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Courts Service · 2020-03-31 · courts

High Court refuses challenge to requirement for changed circumstances in repeat bail application

high court refuses challenge to requirement for changed circumstances in repeat bail application the held that a district judge could require relevant and probative before considering further after an earlier grant had been revoked. [2020] iehc 181 has refused all relief sought by david prescott jud

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Courts Service · 2020-03-31 · courts

High Court refuses challenge to visa refusals for EU national’s wife and son

high court refuses challenge to visa refusals for eu national’s wife and son the found no legal deficiency in minister’s decisions or process, refused all relief sought judicial review. [2020] iehc 179 has a review by mohamed ahsan refusing irish entry visas his son, finding process that produced th

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Courts Service · 2020-03-31 · courts

High Court dismisses Hanrahan’s malicious prosecution claim

high court dismisses hanrahan’s malicious prosecution claim the found had reasonable and probable cause no evidence of malice, despite failures in handling that led to his conviction being quashed. [2020] iehc 180 has dismissed richard for over a criminal damage arising from 2011 protest county mayo

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Courts Service · 2020-03-31 · courts

Supreme Court dismisses appeal over right to remain while re-entry request was considered

supreme court dismisses appeal over right to remain while re-entry request was considered the held that ended when an international protection officer recommended refusing consent a subsequent application. it did not decide whether proceedings were collateral attack on deportation order. of ireland

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Courts Service · 2020-03-30 · courts

High Court rejects Nuzums’ appeals over proposed mortgage restructuring

high court rejects nuzums’ appeals over proposed mortgage restructuring the found couple eligible to seek personal insolvency relief, but said evidence did not satisfy several statutory conditions for confirming their arrangements. it dismissed and upheld circuit court’s refusal confirm them. [2020]

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Courts Service · 2020-03-30 · courts

High Court gives examiner a chance to add evidence before deciding fees

high court gives examiner a chance to add evidence before deciding fees the set priority of over certified company liabilities but did not decide how much €294,872.97 claim should be allowed. [2020] iehc 173 has given an further opportunity support claims for and legal costs arising from examinershi

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Courts Service · 2020-03-27 · courts

High Court refuses Portlaoise prisoner’s bid for immediate release

high court refuses portlaoise prisoner’s bid for immediate release the found committal warrant valid and said other complaints did not show a fundamental flaw that made his detention unlawful under article 40. [2020] iehc 154 has refused james fogarty’s application from prison, finding was establish

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Courts Service · 2020-03-27 · courts

High Court refuses solicitor’s bid for security for costs after 14-year delay

high court refuses solicitor’s bid for security costs after 14-year delay the found company could not meet a order and that solicitor had prima facie defence, but ruled concerns about his conduct were special circumstances against requiring security. [2020] iehc 153 has refused application property

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Courts Service · 2020-03-26 · courts

Court of Appeal dismisses challenge to receiver injunctions over Galway home

court of appeal dismisses challenge to receiver injunctions over galway home the upheld interim orders protecting a receiver’s access and control mervue property, while dismissing separate affidavit supporting injunction application. [2020] ieca 76 has dismissed aidan davey’s against interlocutory c

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Courts Service · 2020-03-26 · courts

Court of Appeal dismisses landlords’ challenge to receiver orders

court of appeal dismisses landlords’ challenge to receiver orders the concerned interlocutory allowing a manage four cork properties while underlying proceedings continued. left high in place, reserving bank-name dispute for trial. [2020] ieca 75 has dismissed an by landlords paddy mckeown and adela

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Courts Service · 2020-03-26 · courts

High Court says adult dependants need not obtain approval for fatal injury settlement

high court says adult dependants need not obtain approval for fatal injury settlement the held that was required agreed because all six statutory were adults with legal capacity. it directed an order could be finalised only after a supplemental affidavit addressed two siblings’ consent and waiver. [

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Courts Service · 2020-03-26 · courts

Court of Appeal dismisses solicitor’s appeal over threat to destroy former clients’ files

court of appeal dismisses solicitor’s over threat to destroy former clients’ files the upheld a professional misconduct finding and rejected jurisdictional challenge solicitors disciplinary tribunal’s inquiry. [2020] ieca 77 has dismissed solicitor barry sheehan’s against arising from his unless the

