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Courts Service · 2020-06-30 · courts

Court of Appeal dismisses challenge to full reactivation of five-year sentence

court of appeal dismisses challenge to full reactivation five-year sentence the held that appellant’s failure leave ireland as required by his suspended justified reactivating entire sentence. has dismissed an against a imposed for 22 offences involving false documents, phone contracts and deception

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Courts Service · 2020-06-30 · courts

High Court refuses bid to halt Louth firefighter promotion

high court refuses bid to halt louth firefighter promotion mr justice allen rejected john madden’s request block a further appointment from 2019 panel while he challenged an independent referee’s decision. the said madden had not shown strong case for injunction and that balance of weighed against i

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Courts Service · 2020-06-30 · courts

Supreme Court recommends custody legal aid for appeal but leaves High Court costs order in place

supreme court recommends custody legal aid for appeal but leaves high costs order in place the recommended m. – issues scheme appeal, refused to change after was not raised there. that receive benefit of his reverse against him. ruling, delivered on 30 june 2020, concerned and following court’s earl

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Courts Service · 2020-06-30 · courts

High Court orders €7.89m judgment against Sheehan and refuses stay on costs

high court orders €7.89m judgment against sheehan and refuses stay on costs the ruling followed court’s earlier decision in module three. it allowed estimated enforcement to be deducted from a credit for proceeds received by breccia, while making clear that themselves were not adjudicated. [2020] ie

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Courts Service · 2020-06-29 · courts

High Court makes no costs order after split discovery ruling

high court makes no costs order after split discovery ruling the plaintiff and defendant each succeeded on distinct parts of an earlier application, so neither will recover that application. [2020] iehc 345 has made as to application for further better discovery. mr justice murray delivered judgment

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Courts Service · 2020-06-29 · courts

Court of Appeal dismisses appeal against nine-year sentence for sexual offences

court of appeal dismisses against nine-year sentence for sexual offences the found no error in sentencing judge’s approach, including 12-year headline sentence, concurrent terms and suspension final two years. [2020] ieca 173 has dismissed s. o’l’s a prison five involving complainant aged 13 to 14.

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Courts Service · 2020-06-29 · courts

Court of Appeal dismisses Owen Kirwan’s appeal against sentence

court of appeal dismisses owen kirwan’s against sentence the upheld for burglary and threatening criminal damage, while clarifying that final two a half years damage were suspended. dismissed severity his sentence, finding no error principle by sentencing judge. it also clarified suspended would run

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Courts Service · 2020-06-29 · courts

High Court rules Seanad cannot meet until all 60 members are in place

high court rules seanad cannot meet until all 60 members are in place the divisional rejected ten senators’ bid to have 49 elected sit before incoming taoiseach nominated remaining 11. left open whether it could review a continuing taoiseach’s discretion over when advise president set meeting date.

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Courts Service · 2020-06-26 · courts

High Court upholds €75,195 rates decree against Aberdeen Lodge operators

high court upholds €75,195 rates decree against aberdeen lodge operators the ruled that could not resist demand by arguing premises were domestic: they had challenged or revised property’s valuation through procedures under act. [2020] iehc 317 upheld a district requiring patrick halpin and ann kean

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Courts Service · 2020-06-26 · courts

High Court sends HSE ventilator contract dispute to arbitration

high court sends hse ventilator contract dispute to arbitration the held that a clause in narooma limited’s with covered dispute, but did not decide merits of company’s claims or whether it was an authorised aeonmed distributor. [2020] iehc 315 has referred between limited and health service executi

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Courts Service · 2020-06-26 · courts

Supreme Court upholds ruling that provocation defence could not go to McNamara jury

supreme court upholds ruling that provocation defence could not go to mcnamara jury the clarified limits of and affirmed trial judge’s decision withdraw it from jury. mcnamara’s murder conviction life sentence were overturned by this appeal. [2020] iesc 000 ireland has upheld a be left in alan trial

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Courts Service · 2020-06-26 · courts

Court of Appeal increases guilty plea discount in Cork robbery sentence appeal

court of appeal increases guilty plea discount in cork robbery sentence the upheld four-year headline but quashed original and imposed a new one, suspending 16 months because appellant had signed at earliest opportunity. has allowed an against severity for on patrick street cork, changing early from

