Courts Service · 2020-01-31 · courts
high court sends tesco pay dispute back to labour after finding legal error the allowed a worker’s appeal on how assessed wages properly payable under his contract. it rejected challenges over weekend premium and an extension of time. [2020] iehc 55 has sent ireland that had not worker was entitled
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Courts Service · 2020-01-31 · courts
high court refuses leave to challenge taxation of divorce-related costs the extended time for application but found no arguable case review county registrar’s cost certificates. [2020] iehc 109 has refused l.m. seek judicial two certificates assessing payable his former wife, a.m., in related circui
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Courts Service · 2020-01-31 · courts
high court finds solar farm planning decision invalid over habitat screening the said an bord pleanála improperly relied on water pollution safeguards at stage. it also found a late weekly-list notice breached regulations, but left final form of relief and any remittal for later submissions. [2020]
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Courts Service · 2020-01-31 · courts
high court orders possession of swords home after mortgage appeal rehearing mr justice heslin allowed pepper finance’s claim under section 62(7), finding it remained the registered owner charge a securitisation. he dismissed defendants’ and refused their requests for plenary hearing other relief. [2
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Courts Service · 2020-01-31 · courts
high court dismisses palmer proceedings over delay the found in prosecuting a commercial dispute was inordinate and inexcusable, concluded balance of justice favoured dismissal. [2020] iehc 108 has dismissed brought by brian against his brother thomas four companies, finding that years advancing cas
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Courts Service · 2020-01-31 · courts
high court sets aside possession order after bank fails to prove disputed loan signatures the allowed heather cody’s appeal, finding that had not proved she executed two agreements said secure debt. it did decide whether her fraud allegations were true. [2020] iehc 34 has set a circuit for of family
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Courts Service · 2020-01-31 · courts
high court upholds admission of roadside statement in drunk-driving case the ruled that district properly admitted an unsigned garda notebook entry despite unexplained breach judges’ rules, and other evidence also supported a to answer. [2020] iehc 33 has upheld decision admit accused man’s prosecut
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Courts Service · 2020-01-30 · courts
high court orders surrender to poland on one of six offences the refused five counts because an earlier decision bound it whether corresponded under irish law. found no abuse process in ordering remaining attempted fraud count. [2020] iehc 84 has ordered maciej leopold count, while refusing other wa
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Courts Service · 2020-01-30 · courts
court of appeal overturns €158,864 award in sligo trip-and-fall case the found evidence did not establish that a tripping hazard caused fall and allowed defendants’ appeal. it consider separate challenge to damages. [2020] ieca 9 appeal, civil has overturned high decision awarding woman who fell cou
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Courts Service · 2020-01-30 · courts
high court disqualifies director for 14 years over €1.2m vat fraud kevin rabbitte consented to a declaration and €1.5m personal liability order; the contested issue was length of his disqualification. [2020] iehc 703 disqualified from acting as company or officer three months after finding that he h
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Courts Service · 2020-01-30 · courts
court of appeal upholds eight-year sentence in three-burglary the dismissed daniel delaney’s appeal, finding no error consecutive sentencing or trial judge’s totality adjustment. final year remains suspended for two years. has against severity sentences imposed three burglaries, leaving place an agg
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Courts Service · 2020-01-30 · courts
high court orders fresh interview of child in poland return case the said child’s views should be reassessed after six months and a change mother’s circumstances. it made no ruling on whether was wrongfully removed or to poland. [2020] iehc 30 has directed that at centre proceedings seeking his inte
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Courts Service · 2020-01-29 · courts
court of appeal overturns €220,000 security-for-costs order against charles kelly limited the allowed company’s after finding bank had not established a prima facie defence to one part its claim. it did decide underlying banking dispute. [2020] ieca 8 appeal, civil has an by requiring provide as sec
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Courts Service · 2020-01-29 · courts
high court dismisses challenge to rejection of bangladeshi protection claim the found no legal error in appeals tribunal’s credibility assessment and dismissed judicial review application. it did not order tribunal decision be quashed. [2020] iehc 41 has m.r.’s application for international his appe
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Courts Service · 2020-01-29 · courts
