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Courts Service · 2020-04-30 · courts

High Court dismisses challenge to revocation of prisoner’s temporary release

high court dismisses challenge to revocation of prisoner’s temporary release the held that assistant governor’s inquiry was adequate and decision return applicant prison lawful. it dismissed judicial review; did not decide whether he committed criminal trespass. a review by edward o’reilly end his f

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Courts Service · 2020-04-30 · courts

Investor Compensation Company ordered to bear costs of client representatives

investor compensation company ordered to bear costs of client representatives the high court ruled on who must pay two representatives’ in a dispute over potential subrogation claims. it did not hear or decide underlying [2020] iehc 510 has that dac (iccl) appointed its claims custom house capital a

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Courts Service · 2020-04-30 · courts

Court of Appeal dismisses challenge to Irish greyhound exclusion order

court of appeal dismisses challenge to irish greyhound exclusion order the held that bord na gcon had conducted a sufficient investigation and provided fair procedures before excluding christopher connolly from three types events venues. [2020] ieca 122 has dismissed connolly’s against high decision

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Courts Service · 2020-04-30 · courts

Supreme Court dismisses appeal over District Court road-traffic proceedings

supreme court dismisses appeal over district road-traffic proceedings the upheld high court’s refusal of most requested judicial review relief, leaving in place a declaration that kevin tracey could retain stenographer at his own expense, subject to trial judge preventing disruption or delay. has di

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Courts Service · 2020-04-30 · courts

High Court orders further discovery in dispute over Ardstone profit share

high court orders further discovery in dispute over ardstone profit share the required capital to disclose specified documents and explain what happened a former employee’s deleted emails. it refused other parts of his application. [2020] iehc 200 has ordered limited concerning employee john daly’s

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Courts Service · 2020-04-30 · courts

Court of Appeal confirms liquidator must pay appeal costs personally

court of appeal confirms liquidator must pay costs personally the rejected anthony j. fitzpatrick’s request to recover his from cherryfox limited’s liquidation assets, citing evidence bad faith or misconduct. [2020] ieca 123 has confirmed that fitzpatrick personally, after rejecting for an indemnity

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Courts Service · 2020-04-30 · courts

Supreme Court dismisses appeal over 2004 careless-driving conviction

supreme court dismisses appeal over 2004 careless-driving conviction the held that judicial review was not a substitute for available to appellant, and found no basis overturn high court’s refusal of review. has dismissed kevin tracey’s against decision refusing his district driving without due care

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Courts Service · 2020-04-30 · courts

High Court ties injunction costs to outcome of counterclaim trial

high court ties injunction costs to outcome of counterclaim trial after overturning an interlocutory injunction, the made receiver’s and promontoria’s application appeal in cause, while ruling management company could not recover its those applications. [2020] iehc 199 court, circuit appeal, south-w

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Courts Service · 2020-04-29 · courts

Court of Appeal orders fresh discovery affidavit in van-hire contract dispute

court of appeal orders fresh discovery affidavit in van-hire contract dispute the refused three additional categories but allowed an over deficiencies respondents’ affidavits, ordering a single composite and explanation searches for documents no longer held. [2020] ieca 120 has concerning alleged ag

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Courts Service · 2020-04-29 · courts

Court of Appeal shifts injunction costs after late college offer

court of appeal shifts injunction costs after late college offer the varied a high order in now moot dispute over student’s removal from teacher-training programme, awarding him incurred up to 16 september 2019 and limiting college’s recovery following day’s hearing. [2020] ieca 121 appeal; allowed

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Courts Service · 2020-04-29 · courts

High Court refuses liquidator’s bid for access to company-named Gmail account

high court refuses liquidator’s bid for access to company-named gmail account the rejected myles kirby’s application emails, finding no implied or inherent power order their delivery and insufficient evidence that its contents belonged company. [2020] iehc 196 has refused a compel google ireland lim

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Courts Service · 2020-04-29 · courts

Supreme Court dismisses appeal over enhanced remission for children detained at Oberstown

supreme court dismisses appeal over enhanced remission for children detained at oberstown the rejected a constitutional equality claim seeking access to scheme available adult prisoners, while leaving open whether future regulations children’s detention schools could include such scheme. of ireland

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Courts Service · 2020-04-28 · courts

