Courts Service · 2019-12-27 · courts
high court grants three-month special care order and clarifies motion procedure the granted child family agency’s application under act 1991 set out how later motions in proceedings should be titled. [2019] iehc 917 agency a full section 23h of 1991, together with related directions review dates, ca
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Courts Service · 2019-12-23 · courts
high court continues injunction over protest at ballinamore property remcoll 2 limited obtained a continuing interlocutory covering its rock centre while claims against six named defendants and persons unknown proceed to trial. [2019] iehc 942 the has continued an restricting protest-related conduct
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Courts Service · 2019-12-23 · courts
high court quashes refusal of visa appeal for british man’s ill mother the found several legal and procedural flaws in minister’s decision sent matter back fresh consideration. it did not decide application itself. [2019] iehc 883 has quashed minister justice equality’s faizaan ali agha’s over a his
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Courts Service · 2019-12-23 · courts
high court dismisses ryanair bid to stop former coo joining easyjet the found peter bellew’s 12-month non-compete covenant binding but too broad enforce because it covered airlines and roles beyond ryanair’s demonstrated legitimate interests. [2019] iehc 907 dismissed action seeking a against chief
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Courts Service · 2019-12-21 · courts
high court orders restoration of unauthorised works at monkstown site the found that three categories work carried out in june 2017 amounted to development. it directed restoration, with precise form order be settled after hearing counsel. [2020] iehc 15 has drainage excavation, moving a gate and ch
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Courts Service · 2019-12-20 · courts
high court strikes out damages claim over 2007 imprisonment for debt the held that a later ruling invalidating law used committal could not ground after underlying orders had become final. it also rejected an asserted jury entitlement constitutional rights alone. [2019] iehc 926 has struck gerard ma
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Courts Service · 2019-12-20 · courts
court of appeal overturns extension time in family law judicial review the found high had not adequately assessed respondent’s changing explanations for delay or effect an on appellant. [2019] ieca 326 appeal; dublin circuit court; district has allowed against a order extending and quashing directio
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Courts Service · 2019-12-20 · courts
court of appeal dismisses challenge to trespass conviction and sentence the said record showed jamie maher had pleaded guilty found that arguments about withdrawing or challenging plea not been raised at appropriate stage. [2019] ieca 322 (civil); prior high portlaoise district proceedings has dismi
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Courts Service · 2019-12-20 · courts
supreme court dismisses appeal over settled €160,000 loan dispute the upheld high court’s decision to strike out patrick malone’s claim as bound fail after he had earlier possession proceedings brought by catherine allison. has dismissed against a striking his and settlement concerning lands in coun
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Courts Service · 2019-12-20 · courts
high court rejects bid to remove circuit judge from waste prosecution retrial the found that judge’s prior rulings on evidence and witness credibility did not establish objective bias, while acknowledging stepping aside might have been wise. [2019] iehc 918 has refused michael murphy’s application w
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Courts Service · 2019-12-20 · courts
high court rejects bid to change depuy hip implant claims process the refused requests limit depuy’s ability seek medical records and raise causation, amend adr scheme’s stay on litigation, or let applicants leave scheme obtain trial dates. [2019] iehc 922 has rejected an application by claimants in
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Courts Service · 2019-12-20 · courts
high court quashes cherrywood housing permission over inadequate eia reasons the accepted council’s concession on its environmental assessment reasoning and remitted planning application for a fresh decision, while leaving applicant’s other challenge grounds undecided. [2019] iehc 890 quashed dun la
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Courts Service · 2019-12-20 · courts
high court says wind farm permission must be quashed over hen harrier assessment the found gaps in of impacts from 12 approved turbines, but postponed deciding whether to remit planning appeal for a further determination. [2019] iehc 888 court, commercial ruled that an bord pleanála’s 12-turbine nea
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Courts Service · 2019-12-20 · courts
court of appeal upholds dismissal fitzsimons’ property case but lifts filing restriction the ruled that a prior circuit possession order could not be challenged through later proceedings. it set aside on further filings, finding this was first as plaintiff. [2019] ieca 336 upheld leslie against tana
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Courts Service · 2019-12-20 · courts
high court leaves solicitor’s costs assessment unchanged after review the rejected five challenges by monica leech to taxing master’s of fees and outlays owed her former solicitors. [2019] iehc 881 has declined alter a solicitor-client mccann fitzgerald, rejecting all grounds she raised in taxation.