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Courts Service · 2020-06-26 · courts

High Court says insurance evidence cannot support conviction in Clare driving case

high court says insurance evidence cannot support conviction in clare driving case answering a stated from the district court, said accused could not be convicted of without on recorded. it did decide whether policy was conditional terms his learner permit. [2020] iehc 362 has ruled that man recorde

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Courts Service · 2020-06-26 · courts

High Court cleared way for Liam Campbell’s surrender to Lithuania

high court cleared way for liam campbell’s surrender to lithuania the rejected objections over prison conditions, trial fairness and abuse of process, but said it would make order when campbell appeared in person on 13 july 2020. [2020] iehc 344 ruled that could be surrendered face prosecution alleg

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Courts Service · 2020-06-26 · courts

Court of Appeal allows marina berths appeal over unpleaded contract claim

court of appeal allows marina berths over unpleaded contract claim the set aside a €59,289.26 high award after finding that on which it rested had not been pleaded. invited further submissions whether issue should return to court. [2020] ieca 171 {'name': 'the appeal', 'division': none, 'jurisdictio

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Courts Service · 2020-06-26 · courts

Supreme Court overturns murder conviction and orders retrial

supreme court overturns murder conviction and orders retrial the ruled that jury should have considered provocation interview edits exclusion of evidence about deceased’s earlier conduct were wrong. it did not decide whether accused was guilty or applied. [2020] iesc 000 ireland has overturned zolta

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Courts Service · 2020-06-25 · courts

High Court orders surrender to Poland under European arrest warrant

high court orders surrender to poland under european arrest warrant the rejected an objection based on later activation of a suspended sentence, finding respondent had attended trial at which original sentence was imposed. [2020] iehc 331 ordered man serve 1 year and 6 month prison rejecting his arg

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Courts Service · 2020-06-25 · courts

High Court orders Cristian Nicola’s surrender to Germany over 61 alleged offences

high court orders cristian nicola’s surrender to germany over 61 alleged offences the dismissed objections surrender, finding that intended prosecute. it left any dispute credit for detention in northern ireland be resolved germany. [2020] iehc 318 has ordered face prosecution offences, after dismis

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Courts Service · 2020-06-25 · courts

High Court rejects pensioners’ challenge to IASS pension changes

high court rejects pensioners’ challenge to iass pension changes the found that challenged statutory provision did not breach constitutional property rights. their requested declarations were refused; any question of damages was left undecided. [2020] iehc 716 has rejected a brought by four pensione

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Courts Service · 2020-06-24 · courts

Court of Appeal reduces sentence for man convicted of indecently assaulting two sisters

court of appeal reduces sentence for man convicted indecently assaulting two sisters the dismissed conviction but changed how sentences offences against one sister run, leaving second consecutive. [2020] ieca 170 has s.m.’s his convictions six counts indecent assault allowed in part, changing first

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Courts Service · 2020-06-24 · courts

High Court dismisses claim over life policy after insured’s non-disclosure

high court dismisses claim over life policy after insured’s non-disclosure the found deceased was required to disclose past drug and alcohol abuse depression when applying for cover in 2008. it rejected that insurer had been culpably indolent. [2020] iehc 312 has dismissed a by georgina saunders aga

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Courts Service · 2020-06-24 · courts

Court of Appeal declines to revisit costs ruling in RAAP case

court of appeal declines to revisit costs ruling in raap case the said raap’s claim that decision rested on a misunderstanding did not engage its exceptional power final decision. [2020] ieca 279 has refused reopen dispute between recorded artists actors performers limited (raap) and phonographic pe

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Courts Service · 2020-06-24 · courts

High Court proposes to set aside Bank of Ireland default judgment

high court proposes to set aside bank of ireland default judgment the found defendant had a real prospect arguing that bank’s claim lacked required particulars, but not finally ruled pleading was deficient. [2020] iehc 359 has proposed setting €144,901.11 obtained by governor and company against don

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Courts Service · 2020-06-23 · courts

High Court rules sectoral employment order lawfully invalid and strikes down enabling law

high court rules sectoral employment order lawfully invalid and strikes down enabling law the found process behind 2019 electrical contracting deficient held that chapter 3 of 2015 act breached constitution. it proposed declarations an quashing order; parties were asked to agree formal costs. has ru