court of appeal dismisses congregation’s challenge to jury trial in abuse claim the held that claims against congregation for vicarious liability and direct negligence were closely connected pleaded assault claim. concerned jury-trial entitlement, not whether alleged occurred. [2020] ieca 23 dismiss
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Courts Service · 2020-01-28 · courts
high court dismisses challenge to rejection of planning appeal over st michael’s cottages the held that an lodged on behalf unnamed cottage owners and residents failed meet statutory requirements identify them. it dismissed judicial review proceedings. [2020] iehc 27 court, commercial has a brought
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Courts Service · 2020-01-28 · courts
court of appeal dismisses challenge to conviction on four child pornography counts the rejected all grounds appeal, including challenges search warrant, trial proceeding without a deceased witness, and jury directions. has dismissed joseph o’connor’s against his knowingly possessing affirmed convict
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Courts Service · 2020-01-28 · courts
court of appeal rules homeless applicants cannot be required to prove a local address claim jobseeker’s allowance the found that requiring applicant show she was currently residing in particular intreo catchment area unlawful. it proposed two declarations, subject hearing counsel further. [2020] iec
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Courts Service · 2020-01-27 · courts
court of appeal rejects challenge to money laundering sentence the said was very lenient but not significantly outside norm, and dismissed director public prosecutions’ application. has a prosecutions application review as unduly imposed on man who pleaded guilty involving €829,265 in cash. “very le
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Courts Service · 2020-01-27 · courts
high court allows appeal over extension of time in cattle vat dispute the found defendants had shown no arguable ground to challenge order striking out their defence after they failed make discovery. it said would hear counsel on consequential orders. [2020] iehc 106 has allowed a plaintiff’s agains
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Courts Service · 2020-01-27 · courts
ryanair ordered to pay former executive’s costs, limited two hearing days the high court dismissed ryanair’s bid restrain peter bellew from joining a competitor. in later costs judgment, it bellew’s excluding discovery and limiting award days. [2020] iehc 26 has dac legal after dismissing airline’s
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Courts Service · 2020-01-27 · courts
court of appeal dismisses challenge to conviction and 30-month sentence for threats the rejected arguments that jury was misdirected on intention case should have been withdrawn from jury. it also found no error in sentence. has dismissed an against by a man convicted three counts threatening kill o
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Courts Service · 2020-01-27 · courts
high court orders insolvency practitioner to pay €6,000 plus vat after misleading income evidence the found that an appeal over a rejected debt arrangement was pursued despite tax returns showing household fell short of amount on which plan depended. [2020] iehc 23 court, circuit appeal, dublin circ
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Courts Service · 2020-01-27 · courts
start mortgages allowed to enforce possession orders after loan transfer the high court substituted for permanent tsb in existing proceedings and gave it liberty execute made 2017. costs were left a later hearing. [2020] iehc 24 has dac take over brought by against gerry ann burns three parcels of l
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Courts Service · 2020-01-24 · courts
court of appeal lifts order stopping trial over historic abuse charges the allowed dpp’s appeal, finding that claimed prejudice from delay and deceased witnesses did not justify prosecution before trial. it left open possibility a fairness application during [2020] ieca 6 has director public prosecu
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Courts Service · 2020-01-24 · courts
high court orders surrender in uk case over deaths of 39 people lorry trailer the rejected objections to a european arrest warrant, including challenges prosecution information, territorial jurisdiction and whether decision charge had been made. [2020] iehc 29 has ordered eamonn ronald harrison unit
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Courts Service · 2020-01-24 · courts
high court rejects bid to dismiss luas passenger’s injury claim, awards €80,000 the found that a later tram incident had not been concealed mislead and awarded €70,000 in compensatory damages plus €10,000 aggravated damages. [2020] iehc 47 {'name': 'high court'} rejected an application margaret keat
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Courts Service · 2020-01-24 · courts
high court rejects mckillen’s judicial review challenge to anglo shares assessment process the found he had not shown that information sought was needed make meaningful submissions, and rejected his claims of unreasonable decisions prejudgment. [2020] iehc 189 has refused all relief by patrick mckil
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Courts Service · 2020-01-24 · courts
high court refuses quarry operator leave to appeal over substitute consent ruling the found that neither proposed point met statutory tests for exceptional public importance and interest. [2020] iehc 22 has refused shillelagh quarries limited a 2019 decision dismissed its challenge an bord pleanála’