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Courts Service · 2020-03-25 · courts

High Court grants KBC possession of Galway family home after rehearing

high court grants kbc possession of galway family home after rehearing the found that bank owned registered charge and borrowers had defaulted. it said funds lodged in from second defendant’s uk property sale should be paid to her, subject further submissions. [2020] iehc 175 has ordered a ireland p

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Courts Service · 2020-03-25 · courts

High Court confirms Hibernia REIT €50m capital reduction

high court confirms hibernia reit €50m capital reduction the approved a of company’s share premium account after rejecting objections from richard farrington, who did not establish that he was creditor entitled to object. [2020] iehc 144 court, commercial has confirmed plc’s proposed €50 million its

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Courts Service · 2020-03-25 · courts

High Court dismisses challenge to trainee accountant permit refusal

high court dismisses challenge to trainee accountant permit refusal the found minister was not bound by uk occupational classification advice relied on applicant and dismissed her judicial review. [2020] iehc 174 has a review challenging of an employment for role. mr justice heslin ruled that legall

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Courts Service · 2020-03-25 · courts

High Court quashes council decision suspending family’s housing application

high court quashes council decision suspending family’s housing application the found kerry county had not adequately explained why it confirmed a suspension until july 2020, and sent matter back for reconsideration. [2020] iehc 176 quashed council’s to suspend social 6 finding given adequate reason

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Courts Service · 2020-03-24 · courts

Supreme Court orders discovery of Irish Stock Exchange reports in Waterford Credit Union case

supreme court orders discovery of irish stock exchange reports in waterford credit union case the allowed union’s appeal over two concerning davy’s dealings with unions, while dismissing cross-appeal against their discoverability. has directed damages stockbrokers j & e davy, ruling that refusing ac

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Courts Service · 2020-03-23 · courts

Supreme Court dismisses appeal over time limit for challenging immigration review

supreme court dismisses appeal over time limit for challenging immigration review the held that a refusal to change an earlier decision denying permission remain was covered by statutory judicial limit. it dismissed on single issue. has a.w.k. (pakistan), holding ministerial which left of unchanged

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Courts Service · 2020-03-23 · courts

High Court dismisses appeal against Sligo home possession order

high court dismisses appeal against sligo home possession order the affirmed circuit sought by start mortgages dac, but stayed its execution for six months. [2020] iehc 140 has dismissed keith mcnair’s a granting dac of dwelling house and lands in co. sligo. was affirmed, with months from 23 march 2

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Courts Service · 2020-03-20 · courts

High Court refuses to withdraw six defamation statements from jury

high court refuses to withdraw six defamation statements from jury the found sufficient evidence for jurors consider malice and liability on claims, but withdrew claim about an alleged petition remove plaintiff his turf club security post. [2020] iehc 425 has refused application by irish racehorse t

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Courts Service · 2020-03-20 · courts

Court of Appeal dismisses challenge to environmental costs order

court of appeal dismisses challenge to environmental costs order the held that judicial review a waste collection permit renewal fell within special rules. underlying had already been dismissed by high court. [2020] ieca 72 has offaly county council’s against an applying rules proceedings concerning

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Courts Service · 2020-03-19 · courts

Supreme Court refuses Montex bid to lift stay on earlier costs order

supreme court refuses montex bid to lift stay on earlier costs order the kept of appeal in place, but declined diesel spa’s separate request for a its unsuccessful appeal. has refused holdings limited’s application favour, while declining payment arising from ruling followed written submissions part

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Courts Service · 2020-03-19 · courts

Supreme Court rejects Diesel’s bid to add evidence to trademark appeal

supreme court rejects diesel’s bid to add evidence trademark appeal the held that murphy test applies applications introduce new in appeals and dismissed after finding material could have been obtained for original hearing. of ireland has diesel s.p.a.’s over its attempt additional a registration di

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Courts Service · 2020-03-19 · courts

