Courts Service · 2020-07-31 · courts
high court quashes 2019 electricians’ employment order, suspends wider constitutional declaration pending appeal the ruled electrical contracting order was made without jurisdiction and in breach of fair procedures. it stayed concerning law that enabled sectoral orders until an is determined. [2020]
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal strikes out microsoft debt after distributor’s counterclaim was dismissed the held that over lifting a stay had become moot once high on which depended. dismissal not under appeal. [2020] ieca 217 has struck an by moneer omar thabit trading est. ireland operations limited’s judgment,
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal quashes conviction after concerns over diary ruling and jury directions the said combined left it unable to say confidently that trial was fair verdict safe. quashed any retrial application for a later hearing. [2020] ieca 220 has pk’s sexual assault, saying about handling material o
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal dismisses challenge to bank ireland possession order the rejected janet matthews’ arguments that case belonged in circuit or was time-barred. it said high court’s would take immediate effect, while allowing written submissions on a possible stay and costs. [2020] ieca 214 has dismiss
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
high court upholds interim order to continue dismissed worker’s pay and benefits the appeal concerned temporary relief under protected disclosures act 2014. said it was not deciding merits of complaints or making a final finding about why he dismissed. [2020] iehc 368 has an employer’s against requi
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal sets aside dismissal prisoner’s injury claim the held that should not have been dismissed because plaintiff was unable to explain precisely how his hand entered an unguarded machine. it sent case back high continue. [2020] ieca 218 has set a personal over 2008 accident involving meta
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
high court rules right to know appeal over ibec records was moot the documents had been disclosed before hearing. declined decide whether they were environmental information or lobbying could qualify as an activity under aie regulations. [2020] iehc 392 has ruled that clg’s access connected with sub
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
supreme court sends porcupine bank catch-reporting dispute to eu the upheld two fishermen’s standing challenge use of a time-based method for estimating nephrops catches and decided seek preliminary ruling on whether rules permit that method. [2020] iesc [not stated in source excerpt] ireland has re
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal allows prison injury over machine safety findings the set aside dismissal felix moorehouse’s claim and sent it back to high court, holding that causation could be inferred from negligence despite uncertainty about accident’s precise mechanism. [2020] ieca 218 has allowed against his
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
supreme court says ireland’s climate plan lacked required detail in a judgment delivered by chief justice clarke, the concluded 2017 national mitigation fell short of 2015 act’s requirements and proposed that it be quashed. also ruled friends irish environment could not bring its rights-based claims
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court orders skoczylas to pay permanent tsb’s costs of stay application the appeal said his unsuccessful put company further costs. it also rejected bias submissions against collins j. [2020] ieca 216 has ordered piotr tsb group holdings plc’s for a stay, with amount subject adjudication if parties
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal upholds dismissal prison workshop injury claim the dismissed felix moorehouse’s over injuries sustained at wheatfield prison, finding that high was entitled to reject his account how accident happened and could not infer causation from defendants’ breaches alone. [2020] ieca 218 has
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
simpson awarded one-third of costs after supreme court finds dishonesty in prison conditions case the ruled on its earlier decision granted gary a constitutional declaration and €7,500 damages over his detention conditions. [2019] iesc 81 (earlier appeal judgment) has high reserved appeal, finding t
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
high court rejects challenge to laois council’s impounding of horse the found council was entitled detain and require payment its costs before returning it, refused reliefs sought in a judicial review. [2020] iehc 424 has review by simon o’donoghue county detention his horse, braveheart, requirement
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal rules car park costs cannot take priority over secured debt the allowed developers’ use unit c sale proceeds, while upholding management company’s obligation to sign easements for sales. [2020] ieca 213 ruled that net proceeds from last at maynooth business campus must be remitted cr
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
supreme court refuses retrial over kerdiffstown landfill charges the reversed of appeal’s order, giving significant weight to time elapsed since alleged offences and 2015 acquittal. [2020] iesc 26 ireland has refused order a t.n. concerning operation site at kerdiffstown, county kildare, reversing d
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
supreme court says legal aid recommendation did not compel payment the allowed state’s appeal in part, ruling that a under – custody issues scheme carries significant weight but does not, by itself, require board to pay. s:ap:ie:2019:000165 has ruled court’s pay litigant’s costs. must consider such
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
high court dismisses challenge to deportation order by pakistani national the judicial review minister’s decisions and was dismissed; found pleaded grounds did not establish a legal error. [2020] iehc 364 has dismissed national’s concerning permission remain order. rejected application, including se
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
high court refuses late challenge to rural housing refusal the found that applicant had not explained delay through january 2019, despite accepting her infant son’s health difficulties affected ability act during original eight-week period. [2020] iehc 423 refused olivia reidy an extension of time b
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal dismisses against indecent assault convictions the rejected four grounds challenge and found no basis to conclude that trial was unfair or verdict unsafe. [2020] ieca 219 has dismissed an by nc two for assault, concluding not verdicts were followed a retrial began on 3 april 2017. ju