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Courts Service · 2019-12-20 · courts
high court awards courier €140,000 over ankle injury and workplace bullying the assessed damages after an order for judgment in default of appearance. it found employer liable unsafe a repeated pattern bullying. [2019] iehc 916 awarded finding his at its depot psychological harm caused by decision,
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Courts Service · 2019-12-20 · courts
supreme court quashes murder conviction after finding jury direction on intoxication inadequate the ruled that juries must consider whether an accused actually formed intent for and counsel’s closing speeches cannot repair a legal deficiency in judge’s charge. it adjourned indictment while dpp consi
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Courts Service · 2019-12-20 · courts
high court dismisses bank appeal over laois homeowner’s insolvency arrangement the upheld a circuit decision confirming arrangement, finding its statutory requirements were met. remains entitled to pursue any interest her discharged-bankrupt husband may hold in home. [2019] iehc 889 has dismissed of
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Courts Service · 2019-12-20 · courts
supreme court overturns murder conviction over intoxication direction the found jury had been incorrectly directed on relationship between and intent, returned prosecution to central criminal decide whether retry accused or accept his manslaughter plea. [2020] iesc 000 has overturned celyn eadon’s c
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Courts Service · 2019-12-20 · courts
court of appeal allows state’s over engineer’s promotion and equality claims the set aside declarations that diane byrne qualified for state breached directive, finding required further conditions she had not first used statutory redress route. [2019] ieca 338 has allowed against high concerning byr
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Courts Service · 2019-12-20 · courts
high court sets aside order renewing prison assault summons the found earlier renewal rested on an incomplete account of why personal injuries had not been served and was sought late. [2019] iehc 923 set a brought by faisal ellahi over alleged at midlands prison. mr justice brian o’moore ruled 20 de
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Courts Service · 2019-12-20 · courts
high court orders waratek plaintiffs to provide security for costs the found defendants had a prima facie defence but left amount of be decided after further submissions. [2019] iehc 903 court, commercial has ordered three corporate in dispute over 2017 merger defendants’ costs. mr justice quinn sai
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Courts Service · 2019-12-20 · courts
court reduces dangerous driving sentence to four years, suspending final year the of appeal quashed five-year imposed after david byrne’s conviction for causing death. it left his lifetime disqualification in place. has reduced death from five years four, year. by circuit and unchanged. delivered it
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Courts Service · 2019-12-20 · courts
court of appeal dismisses roy webster’s challenge to murder conviction the rejected arguments that trial judge inadequately explained provocation and intent required for murder, leaving in place. has dismissed against his killing anne shorthall, finding judge’s directions jury were appropriate. webs
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Courts Service · 2019-12-20 · courts
court of appeal restores district court’s power to award costs against the dpp allowed an over a order made after two assault prosecutions were withdrawn, ruling that rules could not remove statutory dpp. [2019] ieca 320 has concerning director public (dpp), rule restrict without primary legislation
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Courts Service · 2019-12-20 · courts
appeal court allows former sligo tenant to pursue limited damages claims the of let a printing-business add for breaches repair and quiet-enjoyment covenants, period before 7 january 2015. other parts his were dismissed. [2019] ieca 331 has allowed town premises against ulster bank (ireland) limited
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Courts Service · 2019-12-20 · courts
court of appeal dismisses mother’s challenge to refusal judicial review leave the upheld high court’s let a.r. bring proceedings over care orders affecting her daughters, while leaving open a general question about how such appeals should be heard. [2019] ieca 323 has dismissed a.r.’s against decisi
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Courts Service · 2019-12-20 · courts
court of appeal dismisses vincent banks’s against ira membership conviction the upheld special criminal court’s rulings on december 2012 arrest, interview evidence and a senior garda’s belief evidence. five-year sentence remained undisturbed. has dismissed his for an organisation styling itself iris
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Courts Service · 2019-12-20 · courts
court of appeal reduces sentence for single-punch assault to two years, suspends balance the quashed a three-year with its final year suspended and substituted two-year term, suspending immediately on good-behaviour bond. has reduced westport stonemason’s replacement allowing him leave custody subje
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Courts Service · 2019-12-20 · courts
high court upholds employment tax ruling for domino’s pizza delivery drivers the rejected company’s appeal against a determination that were employees purposes in 2010 and 2011. it held commissioner had not been shown to have made an error of law. 2019 no. 31 r has upheld appeals commissioner’s enga
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Courts Service · 2019-12-19 · courts
supreme court dismisses appeal over fairness of trial on historic sexual offence charges the held that evidence heard at trial, including appellant’s son’s account an admission, was sufficient to reject claim death a potential witness made unfair. has dismissed by c.c. against ruling his could proce
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Courts Service · 2019-12-19 · courts
court of appeal rules defective bail notices made committal warrants void the allowed appeals by sean moynihan and kenneth forde, finding invalid because they omitted warning that non-payment could lead to imprisonment. [2019] ieca 321 has ruling issued after money was estreated were sent them a req
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Courts Service · 2019-12-19 · courts
court of appeal would quash committal warrants over missing prison warning in two joined appeals, mr justice edwards concluded that notices about bail estreatment had to use the prescribed form, including a non-payment could lead imprisonment without further notice. [2019] ieca 321 allowed appeals b
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Courts Service · 2019-12-19 · courts
court of appeal dismisses cousin’s challenge to refusal irish residence card the upheld high court’s review minister’s decision, finding evidence did not establish household membership or financial dependency under eu free movement rules. [2019] ieca 330 has dismissed an by sheharyar rahim subhan an