Supreme Court dismisses appeal over Mountjoy prisoner’s contempt detention

supreme court dismisses appeal over mountjoy prisoner’s contempt detention the held that an article 40 inquiry must examine whether is lawful, even where application involved abuse of process. it found patrick ryan’s lawful and upheld dismissal his appeal. has dismissed seven-day committal to prison

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Courts Service · 2020-03-18 · courts

High Court awards €53,682.95 to worker injured while stock-taking at Topaz

high court awards €53,682.95 to worker injured while stock-taking at topaz the found energy group liable for a knee injury after concluding that risks from squatting and kneeling during work had not been adequately assessed. [2020] iehc 215 limited worker’s she was its clonshaugh service station, pr

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Courts Service · 2020-03-13 · courts

Court of Appeal dismisses DPP reviews of suspended drug sentences

court of appeal dismisses dpp reviews suspended drug sentences the said custodial would ordinarily have been required, but delay in bringing to a hearing meant it not impose prison terms years after offences. dismissed director public prosecutions’ applications review derek naylor and paul goddard,

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Courts Service · 2020-03-13 · courts

Court of Appeal allows tax appeal admission challenge over missing reasons

court of appeal allows tax admission challenge over missing reasons the ruled that commissioner had not explained why statutory preconditions applied to five appellants. it allowed their against high court’s refusal judicial review relief. [2020] ieca 73 has an by anonymised appellants after finding

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Courts Service · 2020-03-13 · courts

High Court dismisses Leisureplex landlord’s bid for immediate possession

high court dismisses leisureplex landlord’s bid for immediate possession the declined to take over a dispute due be decided in circuit court, finding tenant had an arguable claim new tenancy and that landlord not shown strong enough case order. [2020] iehc 132 commercial has dismissed application or

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Courts Service · 2020-03-13 · courts

High Court refuses prisoner's bid over disclosure of special-cell reasons

high court refuses prisoner's bid over disclosure of special-cell reasons the found request for an order requiring mountjoy prison’s governor to disclose and duration a prisoner’s special-observation-cell placement was moot, that applicant lacked standing. it did not decide whether data-protection l

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Courts Service · 2020-03-13 · courts

Court of Appeal rejects challenge to Dublin public-decency offence

court of appeal rejects challenge to dublin public-decency offence the dismissed a man’s against high court’s refusal find unconstitutionally vague, while leaving factual dispute about how he urinated for his trial. [2020] ieca 69 has tezaur bita’s strike down as vague. held that offence’s reference

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Courts Service · 2020-03-13 · courts

Court of Appeal dismisses challenge to sentences for threats against gardaí

court of appeal dismisses challenge to sentences for threats against gardaí the found no error in principle imposed, including five-year term with final three years suspended on conditions. has dismissed patrick joseph o’reilly’s severity imposed kill and two assault charges, finding sentencing judg

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Courts Service · 2020-03-13 · courts

Wexford court grants care order for child until adulthood

wexford court grants care order for child until adulthood the district committed a young to and family agency’s duration of her minority, with access left discretion review directed after two years. court, area wexford, no. 23 at granted agency o.r. she reaches adulthood, finding that welfare was li

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Courts Service · 2020-03-12 · courts

High Court awards €302,445 to woman after finding crash worsened post-surgery injuries

high court awards €302,445 to woman after finding crash worsened post-surgery injuries the found 2016 collision caused a significant deterioration in plaintiff’s condition and rejected bid dismiss her action over future earnings claim. it reserved which defendants would be liable for judgment. [2020

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Courts Service · 2020-03-12 · courts

High Court refuses challenge to revocation of second residence card

high court refuses challenge to revocation of second residence card the held that applicant had not obtained leave argue minister applied wrong burden proof and rejected his evidence supporting marriage-of-convenience decision. [2020] iehc 135 has refused echezona justice nwachukwu’s application for

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Courts Service · 2020-03-12 · courts

High Court rules quarry substitute-consent application was invalid and grants relief to applicant

high court rules quarry substitute-consent application was invalid and grants relief to applicant the found that maps accompanying a covered 40.875 hectares rather than 5.95 relevant application. it said an bord pleanála should have treated as its delay breached statutory fair-procedure duties. [202