High Court says Fennell’s limitation dispute needs oral evidence

high court says fennell’s limitation dispute needs oral evidence the declined to decide defendants’ application strike out his personal injury claim on affidavit alone, directing that date of knowledge issue be tried as a preliminary issue. [2020] iehc 236 has ruled is needed determine when patrick

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Courts Service · 2020-04-28 · courts

High Court sets aside extension for appeal against 2012 possession order

high court sets aside extension for appeal against 2012 possession order the allowed ics building society’s a 2017 extending killian mcgrath’s time to appeal, finding no credible explanation delay or arguable grounds appeal. [2020] iehc 232 has set an that gave mcgrath extra circuit in favour of soc

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Courts Service · 2020-04-28 · courts

High Court vests Naas industrial land in Clariant Plastics

high court vests naas industrial land in clariant plastics the made order under section 26 of trustee act 1893 after finding dissolved registered owner held on trust for ag and its could not be found. [2020] iehc 211 has vested a leasehold interest at an estate naas, county kildare, & coatings (irel

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Courts Service · 2020-04-28 · courts

High Court declines to rule on challenge to housing-list suspension after case became moot

high court declines to rule on challenge housing-list suspension after case became moot the applicant’s one-year had expired by time judicial review hearing concluded. declined grant requested orders, finding issues moot. [2020] iehc 233 has orders sought a woman challenging donegal county council’s

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Courts Service · 2020-04-28 · courts

High Court rules 20-minute observation period was not required before roadside breath test

high court rules 20-minute observation period was not required before roadside breath test the answered a case stated on law, holding that district judge wrong to dismiss drink-driving prosecution basis. it left consequential orders for later hearing. [2020] iehc 235 has ruled garda observe driver 2

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Courts Service · 2020-04-28 · courts

Court of Appeal quashes P. K.’s convictions

court of appeal quashes p. k.’s convictions the set aside recorded in central criminal 2017 and said it was disposed to make no further order. has quashed against k. on 6 april 2017, stating that a judgment delivered 28 2020, had indicated an earlier judgment, 8 2019, would allow appeal. then convic

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Courts Service · 2020-04-27 · courts

Court of Appeal dismisses murder conviction appeal

court of appeal dismisses murder conviction the ruled that a jury, not trial judge, had to assess accused’s account and his partial defence provocation. it found no error in allowing charge go jury dismissed appeal. has marius gaizutis’s against conviction, ruling judge was right leave jury. judgmen

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Courts Service · 2020-04-27 · courts

High Court places healthcare companies dispute in Commercial List

high court places healthcare companies dispute in commercial list the ruled that oppression proceedings met test and set a remote hearing to decide further directions. underlying claims jurisdiction challenge remain unresolved. [2020] iehc 193 has entered involving thomond holdings ltd sarsfield s.a

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Courts Service · 2020-04-27 · courts

Court of Appeal dismisses former Coolmore employee’s defamation appeal

court of appeal dismisses former coolmore employee’s defamation the upheld high court’s decision to strike out william jones’s claim over a letter bookseller, finding no reasonable cause action and describing proceedings as frivolous vexatious. [2020] ieca 116 has dismissed against striking his stud

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Courts Service · 2020-04-24 · courts

Court of Appeal refuses new grounds and dismisses appeal in rape conviction case

court of appeal refuses new grounds and dismisses in rape conviction case the declined to let c.m. add three challenging jury directions, finding no injustice refusing application. [2020] ieca 117 has refused an appellant’s application his against dismissed appeal. concerned trial judge’s directions

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Courts Service · 2020-04-24 · courts

High Court dismisses challenge to Project Ireland 2040 plans

high court dismisses challenge to project ireland 2040 plans friends of the irish environment argued that environmental assessments for national planning framework and development plan were legally inadequate. rejected all six grounds dismissed application relief. [2020] iehc 225 clg’s adoption (npf

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Courts Service · 2020-04-24 · courts

High Court refers planning challenge withdrawal question to EU court

high court refers planning challenge withdrawal question to eu the judgment does not decide whether permission was lawful or settled judicial review should be struck out. 2019 no. 825 j.r. of ireland has referred questions justice european union about it must continue a after applicants and other pa

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Courts Service · 2020-04-24 · courts