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal increases nevin’s sentence for rape and sexual assault to 14½ years the found original concurrent sentences unduly lenient, quashed them imposed consecutive sentences, suspending final three a half on conditions. has increased patrick years, after finding lenient. it by sentencing or
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
appeal court overturns costs order against homeowners in saggart building dispute the of held that contractor’s 2016 offer left key issues uncertain and ordered recover their high costs, subject to adjudication if parties cannot agree. [2020] ieca 215 has set aside a shane antoinette o’reilly facing
Report a correction · Ask for more detail
Courts Service · 2020-07-31 · courts
court of appeal dismisses janet matthews’s in bank ireland mortgage case the agreed that required a demand before secured money became payable, rejecting appellant’s limitation argument. judgment also refers to reasons given separate by noonan j. [2020] ieca 214 has dismissed dispute with governor a
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
court of appeal dismisses challenge over delay in 1978 indecent assault trial the ruled that appellant had not shown missing witnesses or records deprived him a realistic opportunity to present an obviously useful defence. [2020] ieca 210 has dismissed by m.j against his conviction on five counts as
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
court of appeal awards costs to insurer after dismissing delay the ruled that was entirely successful in opposing anthony fitzpatrick’s and ordered costs, be adjudicated if parties could not agree. [2020] ieca 212 has fitzpatrick pay aig europe limited’s his against a refusal strike out proceedings
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court orders surrender to romania after dismissing objections the rejected challenges based on prison conditions, delay and trial in absentia, then ordered under european arrest warrant act. [2020] iehc 396 has of marton gyozo kis a warrant, his surrender. judgment delivered 30 july 2020, mr ju
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court refuses ryanair bid to make skyscanner secure passengers’ personal email addresses the interlocutory application concerned bookings made through online travel agents on skyscanner. refused injunction, leaving underlying claims for trial. [2020] iehc 399 court, commercial has ryanair’s an
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court says arrest power did not need to be specified in public order prosecution on a case stated by the district court, answered all three questions against judge’s reasoning for dismissing charges maressa bradley. [2020] iehc 466 has ruled that have prove valid or state statutory used bradley
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
circuit court allows road safety authority appeal in learner permit discrimination case the set aside a workplace relations commission decision that had found indirect against an anonymised applicant for international protection. court, dublin circuit, county of city allowed authority’s it indirectl
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court refuses most relief in delayed assessment case involving child the refused applicant’s requested except for a declaration, made across three cases, concerning failures to furnish reports required by disability act 2005. precise terms of order were left written submissions. [2020] iehc 405
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court refuses challenge over hse services statement for child with asd the declined to quash a 2018 saying recommended were unavailable, while allowing declaration concerning non-provision of statutory reports. it reserved final order later submissions. [2020] iehc 404 has refused child’s appli
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
court finds circle k liable for customer’s fall on raised forecourt repair the high found that an uneven tarmacadam at a kilkenny filling station created foreseeable trip hazard. it awarded mary delaney €71,770 in damages. [2020] iehc 453 ireland energy group limited after fell section of repaired k
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
appeal court sends aib guarantee claim to full hearing on warehouse-limitation defence the of set aside summary judgment against sean cuddy and allowed him defend only that had agreed limit its recourse a galway warehouse. [2020] ieca 211 (civil) has €1.5 million in favour allied irish banks sent on
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
court of appeal allows bank borrower to defend €1.5m guarantee claim the allowed an against summary judgment, ruling that evidence alleged collateral agreement just met threshold for a full hearing on limited recourse defence. [2020] ieca 211 has sean cuddy allied irish plc’s under €1.5 million guar
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court rejects most claims in child’s disability assessment case the refused relief sought by an anonymised applicant, but declared that hse breached its reporting duty for 2015 to 2019. it said submissions were still needed on declaration’s precise terms. [2020] iehc 406 of a judicial review ov
Report a correction · Ask for more detail
Courts Service · 2020-07-30 · courts
high court refuses to set aside delayed insurance broker claim the found significant inexcusable delay in joining j. hatty & company, but ruled that balance of justice allowed third-party proceed. [2020] iehc 390 has refused an application by company a notice personal injury case, despite finding de
Report a correction · Ask for more detail
Courts Service · 2020-07-29 · courts
high court restricts wilton shopping centre company director for five years the restricted fergus applebe from acting as a or secretary unless meets statutory capital requirements. it declined to make restriction order against brendan o’brien. [2020] iehc 376 has of that requirements under companies
Report a correction · Ask for more detail
Courts Service · 2020-07-29 · courts
court of appeal awards quarries company high costs in employment dispute the allowed keegan limited’s against a €2,000 order, finding underlying judicial review proceedings amounted to an abuse process. it left open further written submissions. [2020] ieca 208 has set aside order requiring limited p
Report a correction · Ask for more detail
Courts Service · 2020-07-28 · courts