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Courts Service · 2020-01-24 · courts
high court finds grounds to appoint an independent administrator horan estate the found special circumstances pass over named executor before probate was granted, but postponed making a formal order so parties could propose suitable person. [2020] iehc 21 court, has it necessary and expedient person
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Courts Service · 2020-01-24 · courts
high court dismisses challenge to deportation order the rejected three grounds challenging and refused leave appeal, relying in part on an earlier, unchallenged finding that applicants’ marriage was one of convenience. [2020] iehc 37 has dismissed a judicial review made against egyptian man, his app
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Courts Service · 2020-01-24 · courts
high court awards €160,968 after finding lorry driver caused kerry collision the found was partly across centre line and its full headlights cab roof lights dazzled oncoming driver. it rejected contributory negligence. [2020] iehc 40 has awarded to a motorist injured in 2014 head-on on caherciveen k
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Courts Service · 2020-01-24 · courts
committee awarded 60% of costs in ward’s care dispute the high court its costs, excluding one day a four-day hearing, after finding it had partly succeeded securing continued at home. [2020] iehc 20 has ward proceedings over care, while all for hearing march 2019. mr justice denis mcdonald delivered
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Courts Service · 2020-01-24 · courts
high court quashes planning board decisions on ballivor rehabilitation facility the ruled that an bord pleanála lacked power to decide two 2018 referrals challenged, in substance, unchallenged 2016 council declaration same question and unchanged facts. [2020] iehc 25 has quashed a proposed residenti
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Courts Service · 2020-01-23 · courts
high court sends €143,364.89 guarantee claim to plenary hearing the refused lender’s application for summary judgment, finding it was not clear that either defendant had no arguable defence. did decide whether guarantees were valid or defendants liable. [2020] iehc 44 has stapleford finance dac’s ju
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Courts Service · 2020-01-23 · courts
high court dismisses long-delayed rent claim and counterclaim the found plaintiffs’ delay inexcusable concluded that balance of justice favoured ending proceedings, while also dismissing defendants’ counterclaim. [2020] iehc 246 has dismissed a commercial after finding inordinate in progressing case
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Courts Service · 2020-01-23 · courts
high court dismisses investment claims against adviser and firm over delay the found plaintiffs’ in prosecuting proceedings inordinate inexcusable, dismissed their case first second defendants. other defendants were not decided on this application. [2020] iehc 49 john pugh rory harte’s p.g.m. financ
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Courts Service · 2020-01-23 · courts
court of appeal rejects challenge to sale bankrupt couple’s family home the upheld high court’s decision sanction ballinagore house and postpone it for six months, while leaving date vacant possession be decided after further submissions. [2020] ieca 2 has refused an by a discharged against order al
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Courts Service · 2020-01-23 · courts
high court sets aside €5,000 compensation award over former licensee’s conduct the held that provisions did not let authority pay a claim for alleged dishonesty committed after property firm’s licence had expired. [2020] iehc 19 has set services appeal board decision directing regulatory to thady ke
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Courts Service · 2020-01-22 · courts
high court refuses late challenge to protection appeal decision the refused an extension of time international appeals tribunal and dismissed dependent deportation orders. [2020] iehc 32 for a family (ipat) refusing their appeal. because orders depended entirely on ipat challenge, that too discharge
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Courts Service · 2020-01-22 · courts
supreme court says expert architect can interpret dunnes stores dispute the dismissed stores’ appeal, finding that appointed could contract while deciding whether point square met its agreed standards. it rejected of appeal’s characterisation proceedings as an abuse process. ireland has appeal over
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Courts Service · 2020-01-22 · courts
court of appeal dismisses media groups’ bid to lift reporting restrictions the said newspapers had not shown that lifting for one man would avoid affecting his co-accused, who been given notice or a chance be heard. [2020] ieca 19 has dismissed five companies’ challenge circuit decision refusing on
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Courts Service · 2020-01-22 · courts
court of appeal upholds order requiring sale newbarn property the rejected vendor’s over a boundary dispute and claims hardship, affirming high court’s for specific performance €460,000 contract. [2020] ieca 3 has refused an by gavin crowley affirmed him to complete newbarn, kilsallaghan, county dub
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Courts Service · 2020-01-22 · courts