Supreme Court rejects Anthony Buck’s second bid to reopen murder conviction

supreme court rejects anthony buck’s second bid to reopen murder conviction the dismissed appeal over a miscarriage of justice application, ruling that grounds he raised did not offer reasonable prospect success under 1993 act. [2020] iesc 000 ireland has against decision strike out his application

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Courts Service · 2020-04-24 · courts

Supreme Court revives challenge to Clare County Council wastewater register

supreme court revives challenge to clare county council wastewater register the ruled that a continuing policy affecting an engineer’s access work could still be challenged, and sent case back for full trial. it did not decide whether was valid or liable. [2020] iesc 000 has john james mungovan’s co

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Courts Service · 2020-04-23 · courts

High Court restricts Adalbert director for five years over company failures

high court restricts adalbert director for five years over company failures the found that failed to keep adequate records, file returns, wind up insolvent promptly or provide reasonable assistance its liquidator. [2020] iehc 194 has declared daragh heagney cannot act as a secretary, take part in fo

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Courts Service · 2020-04-23 · courts

Supreme Court dismisses appeal over peat extraction referral

supreme court dismisses appeal over peat extraction referral the held that an bord pleanála could not determine friends of irish environment’s without notice to potentially affected landowners and occupiers. has dismissed environment limited’s pleanála’s decision dismiss a concerning in three areas

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Courts Service · 2020-04-22 · courts

Court of Appeal replaces hotel manager’s injunction costs award with no order as to costs

court of appeal replaces hotel manager’s injunction costs award with no order as to the ruled that manager had not first asked for specific undertakings before seeking interlocutory relief. it did decide merits his underlying claims. [2020] ieca 110 has set aside a high requiring muckno hotels limit

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Courts Service · 2020-04-22 · courts

Court of Appeal reduces sentence for handling stolen phones to three years

court of appeal reduces sentence for handling stolen phones to three years the found six-year starting excessive but upheld decision not suspend any part prison term. reduced a man’s mobile from four years’ imprisonment, after finding that headline imposed at trial was excessive. it declined re-sent

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Courts Service · 2020-04-21 · courts

High Court overturns acquittal in unlicensed taxi case, leaves final order open

high court overturns acquittal in unlicensed taxi case, leaves final order open the ruled that a fare need not be agreed advance or paid for evidence to support “hire reward” charge. it invited further submissions on and did direct retrial at this stage. [2020] iehc 224 has overturned of woman charg

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Courts Service · 2020-04-21 · courts

Everyday Finance awarded half its costs after joining AIB court case

everyday finance awarded half its costs after joining aib court case the high ordered paddy mckeown and adelaide mccarthy to pay of dac’s motion, set directions for a separate enforcement motion. it did not decide whether that intended motion should succeed. [2020] iehc 183 designated activity compa

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Courts Service · 2020-04-21 · courts

Court of Appeal orders Quinn to provide security for PwC’s costs

court of appeal orders quinn to provide security for pwc’s costs the allowed appeal, leaving amount and form high court. it did not decide underlying negligence breach duty claims. [2020] ieca 109 has an by pricewaterhousecoopers (pwc) directed that insurance limited (under administration) in its on

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Courts Service · 2020-04-20 · courts

Court of Appeal dismisses three convictions appeals in €2.28m tiger kidnapping case

court of appeal dismisses three convictions appeals in €2.28m tiger kidnapping case the rejected challenges to evidence used at trial and held were safe. its judgment addressed only; sentence outside scope. has dismissed by david byrne, mark farrelly niall byrne against their arising from 2005 abduc

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Courts Service · 2020-04-20 · courts

Court of Appeal rejects challenge to Hawthorn conviction over witness anonymity

court of appeal rejects challenge to hawthorn conviction over witness anonymity the dismissed jonathan hawthorn’s against his for membership an unlawful organisation. judgment addressed only; sentence was not determined in it. has organisation, rejecting arguments that trial unfair because several w

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Courts Service · 2020-04-20 · courts

High Court rejects challenge to substitute-consent direction for Meath quarry

high court rejects challenge to substitute-consent direction for meath quarry the upheld an bord pleanála’s review decision requiring operators of a at murrens apply substitute consent, while rejecting their constitutional governing law. [2020] iehc 195 has refused quash decisions murrens, county me

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Courts Service · 2020-04-20 · courts