court of appeal grants frank ryan credit for remand custody in sentence the varied a seven-year after an focused on time spent solely offences. it directed full period from 4 december 2016 to 3 july 2017. appeal; circuit criminal court, clonmel (sentencing court) has ryan’s eight offences, directing
Report a correction · Ask for more detail
Courts Service · 2020-07-28 · courts
court of appeal reduces sentence for historic sexual assault count and backdates term the upheld main assaults on one complainant, found an error in treating manner contesting trial as aggravating, changed start date. adjusted imposed s. o’s. against two sisters, backdating to 27 february 2018 reduc
Report a correction · Ask for more detail
Courts Service · 2020-07-28 · courts
high court sends €152,161 interest claim over harcourt street hotel sale to full hearing the found olema consultants had a fair and reasonable prospect of arguing that 10% late-completion clause was an unenforceable penalty. it did not decide whether penal or any owed. [2020] iehc 498 has sent irish
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
court of appeal upholds €187,579 award in architectural-fees dispute the dismissed both sides’ appeals, leaving place high court’s and its rulings on costs interest. [2020] ieca 204 has appeals by an architectural firm liquidation five defendants, a judgment awarding €187,579.92, including vat, for
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
high court permits netherlands to prosecute man for two additional offences the rejected an objection that 2016 surrender could not support consent charges after a cjeu ruling on dutch prosecutors’ authority. it said earlier decision was final. [2020] iehc 369 has consented prosecution in of alleged
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
high court refuses second deadline extension and dismisses prison-release judicial reviews the applicants had already received temporary bail to attend their mother’s funeral. refused another after missed filing deadlines said cases were largely moot. [2020] iehc 341 has a request extend time for is
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
court of appeal orders costs against nowak in two data protection appeals the dismissed both and ordered peter nowak, while preserving a no-costs order for commissioner lower courts one case. execution new was stayed on specified terms. [2020] ieca 202 has to pay (dpc) appeals, price waterhouse coop
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
court of appeal rejects challenge to dismissal forensic science claim the held that negligence against northern ireland depended on revisiting a lease alteration allegation had already been settled. [2020] ieca 203 has dismissed william mulrooney’s his (fsni), affirming proceedings were an abuse pro
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
high court strikes out russia extradition application after assurances fail to arrive the made no determination on whether would breach respondent’s fair trial rights, and did not decide article 3 prison-conditions objection. [2020] iehc 370 struck an extradite igor yurievich khatlamadzhiyev russian
Report a correction · Ask for more detail
Courts Service · 2020-07-27 · courts
supreme court allows appeal in part over deportation and article 8 assessment the held that an earlier marriage-of-convenience finding could be relied on process, but did not make marriage a nullity or remove need to assess family private life rights. has allowed by pakistani national two latvian na
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
court of appeal sends earnings award back to high for reassessment the concerned only €250,000 awarded future loss earnings. said trial judge had not explained assumptions or calculation behind that figure. [2020] ieca 200 has allowed an over a and sent issue on evidence already given at trial. by a
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
supreme court rules dublin iii discretion rests with justice minister the allowed state’s appeal, finding that ireland’s 2014 regulations did not give refugee decision-making bodies power to use article 17 keep an asylum application in ireland. family’s was be considered separately by minister. [202
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
supreme court dismisses harassment appeal while judge sets out narrower meaning of ‘besetting’ justice iseult o’malley agreed the should be dismissed because communications with complainant were open to jury, but said her analysis “besetting” was obiter and favoured a physical-presence interpretatio
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
high court orders surrender to poland after rejecting objections the dismissed challenges based on offence correspondence and human rights, then ordered under european arrest warrant act. [2020] iehc 395 has of a man serve remaining terms two prison sentences, dismissing his irish law convention rig
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
supreme court awards mungovan 40% of costs after appeal win the set out across proceedings and confirmed which issues will return to high for trial. it made no ruling on council policy’s validity or liability. [2020] iesc 000047 awarded john james all courts, motions steps in his case against clare
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
high court refuses receiver challenge and awards defendants costs the declined to revisit its earlier refusal of interlocutory relief ordered defendants’ application, subject adjudication if parties cannot agree. [2020] iehc 365 has refused flor crowley’s application challenging appointment a that r
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
high court dismisses bid to remove dominar liquidator and awards costs the ordered in favour of liquidator, including reserved costs, stayed enforcement until appeal period ends or any is determined. [2020] iehc 366 has dismissed print display limited’s application liam dowdall as group limited mr d
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
high court orders further details in ryanair counterclaim and sets trial sequence the refused ryanair’s bid to strike out sc vola.ro srl’s counterclaim, but ordered particulars directed that liability claim be heard first. [2020] iehc 367 has srl provide of its against dac, while directing both defe
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
high court orders surrender to lithuania after rejecting final objection the dismissed an based on whether had decided charge and try respondent, then ordered under european arrest warrant act. [2020] iehc 433 has of tomas tamulaitis dismissing his remaining a warrant. in judgment delivered 24 july
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
