Courts Service · 2020-05-29 · courts
court of appeal dismisses challenge to sexual assault conviction over alleged jury bias the rejected appellant’s claims about juror connections and safety verdict, found no reason doubt trial’s fairness. [2020] ieca 144 appeal; circuit criminal has dismissed an against a conviction, rejecting argume
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Courts Service · 2020-05-29 · courts
high court refuses to strike out hotel owners’ €3.5m claim against tifco the said dispute over 2014 settlement documents and related evidence needed fuller examination. it dismissed tifco’s application end proceedings at this stage, without deciding underlying claim. [2020] iehc 314 has limited’s a
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Courts Service · 2020-05-29 · courts
court of appeal dismisses against three-year sentence for drug importation the found no sentencing error in term imposed on a man who pleaded guilty to importing cannabis worth an estimated €52,438. [2020] ieca 156 has dismissed by ehioma monye prison into ireland. controlled drug, contrary section
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Courts Service · 2020-05-29 · courts
high court awards defendant 70% of security motion costs the ordered plaintiff to bear most defendant’s successful for motion, with deductions issues lost. enforcement is stayed until action finally determined. [2020] iehc 277 has 3v benelux bv pay safecharge card services limited’s a subject associ
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Courts Service · 2020-05-29 · courts
high court dismisses mibi appeal over deliberate vehicle strike the affirmed liability and awarded €35,500 for past physical psychological injuries. any costs dispute was left a later ruling. court, circuit appeal, western circuit, county of galway dismissed motor insurers’ bureau ireland’s court’s
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Courts Service · 2020-05-29 · courts
high court dismisses challenge to wicklow solar farm permission the found that farms were outside project classes requiring an environmental impact assessment under relevant eu directive and irish regulations. costs left for a later hearing. [2020] iehc 259 dismissed james kavanagh’s judicial review
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Courts Service · 2020-05-29 · courts
court of appeal dismisses patrick ring’s over heroin sentence the found no error in three-year sentence, with final 18 months suspended, imposed for possession sale or supply cork. has dismissed against a prison which were possessing offence was committed on 20 december 2017 at grand parade. ring sm
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Courts Service · 2020-05-29 · courts
high court quashes refusal of disability allowance appeal by dependent family member eu worker the found that a member’s residence rights did not require ongoing financial dependence after joining an in ireland. it quashed chief appeals officer’s decision and sent matter back for reconsideration. ha
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Courts Service · 2020-05-28 · courts
supreme court clarifies when corporate managers may face waste offences the held that a manager need not control company’s entire business to fall within section 9(1), but deferred its final order on prosecution appeal. has ruled person can qualify as “manager” under 9(1) of management act 1996 with
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Courts Service · 2020-05-27 · courts
defendant awarded costs after high court remitted proceedings to circuit the ordered defendant’s reasonable of successful remittal application and related written submissions, with enforcement stayed until are resolved. [2020] iehc 278 has mary breidegam pay daniel j. reilly’s an that transferred he
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Courts Service · 2020-05-27 · courts
high court awards costs to tenant after warehouse access dispute the said design features ltd was entitled seek an interim injunction, but did not decide whether its landlord deliberately disabled gate or a technical fault caused problem. [2020] iehc 265 has awarded finding it injunction over leased
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Courts Service · 2020-05-26 · courts
high court declares borrower owns full beneficial interest in saggart home the found that promontoria scariff dac holds an equitable mortgage after purchase was completed without a conveyance or registered legal charge. it declined to vest title under trustee act application. [2020] iehc 720 declare
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Courts Service · 2020-05-26 · courts
high court adjourns bank’s limitation motion pending fraud particulars the directed plaintiff to plead and particularise his reliance on statutory provision before deciding whether hear a preliminary issue. [2020] iehc 439 adjourned bank of scotland plc’s have issue tried in claim over an investment
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Courts Service · 2020-05-26 · courts
high court lets prosecution proceed despite finding culpable delay in case involving alleged offences as a child the found 22-month was excessive but ruled that serious charges and other circumstances outweighed applicant’s loss of statutory reporting protections. has dismissed judicial review appli
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Courts Service · 2020-05-26 · courts
high court orders medical registration confirmation hearing to proceed in camera the ruling concerns only how council’s intended section 76 application will be heard; it does not determine that or confirm cancellation of doctor’s registration. [2020] iehc 245 has ordered a practitioner’s heard camer