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Courts Service · 2019-12-19 · courts
high court refuses challenge over internal settlement wording in protection appeal the found no indication that international appeals tribunal had misinterpreted or misapplied relevant law. [2019] iehc 869 has refused mr o’s application for relief challenging an decision on his appeal. o been refuge
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Courts Service · 2019-12-19 · courts
supreme court says delayed abuse prosecution should have gone to jury the upheld jury’s verdict, finding that a reliable admission and other evidence meant trial judge was right not stop case over delay. [2020] iesc 000 of ireland has verdict in long-delayed sexual prosecution, concluding leave for
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Courts Service · 2019-12-19 · courts
court of appeal dismisses rape and sexual assault conviction the rejected five grounds appeal, including challenges to jury charge, arrest, access a solicitor during interview admission first interview. has dismissed clement limen’s against his for two counts one count assault, leaving central crimi
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Courts Service · 2019-12-19 · courts
high court refuses late defamation action over irish daily mirror report the declined to extend one-year limit for darren proudfoot sue mgn limited, finding that his former solicitor’s alleged inaction did not justify delay. [2019] iehc 871 has refused permission bring a against limited outside limi
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Courts Service · 2019-12-19 · courts
high court refuses zurich bid to strike out insurance dispute over farm accident the dismissed zurich’s application set aside or third-party proceedings, leaving insurer’s duty indemnify quinns of baltinglass ltd. for a later hearing. [2019] iehc 872 has plc’s proceedings brought by an arising from
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Courts Service · 2019-12-19 · courts
high court orders modular hearing on alleged concealment in belfry investment case the limited issues for a proposed whether postponed limitation period, and ordered revised pleadings. it did not decide occurred or claim is time-barred. [2019] iehc 877 has trial bernadette goodwin’s her right of act
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Courts Service · 2019-12-19 · courts
court of appeal finds errors in structure 15-year sentence sexual abuse case the rejected most grounds appeal, but said sentencing judge had not separately applied general mitigation before considering totality. it adjourned for a later re-sentencing. has found way was structured man convicted offen
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Courts Service · 2019-12-19 · courts
high court sets aside council refusal of couple’s social housing application the ruled that south dublin county could not rely on past ownership a flat in poland to find them ineligible. it sent their back for reconsideration, but dismissed damages claim. [2019] iehc 863 has set council’s polish 201
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Courts Service · 2019-12-19 · courts
court of appeal rejects safdar’s challenge over residence card refusal the dismissed and state’s cross-appeal, holding that safdar could bring his judicial review minister’s reasons for refusing a were adequate. [2019] ieca 329 has an by adnan against as permitted family member british first cousin,
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Courts Service · 2019-12-19 · courts
supreme court dismisses appeal over trial on historic abuse allegations the majority upheld and courts’ decisions that it was just to proceed, despite long delay death of a potentially important witness. dismissed c.c.’s against decision let his child sexual proceed. concerned whether absence deceas
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Courts Service · 2019-12-19 · courts
high court strikes out delayed road accident claim the found plaintiff’s delay in prosecuting a straightforward personal injury action was inordinate and inexcusable, ruled that balance of justice favoured dismissal. [2019] iehc 880 has struck arising from 2009 accident, finding case inexcusable all
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Courts Service · 2019-12-19 · courts
high court dismisses appeal over possession order for cavan home the upheld circuit in kbc bank ireland’s favour, with execution stayed 12 weeks from perfection of order. [2019] iehc 870 has dismissed an by john and anne wilson against granting ireland plc their county cavan. it affirmed order, but
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Courts Service · 2019-12-19 · courts
high court strikes state parties from wind farm judicial review the dismissed proceedings against ireland and attorney general because original pleadings sought no relief them. it also refused a late bid to add reliefs; challenge planning permission itself was not decided in this judgment. [2019] ie
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Courts Service · 2019-12-19 · courts
supreme court says dublin city council must assess separated parent’s housing needs without weighing resources the allowed an appeal over classification of a father’s household, ruling that whether family members reasonably require to live together be assessed case by case. [s:ap:ie:2019:000003] has
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Courts Service · 2019-12-19 · courts
court of appeal dismisses challenge to refusal eu residence card the upheld high court’s discretionary judicial review after applicants did not respond concerns raised during statutory process. [2019] ieca 328 has dismissed an by a. r. and n. k. against a application for r., pakistani national who s
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Courts Service · 2019-12-19 · courts
high court refuses albanian man’s challenge to international protection appeal decision the rejected arguments that tribunal made adverse findings without notice and lacked authority decide his appeal. it also raised concerns, in an obiter comment, about requiring applicants swear their religion aff
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Courts Service · 2019-12-19 · courts
high court refuses all relief sought by ms s in challenge to protection appeal decision mr justice max barrett dismissed s’s judicial review the international appeals tribunal’s 2019 decision, rejecting grounds considered court. [2019] iehc 868 has refused her an tribunal (ipat) on appeal. a judgmen
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Courts Service · 2019-12-19 · courts
high court sends enforcement of $1.19m us judgment to plenary hearing the defendants were granted leave defend an irish action on issues jurisdiction, parties a supply agreement and alleged fraud. did not decide whether allegations true. [2019] iehc 941 has allowed three proceedings seeking enforce
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Courts Service · 2019-12-19 · courts
court of appeal sets aside costs order in moot housing case the concerned after wicklow county council later agreed to fund temporary emergency accommodation. ordered each side bear its own high costs, without deciding underlying dispute. [2019] ieca 346 has set an requiring a mother and her daughte