supreme court upholds harassment conviction over campaign of emails and leaflets the ruled that communications sent to other people could amount when they were intended reach distress victim. it dismissed appeal; appellant’s sentence was not under appeal. [2020] iesc 045 has eve doherty’s appeal aga
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
appeal court reduces chloe bates’s sentence to eight months the of upheld assessment that custody was warranted for careless driving causing serious bodily harm and failing stop, but found did not give enough weight mitigation. [2020] ieca 199 reduced from 12 months’ imprisonment after finding circu
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
supreme court rejects appeal over harassment conviction, while judges differ on ‘besetting’ in a separate judgment, chief justice o’donnell said the jury could find that conduct amounted to communication under law. he agreed conviction should be dismissed, explaining his reservations about meaning o
Report a correction · Ask for more detail
Courts Service · 2020-07-24 · courts
court of appeal refuses costs to both sides in child return dispute the parents’ over consequential relief after three children were returned england failed. refused hampshire county council’s request and declined award parents or refer their solicitors for inquiry. [2020] ieca 201 has lost an seeki
Report a correction · Ask for more detail
Courts Service · 2020-07-23 · courts
court of appeal dismisses father’s against sexual offence convictions the rejected challenges to trial and convictions, including arguments about conflicting evidence over penile implants attempted rape conviction. has dismissed v.h.’s for section 4 rape, leaving in place. all grounds did not alter
Report a correction · Ask for more detail
Courts Service · 2020-07-23 · courts
court of appeal overturns €62,500 award over tramore speed-bump fall the allowed waterford city and county council’s liability appeal, finding plaintiff’s choice to walk on roadway failure watch where she was going caused her fall. it dismissed claim. [2020] ieca 196 has overturned a high woman who
Report a correction · Ask for more detail
Courts Service · 2020-07-23 · courts
court of appeal awards costs to peter charleton after dismissing keith harrison’s the ruled that harrison had not shown special reasons depart from usual rule, awarding both and high proceedings. [2020] ieca 197 has awarded an underlying proceedings on all grounds. in a ruling delivered 23 july 2020
Report a correction · Ask for more detail
Courts Service · 2020-07-23 · courts
supreme court reduces damages against three defendants by €575,000 in a supplemental judgment on the form of its order and appeal costs, applied agreed reduction mr. morrissey’s to hse quest as well medlab. has directed that awarded paul morrissey be reduced health service executive, diagnostics inc
Report a correction · Ask for more detail
Courts Service · 2020-07-23 · courts
high court approves adoption after finding agency failed to support mother-daughter contact the found statutory threshold for was met, while criticising child and family agency’s failure pursue access reunification 2008 its delay in progressing application. [2020] iehc 419 court, law approved an app
Report a correction · Ask for more detail
Courts Service · 2020-07-23 · courts
high court orders surrender to uk after rejecting objections over absence from sentencing the accepted updated warrant information showing respondent had been represented through and found european arrest act requirements were met. [2020] iehc 387 ordered of peter mc donagh united kingdom under a wa
Report a correction · Ask for more detail
Courts Service · 2020-07-22 · courts
high court quashes deportation orders for mother and daughter the found legal procedural flaws in minister’s decisions, including an incomplete assessment of family life humanitarian circumstances. it did not grant applicants eu residence cards. [2020] iehc 360 has quashed against a pakistani her da
Report a correction · Ask for more detail
Courts Service · 2020-07-22 · courts
court of appeal replaces taxi assault sentence with four years, suspending half the allowed director public prosecutions’ appeal, finding that most original was unjustified. it imposed a four-year final two years suspended on same conditions. has quashed for an driver as unduly lenient and resentenc
Report a correction · Ask for more detail
Courts Service · 2020-07-22 · courts
appeal court cuts endangerment sentence to five and a half years, suspends final two the of found original seven-year headline was out line with comparable cases, but said other offences taken into account added substantially overall culpability. reduced gary o’connell’s for from six 18 months suspe
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
court of appeal dismisses over five-year sentence for online harassment the upheld a five years, with final two years suspended, six offences involving women years. has dismissed an against imposed on brendan doolin counts harassment, finding no error principle in sentencing judge’s approach. ex tem
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
supreme court rejects challenges to contractor role in protection application decisions the dismissed appeals by five applicants, finding that evidence showed designated officials carried out their statutory examination or investigation while panel members assisted. a separate leave-to-remain decisi
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
high court fixes james adams vintners liquidators’ fees at revenue’s proposed level the approved reduced remuneration for joint liquidators and their application costs, while leaving consequential orders a further hearing. [2020] iehc 508 fixed of limited amounts by revenue, rejecting creditors’ rep
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
high court orders man’s surrender to lithuania over theft and criminal damage allegations the rejected objections a european arrest warrant issued for prosecution, finding that was not prohibited by irish law. order does determine whether respondent committed alleged offences. [2020] iehc 358 has or
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
court of appeal sets conditional september deadline for gearys’ statement claim in a costs judgment, the addressed parties’ expenses after its may ruling and proposed new filing deadline, subject to any reasoned objection from three respondents. [2020] ieca 194 has set out orders following proceedin
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
high court sets off costs in four tax information cases the applicant was awarded of proceedings, while respondent company reasonable compliance costs; measured them as equal, leaving no overall order. [2020] iehc 486 has set proceedings seeking for foreign authorities, order between and a company.