High Court certifies appeal questions on European arrest warrant surrender

high court certifies appeal questions on european arrest warrant surrender the allowed an to supreme two about section 44, but declined certify prison assurances and article 3 risk. [2020] iehc 202 certified of law for a possible in case involving petronel pal. it refused further concerning conditio

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Courts Service · 2020-04-20 · courts

High Court enters Clariant property-title proceedings in Commercial List

high court enters clariant property-title proceedings in commercial list the approved listing application on papers and set directions for a later hearing of substantive application. it did not decide dispute. [2020] iehc 182 has entered brought by ag plastics & coatings (ireland) limited list, but

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Courts Service · 2020-04-17 · courts

High Court quashes Cork wind farm and substation permissions, sends appeals back to planning board

high court quashes cork wind farm and substation permissions, sends appeals back to planning board the ordered certiorari remitted both applications an bord pleanála for a fresh decision, recommending that seek updated information about environmental changes since 2014. [2020] iehc 177 court, commer

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Courts Service · 2020-04-16 · courts

Court of Appeal dismisses Ryanair defamation appeal

court of appeal dismisses ryanair defamation the upheld jury trial’s dismissal ryanair’s claim over a 2013 pilots’ bulletin, finding no basis to disturb qualified privilege ruling or verdict. [2020] ieca 105 has dismissed dac and holdings plc’s against their action bulletin sent pilots in 2013. high

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Courts Service · 2020-04-16 · courts

Court of Appeal upholds order for discovery of loan sale price

court of appeal upholds order for discovery loan sale price the dismissed promontoria (aran) limited’s appeal, leaving in place restricted documents about paid loans. it did not decide whether that will affect underlying claim. [2020] ieca 104 has against an requiring to disclose loans acquired from

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Courts Service · 2020-04-16 · courts

Court of Appeal says photocopied breath-test statement can carry evidential presumption

court of appeal says photocopied breath-test statement can carry evidential presumption the dismissed an over use a photocopy after original was apparently mislaid, holding that applied to information on copy in this case. [2020] ieca 103 has anthony mcgrath’s drink-driving case, ruling under road t

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Courts Service · 2020-04-15 · courts

Court of Appeal dismisses challenge to prosecution over 2015 stabbing

court of appeal dismisses challenge to prosecution over 2015 stabbing the upheld high court’s refusal prohibit trial, finding that its conclusion no culpable prosecutorial delay was open it. [2023] ieca 252 has dismissed l.e.’s against her an alleged assault and stabbing. concerned whether loss prot

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Courts Service · 2020-04-09 · courts

Court of Appeal dismisses B.S.’s appeal against rape conviction

court of appeal dismisses b.s.’s against rape conviction the rejected challenges over handling timing evidence and a jury warning on corroboration, finding neither ground made unsafe. [2020] ieca 95 has dismissed conviction, rejecting claims that his trial defence was inadequately presented from hot

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Courts Service · 2020-04-09 · courts

Court of Appeal dismisses murder conviction appeal over evidence admitted at trial

court of appeal dismisses murder conviction over evidence admitted at trial the upheld judge’s admission about deceased’s reported fear appellant and an alleged earlier threat. it dismissed appeal; remained in place. [2020] ieca 97 has d.c.’s against his conviction, ruling that judge was entitled to

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Courts Service · 2020-04-09 · courts

High Court refuses bid to set aside renewal of medical negligence summons

high court refuses bid to set aside renewal of medical negligence summons the found special circumstances for extending time seek and good reason renew, citing an intended but overlooked service, notice defendants a relatively short delay. [2020] iehc 172 has refused application by two hospital pers

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Courts Service · 2020-04-09 · courts

Court of Appeal dismisses appeal against sexual assault convictions

court of appeal dismisses against sexual assault convictions the rejected appellant’s challenges to his trial and refused leave rely on a photograph as new evidence. [2020] ieca 96 has dismissed an conviction anonymised appellant, identified in judgment s.o’s, for 24 counts relating n.o. one t.o. fo

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Courts Service · 2020-04-09 · courts

Court of Appeal dismisses challenge to €6.38m guarantee judgment

court of appeal dismisses challenge to €6.38m guarantee judgment the held that a mortgage’s limited-recourse clause applied borrower’s property security, not separate guarantee. it dismissed and left high court’s summary in place. [2020] ieca 98 has damian stapleton’s against for €6,385,044.64 plus