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Courts Service · 2020-03-12 · courts

Court of Appeal dismisses Julian Flohr’s appeal against IRA membership conviction

court of appeal dismisses julian flohr’s against ira membership conviction the upheld his conviction, finding that evidence about presence in a car transporting training mortar independently supported senior garda officer’s belief evidence. has dismissed for an unlawful organisation styling itself i

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Courts Service · 2020-03-12 · courts

High Court grants Everyday Finance €1.5m summary judgment against Ivor Callely

high court grants everyday finance €1.5m summary judgment against ivor callely the rejected callely’s unsupported assertion that he understood a settlement had been reached with aib. jennifer separately consented to for €1.5m. 2020 iehc 131 court, commercial has granted dac €1.5 million in proceedin

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Courts Service · 2020-03-12 · courts

High Court finds council failed to decide couple’s 2019 housing application on time

high court finds council failed to decide couple’s 2019 housing application on time the held that south dublin county had deal with a fresh made after applicants’ circumstances changed. it found breach of 12-week requirement but left form relief for later discussion. [2020] iehc 250 within statutory

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Courts Service · 2020-03-12 · courts

Appeal court sets aside summary judgment in Danske Bank loan dispute

appeal court sets aside summary judgment in danske bank loan dispute the of found an arguable limitation defence based on a record referring to april 2009 demand letter and said should proceed plenary hearing. [2020] ieca 126 has allowed john kelly’s against high €1,502,175 favour a/s, finding over

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Courts Service · 2020-03-12 · courts

High Court quashes protection appeal decisions over unexplained credibility findings

high court quashes protection appeal decisions over unexplained credibility findings the sent two brothers’ cases back to international appeals tribunal for fresh consideration, finding legal deficiencies in its reasons rejecting their accounts. [2020] iehc 134 quashed refusing anonymised brothers a

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Courts Service · 2020-03-12 · courts

High Court refuses challenge to Athlone West planning decision

high court refuses challenge to athlone west planning decision the upheld an bord pleanála’s refusal of a monksland development, finding no basis quash its decision. [2020] iehc 290 has refused donal kenny’s application permission for proposed district centre at monksland, west. in judgment delivere

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Courts Service · 2020-03-12 · courts

Court of Appeal refuses repeat bid for recording of possession appeal

court of appeal refuses repeat bid for recording possession the ruled it had jurisdiction to hear kevin gormley’s against refusal access a digital audio recording, but dismissed on merits. [2020] ieca 102 has refused over high decision denying him (dar) hearing in his order. judgment delivered 12 ma

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Courts Service · 2020-03-11 · courts

Court of Appeal annuls winding-up order against PPF Capital Source

court of appeal annuls winding-up order against ppf capital source the found that company’s director had an adequate explanation for missing original hearing and put forward credible evidence petition was pursued ulterior purpose. [2020] ieca 63 appeal, civil has annulled limited, finding its direct

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Courts Service · 2020-03-11 · courts

Court of Appeal refuses DPP bid to increase nine-year sentence

court of appeal refuses dpp bid to increase nine-year sentence the called “very lenient” but found it did not warrant intervention in a review convictions involving two complainants. 126/cja/19 appeal; central criminal (sentencing court) has refused director public prosecutions application as unduly

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Courts Service · 2020-03-11 · courts

Court of Appeal dismisses challenge to refusal of independent immigration status

court of appeal dismisses challenge to refusal independent immigration status the said minister could consider purpose domestic violence guidelines and circumstances application. it also held that do not require evidence ongoing abuse, though some risk or reasonable apprehension future abuse must be

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Courts Service · 2020-03-11 · courts

Court of Appeal replaces fully suspended sentence with four years, half suspended, for Tipperary endangerment

court of appeal replaces fully suspended sentence with four years, half suspended, for tipperary endangerment the allowed a dpp review, finding undue leniency in full suspension after vehicle was driven into group people. appeal, criminal has quashed four-year imposed on robert maxwell and replaced

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Courts Service · 2020-03-11 · courts