Report a correction · Ask for more detail
Courts Service · 2020-07-21 · courts
high court finds arguable interest overcharging defence in home repossession appeal the allowed from a summary possession order and sought further submissions on whether disputed loan balance affected demand for repayment or any stay. [2020] iehc 484 found that joanne phelan had an to claim based al
Report a correction · Ask for more detail
Courts Service · 2020-07-20 · courts
high court makes interlocutory proceeds of crime orders over three properties the found on a prima facie basis that irish owned by john mccormack were acquired with crime. it rejected his explanations and ordered relief under act 1996. [2020] iehc 32 has made 1996 mccormack, finding they acquired, i
Report a correction · Ask for more detail
Courts Service · 2020-07-20 · courts
court of appeal reduces drogheda cannabis sentence to two and a half years the quashed four-year after finding sentencing judge had placed offence too high on seriousness scale. it resentenced appellant, suspending final six months for 12 stated conditions. has prison imposed dean thornton him years
Report a correction · Ask for more detail
Courts Service · 2020-07-17 · courts
supreme court leaves stay in place while wind farm appeal awaits decision the upheld of appeal’s a high order restraining farm, after delays changed expected duration that restraint. s:ap:ie:2020:000010 has left restrained operation found to be material breach its planning permission. will remain de
Report a correction · Ask for more detail
Courts Service · 2020-07-17 · courts
supreme court says wind farm stay should not have been granted, but leaves it in place pending appeal the said of gave too little weight to planning enforcement and high court’s findings. did lift because related proceedings a made maintaining status quo appropriate. [2020] iesc 33 ireland held that
Report a correction · Ask for more detail
Courts Service · 2020-07-17 · courts
high court refuses surrender to poland over lack of correspondence for one offence the found that facts provided a document-related did not establish an equivalent under irish law. it need decide separate section 45 objection. [2020] iehc 357 has refused application katarzyna żyłka serve remaining p
Report a correction · Ask for more detail
Courts Service · 2020-07-17 · courts
high court refuses anne kelly’s bid to halt liquidation proceedings the rejected an interlocutory injunction and refused set aside earlier orders appointing gerard murphy as liquidator, citing prior rulings, procedural defects its assessment of fraud allegations. [2020] iehc 351 ireland has applicat
Report a correction · Ask for more detail
Courts Service · 2020-07-17 · courts
high court judge refuses anne kelly’s application to recuse himself mr justice brian o’moore rejected claims of bias arising from a february hearing over an injunction and petition wind up kelly trucks strokestown dac. [2020] iehc 352 the refused for further involvement in proceedings concerning lim
Report a correction · Ask for more detail
Courts Service · 2020-07-17 · courts
high court signals refusal of leave to sue liquidated waste firm, pending affidavit on insurance the said claim against crumb rubber ireland limited appeared serve no useful purpose given company’s lack assets and responsive insurance, but deferred finalising its order until liquidator confirms evid
Report a correction · Ask for more detail
Courts Service · 2020-07-16 · courts
high court orders donegal quarry to stop unauthorised works pending trial the granted county council interlocutory relief against p bonar plant hire ltd, finding a serious question be tried and that balance of justice favoured stopping operations while case proceeds. [2020] iehc 349 has ordered trad
Report a correction · Ask for more detail
Courts Service · 2020-07-16 · courts
circuit court refuses late interim relief application in protected disclosure dispute the declined to extend 21-day deadline, finding applicant had not shown objective reasons for delay or an arguable case that his dismissal resulted wholly mainly from a disclosure. court, dublin circuit, county of
Report a correction · Ask for more detail
Courts Service · 2020-07-16 · courts
high court strikes out residents’ group case over st paul’s site bird protection the ruled that clonres’s proceedings seeking for raheny were of time and refused its application to extend deadline. [2020] iehc 353 court, commercial has struck brought by clonres clg have in designated as a special ar
Report a correction · Ask for more detail
Courts Service · 2020-07-16 · courts
high court orders surrender to uk after rejecting rights risk objections the found no cogent evidence of a real respondent’s fundamental and declined seek guarantees from authorities. [2020] iehc 350 has ordered man united kingdom face prosecution for three alleged offences involving criminal proper
Report a correction · Ask for more detail
Courts Service · 2020-07-15 · courts
court of appeal leaves bank loan consideration dispute for full hearing the dismissed aib’s appeal, allowing a couple to argue at high trial that 2010 facilities lacked consideration. it made no finding on whether defence will succeed or amount ultimately owed. [2020] ieca 191 has aib mortgage and a
Report a correction · Ask for more detail
Courts Service · 2020-07-15 · courts
supreme court dismisses appeal over disability allowance residence rule the held that was correctly classified as a special non-contributory and declined to refer issue eu court. has dismissed an by catalin petecel whether he could claim without meeting habitual condition. in judgment delivered on 1
Report a correction · Ask for more detail
Courts Service · 2020-07-15 · courts