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Courts Service · 2020-04-09 · courts

Court of Appeal rejects challenge to €250,000 debt proceedings over delay

court of appeal rejects challenge to €250,000 debt proceedings over delay the dismissed anthony fitzpatrick’s against refusal strike out aig europe limited’s claim, finding he had not shown sufficient prejudice from delays. [2020] ieca 99 has a high brought by limited an alleged debt. left in place;

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Courts Service · 2020-04-09 · courts

Court of Appeal rejects parents’ bid to bring three children back to Ireland

court of appeal rejects parents’ bid to bring three children back ireland the upheld refusal consequential orders after an irish recognition order for english return had been set aside. it said children’s welfare and habitual residence did not justify their or transfer proceedings. [2020] ieca 100 h

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Courts Service · 2020-04-08 · courts

High Court clears way for costs review under solicitors’ settlement

high court clears way for costs review under solicitors’ settlement the rejected an argument that fresh proceedings were needed to enforce settlement, but left precise orders be settled after judgment. [2020] iehc 166 has ruled a dispute over legal and former partner’s capital account can proceed ag

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Courts Service · 2020-04-08 · courts

Appeal court cancels Chubb health insurance enforcement direction over defective notice

appeal court cancels chubb health insurance enforcement direction over defective notice the of held that non-eea students taking courses longer than a year are ordinarily resident for purposes act, but cancelled because failed to identify alleged contravention. [2020] ieca 91 issued european group s

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Courts Service · 2020-04-08 · courts

Court of Appeal allows rape conviction appeal over jury direction on corroboration

court of appeal allows rape conviction over jury direction on corroboration the found a material misdirection about whether evidence complainant’s consistency could support or corroborate her account. it allowed that ground alone and invited submissions orders to follow, including direct retrial. an

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Courts Service · 2020-04-08 · courts

Court of Appeal allows narrow challenge to receiver’s appointment to proceed

court of appeal allows narrow challenge to receiver’s appointment proceed the dismissed most thomas kearney’s appeal, but held that his distinct how receiver was appointed arguable and should not have been struck out. [2020] ieca 92 has allowed kearney continue a over secured property, while dismiss

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Courts Service · 2020-04-08 · courts

High Court dismisses bankruptcy summons after finding limitation issue requires trial

high court dismisses bankruptcy summons after finding limitation issue requires trial the did not decide whether debt was statute-barred. it dismissed because debtor raised an with some prospect of success for trial. [2020] iehc 221 a issued by greene king brewing and retailing limited against brian

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Courts Service · 2020-04-08 · courts

High Court finds grounds to extend John Hoey’s bankruptcy but defers final decision

high court finds grounds to extend john hoey’s bankruptcy but defers final decision the found failures cooperate with official assignee, including non-disclosure of cash and absence a proper statement affairs. it asked parties whether allow short further period for cooperation before deciding extens

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Courts Service · 2020-04-08 · courts

High Court refuses Romanian surrender request over identity-document offence

high court refuses romanian surrender request over identity-document offence the ruled that conduct described in european arrest warrant did not correspond to irish offences advanced by state. it decide respondent’s other objections. [2020] iehc 413 refused an application a woman romania, finding re

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Courts Service · 2020-04-08 · courts

High Court sets aside injunction blocking sale of Shannon apartment development

high court sets aside injunction blocking sale of shannon apartment development the allowed an appeal by a receiver and lender, ending interim conditions on proposed while leaving final issues for trial. [2020] iehc 170 court, circuit appeal, south western circuit, county clare has set that had prev

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Courts Service · 2020-04-08 · courts

High Court orders surrender to Poland after rejecting Article 8 objection

high court orders surrender to poland after rejecting article 8 objection the found an unexplained delay in transmitting european arrest warrant, but said and evidence about family life mental health did not meet threshold refuse surrender. [2020] iehc 416 has ordered of artur libera serve remaining

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Courts Service · 2020-04-08 · courts

Appeal court revives part of barrister’s defamation claim over email to Supreme Court Office

appeal court revives part of barrister’s defamation claim over email to supreme office the held that one pleaded meaning a solicitor’s could be defamatory and qualified privilege should not have been decided on strike-out motion. it struck out other meanings. [2020] ieca 93 has allowed against dismi