High Court refuses Bank of Ireland summary judgment over two mortgages

high court refuses bank of ireland summary judgment over two mortgages the found had not shown clearly how it calculated debt claimed, but gave liberty to apply amend its claim and provide further evidence. [2020] iehc 249 refused ireland’s application for against gerry ward mortgage loans, finding

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Courts Service · 2020-03-11 · courts

Court of Appeal dismisses appeal over convictions for rape and sexual assault

court of appeal dismisses over convictions for rape and sexual assault the rejected all nine remaining grounds appeal, including challenges to recorded interviews, trial evidence jury directions. [214/18] has dismissed s. a.’s against three counts 20 assault, finding no error in judge’s rulings or d

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Courts Service · 2020-03-10 · courts

Court of Appeal increases sentence for assisting criminal organisation to six years

court of appeal increases sentence for assisting criminal organisation to six years the allowed dpp’s undue-leniency appeal, setting an eight-year headline before mitigation and suspending final 15 months six-year term. [277/2018] increased martin aylmer’s participating in activities a from three ni

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Courts Service · 2020-03-10 · courts

Court of Appeal dismisses Darren Murphy’s appeal against murder conviction

court of appeal dismisses darren murphy’s against murder conviction the rejected challenges to bad character evidence and trial judge’s directions on provocation, leaving life sentence in place. 2018 no. 204 has dismissed his for olivia dunlea, rejecting admission provocation. murphy was convicted b

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Courts Service · 2020-03-10 · courts

High Court refuses bid to pause Mount Juliet planning challenge

high court refuses bid to pause mount juliet planning challenge the rejected applications stay judicial review proceedings and lift a restraint on an bord pleanála deciding related appeal. lawfulness of retention permission remains for substantive hearing. [2020] iehc 128 has refused works at estate

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Courts Service · 2020-03-09 · courts

Court of Appeal dismisses McHugh’s appeals over defence and three motions

court of appeal dismisses mchugh’s appeals over defence and three motions the upheld high court’s decisions to extend time for defendants’ defence, refuse strike it out reject a pre-emptive motion limitation defence. [2020] ieca 128 dismissed harry against orders dealing with in his long-running cas

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Courts Service · 2020-03-09 · courts

Court of Appeal dismisses ship agent’s claim over Bari port costs

court of appeal dismisses ship agent’s claim over bari port costs the upheld dismissal a €38,314.07 against vessel’s bareboat charterer, finding no personal liability or maritime lien had been established. it also rejected charterer’s challenge to 10% reduction in its high costs. [2020] ieca 58 appe

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Courts Service · 2020-03-09 · courts

High Court dismisses objection to Hyde insolvency arrangement

high court dismisses objection to hyde insolvency arrangement the found that ge capital had waived its secured status and was correctly counted as an unsecured creditor in vote. [2020] iehc 123 dismissed promontoria (scariff) dac’s a proposed personal for gary hyde, finding woodchester ltd treated w

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Courts Service · 2020-03-09 · courts

High Court makes no order on costs after Portuguese national’s release

high court makes no order on costs after portuguese national’s release the said proceedings had adequate causal link to state’s decision applicant, which followed contact from embassy. [2020] iehc 171 made as in a judicial review case brought man was refused leave land ireland and detained. his emba

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Courts Service · 2020-03-09 · courts

Court of Appeal dismisses tenant’s appeal over lender’s claim to landlord status

court of appeal dismisses tenant’s over lender’s claim to landlord status the held that lender did not become merely by obtaining a possession order, while leaving her free pursue properly amended its security was subject tenancy. [2020] ieca 54 has dismissed valerie hayes’s promontoria (finn) limit

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Courts Service · 2020-03-09 · courts

Court of Appeal dismisses Dean Russell’s appeals over property receivership orders

court of appeal dismisses dean russell’s appeals over property receivership orders the upheld findings that three properties were proceeds crime and ruled appointing a receiver dublin home was justified to preserve it, including because concerns about insurance. [2020] ieca 61 has dismissed two by r

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Courts Service · 2020-03-09 · courts

High Court permits surrender to Romania on organised crime and murder charges

high court permits surrender to romania on organised crime and murder charges the found was not barred by ireland’s extraterritorial jurisdiction rules or prison conditions evidence, but declined permit it attempted aggravated robbery charges. [2020] iehc 143 has permitted petronel pal’s of creating