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Courts Service · 2020-05-26 · courts
high court awards costs to two students in school expulsion cases the granted both applicants of their leave applications, but left open a further issue b’s case. [2020] iehc 271 awarded b and c applications for bring judicial review proceedings arising from expulsions. it also his application. whet
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Courts Service · 2020-05-26 · courts
high court refuses martins leave to appeal nama ruling the said none of proposed points met statutory test exceptional public importance and interest. it reserved any consequential orders, including costs, for further submissions. [2020] iehc 297 has refused patrick noel martin a 2019 judgment conce
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Courts Service · 2020-05-25 · courts
high court refuses surrender to hungary under two european arrest warrants the ruled that mandatory information about hearings held in respondent’s absence was missing or incorrect. it did not decide his other objections. [2020] iehc 269 has refused applications zsolt mednyanszki warrants, finding a
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Courts Service · 2020-05-25 · courts
high court finds three legal aid certificates were granted without applications the held that an application was required before a district certificate could be granted. it said applicant entitled to certiorari, with consequential orders, including costs, left for submissions. [2020] iehc 438 has fo
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Courts Service · 2020-05-25 · courts
court of appeal dismisses gavin sheehan’s against convictions over cork shooting the found an error in trial judge’s refusal to let legal team withdraw, but concluded it caused no miscarriage justice. affirmed his and dismissed appeal. has four arising from a may 2016, affirming despite finding that
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Courts Service · 2020-05-25 · courts
high court refuses to direct costs adjudicator allow two senior counsel the found it had jurisdiction make direction sought, but said plaintiffs not met exceptional-case threshold. whether a second counsel’s fees are allowed remains for adjudication. [2020] iehc 326 refused plaintiffs’ application a
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Courts Service · 2020-05-22 · courts
court of appeal dismisses over corroboration warning in historic abuse case the found no impermissible error trial judge’s decision not to give a warning, while noting was borderline. [2020] ieca 139 has dismissed an by person identified as c.c. against convictions for three counts indecent assault,
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Courts Service · 2020-05-22 · courts
court of appeal rejects bid to compel inquiry into seamus ludlow murder investigation the dismissed an against high court’s refusal order two commissions investigation, holding that decision whether establish them belonged executive and oireachtas. [2020] ieca 141 has by thomas fox seeking establish
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Courts Service · 2020-05-22 · courts
high court directs discovery motion to be heard first in o’brien case the set order for two pending motions but made no decision on whether should granted or challenged pleadings struck out. [2020] iehc 263 has directed that denis o’brien’s before a separate by six defendants strike out paragraphs o
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Courts Service · 2020-05-22 · courts
high court refuses bid to hear parts of o’brien defamation case as preliminary issues the said limitation and conspiracy questions were not sufficiently clear or factually settled for an early hearing. it made no decision on underlying allegations whether claims are time-barred. [2020] iehc 261 has
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Courts Service · 2020-05-22 · courts
high court orders discovery in part against paul kenny nolan family dispute the ordered three categories, with revisions to one, but refused a request for communications third parties because claim was not pleaded. [2020] iehc 244 court, commercial has make of documents categories over ownership and
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Courts Service · 2020-05-22 · courts
high court dismisses objection to poland surrender warrant the rejected a challenge based on alleged delay and ordered respondent’s serve remainder of sentence imposed in poland. [2020] iehc 270 dismissed bogdan pyzowski’s under european arrest his section 16 act 2003, as amended. judgment delivered
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Courts Service · 2020-05-22 · courts
court of appeal dismisses challenge to sentence for serious harm the found no error in sentencing judge’s decision reflect mitigation by suspending final 18 months a 10-year sentence. has dismissed kenneth broe’s against imposed causing harm, finding principle suspend part and encourage rehabilitati
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Courts Service · 2020-05-21 · courts
high court awards zalewski half his costs after constitutional challenge fails the dismissed to workplace relations act 2015 but said separation-of-powers issues warranted partial against state. has ordered ireland and attorney general pay of tomasz zalewski’s for substantive hearing unsuccessful as
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Courts Service · 2020-05-21 · courts
court of appeal dismisses cruise passenger’s over st maarten boat trip injury justice robert haughton agreed the passenger had not proved cruise-related defendants failed to exercise reasonable care and skill, while offering tentative views on how such claims should be assessed. [2020] ieca 138 dism