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Courts Service · 2020-04-08 · courts

High Court refuses Belgian surrender requests over absence of decision to prosecute

high court refuses belgian surrender requests over absence of decision to prosecute the found that belgium’s investigation remained active and no had yet been made charge try either respondent. [2020] iehc 414 refused noel mcphillips caron hatherley, finding them. held was prohibited by section 21a

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Courts Service · 2020-04-08 · courts

Court of Appeal replaces €171,151 interest award with assessment of actual borrowing costs

court of appeal replaces €171,151 interest award with assessment actual borrowing costs the allowed denis kenny’s in part, upheld €76,000 resale shortfall and directed vendors to document accrued on their aib over 454 days. [2020] ieca 90 has replaced a failed property sale dispute an order assess v

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Courts Service · 2020-04-07 · courts

Court of Appeal dismisses Promontoria appeals over proof of Burns debts

court of appeal dismisses promontoria appeals over proof burns debts the upheld a high decision sending two summary debt claims to plenary hearing limited whether had led admissible evidence. [2020] ieca 87 has dismissed (aran) limited’s in proceedings against gerry and anne burns, finding that evid

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Courts Service · 2020-04-07 · courts

High Court dismisses mortgage claim after bank left proceedings idle for more than five years

high court dismisses mortgage claim after bank left proceedings idle for more than five years the found bank’s delay inexcusable and held that it had caused serious prejudice a substantial risk of an unfair trial second defendant. [2020] iehc 187 dismissed start mortgages dac’s against defendant in

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Courts Service · 2020-04-07 · courts

Court of Appeal upholds refusal of summary judgment in Promontoria debt claims

court of appeal upholds refusal summary judgment in promontoria debt claims the agreed that promontoria’s evidence was insufficient for two against gerry and ann burns, while highlighting difficulties facing assignees. [2020] ieca 87 has upheld brought by (aran) limited burns burns. presented to jus

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Courts Service · 2020-04-07 · courts

High Court remits dispute over estate property agreement to Circuit Court

high court remits dispute over estate property agreement to circuit the found specific performance claim fell within jurisdiction and that plaintiff could not reasonably expect damages above its limits. it did decide underlying contract dispute. [2020] iehc 186 of ireland has remitted a an sell from

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Courts Service · 2020-04-07 · courts

High Court refuses solicitor’s bid to appeal misconduct findings nine years late

high court refuses solicitor’s bid to appeal misconduct findings nine years late the refused an extension of time, finding no timely intention and arguable grounds that justified reopening disciplinary after a lengthy delay. law society’s separate sanctions application remained unresolved. [2020] ie

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Courts Service · 2020-04-07 · courts

Court of Appeal dismisses challenge to sale order over registered judgment mortgages

court of appeal dismisses challenge to sale order over registered judgment mortgages the upheld a high allowing wendy doyle recover costs from barrister eugenie houston through houston’s county kildare property if sums remained unpaid. [2020] ieca 86 dismissed and affirmed enforcing four her home. a

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Courts Service · 2020-04-07 · courts

Court of Appeal refuses Gaultier’s requests to adjourn appeals and obtain call-over recording

court of appeal refuses gaultier’s requests to adjourn appeals and obtain call-over recording the rejected concerning judicial conduct procedures a events before 2017 high hearing. separate revenue motion strike out was not pursued; an earlier deadline order remained in place. [2020] ieca 88 refused

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Courts Service · 2020-04-07 · courts

Appeal court reinstates refusal of refugee family reunification application for E.S.

appeal court reinstates refusal of refugee family reunification application for e.s. the held that minister was not required to consider a different relationship had been advanced in or pleaded judicial review. [2020] ieca 89 has allowed justice and equality’s over refused e.s., setting aside high o

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Courts Service · 2020-04-07 · courts

High Court adjourns Perrigo tax challenge amid COVID-19 restrictions

high court adjourns perrigo tax challenge amid covid-19 restrictions the ruled that scheduled 21 april 2020 hearing could not safely proceed in person and a remote be arranged for date. it made no decision on underlying challenge. [2020] iehc 169 court, commercial has adjourned pharma international

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Courts Service · 2020-04-06 · courts