court of appeal dismisses daniel wyse’s against conviction the rejected challenges to trial judge’s rulings, jury directions and handling drugs exhibit. separate sentence remained live. has dismissed his for misuse act offences, including an offence under section 15a. judgment, delivered on 15 july
Report a correction · Ask for more detail
Courts Service · 2020-07-15 · courts
high court refuses security for costs in €300,000 loan dispute the dismissed commissioning services ltd’s application and ordered it to provide further particulars, while leaving underlying trial. [2020] iehc 340 has refused require bionomica ltd its legal a over an alleged loan. also company partic
Report a correction · Ask for more detail
Courts Service · 2020-07-15 · courts
court of appeal awards bank costs after dismissing o’shea the ordered in danske bank’s favour, to be assessed if parties cannot agree, and stayed enforcement subject a possible supreme leave application. [2020] ieca 192 has paul pay a/s trading as his appeal, with amount adjudicated agree. it also e
Report a correction · Ask for more detail
Courts Service · 2020-07-14 · courts
high court refuses promontoria’s application to charge and sell land the said registration of a lien alone did not prove when underlying equitable mortgage was created or that lender entitled relief sought. [2020] iehc 337 refused promontoria (oyster) dac’s for well charging order an sale, finding c
Report a correction · Ask for more detail
Courts Service · 2020-07-14 · courts
court of appeal sets aside €5,000 award over prison complaints process the ruled that policy did not create an actionable duty care and declined to grant declaratory relief. it left its proposed costs orders open for written submissions. [2020] ieca 189 has set a damages declaration against governor
Report a correction · Ask for more detail
Courts Service · 2020-07-14 · courts
high court orders surrender to latvia serve activated two-year sentence the rejected objections a european arrest warrant, finding sufficient judicial input in its issue and no proven bar under articles 6 or 8 of convention. [2020] iehc 389 has ordered ivo smits prison that was after he breached con
Report a correction · Ask for more detail
Courts Service · 2020-07-14 · courts
supreme court sends polish warrant case back for further information the retained appeal over a 2019 surrender order and directed high to seek answers from authorities about suspended sentence earlier proceedings. [2020] iesc 000; record [2019] iehc 803 of ireland; judgment directs gathering through
Report a correction · Ask for more detail
Courts Service · 2020-07-13 · courts
court of appeal dismisses challenge to suspended sentence condition in €37,635 welfare fraud case the upheld four-year and its requiring proceeds from latvian land sales be paid department social protection. [186/2019] has dismissed an by dainis rubenis against a attached suspension his for theft de
Report a correction · Ask for more detail
Courts Service · 2020-07-13 · courts
court of appeal quashes refusal naturalisation over fairness concerns the held that minister’s decision did not show relevant explanations and contextual information had been considered. it remitted application for reconsideration. has quashed minister justice equality’s an angolan-born man’s irish
Report a correction · Ask for more detail
Courts Service · 2020-07-13 · courts
court of appeal rejects bid to revisit interlocutory injunction ruling the dismissed appellants’ post-judgment challenge, affirmed high order and awarded respondent costs hearing appeal. [2020] ieca 188 has paddy mckeown adelaide mccarthy’s attempt reopen its earlier decision in a dispute with ned m
Report a correction · Ask for more detail
Courts Service · 2020-07-10 · courts
court of appeal awards appellant costs and high proceedings the ruling followed an earlier decision allowing remitting case to court. payment is stayed until are finally determined. [2020] ieca 185 has directed that ian coughlan receive his in both proceedings, with a stay ruling, delivered on 10 ju
Report a correction · Ask for more detail
Courts Service · 2020-07-10 · courts
high court rejects challenge to dublin city council’s croke villas plan four residents sought overturn approval for 61 apartments and related works near park. the refused main judicial review reliefs, finding council had properly considered environmental assessment traffic issues raised. [2020] iehc
Report a correction · Ask for more detail
Courts Service · 2020-07-10 · courts
court of appeal upholds dismissal fisherman’s claim over vessel reclassification the ruled that plenary proceedings were, in substance, a late challenge to public-law decisions about his boat’s classification and fishing access. it dismissed proposed defendants receive costs, subject written submiss
Report a correction · Ask for more detail
Courts Service · 2020-07-10 · courts
high court says prison may respect inmate’s informed refusal of food and treatment the granted agreed declarations after finding prisoner had capacity to refuse nourishment related medical care. he ended his hunger strike hearing, judge said. [2020] iehc 354 allowing authorities a prisoner’s decisio
Report a correction · Ask for more detail
Courts Service · 2020-07-10 · courts
high court orders surrender to poland after rejecting family-life and delay objections the found evidence did not establish truly exceptional circumstances that would make incompatible with article 8 rights. [2020] iehc 417 has ordered of a man under european arrest warrant, his arguments impact on
Report a correction · Ask for more detail
Courts Service · 2020-07-09 · courts
high court directs notice to attorney general in legal aid case the sought general’s views on whether eu law requires legislation include persons, and set a timetable for further submissions. [2020] iehc 347 directed friends of irish environment clg notify proceedings challenging board’s refusal let