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Courts Service · 2020-05-21 · courts
high court refuses cross-examination in prison segregation judicial review the also refused to have remand prisoner brought physically hearing, directing instead that he be facilitated observe proceedings by video link. [2020] iehc 242 an application cross-examine a official challenging his and cond
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Courts Service · 2020-05-21 · courts
court of appeal dismisses cruise passenger’s injury the upheld dismissal a claim over an during st. maarten jet boat excursion, finding passenger had not proved service was provided without reasonable skill and care. [2020] ieca 138 has dismissed by siobhan kellett, upholding high court’s her person
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Courts Service · 2020-05-21 · courts
high court strikes out solicitor negligence claim for lack of expert support the plaintiff was given six weeks to obtain advice supporting his professional claim. when none produced, struck as an abuse process. [2020] iehc 443 has patrick whearty’s against michael lanigan after mr whearty confirmed
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Courts Service · 2020-05-21 · courts
court of appeal dismisses holidaymaker’s over st maarten jet-boat injury the upheld high court’s dismissal siobhan kellett’s claim, while offering observations on how package-holiday safety claims involving overseas providers may be assessed. [2020] ieca 138 has dismissed injuries she said suffered
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Courts Service · 2020-05-20 · courts
high court sets aside earlier ruling in kelp-licence case, declines to decide review the found that required public notices had not been published for a bantry bay foreshore licence, leaving licensing process incomplete. it refused proceed with applicant’s challenge 2017 monitoring approval. [2020]
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Courts Service · 2020-05-20 · courts
high court dismisses challenge to deportation orders after botswana applicants’ dublin entry the rejected six grounds of and also said it would refuse relief on a discretionary basis because deception underlay process they challenged. [2020] iehc 283 has dismissed judicial review by two nationals ma
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Courts Service · 2020-05-19 · courts
high court orders discovery from state bodies in fishing industry defamation case the granted newspaper’s applications for documents department of transport and an garda síochána, finding them relevant necessary to its truth defence. any privilege or confidentiality claims may be addressed later, in
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Courts Service · 2020-05-19 · courts
high court quashes planning board decision on gate beside lough leane the found had failed to correctly consider an earlier circuit judgment when deciding that a private land was not exempt from permission. [2020] iehc 239 of ireland has quashed bord pleanála’s near mr justice meenan findings in abo
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Courts Service · 2020-05-19 · courts
high court rejects challenge to rule barring recovery of piab legal fees the refused declare costs restriction unconstitutional or incompatible with european convention on human rights, finding it did not bar access courts. consequential orders, including any order, remained be addressed. [2020] ieh
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Courts Service · 2020-05-19 · courts
high court refuses bid to block recognition of bulgarian judgment the rejected an application refuse a €119,522.24 sofia city judgment, finding available evidence showed initiating document had been lawfully served. [2020] iehc 240 has refused in ireland requiring henry alexander brompton gwyn-jones
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Courts Service · 2020-05-19 · courts
high court declines bid to annul discharged bankruptcy over mortgage redress the refused main reliefs sought by deirdre dennis, whose had been automatically in 2018. it made no order on her requests for documents and revesting property, left consequential orders, including costs, later consideration
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Courts Service · 2020-05-18 · courts
high court orders discovery in scaffolding injury case the directed site’s main contractor to disclose documents sought by injured worker’s employer, with adjustments two categories. [2020] iehc 255 has ordered cosgrave developments (dublin) limited make of employer a worker who alleges he was fall
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Courts Service · 2020-05-15 · courts
bank ordered to pay costs after high court dismisses long-delayed case the awarded second defendant of his successful dismissal motion and defending proceedings, but excluded making discovery. [2020] iehc 219 has start mortgages dac proceedings dismissed for inordinate inexcusable delay, including d
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Courts Service · 2020-05-15 · courts
high court delays eu reference while attorney general considers joining planning case mr justice garrett simons deferred drawing up a order until the general’s possible participation was resolved. given 5 june 2020 to seek joinder. formal referring of european union whether join proceedings. in ruli
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Courts Service · 2020-05-15 · courts