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Courts Service · 2019-12-19 · courts
supreme court quashes conviction after ruling historic abuse trial was unfair the held that absence of a witness placed at centre complainant’s account deprived defence realistic opportunity to pursue an obviously useful line defence. has allowed appeal and quashed c. ce., his on rape indecent assau
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Courts Service · 2019-12-19 · courts
supreme court majority rules historic-offence trial was fair despite missing witness the set out how judges should assess delay and unavailable evidence, but divided over whether loss of a made this unfair. concluded it did not. has ruled by 3–2 that judge entitled to let case involving historic all
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Courts Service · 2019-12-19 · courts
high court allows delayed injury claim to proceed subject strict deadlines the found plaintiff’s delay in prosecuting his workplace was inordinate and inexcusable, but said balance of justice favoured allowing action continue. [2019] iehc 940 allowed a personal against aer lingus group plc after fin
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Courts Service · 2019-12-18 · courts
court of appeal overturns ruling on refusal to revoke deportation order the allowed state’s appeal, finding that high had wrongly treated father and mother as having equally precarious immigration status. [2019] ieca 332 has against a quashing man from cameroon. concerned decision under section 3(11
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Courts Service · 2019-12-18 · courts
supreme court dismisses challenge to former defence forces ombudsman’s appointment the held that a member was not barred from serving as ombudsman for and found no basis rule office had be full-time. has dismissed an appeal challenging of (dfo), holding statutory bar applies members, members. brough
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Courts Service · 2019-12-18 · courts
high court trims bank of ireland judgment over disputed loan signature the refused to set aside full default but removed amount and interest linked a 2007 offer, sending that issue plenary hearing. [2019] iehc 939 varied €1,302,822.99 obtained by mortgage against miriam muldoon, removing claimed und
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Courts Service · 2019-12-18 · courts
high court refuses challenge to an bord pleanála quarry review decision the found board had carried out appropriate-assessment screening and no jurisdiction under relevant provision consider applicant’s other complaints. [2019] iehc 865 has refused angela pearse’s application quash pleanála’s in a c
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Courts Service · 2019-12-18 · courts
supreme court allows appeal over evidence used to prove bank debt the ruled that a former official’s was inadmissible, while rejecting appellant’s separate challenges trial procedure and guarantee’s validity. [2019] iesc 71 of ireland has allowed charles fergus’s on whether proved with admissible ev
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Courts Service · 2019-12-18 · courts
court of appeal upholds 10-year bankruptcy period for patrick j daly the dismissed daly’s against an order extending his until november 2025, finding within available range. [2019] ieca 345 appeal, civil has that remain in force 23 ten years after he was adjudicated bankrupt. held high had not impos
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Courts Service · 2019-12-18 · courts
supreme court upholds staged discovery approach in tweedswood property dispute the dismissed martin power’s challenge to handling of his motion but ordered bank provide documents it had agreed disclose, with possibility a later, focused request. has upheld high court’s proceedings over at custom hou
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Courts Service · 2019-12-18 · courts
court of appeal restores decision revoking egyptian man’s residence card the allowed minister’s appeal, ruling that continued welfare payments to estranged wife did not determine his derived right remain in ireland. [2019] ieca 335 has minister for justice and equality’s against a high order quashed
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Courts Service · 2019-12-18 · courts
court of appeal dismisses challenge to €1,500 costs allowance for discovery motion the upheld taxing master’s assessment one in a personal injury action, finding no legal error high court’s decision defer that assessment. [2019] ieca 325 has dismissed michael doyle’s over allowed his case, leaving p
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Courts Service · 2019-12-18 · courts
high court refuses psychiatrist’s challenge to hse investigation and suspension the found preliminary report ongoing disciplinary process could still be challenged through later submissions a hearing. it refused judicial review other reliefs. [2019] iehc 864 consultant child adolescent application f
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Courts Service · 2019-12-18 · courts
supreme court leaves €9.2m guarantee judgment against charles fergus in place the rejected his appeal over bank’s proof of company’s debt and guarantees, leaving high undisturbed. [2020] iesc 000 has left a that owed bank scotland plc €9,211,764 under guarantees connected to loans made haynes develo
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Courts Service · 2019-12-18 · courts
teacher’s unpaid supervision work kept him in 2009 pension scheme, high court rules the held that a teacher had not ceased serving at wesley college during 57-week period when he carried out and substitution duties without pay. it found his july 2017 judicial review application was time said would h
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Courts Service · 2019-12-18 · courts
court of appeal upholds €1.74m summary judgment against david wright the dismissed wright’s appeal, leaving in place for €1,742,842.27 while remaining part lender’s claim proceeds to a plenary hearing. [2019] ieca 324 has high order granting launceston property finance dac €1,742,842.27. balance rem
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Courts Service · 2019-12-18 · courts
high court orders child’s return to malta despite objection the accepted that was legally established and she had sufficient maturity express it, but exercised its discretion order her maltese courts. [2019] iehc 925 of ireland has ordered a child who been retained in ireland, concluding issues cust
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Courts Service · 2019-12-18 · courts
court of appeal dismisses school’s over sligo footpath fall the upheld high court’s finding for a woman who said she fell at missing kerbstone outside dromore national school, while identifying limits in parts trial judge’s reasoning. [2019] ieca 333 has dismissed an by school defendants personal in
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Courts Service · 2019-12-18 · courts
court of appeal upholds injunctions keeping three ebs agencies with martin company pending trial the left in place orders restraining from ending its tied agency agreements betty financial services limited while underlying case proceeds. allegations pressure to mis-sell products remain unproven. [20