Report a correction · Ask for more detail
Courts Service · 2020-07-08 · courts
court of appeal orders split costs in chubb and hia dispute won cancellation an enforcement notice direction its statutory application, but the ordered it to pay one third hia’s that case all specified hearing unsuccessful judicial review. [2020] ieca 183 european group se health insurance authority
Report a correction · Ask for more detail
Courts Service · 2020-07-08 · courts
supreme court judge would dismiss ucc appeal over 2009 cork flood in a dissenting judgment, o’donnell j. disagreed with the majority’s conclusion that esb owed limited duty of care operating river lee dams. appeal’s outcome and any further orders are not stated this judgment. ireland university coll
Report a correction · Ask for more detail
Courts Service · 2020-07-08 · courts
supreme court upholds esb’s negligence liability over 2009 ucc flood the upheld finding that esb failed to take reasonable care in managing lee dams, while leaving contributory and possible adjustment of damages for further consideration. [2020] iesc ?? ireland has electricity supply board (esb) was
Report a correction · Ask for more detail
Courts Service · 2020-07-08 · courts
high court says cloghan franchisee had sufficient interest to seek licence revival the answered “yes” questions referred by a district judge, finding franchise agreement gave galfer filling station limited enough entitlement occupy premises for application. [2020] iehc 478 operating spar in cloghan,
Report a correction · Ask for more detail
Courts Service · 2020-07-08 · courts
high court strikes out defamation case after wrong publisher was sued the refused to add three publishing companies as defendants, finding proposed claims were time-barred or otherwise untenable. it struck and awarded existing defendant its costs. [2020] iehc 472 dana rosemary scallon’s proceedings
Report a correction · Ask for more detail
Courts Service · 2020-07-07 · courts
court of appeal dismisses challenge to full revocation suspended sentence the found resulting two-year term was not disproportionate, while noting circuit judge had erred by expressly addressing totality. has dismissed tony caulfield’s against an order revoking 18-month portion earlier and requiring
Report a correction · Ask for more detail
Courts Service · 2020-07-07 · courts
court of appeal dismisses michael wymes’s challenge to bankruptcy adjudication the upheld refusal annul adjudication, finding no basis disturb high court’s decision on petition or other grounds. [2020] ieca 182 has dismissed against his leaving order in place. a judgment delivered 7 july 2020, ms ju
Report a correction · Ask for more detail
Courts Service · 2020-07-07 · courts
high court dismisses o’neill’s case against two securitisation companies the found no stateable claim either company and dismissed proceedings them, while leaving unresolved a dispute over terms of one loan. [2020] iehc 334 arthur companies, finding that he had not shown either. also frivolous vexat
Report a correction · Ask for more detail
Courts Service · 2020-07-06 · courts
court of appeal quashes knife conviction after finding jury directions incomplete the allowed derek hearns’s against his under section 11, citing an unresolved inconsistency with acquittal on false imprisonment and a risk that had been misdirected offence’s legal requirements. has quashed for produc
Report a correction · Ask for more detail
Courts Service · 2020-07-06 · courts
court of appeal dismisses damages over quashed robbery conviction and delay the upheld refusal damages, finding claim borderline but not established on evidence. it also ruled separate human-rights was out time. [2020] ieca 180 has dismissed michael o’callaghan’s against after his quashed, while all
Report a correction · Ask for more detail
Courts Service · 2020-07-06 · courts
high court awards plaintiffs 70% of costs amendment motion mr justice allen declined to reserve for trial, finding the was appropriately sought but vigorously and unsuccessfully opposed. [2020] iehc 329 ordered howth estate company julian gaisford-st lawrence pay plaintiffs’ a amend their statement
Report a correction · Ask for more detail
Courts Service · 2020-07-05 · courts
appeal court orders return of boy to poland after rejecting grave-risk defence the overturned a refusal child wrongfully removed from poland, ordering his by 15 september 2020 short stay. [2020] ieca 233 has allowed father’s and ordered that seven-year-old son be returned 2020, following stay allow
Report a correction · Ask for more detail
Courts Service · 2020-07-03 · courts
court of appeal replaces sentence in child sexual abuse case with 10 years’ imprisonment the increased pre-mitigation from 12 to 15 years, kept a one-third reduction for mitigation and ordered five years post-release supervision. has replaced 10-year sentence, which included two suspended, without s
Report a correction · Ask for more detail
Courts Service · 2020-07-03 · courts
court of appeal cuts sexual assault sentence to two and a half years, suspends final six months the found imposed in dublin circuit criminal excessive, while upholding decision not adjourn sentencing for reports or suspend part original term. reduced man’s years’ imprisonment, suspended months, orde
Report a correction · Ask for more detail
Courts Service · 2020-07-03 · courts
high court refuses stay of employment injunction in over-c dispute mr justice david keane confirmed an order requiring the companies to continue specified salary and benefits payments donal o’donovan, refused pause it pending a possible appeal. [2020] iehc 327 court, chancery has interlocutory techn
Report a correction · Ask for more detail
Courts Service · 2020-07-03 · courts