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Courts Service · 2020-06-23 · courts

High Court rejects McDonaghs’ bid to reduce Ulster Bank debt over CBRE settlement

high court rejects mcdonaghs’ bid to reduce ulster bank debt over cbre settlement the found defendants had not proved that was a concurrent wrongdoer or its should unpaid loan judgment. it also rejected challenge joint receivers’ appointment. [2020] iehc 311 court, commercial has ruled is entitled j

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Courts Service · 2020-06-22 · courts

Court of Appeal dismisses buyer’s challenge to rescission of €1.375m estate sale

court of appeal dismisses buyer’s challenge to rescission €1.375m estate sale the upheld high court’s decision that a receiver could rescind after buyer maintained demands contract did not require vendor meet. [2020] ieca 167 has dismissed anthony sheedy’s against rejection his claim for specific pe

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Courts Service · 2020-06-22 · courts

Appeal court awards appellant two-thirds of appeal costs

appeal court awards appellant two-thirds of costs the ruled on after an earlier decision partially changed high court’s order in injunction application. ordered hibernia college unlimited company to pay michael heffernan his appeal, including application, he secured a partial change case. ruling, de

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Courts Service · 2020-06-22 · courts

High Court orders company to provide information for four foreign tax inquiries

high court orders company to provide information for four foreign tax inquiries the granted revenue applications concerning requests from france, germany, south korea and iceland, with schedules adjusted during proceedings. was given until 14 august 2020 comply. [2020] iehc 335 ordered an irish-base

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Courts Service · 2020-06-22 · courts

High Court keeps Vola counterclaim alive but orders Ryanair claim to be heard first

high court keeps vola counterclaim alive but orders ryanair claim to be heard first the refused ryanair’s bid strike out vola’s competition law counterclaim, required further particulars and directed a trial module on liability in against both defendants. [2020] iehc 308 has application brought by r

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Courts Service · 2020-06-22 · courts

Court of Appeal changes sentence in attempted robbery case, setting September release

court of appeal changes sentence in attempted robbery case, setting september release the found that backdating made unduly lenient and changed its structure so custodial term would run consecutively to an earlier sentence. imposed on gerard glynn for threat kill dún laoghaire, ruling it had lenient

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Courts Service · 2020-06-22 · courts

Court of Appeal dismisses Garda’s bias challenge to Disclosures Tribunal reports

court of appeal dismisses garda’s bias challenge to disclosures tribunal reports the found that a former professional connection between chair peter charleton and chief superintendent terry mcginn did not establish objective bias. it also ruled appellant had waived any objection based solely on mcgi

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Courts Service · 2020-06-19 · courts

High Court quashes Drogheda housing permission after developer barred from defending it

high court quashes drogheda housing permission after developer barred from defending it the made order an bord pleanála conceded its screening decision lacked sufficient evidence. ravala was not allowed to continue at this stage. has quashed pleanála’s for 450 homes and associated development south

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Courts Service · 2020-06-19 · courts

High Court refuses Howard companies’ bid to remove receivers from properties

high court refuses howard companies’ bid to remove receivers from properties the found plaintiffs had not established a fair issue be tried over an alleged indefinite extension of settlement agreement at this interlocutory stage. [2020] iehc 306 court, commercial has refused application by six restr

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Courts Service · 2020-06-19 · courts

High Court reserves costs after refusing property receivership injunction

high court reserves costs after refusing property receivership injunction the directed amendments to pleadings and set a date for further directions its earlier refusal of plaintiffs’ interlocutory application. [2020] iehc 388 court, commercial reserved an unsuccessful application in case involving

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Courts Service · 2020-06-19 · courts

Supreme Court: Irish citizenship did not end former refugees’ right to apply for family reunification

supreme court: irish citizenship did not end former refugees’ right to apply for family reunification in a judgment dated 19 june 2020, justice john macmenamin concluded that extinguish the appellants’ eligibility under refugee act 1996. he proposed allowing appeals and setting aside lower courts’ j

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Courts Service · 2020-06-18 · courts