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Courts Service · 2019-12-18 · courts
high court awards taxi driver €69,193 after dublin rear-end collision the accepted driver’s account and found defendant’s negligence caused injuries that included ongoing back pain. it proposed damages of €65,000 for pain suffering, plus €4,193.82 in special damages. [2019] iehc 915 a back, neck sho
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Courts Service · 2019-12-18 · courts
high court refuses challenge to quarry consent refusal east coast transport limited challenged an bord pleanála’s of substitute for a wicklow quarry. the rejected judicial review and left in place. [2019] iehc 866 has refused limited’s its county wicklow, leaving board’s decision judgment delivered
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Courts Service · 2019-12-17 · courts
court of appeal upholds restrictions on mark monks’ repeat land claims the dismissed against orders striking out new proceedings and requiring permission for further cases concerning four parcels land. [2019] ieca 309 has he brought over restricting them without permission. concerned made by high 9
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Courts Service · 2019-12-17 · courts
court of appeal dismisses former killybegs harbour master’s challenge to dismissal the upheld high court’s refusal quash government’s 2009 decision, finding no basis overturn it on procedural fairness, bias or delay grounds. [2019] ieca 299 has dismissed patrick j. kelly’s against decision dismiss h
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Courts Service · 2019-12-17 · courts
high court sanctions scisys takeover scheme and confirms capital reduction the approved arrangement for cgi’s acquisition of group plc after finding shareholder vote statutory requirements satisfied. [2019] iehc 904 court, commercial has sanctioned a cgi holdings europe ltd to acquire confirmed rela
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Courts Service · 2019-12-17 · courts
court of appeal upholds order restricting new land proceedings the agreed that an covering four parcels was justified, while stressing restrictions on access require careful scrutiny and should be narrowly framed. [2019] ieca (citation number incomplete in source) upheld requiring gerard monks to ob
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Courts Service · 2019-12-17 · courts
high court rejects solicitor’s challenge to law society document notices the dismissed edward mcgarr’s applications vary or withdraw issued during investigations of two misconduct complaints, finding sought his costs documents, not clients’ files. [2019] iehc 859 has solicitor statutory requiring do
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Courts Service · 2019-12-17 · courts
court of appeal leaves burglary sentences unchanged but tightens release conditions the declared unduly lenient exercised its discretion not to alter them, citing new rehabilitation evidence and requiring stricter on suspended terms. imposed john matthews left their length portions unchanged, inform
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Courts Service · 2019-12-17 · courts
court of appeal rejects welcome ireland’s challenge to €150,000 security for costs the found company had not provided credible evidence that cedarcourt’s alleged breach caused its inability pay costs. it dismissed against order. [2019] ieca 308 has ireland hospitality limited’s an order requiring pr
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Courts Service · 2019-12-16 · courts
court of appeal rejects challenge to delay in hearing recusal application the concerned when a high judge should hear fund’s for him step aside. upheld decision adjourn it with liberty apply and did not consider whether recuse himself. [2019] ieca 337 has refused an investment over judge’s its aside
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Courts Service · 2019-12-16 · courts
court of appeal cuts sentence after ruling offences formed one transaction the dismissed john conroy’s conviction but quashed consecutive for unlawful seizure, replacing it with a concurrent term. against his convictions endangerment, seizure vehicle and 13 counts dangerous driving, reduced finding
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Courts Service · 2019-12-16 · courts
court of appeal narrows telecom licence claim to alleged corruption the partly allowed appeals over amendments a long-running concerning ireland’s 1995 gsm competition, permitting case proceed on allegations tied ministerial while excluding ordinary procurement error claims. [2019] ieca 360 has by s
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Courts Service · 2019-12-16 · courts
high court refuses state leave to appeal ruling on deportation order the said case turned unusual facts and refused permission its earlier decision concerning an applicant permitted reapply for international protection. [2019] iehc 891 has a who had been in judgment delivered 16 december 2019, mr ju
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Courts Service · 2019-12-16 · courts
court of appeal dismisses challenge to murder convictions over diminished responsibility charge the ruled that jury had been correctly directed on partial defence and defence’s burden proof, dismissed appeal. has alan cawley’s against his for murders brothers john (jack) blaine thomas blaine, findin
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Courts Service · 2019-12-13 · courts
high court says copy of barring order was needed to prove notification the answered two questions in a consultative case stated from district court, finding evidence did not establish that accused had received order. [2019] iehc 852 ruled that, prosecution for breaching order, it must be established
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Courts Service · 2019-12-13 · courts
cyclist awarded 40% liability after dublin junction collision the high court found both a driver’s failure to keep proper lookout and cyclist’s decision pass red light contributed his injuries, apportioning driver 60% cyclist. [2019] iehc 855 apportioned for 2015 at of brookvale road eglington in du
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Courts Service · 2019-12-13 · courts
high court refuses bid to use deceased witness’s affidavit in property dispute the refused permission rely at trial on john doyle’s because it addressed central over who was registered as owner of property. [2019] iehc 853 has an application by catherine cullen, sued personally and james o’brien’s p
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Courts Service · 2019-12-13 · courts
high court strikes out specified claims against tanager and bank of scotland the struck four categories relief in a home-loan dispute, ordered plaintiff to pay second third defendants’ costs, allowed other defendants bring motions. [2019] iehc 948 parts rolf kane’s claim designated activity company
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Courts Service · 2019-12-12 · courts
supreme court quashes wind farm permission over treatment of noise guidance the found that an bord pleanála wrongly treated submissions challenging adequacy existing energy guidelines as irrelevant. it quashed and reserved ancillary orders. has pleanála’s for 11-turbine at bear na gaoithe, county co