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Courts Service · 2020-03-09 · courts

Court of Appeal reduces Kilkenny bar burglary sentence to two years

court of appeal reduces kilkenny bar burglary sentence to two years the found original was based on an error in assessing burglary’s seriousness, but upheld decision not suspend any part sentence. reduced romeo stanescu’s for stealing €3,500 from a bar, finding that sentencing judge had wrongly plac

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Courts Service · 2020-03-06 · courts

High Court refuses appeal over solicitor misconduct complaints

high court refuses appeal over solicitor misconduct complaints the upheld disciplinary tribunal’s decision that did not establish a prima facie case of misconduct, leaving related estate and civil disputes to be resolved through proceedings. [2020] iehc 238 has refused an by three people against sol

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Courts Service · 2020-03-06 · courts

High Court dismisses Sheehan claim as abuse of process

high court dismisses sheehan claim as abuse of process the dismissed proceedings against link asset services and mason hayes curran, but reserved a decision on whether to restrict future claims pending further submissions. [2020] iehc 229 brought by michelle eamon j. o’neill finding case was an proc

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Courts Service · 2020-03-06 · courts

High Court says trial can proceed despite deleted hotel CCTV footage

high court says trial can proceed despite deleted hotel cctv footage the found no serious risk of an unfair because missing could not identify driver and district judge assess evidence that remained. [2020] iehc 120 has ruled a accidental deletion from car park, finding loss would make unfair. in co

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Courts Service · 2020-03-06 · courts

High Court finds solicitor entitled to recover fees after negligence defence fails

high court finds solicitor entitled to recover fees after negligence defence fails the accepted evidence that thomas loomes’s firm had provided legal services described in its bill of costs. it did not set amount recoverable, directing parties be heard on how should determined. [2020] iehc 237 has r

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Courts Service · 2020-03-06 · courts

High Court dismisses AIB records claim over dissolved cleaning company

high court dismisses aib records claim over dissolved cleaning company mr justice allen ruled that john sheridan’s action seeking and banking was hopeless irremediable. the dismissed it as frivolous vexatious. [2020] iehc 141 has against allied irish banks plc for relating to emerald contract cleane

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Courts Service · 2020-03-06 · courts

High Court orders €417,642 security for costs in 3V Benelux claim

high court orders €417,642 security for costs in 3v benelux claim the ordered cash or a bond by 5 january 2022 and stayed further proceedings until is provided. [2020] iehc 139 has bv to provide its action against safecharge card services limited. must be provided 2022. are it ruling mr justice alle

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Courts Service · 2020-03-05 · courts

Court of Appeal dismisses challenge to sentence for 2001 sexual assault

court of appeal dismisses challenge to sentence for 2001 sexual assault the found no error principle in two years and six months’ imprisonment, with final four months suspended. appeal; from dublin circuit criminal has dismissed an against a imposed on man convicted sexually assaulting 13-year-old g

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Courts Service · 2020-03-05 · courts

High Court dismisses bid to stop retrial over three sexual assault counts

high court dismisses bid to stop retrial over three sexual assault counts the held applicant had not shown would inevitably be unfair and discharged stay on criminal proceedings. underlying charges remain for trial. [2020] iehc 165 has dismissed a judicial review application by an anonymised man see

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Courts Service · 2020-03-05 · courts

High Court orders surrender to Germany over 28 alleged offences

high court orders surrender to germany over 28 alleged offences the rejected six objections a european arrest warrant seeking man’s for prosecution, finding that additional details clarified and each offence corresponded an under irish law. [2020] iehc 130 has ordered of razvan tache prosecution off

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Courts Service · 2020-03-05 · courts

Court of Appeal dismisses challenge to sale of bankrupt husband’s family home

court of appeal dismisses challenge to sale bankrupt husband’s family home the upheld high court’s sanction for sale, finding appellant had not established a beneficial interest that justified postponement. it recognised impact on her and dependent children be weighed, but did decide separate proper

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Courts Service · 2020-03-05 · courts