High Court orders limited discovery in Crawley defamation case

high court orders limited discovery in crawley defamation case the order covers material relied on or reviewed for three sunday world articles, with any privilege claims to be listed usual way. [2020] iehc 305 has ordered newspapers limited, trading as world, disclose documents preparing articles ab

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Courts Service · 2020-06-18 · courts

Supreme Court quashes refusals of disabled children’s tax concession certificates

supreme court quashes refusals of disabled children’s tax concession certificates the allowed two appeals, finding that board’s application medical criteria failed to vindicate rights under finance act. it did not invalidate regulation 3 or itself grant certificates. has quashed decisions refusing p

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Courts Service · 2020-06-18 · courts

Court of Appeal dismisses challenge to convictions for sexual assaults

court of appeal dismisses challenge to convictions for sexual assaults the rejected eight grounds appeal, including claims about joined charges, delay, jury directions and an amended count. [2020] ieca 160 has dismissed j. mcg’s against his offences involving four complainants. concerned safety conv

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Courts Service · 2020-06-18 · courts

High Court sanctions Xtrackers share settlement scheme with conditions

high court sanctions xtrackers share settlement scheme with conditions the approved a move to centralised after shareholders voted in favour, allowing limited change and requiring an outstanding agreement condition be met before order is lodged. [2020] iehc 330 court, commercial has sanctioned (ie)

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Courts Service · 2020-06-18 · courts

Supreme Court proposes to allow appeal in Krikke case but keeps stay in place

supreme court proposes to allow appeal in krikke case but keeps stay place the said of had misjudged weight relevant factors, left its for that reconsider after deciding substantive appeal. has it principle an by barranafaddock sustainability electricity ltd a dispute involving and others, not lifte

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Courts Service · 2020-06-17 · courts

High Court says taxi owner must show due diligence to answer unlicensed-use charge

high court says taxi owner must show due diligence to answer unlicensed-use charge the ruled that prosecutors need not prove an knew unlicensed driver was using taxi. may avoid liability by showing, on balance of probabilities, he took all reasonable steps prevent breach. [2020] iehc 301 a charged o

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Courts Service · 2020-06-17 · courts

High Court refuses Midlands Prison inmate’s bid for Rule 62 safeguards

high court refuses midlands prison inmate’s bid for rule 62 safeguards the found prisoner’s circumstances did not amount to a restricted regime, while noting he could use grievance procedures seek review of confidential information behind his 63 designation. [2020] iehc 302 has refused all relief so

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Courts Service · 2020-06-17 · courts

Court of Appeal dismisses man’s challenge to convictions for sexual offences against two sisters

court of appeal dismisses man’s challenge to convictions for sexual offences against two sisters the rejected grounds pursued, finding no basis disturb jury’s verdicts or conclude trial was unfair. other were not pursued at hearing. [2020] ieca 158 has dismissed an by pb his involving sisters, concl

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Courts Service · 2020-06-17 · courts

Father’s bid to appoint previous court expert for children’s therapy dismissed

father’s bid to appoint previous court expert for children’s therapy dismissed the high refused an order allowing children attend therapeutic care with who had prepared earlier reports, directed parents agree on another counsellor within 14 days and awarded mother her defence costs. [2020] iehc 432

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Courts Service · 2020-06-16 · courts

High Court orders surrender to Lithuania, excluding part of one alleged offence

high court orders surrender to lithuania, excluding part of one alleged offence the rejected most objections a european arrest warrant but found no irish corresponding april and may 2010 debt-related conduct. [2020] iehc 415 has ordered tomas ziznevskis’s lithuania for prosecution on offences set ou

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Courts Service · 2020-06-16 · courts

Court of Appeal reduces defamation damages award to €76,500

court of appeal reduces defamation damages award to €76,500 the found jury’s €387,000 net disproportionate, set new €85,000 before 10% offer-of-amends discount, and left costs for later submissions. [2020] ieca 157 reduced an commercial airline pilot padraig higgins in his action against irish aviat

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Courts Service · 2020-06-16 · courts

Wife allowed to defend AIB claim over restructured business loan

wife allowed to defend aib claim over restructured business loan the high court found margaret murphy had shown an arguable defence that she signed outside her own business, and sent aib’s against a plenary hearing. [2020] iehc 300 has allied irish banks plc’s €111,704.48 hearing, finding fair reaso