court of appeal rejects over refusal to revise domiciliary care allowance decision the held that a original was not itself appealable under social welfare consolidation act 2005, and dismissed from high court. [2020] ieca 5 brigid wilton mcdonagh’s whether she could refusals an earlier denying for h
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Courts Service · 2020-01-21 · courts
court of appeal upholds permanent tsb share cancellation, removes recusal costs order the dismissed piotr skoczylas’s appeals against refusal to recuse high judge and confirmation a capital reduction, but set aside €20,000-plus-vat for application. [2020] ieca 1 has upheld confirming group holdings
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Courts Service · 2020-01-21 · courts
court of appeal replaces €20,000 costs measure after parties were not heard the upheld award to permanent tsb piotr skoczylas’s recusal application failed, but ruled that trial judge should have submissions before setting amount. [2020] ieca 1 high court’s decision skoczylas must pay group holdings
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Courts Service · 2020-01-21 · courts
court of appeal rejects challenge to prosecution on 105 historical abuse charges the dismissed an against refusal halt prosecution, finding no real risk unfair trial had been established. criminal may proceed; did not decide charges. [2020] ieca 4 has by anonymised appellant who sought prevent a sex
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Courts Service · 2020-01-20 · courts
court of appeal replaces fully suspended sentences with two years in knife attack case the allowed a dpp application for undue leniency, quashed original and imposed concurrent two-year terms on both counts. has man who pleaded guilty to assault causing harm producing knife, substituted prison each
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Courts Service · 2020-01-20 · courts
court of appeal quashes suspended sentence for cork barber shop assault the found unduly lenient and substituted two years’ imprisonment, starting on 20 january 2020. quashed a imposed shane tobin causing harm at ruled an application by director public prosecutions to review as lenient. had received
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Courts Service · 2020-01-20 · courts
court of appeal reduces dangerous-driving disqualification from 10 years to six the said evidence did not sufficiently support a 10-year ban, while upholding need for significant period protect public. appeal; circuit (underlying order) reduced rafael dudek’s driving after finding there was sufficie
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Courts Service · 2020-01-20 · courts
court of appeal awards surgeon half his defence costs after negligence claim dismissal the found that high was entitled to disapprove questioning about plaintiff’s injury, but held denying all disproportionate dismissed. [2020] ieca 127 allowed an orthopaedic surgeon’s over and ordered he recover 50
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Courts Service · 2020-01-17 · courts
high court affirms exclusion of four unserviceable office blocks from dublin valuation list the upheld tribunal’s decision that vacant bank centre could not be beneficially occupied, while car park remained rateable at €162,500. [2020] iehc 31 ireland has a tribunal excluding in ballsbridge city cou
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Courts Service · 2020-01-17 · courts
high court rules residence burden covers bunker hill dwelling only the held that eithne ryan’s registered lifetime right takes priority over bank of ireland’s later charge, but a prior €779,225.10 judgment does not attach to right. [2020] iehc 45 has ruled reside in dwelling, and be supported mainta
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Courts Service · 2020-01-17 · courts
high court refuses to remit promontoria well-charging case circuit the held could hear proceedings despite debt’s value, but kept in because it may raise significant legal issues. [2020] iehc 12 has refused john fox’s application move (oyster) dac’s court, saying issues that should be considered by
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Courts Service · 2020-01-17 · courts
high court orders ordinary costs after defendant’s late appearance the rejected plaintiffs’ request for solicitor and client but directed defendant to bear specified cyprus service greek translation costs. it refused a stay on execution. [2020] iehc 13 court, commercial ordered androula charilaou pa
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Courts Service · 2020-01-17 · courts
high court grants receiver injunction in walkinstown mortgage dispute the granted interlocutory relief after finding had a strong case for obtaining possession at trial. it ruled borrower was not entitled to rely on arrears code evidence before it. [2020] iehc 28 has injunctive over property road, d
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Courts Service · 2020-01-17 · courts
high court dismisses challenge to refusal of ghanaian man’s protection appeal the found tribunal’s reasons for rejecting claim a risk ritual killing were adequate and that he had not established irrationality or failure consider relevant factors. [2020] iehc 14 has dismissed judicial review his inte
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Courts Service · 2020-01-17 · courts
high court awards €25,000 in road injury appeal but refuses aggravated damages the allowed a personal after defendant conceded liability. it declined to award over an unsubstantiated allegation that plaintiff deliberately caused crash, leaving costs question for further submissions. [2020] iehc 11 c