High Court orders Lithuanian surrender after finding appeal route for arrest warrant

high court orders lithuanian surrender after finding appeal route for arrest warrant the rejected respondent’s remaining objection to surrender, accepting lithuania’s assurances that he could european and receive legal aid. [2020] iehc 121 has ordered tomas lisauskas’s lithuania under a warrant, rej

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Courts Service · 2020-03-04 · courts

High Court rejects bid to exclude trainer’s evidence in defamation trial

high court rejects bid to exclude trainer’s evidence in defamation trial the refused an application strike out qualified privilege pleas, but said jury must disregard that could establish truth of disputed statements. [2020] iehc 363 by chris gordon have a given racehorse trainer liz doyle and irish

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Courts Service · 2020-03-04 · courts

Court of Appeal sets aside dismissal of former Defence Forces mechanic’s injury claim

court of appeal sets aside dismissal former defence forces mechanic’s injury claim the ruled that a medical report relied on to dismiss ian coughlan’s was hearsay and he should have had an opportunity answer it under cross-examination. [2020] ieca 53 has set aircraft personal injuries claim, ruling

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Courts Service · 2020-03-04 · courts

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

high court dismisses challenge to rejection of algerian man’s protection appeal the rejected five grounds challenging tribunal’s credibility assessment and dismissed judicial review application. [2020] iehc 157 an application for international appeals decision rejecting his protection. did not grant

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Courts Service · 2020-03-03 · courts

Court of Appeal dismisses appeals in bankruptcy case against John Tobin

court of appeal dismisses appeals in bankruptcy case against john tobin the rejected challenges to summons and petition, finding no real substantial issue over debt or revenue’s handling stamp duty certificates. [2020] ieca 49 has dismissed tobin’s orders refusing dismiss a adjudicating him bankrupt

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Courts Service · 2020-03-03 · courts

High Court upholds Waterford Council’s decision to stop HAP over rental defects

high court upholds waterford council’s decision to stop hap over rental defects the found council could payments without serving a prohibition notice, but had no power require tenants leave. it refused all three remedies sought in judicial review. [2020] iehc 116 upheld city and county housing assis

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Courts Service · 2020-03-03 · courts

High Court rejects bid to limit radiologist’s evidence in negligence case

high court rejects bid to limit radiologist’s evidence in negligence case the ruling allows dr coffey give relevant factual about her reading of mammograms, while preserving objections if testimony strays into expert opinion. [2020] iehc 115 has rejected an application restrict from a radiologist ac

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Courts Service · 2020-03-03 · courts

High Court refuses last-minute bid to halt assault trial

high court refuses last-minute bid to halt assault trial the refused joseph lavery’s application for a stay on eve of his circuit trial, citing procedural and evidential shortcomings. [2020] iehc 156 charge assaulting member an garda síochána. was made afternoon 3 march 2020, day before due begin. m

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Courts Service · 2020-03-03 · courts

High Court refuses challenge to prison officer’s transfer to escort unit

high court refuses challenge to prison officer’s transfer escort unit the found officer had not shown that his was a disciplinary sanction or one attracted constitutional fair procedure rights. it refused reliefs sought in judicial review. [2020] iehc 459 has james ben buckley’s from irish service’s

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Courts Service · 2020-03-03 · courts

High Court upholds forfeiture of €26,000 seized from van

high court upholds forfeiture of €26,000 seized from van the rejected a late challenge to detention orders and found evidence showed, on balance probabilities, that cash represented criminal proceeds or was intended for use. [2020] iehc 117 upheld stephen fowler after finding, money crime use in con

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Courts Service · 2020-03-03 · courts

High Court rules pre-2014 DNA profile could not lawfully be added to database

high court rules pre-2014 dna profile could not lawfully be added to database the answered two questions about a crime-scene in negative, but left its admissibility and trial judge’s ability admit it for judge decide. [2020] iehc 231 ruled that generated from sample before criminal justice (forensic

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Courts Service · 2020-03-03 · courts

High Court gives Meath County Council liberty to renew waste-site contempt motion

high court gives meath county council liberty to renew waste-site contempt motion the made no order on existing against two respondents over alleged non-compliance with an earlier remediation order, but set out steps for a new enforcement application. [2020] iehc 142 has council’s seeking attachment