High Court dismisses Pepper appeal over personal insolvency arrangement

high court dismisses pepper appeal over personal insolvency arrangement the upheld an allowing mark fay to remain in his home, while finding that two exhibits were attached affidavit after it was sworn and ordering solicitors pay wasted costs. [2020] iehc 163 has dismissed finance corporation (irela

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Courts Service · 2020-04-06 · courts

High Court refuses to adjourn Cork event centre procurement hearing

high court refuses to adjourn cork event centre procurement hearing the kept dates in place, while extending time for gleneagle hotel file its reply amid covid-19 disruption. 2018 iehc 168 court, commercial list refused (killarney) limited’s request a challenge city council’s funding decision. chang

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Courts Service · 2020-04-06 · courts

Court of Appeal dismisses challenge to Corrib gas terminal licence

court of appeal dismisses challenge to corrib gas terminal licence the rejected maura harrington’s over epa’s revised licence, finding no requirement for a single integrated environmental impact assessment and basis find 2007 had ceased have effect. [2020] ieca 84 appeal, civil has dismissed against

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Courts Service · 2020-04-06 · courts

High Court adjourns part of Griffith discovery bid and orders limited disclosure by both sides

high court adjourns part of griffith discovery bid and orders limited disclosure by both sides the postponed deciding on most andrew griffith’s request until he identifies relevant documents previously held. it ordered two categories sought defendants refused others. [2020] iehc 161 has adjourned ap

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Courts Service · 2020-04-03 · courts

Court of Appeal sends Coillte land-sale information request back for review

court of appeal sends coillte land-sale information request back for review the quashed commissioner’s decision on about sale 402.92 hectares at kilcooley abbey estate, but did not order disclosure. it directed reconsideration and left environmental-information refusal questions open. [2020] ieca 83

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Courts Service · 2020-04-03 · courts

High Court dismisses farmer’s claims over storm damage cover

high court dismisses farmer’s claims over storm damage cover the found that farmer had provided or accepted incorrect construction dates for two cattle sheds and dismissed his against broker insurer. [2020] iehc 167 a insurance zurich plc to sheds, finding was responsible material misrepresentation

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Courts Service · 2020-04-03 · courts

High Court awards €87,238 to motorist who developed PTSD after helping at fatal crash scene

high court awards €87,238 to motorist who developed ptsd after helping at fatal crash scene the found insurer-represented driver owed lisa sheehan a duty of care, rejecting arguments that her claim was barred because she secondary victim or driver’s injuries were self-inflicted. [2020] iehc 160 has

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Courts Service · 2020-04-03 · courts

Court of Appeal dismisses challenge to sale of Kildare lands

court of appeal dismisses challenge to sale kildare lands the held that lender retained its powers under charge after creating a sub-charge, and upheld 2013 transfer two purchasers. [2020] 81 has dismissed thomas morrin’s over county properties, finding secured property loans limited (spl) power tak

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Courts Service · 2020-04-03 · courts

Supreme Court dismisses Maurice Power’s appeal over murder conviction

supreme court dismisses maurice power’s appeal over murder conviction the upheld conviction, finding trial judge’s direction on confession evidence appropriate and rejecting a challenge to lawfulness of extended detention. has dismissed against his for murdering shane rossiter, challenges detention

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Courts Service · 2020-04-03 · courts

High Court sends Pentire loan claim to plenary hearing over amount due

high court sends pentire loan claim to plenary hearing over amount due the found no arguable defence claimed transfers, but said evidence did not establish that €925,000 remained as capital alone. it transferred full for a trial. [2020] iehc 254 has property finance designated activity company’s aga

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Courts Service · 2020-04-03 · courts

Court of Appeal dismisses brothers’ appeals against refusal of bail

court of appeal dismisses brothers’ appeals against refusal bail the upheld high court’s decisions that two men were flight risks and should be refused to prevent further serious offences. it directed patrick curtis raise later custody concerns in a renewed application. [2020] ieca 85 has dismissed

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Courts Service · 2020-04-03 · courts

Court of Appeal rejects RAAP’s claim to performers’ remuneration without their authorisation

court of appeal rejects raap’s claim to performers’ remuneration without their authorisation the allowed in part, finding that performers must authorise a collecting society manage rights. it also set out how ppi handle for who have not authorised raap. [2020] ieca 82 has ruled recorded artists acto