high court refuses an bord pleanála leave to appeal planning judgment the said proposed raised no point of law exceptional public importance and would risk prolonging already delayed proceedings. has refused a that invalidated permission for anaerobic digester plant, finding board’s did not meet sta
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Courts Service · 2020-05-14 · courts
high court allows re-entry bid to enforce €7.3m settlement, subject defences the ruled that an earlier strike-out order did not make it functus officio for all purposes. decided only plaintiff could re-enter proceedings pursue settlement’s payment-default clause. {'name': 'the court', 'division_or_l
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Courts Service · 2020-05-14 · courts
high court says expired summons cannot support service on isle of man resident the said 2018 order allowing should not stand because had ceased to be in force. it left open a possible application renew and did decide wider jurisdictional arguments. [2020] iehc 257 an proceedings defendant plenary di
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Courts Service · 2020-05-14 · courts
supreme court lets romanian disability allowance challenge proceed the held that statutory appeals process could not decide whether an eu classification was invalid, but made no ruling on allowance’s or exportability. of ireland a national pursue judicial review refusal his application, despite firs
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Courts Service · 2020-05-14 · courts
high court dismisses father’s bid to return child poland the found a grave risk of physical and psychological harm in ordering child’s during coronavirus pandemic amid concerns about travel care arrangements. dismissed application his young son poland, finding that an order for would expose him circ
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Courts Service · 2020-05-14 · courts
court of appeal quashes ‘unduly lenient’ sentences for drogheda robberies the resentenced a teenager who acted as lookout in two bookmakers’ robberies, imposing four years on each count with final 15 months suspended. [2020] ieca 143 has quashed it found unduly lenient during armed bookmakers droghe
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Courts Service · 2020-05-13 · courts
high court rejects further bank answers in dispute over alleged forged valuations the dismissed a borrower’s application to compel allied irish banks answer more interrogatories, leaving underlying loan and forgery for plenary hearing. has thomas j. doran’s require plc provide written questions loan
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Courts Service · 2020-05-13 · courts
high court refuses leave to challenge covid-19 laws and oireachtas procedures the found no arguable case for judicial review, citing a lack of supporting facts ruling that complaints about how legislation passed through houses were non-justiciable. [2020] iehc 209 refused gemma o’doherty john waters
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Courts Service · 2020-05-13 · courts
high court finds most estate claims time-barred, orders further details on alleged fraud a judge ruled that three arising from an intestate were brought too late, but directed hearing whether could extend the limitation period for two of them. [2020] iehc 241 has found by catriona cunniffe against h
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Courts Service · 2020-05-12 · courts
court of appeal quashes refusal naturalisation over road offence explanations the found it was not satisfied that decision-maker had considered material for offences, and did explain why their nature showed applicant good character. [2020] ieca 135 has quashed minister justice equality’s a applicati
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Courts Service · 2020-05-12 · courts
high court pauses ebs mortgage case over missing loan conditions the said it could not assess mortgage’s fairness without documents from appeal papers. ordered to take no steps put defendants out of their home pending a further hearing. [2020] iehc 212 has paused an by finance after finding that nee
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Courts Service · 2020-05-12 · courts
supreme court dismisses prisoner’s appeal over parole consideration while detained in central mental hospital the held that statutory temporary-release power did not apply to a life prisoner transferred hospital, finding hospital’s clinical director could consider limited temporary release under sep
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Courts Service · 2020-05-11 · courts
court of appeal dismisses o’shea’s over bankruptcy challenge the upheld high court’s refusal to annul adjudication, finding that bank had explained account entries appeared show payments against debt. [2020] ieca 134 has dismissed paul his adjudication. concerned a rehearing application cause under
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Courts Service · 2020-05-11 · courts
court of appeal sets aside aib summary judgments after defence affidavit was not considered the found that high judge had been told substance borrowers’ opposition before granting judgment in their absence. it sent case back to for dates be fixed. [2020] ieca 133 has set granted allied irish banks p
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Courts Service · 2020-05-11 · courts
high court allows kavanagh access to transcript for appeal mr justice allen permitted the self-represented plaintiff obtain a of an earlier open-court hearing, but did not grant its audio recording. [2020] iehc 220 has allowed david hearing purposes appeal, finding that was in interests justice. dir
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Courts Service · 2020-05-11 · courts