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Courts Service · 2020-06-16 · courts

High Court allows amended fraud claim in dispute over Cork landfill valuation

high court allows amended fraud claim in dispute over cork landfill valuation the permitted a uk company to extend its and deceit against valuers, subject corrections pleading. it made no finding on whether occurred. [2020] iehc 336 has allowed registered amend statement of allegations fraudulent mi

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Courts Service · 2020-06-15 · courts

High Court extends Premier League live-stream blocking order through 2020/21 season

high court extends premier league live-stream blocking order through 2020/21 season the found existing injunction effective, with no evidence of over-blocking, and continued its customer-notification requirement. there was as to costs. [2020] iehc 332 court, commercial extended an requiring internet

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Courts Service · 2020-06-15 · courts

High Court allows one-year renewal of Limerick possession order

high court allows one-year renewal of limerick possession order the held that renewing leave to execute an existing was not “action on a judgment” barred by 12-year limitation period. defendant consented renewal. [2020] iehc 293 has granted start mortgages dac renew for one year permitting execution

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Courts Service · 2020-06-12 · courts

High Court dismisses objection to surrender over 39 manslaughter charges

high court dismisses objection to surrender over 39 manslaughter charges the found alleged offences were said have occurred in uk, so respondent’s under european arrest warrant act did not prevent surrender. [2020] iehc 299 dismissed ronan hughes’s finding that within uk territory. then ordered his

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Courts Service · 2020-06-12 · courts

Court of Appeal cuts sentences for Carlow drug dealing offences

court of appeal cuts sentences for carlow drug dealing offences the quashed imposed on two indictments, substituted shorter concurrent terms and suspended final six months sentence later offence. [2020] ieca 163 richard farrell terms, finding that sentencing judge had set an excessive seven-year pre

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Courts Service · 2020-06-12 · courts

High Court finds 35 investors’ claims cannot proceed together in one action

high court finds 35 investors’ claims cannot proceed together in one action the ruled that did not arise from same series of transactions under joinder rule. it deferred deciding what order to make and determine fraud allegations. [2020] iehc 284 has against greymountain management ltd four other de

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Courts Service · 2020-06-12 · courts

Court of Appeal dismisses challenge to surrender order in 39-death case

court of appeal dismisses challenge to surrender order in 39-death case the upheld high court’s surrendering eamonn harrison uk, finding warrant contained sufficient information. was no longer sought on human-trafficking conspiracy charge. [2020] ieca 159 has dismissed harrison’s against an for his

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Courts Service · 2020-06-12 · courts

High Court allows plaintiffs to amend claim over Deer Park Hotel nursing home project

high court allows plaintiffs to amend claim over deer park hotel nursing home project mr justice allen ruled that the could add allegations about defendants’ negotiations sell estate. did not decide whether underlying is true or what compensation may be due. [2020] iehc 289 has allowed three compani

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Courts Service · 2020-06-12 · courts

High Court orders six months’ salary in CFO’s wrongful dismissal injunction case

high court orders six months’ salary in cfo’s wrongful dismissal injunction case the found a strong that over-c technology failed to give donal o’donovan fair procedures before dismissing him for alleged poor performance during probation, but did not order his reinstatement. [2020] iehc 291 court, c

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Courts Service · 2020-06-12 · courts

High Court grants summary judgment on four loans, sends fifth-loan dispute to plenary hearing

high court grants summary judgment on four loans, sends fifth-loan dispute to plenary hearing the found borrowers had no defence claims under loan agreements. it reserved fifth for a full an alleged agreement write off any residual debt after property sales. [2020] iehc 442 ruled that lenders aib mo

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Courts Service · 2020-06-11 · courts

Court of Appeal dismisses child’s appeal over Irish citizenship claim based on father’s refugee status

court of appeal dismisses child’s over irish citizenship claim based on father’s refugee status the held that residence, obtained through false and misleading information, did not count toward statutory residence period for to citizenship. [2020] ieca 154 appeal, civil has dismissed um’s against dec

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Courts Service · 2020-06-11 · courts