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Courts Service · 2020-01-17 · courts
court of appeal leaves defamation claim over missing maintenance payments for trial the dismissed ebs limited’s against refusal to strike out hh’s claim, finding it was not clearly bound fail at this stage. [2019] ieca 334 has a high decision refusing brought by man identified as hh that were deduct
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Courts Service · 2020-01-16 · courts
court of appeal increases sentences to six years for €1.3m cannabis operation the quashed circuit after finding an error in principle, and substituted years’ imprisonment each man, backdated original sentence date. imposed on tomas witkowski mariusz sowa a offence each. are run from same date as sen
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Courts Service · 2020-01-16 · courts
court of appeal dismisses fannings’ challenge to aib guarantee judgments the held that 2011 facility remained in effect after later loan letters did not take effect, leaving no arguable defence aib’s summary judgment claim. [2020] ieca 112 has dismissed arnold and james fanning’s against for allied
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Courts Service · 2020-01-15 · courts
high court upholds possession order over foxrock family home on a circuit appeal, the found that missed principal repayments established default. it did not determine how much borrowers owed or review bank’s tracker mortgage findings. [2020] iehc 18 (circuit appeal) has upheld granting bank of irela
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Courts Service · 2020-01-15 · courts
high court orders surrender over slovak theft prosecution warrants the ordered on second warrant and accepted clarification that first concerned two charges involving 12 alleged fuel thefts. [2020] iehc 17 of pavol pozgay to slovakia under a european arrest concerning vehicle licence plates. in sepa
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Courts Service · 2020-01-15 · courts
high court dismisses challenge to refusal of pakistani man’s protection claim the found no demonstrated illegality in tribunal’s decision and said a later ministerial review depended on unsuccessful tribunal challenge. [2020] iehc 7 has dismissed judicial rejection his international application, fin
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Courts Service · 2020-01-14 · courts
high court dismisses challenge to warrant after station bail return date exceeded 30 days the held that late did not remove district court’s jurisdiction, while leaving open whether a longer delay could have different consequences. [2020] iehc 2 dismissed judicial review bench warrant, ruling more t
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Courts Service · 2020-01-14 · courts
high court dismisses challenge to osteopen veterinary medicine authorisation over delay the ruled that judicial review was filed outside three-month limit and refused an extension, dismissing proceedings in full awarding costs regulator holder. [2020] iehc 16 has dismissed arthropharm (europe) ltd’s
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Courts Service · 2020-01-14 · courts
high court refuses appeal over college green planning challenge the declined to amend its earlier judgment and refused leave appeal, finding applicant had not met statutory requirements. [2020] iehc 4 has john conway’s application an denied him a ruling that he lacked standing bord pleanála’s refusa
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Courts Service · 2020-01-14 · courts
high court rules judgment mortgage covers james bergin’s half share in kilkenny land mr justice allen found that a 2013 agreement between bergin and his father severed their joint tenancy, leaving the creditor’s charge against undivided share. [2020] iehc 3 has ruled registered interest county appli
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Courts Service · 2020-01-13 · courts
high court rejects piab assessment after minor’s ankle injury raised concerns the found €21,187 did not reflect claim’s full value, but cautioned that its ruling endorse bringing proceedings in court. [2020] iehc 1 rejected a personal injuries board (piab) of €20,000 general damages, plus €1,187 for
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Courts Service · 2020-01-13 · courts
high court refuses romanian surrender request over uncertainty about appeal notice the found that respondent’s father had received a summons, but it was not established unequivocally respondent knew hearing date or decision could be made in his absence. [2020] iehc 6 refused an application to man ro
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Courts Service · 2020-01-13 · courts
high court dismisses challenge to zimbabwean woman’s protection appeal ruling the found no basis overturn tribunal’s conclusion that she could reasonably and safely relocate within zimbabwe. its decision left in place. [2020] iehc 5 has dismissed a judicial review an international bulawayo. mr justi
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Courts Service · 2020-01-13 · courts
court of appeal dismisses in delayed €13m negligence claim the upheld high court’s decision to strike out charles mcguinness’s proceedings against a monaghan solicitors’ firm, citing prolonged, unexplained delay and serious prejudice defence. [2020] ieca 111 has dismissed striking his breach contrac
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