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Courts Service · 2019-12-12 · courts
supreme court dismisses appeal over injunction protecting receivers’ control of properties the upheld temporary restraints on jerry beades pending trial, while noting receivers had taken no further steps to conclude underlying proceedings and that some appeared have been sold. ireland has dismissed
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Courts Service · 2019-12-12 · courts
high court declines declarations in galway clinic share transfer dispute the held that a 2016 challenge had become moot after first was reversed, and found later accorded with shareholders’ agreement. [2019] iehc 928 has declined to declare void of 10% shareholding marpole limited, company owns oper
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Courts Service · 2019-12-12 · courts
high court refuses challenge to asylum appeal decision the found no legal error in tribunal’s credibility assessment or its approach country information. [2019] iehc 897 has refused a by nigerian woman and her minor son international protection appeals uphold refusal of application. applicants argue
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Courts Service · 2019-12-12 · courts
high court awards €500 after luas passenger was briefly told to leave tram the found a momentary defamation when security guard repeatedly directed ticketed get off, but said effect almost immediately corrected. [2019] iehc 849 awarded in nominal damages finding that defamed him by directing tram, d
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Courts Service · 2019-12-12 · courts
supreme court dismisses two appeals over dissolved company, allows third on leave to sue bank the upheld refusals of applications tied restoring loire valley limited, but set aside an order refusing issue proceedings against allied irish banks. it said that change had no practical or beneficial cons
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Courts Service · 2019-12-12 · courts
high court grants inland fisheries ireland relief over gweebarra fishery claims the directed that plaintiff’s entitlement to specified reliefs be determined on affidavit evidence, rejected defendants’ bid for a further module based material presented, and left costs later consideration. [2019] iehc
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Courts Service · 2019-12-12 · courts
high court quashes protection appeal decision over fair-procedure breaches the found that h had no opportunity to address doubts about police certificates and albanian-language documents were not translated or considered. [2019] iehc 898 quashed international appeals tribunal’s refusing h’s sent mat
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Courts Service · 2019-12-10 · courts
supreme court refuses indefinite stay pending beades’ strasbourg complaint the dismissed jerry beades’s application to suspend enforcement of a final judgment, but granted further four-week let him arrange his affairs. ireland has refused €9.68 million judgment against beades while he pursues before
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Courts Service · 2019-12-10 · courts
court of appeal quashes money-laundering conviction after jury direction error the found a significant risk that jurors thought accused had to disprove statutory presumption. it allowed and declined order retrial because he served his sentence. [255/2017] has quashed henry alinta’s finding was left
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Courts Service · 2019-12-10 · courts
high court refuses bid to strike out defamation case over employer’s letter data commissioner the found that whether absolute privilege protects required fuller legal argument. it made no final ruling on defence or alleged defamatory statements. [2019] iehc 934 has refused defendants’ application pa
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Courts Service · 2019-12-10 · courts
high court orders unsuccessful plaintiff to pay defendant’s reasonable costs the declined depart from usual rule after dismissing a personal injuries action, with amount be adjudicated if parties cannot agree. [2019] iehc 839 has ordered pat mccarthy gerry twomey’s legal mccarthy’s action. are agree
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Courts Service · 2019-12-10 · courts
high court gives kbc more time to appeal possession ruling the allowed bank ireland serve and file an notice out of time, citing confusion over circuit court’s order. it did not decide itself. [2019] iehc 838 has extended available plc a order refusing property belonging john cronin nicola coffey cr
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Courts Service · 2019-12-10 · courts
minister ordered to pay costs after raghoo couple receive permission remain the high court said judicial review had become moot both applicants received two-year permissions remain, but for justice and equality their costs. [2019] iehc 856 of shiv anand marie joelle mileine they in state while pursu
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Courts Service · 2019-12-10 · courts
high court dismisses challenge to nigerian woman’s deportation order mr justice richard humphreys ruled that the minister was entitled conclude did not engage article 8 rights, and dismissed her judicial review proceedings. [2019] iehc 857 has a against woman who had lived in ireland for eight years
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Courts Service · 2019-12-10 · courts
high court dismisses challenge to deportation order the found that applicant had not shown an error in minister’s assessment of her private life rights or a basis quash order. [2019] iehc 879 dismissed application for judicial review challenging made against indian national who remained ireland afte
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Courts Service · 2019-12-09 · courts
high court says proposed deportation of muhammad nadeem was unlawful under eu safeguards the found that had previously been recognised as a permitted family member, bringing his case within an justice ruling. it left form its order for later discussion. [2019] iehc 834 has ruled against because he m
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Courts Service · 2019-12-09 · courts
high court sets aside renewal of former naval service employee’s injury summons the found no good reason to renew frank chandler’s expired personal injuries summons, citing solicitor inadvertence, delay after medical advice and prejudice defendants. [2019] iehc 832 set an order renewing finding that
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Courts Service · 2019-12-09 · courts
high court quashes deportation order decision over proof standard the said minister applied a stricter than balance of probabilities when assessing h’s residence history, and sent matter back for fresh consideration. [2019] iehc 836 quashed justice equality’s to make against h, ruling that had wrong
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Courts Service · 2019-12-09 · courts
high court awards garda €20,000 for wrist fracture sustained during arrest the assessed compensation a and lip cuts that had healed, awarded further €394.05 agreed medical expenses. [2019] iehc 862 niall mccormack in general damages to his lips an october 2013. it also expenses by parties. mr justic