High Court orders surrender to Lithuania over 2006 murder prosecution

high court orders surrender to lithuania over 2006 murder prosecution the rejected respondent’s sole objection after accepting lithuanian authorities’ assurance that he could appeal decision issue european arrest warrant without a time limit. [2020] iehc 310 has ordered marius civinskas’s face an al

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Courts Service · 2020-06-10 · courts

Court of Appeal awards hotel company costs of appeal in McFadden case

court of appeal awards hotel company costs in mcfadden case the also replaced an earlier award for a high hearing with no order as to costs. [2020] ieca 153 has ordered patrick pay muckno hotels limited’s its successful over arising from interlocutory injunction application. it that neither side oth

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Courts Service · 2020-06-10 · courts

Court of Appeal refuses further stay on Permanent TSB costs order

court of appeal refuses further stay on permanent tsb costs order the rejected piotr skoczylas’s request to delay enforcement while separate proceedings against state continued, finding evidence did not justify exceptional sought. [2020] ieca 152 has refused application for an additional a in favour

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Courts Service · 2020-06-10 · courts

High Court dismisses challenge to refusal of EU family-member application

high court dismisses challenge to refusal of eu family-member application the held that minister’s decision a uk citizen’s brother had not shown required dependency was open minister on evidence considered. [2020] iehc 333 has dismissed judicial review refusing an by pakistani man be recognised as p

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Courts Service · 2020-06-10 · courts

High Court rejects delay objection to UK surrender request

high court rejects delay objection to uk surrender request the dismissed respondent’s sole and said it would make a order under european arrest warrant act. [2020] iehc 285 man’s united kingdom warrant, finding that time elapsed did not justify refusing or seeking further information from authority.

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Courts Service · 2020-06-09 · courts

Appeal court suspends final eight months of youth’s four-year sentence

appeal court suspends final eight months of youth’s four-year sentence the allowed an against severity, quashed original detention and substituted four years’ imprisonment, with suspended subject to conditions. [2020] ieca 149 has severity a imposed on d mcd for his part in serious robbery assault i

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Courts Service · 2020-06-09 · courts

High Court sends prison officer’s disability claim back for a factual hearing

high court sends prison officer’s disability claim back for a factual hearing the ruled that labour wrongly treated an inability to perform control and restraint duties as ending reasonable accommodation question. it remitted case evidence findings; did not decide whether was feasible. [2020] iehc 2

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Courts Service · 2020-06-09 · courts

Court of Appeal allows two earlier loan demands into evidence in Promontoria appeal

court of appeal allows two earlier loan demands into evidence in promontoria the granted defendants leave to rely on 2009 and 2010 demand letters their against a high summary judgment, but did not decide whether claim is time-barred. [2020] ieca 151 has ciaran redmond clody norton introduce as judgm

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Courts Service · 2020-06-09 · courts

Supreme Court limits protection family reunification to biological or adopted children

supreme court limits protection family reunification to biological or adopted children the allowed minister’s appeal and set aside an order quashing refusal of a cameroonian man’s application bring two ireland. has minister for justice’s in case, holding that “child” under section 56 international a

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Courts Service · 2020-06-09 · courts

High Court accepts incomplete account of ward’s investment fund; costs order still to come

high court accepts incomplete account of ward’s investment fund; costs order still to come the found that documents and a reconstructed narrative were sufficient meet bloxham’s accounting obligation, but left proceedings for further submissions. [2020] iehc 355 has accepted an collection records, su

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Courts Service · 2020-06-09 · courts

Court of Appeal bars economist from acting for Limerick hospital claimants

court of appeal bars economist from acting for limerick hospital claimants the allowed vhi’s appeal, finding a real risk that confidential and privileged information shared with in two related cases could be used or disclosed proceedings. [2020] ieca 150 (source ocr renders year as “[20201”) has vol

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Courts Service · 2020-06-08 · courts

High Court grants partial leave to challenge Howth housing permission

high court grants partial leave to challenge howth housing permission a resident may pursue judicial review of parts an bord pleanála’s approval for 177 homes, but the refused on several other grounds. has granted bring proceedings against 177-home development, while refusing grounds he raised. in j

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Courts Service · 2020-06-08 · courts