high court sanctions allergan acquisition scheme and confirms capital reduction the approved to transfer allergan’s shares an abbvie subsidiary confirmed a related reduction, after finding statutory procedural requirements had been met. [2020] iehc 214 court, commercial sanctioned of arrangement for
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Courts Service · 2020-05-08 · courts
high court refuses bid to remove liquidator from dominar group winding-up the found no good cause replace liam dowdall, while leaving open whether his conduct could support a separate claim and making decision on fees. [2020] iehc 208 has refused an application by print & display limited dowdall as
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Courts Service · 2020-05-08 · courts
court of appeal dismisses j.k.’s challenge to rape convictions the rejected all seven grounds and affirmed convictions, finding no basis doubt fairness trial or safety verdict. has dismissed against for four counts one count attempted rape, affirming after rejecting raised by defence. judgment, deli
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Courts Service · 2020-05-08 · courts
high court makes no costs order after dismissing pepper appeal over personal insolvency arrangement the said had raised legitimate concerns about defective evidence and declined to award debtor’s practitioner, while leaving statutory relationship between two provisions unresolved. [2020] iehc 207 co
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Courts Service · 2020-05-08 · courts
court of appeal dismisses conviction over refusal to separate counts the concerned whether two involving different complainants should have been tried separately from remaining counts. found no error in trial judge’s sever indictment. has dismissed s. l.’s against conviction, finding decision keep a
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Courts Service · 2020-05-08 · courts
supreme court upholds appeal costs against eteams liquidator the dismissed liquidator’s over from an earlier of ruling, leaving him personally liable for those and unable to seek payment company’s assets. has by international (in liquidation) who should pay appeal, affirming order that liquidator, a
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Courts Service · 2020-05-08 · courts
court of appeal dismisses against convictions for rape and sexual assault the rejected challenges to trial judge’s handling corroboration consent. appellant’s sentence was not pursued. [2020] ieca 130 has dismissed an assault, finding no basis overturn jury’s verdicts or conclude that unsafe unsatis
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Courts Service · 2020-05-08 · courts
appeal court revives parts of gearys’ case but bars challenges to loan transfers the dismissed claims against bank scotland and its solicitors, allowed limited ennis property finance, receiver registration authority continue alongside a related action. [2020] ieca 132 has declan marie geary’s over l
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Courts Service · 2020-05-07 · courts
high court refuses bail to three brothers accused of longford filling station violence the found it probable that would continue intimidate main prosecution witness if released, relying on attacks witness’s family and evidence threatening gestures. [2020] iehc 206 has refused violent disorder in a j
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Courts Service · 2020-05-07 · courts
high court strikes out time-barred defamation claim against eir, lets data-protection proceed the dismissed part of a customer’s based on an alleged 2015 defamatory email, but declined to strike his concerning eir’s handling data access request. [2020] iehc 204 has struck michael burke’s eircom limi
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Courts Service · 2020-05-06 · courts
court of appeal dismisses dunnes stores over shopper’s fall the upheld high court’s finding that had not shown its cleaning system was reasonable in circumstances. €102,000 award appealed. [2020] ieca 125 has dismissed unlimited company’s against a liability for injuries suffered by rose desmond, wh
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Courts Service · 2020-05-06 · courts
high court registers enduring power of attorney and orders safeguards for donor’s care finances the rejected objections to named attorneys’ suitability, registered later made care, financial reporting property directions by consent. it also awarded applicants six-sevenths their costs. [2020] iehc 21
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Courts Service · 2020-05-05 · courts
supreme court would stay windfarm ruling only if developer stopped operating it the gave cleanrath windfarms ltd. seven days to undertake not operate while an bord pleanála considered leave for a substitute-consent application. without that undertaking, certiorari issue quashing planning permission.
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Courts Service · 2020-05-01 · courts
high court amends order to record refusal of all judicial review reliefs the corrected an so it reflected full range claims refused in earlier judgment. made no on costs or other procedural matters. [2020] iehc 198 has amended patrick mckillen’s case that he sought, including additional allowed by s
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Courts Service · 2020-05-01 · courts
court of appeal dismisses james joseph cassidy’s against ira membership conviction the upheld special criminal court’s 2019 conviction, finding no error in its treatment garda belief evidence, privilege and supporting evidence. [2020] ieca 124 has dismissed his for an unlawful organisation, leaving
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