

high court refuses laya request for two categories of hse documents the discovery ruling concerns a dispute over when private inpatient charges begin; it does not decide how section 52 health act applies. [2019] iehc 502 has refused healthcare limited’s application from service executive in insured

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Courts Service · 2019-07-02 · courts

Appeal court suspends unserved portion of Garda’s harassment sentence

appeal court suspends unserved portion of garda’s harassment sentence the left a three-year in place after finding an error principle, but said terms suspension would be decided hearing counsel. has prison for former garda eve doherty ordered that its suspended, original contained principle. on 2 ju

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Courts Service · 2019-07-02 · courts

Court of Appeal dismisses challenge to sentences for Dublin shop offences

court of appeal dismisses challenge to sentences for dublin shop offences the said three-year concurrent terms were not unduly severe and dismissed appeal. it considered, but declined, increasing aggregate sentence while suspending part it. has mark bissett’s against severity prison imposed robbery

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Courts Service · 2019-07-01 · courts

Court of Appeal rejects DPP bid to increase sentence for violent disorder

court of appeal rejects dpp bid to increase sentence for violent disorder the dismissed an application review kieran murray’s sentences as unduly lenient, leaving in place a requiring him serve one year prison, subject suspension conditions. has director public prosecutions imposed on murray offence

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Courts Service · 2019-07-01 · courts

High Court dismisses two immigration judicial reviews over permission applications

high court dismisses two immigration judicial reviews over permission applications the rejected discovery and cross-examination requests held that applicants’ proposed challenges to deportation proceedings were premature. [2019] iehc 537 dismissed review brought by people whose for remain in ireland

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Courts Service · 2019-07-01 · courts

High Court partly quashes protection appeal decision over internal relocation assessment

high court partly quashes protection appeal decision over internal relocation assessment the found tribunal had not properly assessed whether to johannesburg would be reasonable for applicant and her family, sent matter back same member. [2019] iehc 512 has quashed an international appeals refusing

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