Court of Appeal reduces sentence for threat to kill after finding six-year starting point excessive

court of appeal reduces sentence for threat to kill after finding six-year starting point excessive the quashed offence and resentenced appellant, while leaving assault weapon sentences undisturbed. reduced darren coss’s that headline set making a was amounted an error in principle. judgment deliver

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Courts Service · 2020-06-08 · courts

Revenue barred from opposing attachment of sale proceeds at garnishee hearing

revenue barred from opposing attachment of sale proceeds at garnishee hearing the high court ruled that had not shown a proprietary or preferential interest entitling it to be heard. did decide whether make order absolute. [2020] iehc 440 could take part in on an attaching property absolute, because

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Courts Service · 2020-06-08 · courts

High Court orders GSOC to disclose yellow-marked files in Garda sergeant’s case

high court orders gsoc to disclose yellow-marked files in garda sergeant’s case the ruled that an earlier order quashing findings did not make underlying investigation documents privileged, and ordered inspection copies within seven days. [2020] iehc 307 has síochána ombudsman commission (gsoc) allo

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Courts Service · 2020-06-08 · courts

Court of Appeal orders insurer to disclose documents in Mythen roof damage dispute

court of appeal orders insurer to disclose documents in mythen roof damage dispute the allowed construction’s over discovery, leaving about allianz’s insurance cover and meaning section 62 for substantive proceedings. has ordered allianz public limited company its refusal indemnify bidcon constructi

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Courts Service · 2020-06-05 · courts

High Court refuses to hear HSE injunction application in private

high court refuses to hear hse injunction application in private the judge said had not established grounds exclude public from interlocutory hearing, while leaving open possibility of narrower privacy measures. [2020] iehc 280 refused health service executive’s have its case against neill bradley h

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Courts Service · 2020-06-05 · courts

High Court orders Twitter user details in Fastway parody account case

high court orders twitter user details in fastway parody account case the found a strong prima facie basis for complaints of defamation and trademark damage, ordered disclosure subject to limited-use undertaking. [2020] iehc 279 international company provide two courier businesses with information i

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Courts Service · 2020-06-05 · courts

Court awards PPI one-third of costs after mixed appeal result

court awards ppi one-third of costs after mixed appeal result the awarded phonographic performance (ireland) limited overall high and costs, reflecting both parties’ partial success on preliminary issues. [2020] ieca 147 (ppi) in finding that neither side was entirely successful. award also covers s

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Courts Service · 2020-06-05 · courts

High Court restrains former contractor from sharing alleged patient data

high court restrains former contractor from sharing alleged patient data the granted interim orders over confidential information and restricted defendant leaving ireland pending delivery of records his passport. may apply to vary orders. [2020] iehc 281 has made restraining a contracted systems adm

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Courts Service · 2020-06-04 · courts

High Court answers tax case stated, leaving costs and consequential orders open

high court answers tax case stated, leaving costs and consequential orders open the answered questions of law arising from a revenue appeal, including that statutory four-year limit was unavailable on agreed facts. it did not determine assessments’ amounts. [2020] iehc 295 colm murphy’s appeal conce

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Courts Service · 2020-06-04 · courts

High Court upholds order continuing detention of £6,650 seized at Dublin Port

high court upholds order continuing detention of £6,650 seized at dublin port the rejected a judicial review challenge to district order, ruling that it was made within jurisdiction and related forfeiture proceedings could proceed in circuit court. [2020] iehc 275 court; metropolitan order; pending

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Courts Service · 2020-06-04 · courts

Court of Appeal orders costs after solicitor’s appeal was dismissed

court of appeal orders costs after solicitor’s was dismissed the rejected barry sheehan’s request to depart from usual rule that follow event, while recognising second and third respondents’ entitlement expenses as litigants in person. [2020] ieca 262 has refused avoid his statutory dismissed, rulin

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Courts Service · 2020-06-04 · courts

High Court orders discovery in Setanta Centre tenant-rights dispute

high court orders discovery in setanta centre tenant-rights dispute the ordered several categories of documents for parties’ pending claims, while limiting some requests and refusing about a projected change property value. [2020] iehc 287 court, commercial has clydaville investments limited unlimit

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Courts Service · 2020-06-04 · courts