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Courts Service · 2020-04-03 · courts

High Court strikes out guarantee misrepresentation claim after earlier appeal ruling

high court strikes out guarantee misrepresentation claim after earlier appeal ruling the held that issue estoppel barred michael breslin’s against irish bank resolution corporation over alleged statements about lending for a development project. [2020] iehc 191 has struck proceedings limited (in spe

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Courts Service · 2020-04-03 · courts

High Court finds Commissioner’s decision on access to ESB arbitration transcript unlawful and irrational

high court finds commissioner’s decision on access to esb arbitration transcript unlawful and irrational the allowed esb’s appeal a point of law, finding commissioner had not assessed transcript’s contents case by that decision’s copyright reasoning was confusing contradictory. [2020] iehc 190 has f

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Courts Service · 2020-04-03 · courts

High Court refuses adjournment in Shannon LNG judicial review

high court refuses adjournment in shannon lng judicial review the substantive hearing remains scheduled for 30 june 2020 after extended state respondents’ time to prepare opposition papers. [2020] iehc 159 has refused application postpone a challenging inclusion of terminal and connecting pipeline o

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Courts Service · 2020-04-02 · courts

Supreme Court allows appeal over refusal to surrender man to Lithuania

supreme court allows appeal over refusal to surrender man lithuania the said high applied wrong test an article 8 family-rights defence and ordered that respondent may be surrendered under a european arrest warrant. has allowed minister for justice equality’s it held had legal when refused on basis

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Courts Service · 2020-04-02 · courts

High Court strikes out shareholders’ EU law damages claim as bound to fail

high court strikes out shareholders’ eu law damages claim as bound to fail the dismissed proceedings brought by scotchstone capital fund and piotr skoczylas, finding fundamentally misconceived after earlier courts applied a cjeu ruling on 2011 bank recapitalisation. [2020] iehc 184 has struck limite

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Courts Service · 2020-04-02 · courts

Appeal court upholds €1m security order in Irish whiskey competition case

appeal court upholds €1m security order in irish whiskey competition case the of refused two companies’ challenge to an requiring for costs, then set amount at €1 million and continued stay until it is provided. [2020] 80 has by protégé international group (cyprus) limited avalon management inc. aga

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Courts Service · 2020-04-02 · courts

High Court refuses bid to set aside renewed summons in bank debt case

high court refuses bid to set aside renewed summons in bank debt case the held that an unconditional appearance cured irregularity service and compelling reasons justified extending time for renewal. it refused defendant’s application; did not determine underlying claim. [2020] iehc 253 has brian o’

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Courts Service · 2020-04-02 · courts

Court of Appeal rejects late discovery appeal in property dispute

court of appeal rejects late discovery in property dispute the upheld refusal to order further documents about coventry and birmingham transactions, citing appeal’s timing, procedural history availability other evidence. [2020] ieca 79 has dismissed an by defendants seeking additional transactions b

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Courts Service · 2020-04-01 · courts

Court of Appeal dismisses challenge to landfill inspection order

court of appeal dismisses challenge to landfill inspection order the upheld an allowing defendants’ experts inspect and sample site, finding high acted within its discretion. [2020] ieca 78 has dismissed appeals by murphy environmental hollywood limited integrated materials solutions partnership aga

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Courts Service · 2020-04-01 · courts

High Court orders employer to preserve evidence in workplace injury claim

high court orders employer to preserve evidence in workplace injury claim the ordered preservation of an incident report, any cctv footage and a narrowed set cleaning records before personal proceedings had been issued. [2020] iehc 251 has relating worker’s alleged fall, ahead proceedings. it grante

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Courts Service · 2020-04-01 · courts

Dublin Circuit Court orders sale of former couple’s home, equal division of proceeds

dublin circuit court orders sale of former couple’s home, equal division proceeds the declared joint owners held property in shares as tenants common and ordered its sale. costs were left for further submissions. court, county city has a home directed that net be divided equally between them. judgme

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Courts Service · 2020-04-01 · courts

Everyday Finance joined as plaintiff in AIB loan case

everyday finance joined as plaintiff in aib loan case the high court allowed purchaser to join proceedings after had obtained judgment, while leaving any future enforcement challenge open defendants. [2020] iehc 155 has added designated activity company a allied irish banks’ against paddy mckeown an

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