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Courts Service · 2019-12-09 · courts
high court refuses orders compelling immigration decisions for deported man the declined to compel on a deportation revocation application and review of family-member application, citing prior rulings circumstances before it. [2019] iehc 837 has refused sought by ammad mahfooz minister justice equal
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Courts Service · 2019-12-09 · courts
high court grants start mortgages leave to execute 2011 possession order the allowed lender issue execution after finding its delay was explained by enforcement difficulties and efforts reach an agreement with borrowers. it did not make a new order. [2019] iehc 830 has granted dac on for possession,
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Courts Service · 2019-12-09 · courts
high court refuses to extend deadline for appeal against master’s order the said a solicitor’s filing mistake did not justify extending six-day deadline, so could be heard. [2019] iehc 831 has refused time claire rushe an of master court, ruling that heard because was missed. mr justice max barrett
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Courts Service · 2019-12-09 · courts
high court sets aside renewal of former naval service member’s personal injuries summons the found no good reason to renew expired summons, citing solicitor inadvertence, delay after a medical report and prejudice defendants from defending stale claim. [2019] iehc 832 set an order renewing frank cha
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Courts Service · 2019-12-09 · courts
high court quashes refusal of permission to remain in irish mother’s case the found minister’s decision unlawful because it did not properly address humanitarian and family considerations, including article 8 rights. also refoulement irrational. [2019] iehc 833 has quashed a ministerial refusing wom
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Courts Service · 2019-12-09 · courts
high court refuses relief in two judicial review proceedings over eu residence application the treated an earlier delay claim as moot after a decision issued and refused challenging later refusal of application. costs remained to be addressed. [2019] iehc 895 has all sought by raymond holland concer
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Courts Service · 2019-12-06 · courts
court of appeal replaces fully suspended sentence with one year in custody for child cruelty the allowed dpp’s undue leniency application, quashed original and resentenced d. o’s. to two years, consecutive he was serving. has an application by director public prosecutions replaced a imposed on requi
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Courts Service · 2019-12-06 · courts
appeal court increases sentence for sexual assault of 11-year-old the quashed an 18-month sentence, substituting three years’ imprisonment with final year suspended and credit time already spent in custody. has imposed girl substituted a three-year prison suspending allowing served. judgment, delive
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Courts Service · 2019-12-06 · courts
high court rejects bid to undo athlone stadium settlement the held that town limited was bound by 2019 agreement and dismissed company’s applications set it aside. also made costs orders against defendants. [2019] iehc 892 has limited’s a reached in may 2019, ruling company agreement. two individual
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Courts Service · 2019-12-06 · courts
high court orders temporary halt to barranafaddock wind turbines over unpermitted blade changes the found that nine had been built with rotor diameters beyond 2011 permission. it barred their operation for now, while giving developer time seek regularise planning status. [2019] iehc 825 has ordered
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Courts Service · 2019-12-06 · courts
supreme court upholds refusal to let er withdraw guilty plea after judge’s sentencing remark the said trial unsolicited indication was undesirable, but did not amount a bargain or justify judicial review of change plea. [2019] iesc 000 has dismissed er’s appeal over her plea, holding that an appropr
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Courts Service · 2019-12-06 · courts
high court dismisses albanian applicant’s deportation challenge and detention application the dismissed a judicial review of immigration decisions separate article 40 application, finding order lawful. it also declined an adjournment conditional release. [2019] iehc 840 to under constitution concern
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Courts Service · 2019-12-06 · courts
court of appeal dismisses against five-year firearm sentence the upheld a for possessing restricted sawn-off shotgun without certificate, agreeing with circuit court’s assessment offence and sentence. has dismissed an prison imposed on liam casey certificate. in judgment delivered 6 december 2019, b
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Courts Service · 2019-12-06 · courts
supreme court judge says counsel should have withdrawn during guilty plea change application in a concurring judgment, justice iseult o’malley said withdrawing would given the appellant an opportunity to waive privilege and explain legal advice she received. of ireland it been preferable for withdra
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Courts Service · 2019-12-06 · courts
high court awards havbell €1.869m summary judgment against hilliards the rejected borrowers’ arguments over loan demands, interest, a €160,000 payment and receiver’s conduct, entered jointly severally. [2019] iehc 841 has awarded dac of €1,869,031.90 harry hilliard ursula hilliard, severally, six lo
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Courts Service · 2019-12-06 · courts
supreme court refers long-running settlement dispute to high president the appeal over whether a medical negligence case settled for €4.5 million or €4.2 remains unresolved. referred matter an early decision focused first on ward’s best interests. has of court, saying interests must be considered be
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Courts Service · 2019-12-06 · courts
supreme court says rape sentence must include threat and overnight domination the ruled that knife threat, keeping victim in house formed connected circumstances for sentencing. it did not finalise sentence, reserving decision until further submissions. [2019] iesc 000 of ireland be assessed context
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Courts Service · 2019-12-05 · courts
galway county council ordered to pay costs in horse destruction case the high court awarded applicant his after finding that council’s conditional €1,750 offer did not displace usual rule follow event. [2019] iehc 817 must applicant’s legal judicial review proceedings over of horse, has ruled. order
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Courts Service · 2019-12-05 · courts
appeal court reduces €20 petrol theft sentence to three months the of found original consecutive disproportionate and replaced it with a three-month term run concurrently robbery sentence. reduced for stealing worth months, robbery. that was sentencing judge had not explained why should be imposed.