Supreme Court says clinical director had to implement discharge conditions, leaves damages question open

supreme court says clinical director had to implement discharge conditions, leaves damages question open the held that wrongly refused assess and put in place arrangements for a proposed change m.c.’s conditional discharge. it invited further submissions on whether are available under european conve

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Courts Service · 2020-06-04 · courts

High Court awards limited costs after rejecting Covid-19 judicial review leave bid

high court awards limited costs after rejecting covid-19 judicial review leave bid the ordered for minister health and oireachtas, to work connected with 5 6 may 2020 hearings, refusing challenge measures. [2020] iehc 274 has gemma o’doherty john waters pay state respondents oireachtas their applica

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Courts Service · 2020-06-03 · courts

Court of Appeal rejects bid to reopen €1.74m debt judgment

court of appeal rejects bid to reopen €1.74m debt judgment the refused david wright’s application revisit an earlier ruling, while correcting two errors in that ruling it said did not affect result. [2020] ieca 146 has rejected its decision upholding summary €1,742,842.27 favour launceston property

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Courts Service · 2020-06-03 · courts

High Court dismisses challenge to deportation order after late review request

high court dismisses challenge to deportation order after late review request the found that an applicant who missed statutory five-day period could not seek a protection process had moved on. application was dismissed. [2020] iehc 304 has dismissed albanian applicant’s judicial and international of

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Courts Service · 2020-06-02 · courts

High Court orders access route preserved for Read’s shop pending trial

high court orders access route preserved for read’s shop pending trial the interlocutory injunction preserves from nassau street while considers whether tenant has an implied easement. judgment does not decide that question. [2020] iehc 272 ordered setanta centre’s owner to preserve a dispute over p

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Courts Service · 2020-06-02 · courts

High Court rejects jurisdiction motion and trims revised defence in Grant Thornton case

high court rejects jurisdiction motion and trims revised defence in grant thornton case the declined geraldine scanlan’s bid to have dispute heard first by data protection commissioner ordered parts of her counterclaim struck out. underlying claim remains be tried. [2020] iehc 509 has rejected appli

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Courts Service · 2020-06-02 · courts

Appeal court replaces 30-year no-contact condition with three-year limit

appeal court replaces 30-year no-contact condition with three-year limit the of quashed a sentence barring man from contacting his former partner for 30 years, and resentenced him revised conditions tied to suspended part prison term. has attached term convicted assault causing harm against partner,

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Courts Service · 2020-06-02 · courts

ESB ordered to pay €83,107 after technician developed psychiatric injuries following live-cable incident

esb ordered to pay €83,107 after technician developed psychiatric injuries following live-cable incident the high court found that an untrained suffered post-traumatic stress disorder and depression handling a live cable while using equipment had admitted was unsafe unsuitable. [2020] iehc 572 has a

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Courts Service · 2020-06-02 · courts

High Court orders occupiers to vacate Clondalkin apartment

high court orders occupiers to vacate clondalkin apartment the granted an asset management company’s injunction after finding it was registered owner; alleged earlier fraud remained unsupported by evidence in this case. [2020] iehc 273 has ordered gerard o’sullivan and fiona o’brien at rosebank plac

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Courts Service · 2020-06-02 · courts

High Court rejects Edwards’ bid to block Abbott injunction motion

high court rejects edwards’ bid to block abbott injunction motion the found edwards had not established abuse of process and set evidence hearing dates for abbott’s interlocutory motion. itself was decided. [2020] iehc 266 has rejected lifesciences’ attempt prevent from proceeding with an in a paten

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Courts Service · 2020-06-02 · courts

High Court restricts two directors after pet wholesaler’s collapse

high court restricts two directors after pet wholesaler’s collapse the found had not shown they acted responsibly company’s insolvency became known to them, and imposed five-year restrictions subject statutory conditions. [2020] iehc 264 has restricted brian stenson david from acting as company or s

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Courts Service · 2020-06-01 · courts

High Court orders Radu Iancu’s surrender to Romania after rejecting prison-conditions objection

high court orders radu iancu’s surrender to romania after rejecting prison-conditions objection the found that information about his likely detention conditions rebutted presumption of an article 3 violation, despite a guaranteed minimum two square metres in semi-open regime. [2020] iehc 316 has ord

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