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Courts Service · 2020-03-03 · courts

High Court refuses remaining reliefs in prison officer’s judicial review

high court refuses remaining reliefs in prison officer’s judicial review the held that challenges to two temporary transfer decisions were moot after neither went ahead, and rejected claims about preliminary handling of bullying complaints. [2020] iehc 458 refused sought by officer david mcdonald ca

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Courts Service · 2020-03-03 · courts

High Court refuses prison officer’s challenge to bullying complaint report

high court refuses prison officer’s challenge to bullying complaint report the ruled that a preliminary under service’s dignity at work policy was not amenable judicial review. it said fair-procedures claims would also fail if were reviewable. [2020] iehc 460 has refused application quash on made ag

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Courts Service · 2020-03-02 · courts

High Court proposes confirming McNamara debt arrangement, subject to estate update

high court proposes confirming mcnamara debt arrangement, subject to estate update the rejected three objections by secured creditor tanager dac but postponed a formal order until it receives an on when assets in debtor’s late father’s will be realised. [2020] iehc 103 has said confirm personal inso

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Courts Service · 2020-03-02 · courts

High Court adjudicates solicitor bankrupt after rejecting bid for further repayment review

high court adjudicates solicitor bankrupt after rejecting bid for further repayment review the said revenue commissioners had considered and rejected proposals a personal insolvency arrangement, declined to require fresh or adjourn petition. [2020] iehc 152 has adjudicated identified as pmcg bankrup

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Courts Service · 2020-03-02 · courts

Bank ordered to pay costs after unsuccessful personal insolvency appeal

bank ordered to pay costs after unsuccessful personal insolvency appeal the high court ruled on of ireland mortgage bank’s appeal, which had already been dismissed, and practitioner’s costs. [2020] iehc 102 has its against confirmation a arrangement for rebecca forde egan. mr justice denis mcdonald’

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Courts Service · 2020-03-02 · courts

Court of Appeal increases sentences over armed Waterford post office robbery

court of appeal increases sentences over armed waterford post office robbery the allowed director public prosecutions’ undue-leniency applications, quashed original and resentenced four men for firearm possession. increased imposed on who pleaded guilty to robbing cleaboy in at gunpoint, finding tha

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Courts Service · 2020-03-02 · courts

Court of Appeal dismisses appeal against sexual assault conviction

court of appeal dismisses against sexual assault conviction the rejected challenges over intoxication and evidence about a barring order, leaving sentence undisturbed. has dismissed m.x.’s his for sexually assaulting eldest daughter, rejecting arguments trial judge’s directions on admission concerni

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Courts Service · 2020-03-02 · courts

Court of Appeal dismisses challenge to eight-year van-handling sentence

court of appeal dismisses challenge to eight-year van-handling sentence the upheld sentence, finding no error in sentencing judge’s assessment appellant’s role, wider operation or mitigation. appeal; imposed by leitrim circuit criminal has dismissed an against with final two years suspended, for han

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Courts Service · 2020-03-02 · courts

High Court corrects rule cited in refused possession order

high court corrects rule cited in refused possession order the amended a 2014 to show that pepper finance had sought renew an of possession, not seek leave issue execution. renewal application itself remains refused. [2020] iehc 105 has corrected clerical error concerning corporation (ireland) dac’s

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Courts Service · 2020-03-02 · courts

High Court rejects proposed debt-for-equity swap in personal insolvency appeal

high court rejects proposed debt-for-equity swap in personal insolvency appeal the held that arrangement would reduce secured mortgage principal below home’s market value without bank’s consent, and affirmed circuit court’s refusal to confirm it. [2020] iehc 104 court, appeal, midland circuit, count

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Courts Service · 2020-03-02 · courts

High Court allows contractor to issue third-party notice against child’s grandmother

high court allows contractor to issue third-party notice against child’s grandmother the permitted a claim proceed, but directed that trial judge decide how should be tried and whether must file defence. [2020] iehc 288 has allowed building next friend of child bringing personal injuries over an inc

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