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Courts Service · 2019-12-05 · courts
court of appeal cuts cumulative drug sentence from 17 years to 13 the found 15-year headline for offences committed while on bail substantially disproportionate, quashed that and re-sentenced appellant. has reduced a man’s prison after finding set he was disproportionate. concerned sentences imposed
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Courts Service · 2019-12-05 · courts
high court quashes foreshore lease decision over galway bay test site the found that minister’s screening assessment for protected habitats unlawfully relied on mitigation measures. it rejected separate challenges to environmental impact and consideration of npws submissions. [2019] iehc 824 has qua
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Courts Service · 2019-12-05 · courts
high court orders surrender for czech theft and property damage offences only the refused child maintenance obstruction offences, finding no corresponding irish offences. respondent may seek a sentence reduction or appeal after surrender. [2019] iehc 845 has ordered michael kubalek’s to republic of
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Courts Service · 2019-12-05 · courts
high court refuses planning board leave to appeal over invalidated permission the dismissed an bord pleanála’s application three proposed points of law, finding they did not meet statutory test and that would change outcome. [2019] iehc 820 has refused pleanála a judgment for strategic housing devel
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Courts Service · 2019-12-05 · courts
court of appeal gives man 14 days to leave ireland after release the upheld a four-year sentence for threatening kill and related offences, but changed deadline leaving state from 48 hours days. prison imposed on josip stanic woman while extending period he had release. in an ex tempore judgment del
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Courts Service · 2019-12-05 · courts
high court dismisses claim over delay in treating post-birth haemorrhage the accepted that hospital could have transferred plaintiff to theatre sooner, but found evidence did not establish professional negligence under applicable test. [2019] iehc 896 has dismissed a woman’s medical against health s
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Courts Service · 2019-12-05 · courts
high court dismisses data protection delay case as moot the commissioner had issued decisions on both complaints before considered application. dismissed judicial review claim, leaving challenges to those other procedures. [2019] iehc 823 aimee scott’s claim against after finding that become moot: a
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Courts Service · 2019-12-04 · courts
high court quashes rural school principal’s dismissal over inadequate reasons the found board had not identified which allegations it upheld or shown proper consideration of a unanimous appeal panel recommendation. quashed decision, without deciding whether were true. [2019] iehc 819 has management’
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Courts Service · 2019-12-04 · courts
court of appeal replaces probation act discharge with suspended 18-month sentence the found for a serious assault during soccer match unduly lenient, quashed it and resentenced respondent. has an unconditional given to gary o’mahony causing harm imposed prison sentence, two years on condition good b
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Courts Service · 2019-12-04 · courts
high court orders romanian man committed pending extradition to switzerland the ruled that was proceeding against daniel paul matache within meaning of irish law, despite no indictment yet having issued. [2019] iehc 848 has ordered prison a decision by minister for justice on his switzerland, where
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Courts Service · 2019-12-04 · courts
court of appeal refuses discovery bid for garda interview recordings in eaw cases the upheld refusal to order disclosure, finding applicants had not shown records were relevant or necessary their right-to-silence objection at forthcoming surrender hearing. [2019] ieca 364 has a high disclosure and n
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Courts Service · 2019-12-04 · courts
court of appeal leaves suspended sentence in place for former garda the rejected dpp’s undue-leniency appeal, while saying similar corruption would ordinarily warrant immediate custody. has left a wholly two-year prison imposed on john o’halloran, serving who pleaded guilty to 11 counts from an indi
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Courts Service · 2019-12-03 · courts
court of appeal suspends one year 14-year sentence after robbery the upheld and its consecutive structure but said rehabilitation required further consideration. it suspended for two years, subject to supervision other conditions. a prison imposed on man who pleaded guilty six offences, including th
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Courts Service · 2019-12-03 · courts
court of appeal dismisses challenge to conviction for threatening kill the held that inconsistencies in witness evidence were jury assess and did not require trial judge withdraw case. appeal; cork circuit criminal (trial court) has dismissed g. h.’s against his kill, finding prosecution make case t
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Courts Service · 2019-12-03 · courts
court of appeal dismisses challenge to drug sentence the held that differences in co-defendants’ records and probation reports justified sentencing judge’s decision suspend part one but not other. has dismissed david o’driscoll’s against his for possession cocaine sale or supply, obstruction a peace
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Courts Service · 2019-12-03 · courts
high court refuses bid to dismiss bank of ireland guarantee case over delay the found a five-year in progressing claim against lorraine mccrann was excusable, and said she had not shown that prejudiced her defence. [2019] iehc 818 has refused an application by ireland’s guarantees for two companies,
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Courts Service · 2019-12-03 · courts
applicants awarded costs up to planning decision in boundary-wall dispute the high court ruled on after a permission made enforcement case moot. were 12 december 2018, assessed circuit scale; each side must bear its later costs. [2019] iehc 850 has three neighbours their 2018 over boundary wall blac
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Courts Service · 2019-12-03 · courts
court of appeal replaces manslaughter sentence with nine years’ imprisonment the quashed a six-year sentence, final year suspended, after finding it did not reflect seriousness killing. imposed on michael ferris for and resentenced him to imprisonment, no part suspended. replacement runs from date o
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Courts Service · 2019-12-02 · courts
court of appeal dismisses over four sexual assault convictions the rejected challenges to trial judge’s handling evidence about prior complaints and his directions on criminal standard proof. [314/18] has dismissed s.w.’s against for assault, rejecting refusal discharge jury a in cork circuit convic
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Courts Service · 2019-12-02 · courts
court of appeal dismisses challenge to four-year burglary sentence the found no error in sentencing judge’s approach, noting a 25% reduction for mitigation and suspended final year intended support rehabilitation. has dismissed an against imposed on woman who pleaded guilty cork. includes terms. app
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Courts Service · 2019-12-02 · courts
high court strikes out personal injury claim over alleged 2011 assault as time-barred the dismissed after finding injuries proceedings were issued outside two-year limit and that a proposed change to plenary came six-year period. [2019] iehc 822 has struck pauline mulrooney’s for damages an assault,
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