high court refuses review of drogheda driver’s convictions on procedural grounds the found delay and failure to lodge circuit order were inadequately explained, after considering merits challenge. [2020] iehc 328 has refused an application for judicial seeking quash a decision upholding failing prov
Report a correction · Ask for more detail
Courts Service · 2020-07-03 · courts
supreme court orders full trial in defender’s madoff-related negligence claim the appeal means dispute will proceed to rather than be decided as a preliminary issue; did not determine whether any defendant was liable. [2020] iesc 000 has cleared way for of brought by defender limited over investment
Report a correction · Ask for more detail
Courts Service · 2020-07-03 · courts
supreme court restores defender’s damages case against hsbc france the overturned a preliminary ruling that had barred claim over losses linked to madoff fraud, allowing action proceed trial. s:ap:ie:2019:000027 of ireland has set aside high order defender limited’s bernard madoff’s investment fraud
Report a correction · Ask for more detail
Courts Service · 2020-07-02 · courts
court of appeal moves sentence review for minor convicted attempted murder to january 2025 the found an earlier after five years in custody unduly lenient, kept 11-year and set a later date. [260/19] {'name': 'court appeal', 'division_or_level': appeal'} has prison moved date 1 2025, ruling that was
Report a correction · Ask for more detail
Courts Service · 2020-07-02 · courts
high court finds it can hear philip fried’s oppression application in claddagh jewellers dispute the accepted an urgently filed motion as under company law after andrew fried abandoned his own case, but deferred several requested orders to a later hearing. [2020] iehc 325 ruled that had jurisdiction
Report a correction · Ask for more detail
Courts Service · 2020-07-02 · courts
high court dismisses galway clinic shareholder dispute as moot the ended claims over a proposed €17 million medical facility after finding project had not proceeded and plaintiffs no longer continuing material interest. it did decide whether board’s 2017 approval breached agreement. [2020] iehc 323
Report a correction · Ask for more detail
Courts Service · 2020-07-02 · courts
court of appeal dismisses against sexual-offence sentences the upheld concurrent seven years for eight indecent assaults and three a half sexual assault, finding no sentencing error. has dismissed s. l.’s severity one just appropriate. concerned seven-year prison complainant “f” sentence assault “e”
Report a correction · Ask for more detail
Courts Service · 2020-07-02 · courts
high court restrains use of claddagh jewellers mark pending trial the found a fair question to be tried over ownership trade and granted limited interim orders after defendants did not attend hearing. [2020] iehc 324 has restrained “claddagh jewellers” by company formerly known as ring limited, dete
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
court of appeal dismisses daniel hogan’s against five-year sentence the found no error in principle for criminal damage, burglary and producing an article capable causing serious injury. final 18 months were suspended on terms. has dismissed a sentence, with terms, offences including inflicting impo
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
high court orders bbc discovery in gerry adams defamation case the set seven categories of documents for and refused adams’s request to compel further particulars. it did not decide claim. [2020] iehc 441 has ordered provide action over a 2016 television programme website article. also application b
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
court of appeal rejects nowak’s claim to inspect original exam scripts the dismissed an on whether data protection law entitled peter nowak scripts, while leaving lower-court costs orders in place and directing submissions costs. [2020] ieca 174 over a subject could require access examination under
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
court of appeal dismisses damien metcalfe’s against ira membership conviction the rejected challenges to belief evidence, identification from a surveillance recording, interview inferences and refusal stop trial. did not reconsider sentence. has dismissed his for an unlawful organisation, concluding
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
high court refuses to return invalid housing plan planning board the set aside an bord pleanála’s permission for a strategic development and refused developer’s request have application reconsidered without further public participation. has remit pleanála after ruling that was from outset because it
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
court of appeal dismisses nowak’s data access over pwc audit memoranda the held that responding to his complaint about two audits did not relate him as personal data. it also ordered pay respondent’s costs in earlier appeals, with this subject further submissions. [2020] ieca 175 has dismissed peter
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
court of appeal dismisses challenge to drug dealing sentences the upheld three concurrent four-year sentences, with final year suspended, consecutive a sentence for assault. it rejected appellant’s grounds appeal. has dismissed gabriel olatunbosun’s against severity offences, leaving in place terms
Report a correction · Ask for more detail
Courts Service · 2020-07-01 · courts
high court orders discovery on pascal manufacture, imports and exports in a patent dispute between abbott edwards, the ruled remaining contested categories directed parties to settle wording for parts of its order. [2020] iehc 321 has ordered edwards disclose documents about projected production dev
Report a correction · Ask for more detail