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Courts Service · 2020-09-30 · courts

Court of Appeal rules one qualifying test can support a drug-driving blood sample requirement

court of appeal rules one qualifying test can support a drug-driving blood sample requirement in consultative case stated arising from district conviction appeal, the answered “yes” to whether any three tests listed road traffic legislation was sufficient. [2020] ieca 263 has ruled that garda may re

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Courts Service · 2020-09-30 · courts

Court of Appeal overturns order for bank’s premature discovery motion

court of appeal overturns order for bank’s premature discovery motion the held that aib needed leave to issue its enforcement-related while a three-month stay was in force. it struck out and set aside high order. [2020] ieca 261 has allowed michael denise king’s against an granting allied irish bank

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Courts Service · 2020-09-30 · courts

Court of Appeal bars second prosecution after tractor death

court of appeal bars second prosecution after tractor death the allowed an by george ross, finding no sufficient justification for prosecuting him under workplace safety legislation earlier road traffic act conviction arising from same fatal accident. [2020] ieca 264 has barred a ross over accident

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Courts Service · 2020-09-30 · courts

High Court suspends pharmacist pending disciplinary process

high court suspends pharmacist pending disciplinary process the found statutory public safety risk threshold met and ruled that a voluntary undertaking would not sufficiently mitigate risk. [2020] iehc 481 suspended registered from register further procedure on complaint, finding to health warranted

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Courts Service · 2020-09-29 · courts

Supreme Court dismisses Subway franchisee’s VAT appeal over hot food and drinks

supreme court dismisses subway franchisee’s vat appeal over hot food and drinks the upheld earlier decisions that bookfinders’ heated sandwiches tea coffee fell within 13.5% rate, found no basis to apply fiscal neutrality. s:ap:ie:2019:000131 has dismissed an by bookfinders ltd., a franchisee based

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Courts Service · 2020-09-29 · courts

High Court refuses to stop receiver selling Dublin quays development site

high court refuses to stop receiver selling dublin quays development site the found a fair issue remained for trial over effect of settlement agreement, but ruled that balance justice did not justify an interlocutory injunction. [2020] iehc 533 court, commercial has refused continue injunction preve

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Courts Service · 2020-09-29 · courts

Court of Appeal allows AIB appeal over priority to proceeds from Waterford land sale

court of appeal allows aib over priority to proceeds from waterford land sale the found that a registered charge had adm mersey’s later judgment mortgage on most land, and set out proposed directions for costs distribution. [2020] ieca 260 has allowed an by allied irish banks plc (aib) claims court-

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Courts Service · 2020-09-29 · courts

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

high court refuses hse bid to set aside renewal of medical negligence summons the found that waiting for expert reports was a special circumstance justifying renewal, despite plaintiff’s solicitors giving no advance notice proceedings. [2020] iehc 483 {'name': 'high court', 'jurisdiction': 'ireland'

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Courts Service · 2020-09-29 · courts

High Court orders live blocking of servers streaming UEFA matches

high court orders live blocking of servers streaming uefa matches the granted uefa’s application for an injunction requiring five internet service providers to block specified server ip addresses during 2020/2021 football season. court, commercial has access used stream without permission. order app

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Courts Service · 2020-09-28 · courts

Court of Appeal orders immediate costs payment to O’Brien defendants

court of appeal orders immediate costs payment to o’brien defendants the refused stay awarded after successfully defended appeal, while banks’ claim remains for a high plenary hearing. [2020] ieca 259 has ordered that kevin and gillian defending an can be enforced without waiting underlying decided

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Courts Service · 2020-09-28 · courts

Court of Appeal refuses DPP bid to increase suspended sentence for violent attack

court of appeal refuses dpp bid to increase suspended sentence for violent attack the said a custodial would normally follow an assault this severity, but declined intervene given offender’s substantial rehabilitation and sentencing judge’s discretion. has refused director public prosecutions’ appli

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Courts Service · 2020-09-28 · courts

Court of Appeal replaces fully suspended sentence with prison term for assault involving a knife

court of appeal replaces fully suspended sentence with prison term for assault involving a knife the found that original assault, false imprisonment and producing was unduly lenient. it imposed two half years’ imprisonment, suspending final year. 243/2019 has replaced on stephen connor year, after f

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Courts Service · 2020-09-28 · courts

Supreme Court upholds refusal to surrender man to Romania over trial in absentia

supreme court upholds refusal to surrender man romania over trial in absentia the said there was no unequivocal proof that marius bogdan zarnescu knew rescheduled appeal date, despite a summons reaching his father’s address romania. [2020] iesc 63 of ireland has upheld high decision refusing under e

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Courts Service · 2020-09-25 · courts

Supreme Court orders limited discovery in translation contract challenge

supreme court orders limited discovery in translation contract challenge the directed disclosure of parts evaluation report, with redactions to protect sensitive information, and left some further questions judge hearing case. ireland has material a government for services an garda síochána. did not

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Courts Service · 2020-09-25 · courts

High Court dismisses judicial reviews of international protection appeal decisions

high court dismisses judicial reviews of international protection appeal decisions the upheld tribunal’s credibility assessments in two related cases and dismissed applicants’ challenges to its decisions. [2020] iehc 450 has review applications brought by anonymised husband-and-wife applicants again

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Courts Service · 2020-09-25 · courts

Supreme Court sends UCC loan records dispute back to Information Commissioner

supreme court sends ucc loan records dispute back to information commissioner the allowed commissioner’s appeal over access four concerning university college cork’s €100 million european investment bank loan, and remitted matter for a further decision. has in agreement with (eib). it decision light

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Courts Service · 2020-09-25 · courts

Supreme Court sends FOI dispute over State broadband contracts back for review

supreme court sends foi dispute over state broadband contracts back for review the ruled that refusals to release commercially sensitive records must be justified, but rejected commissioner’s high bar withholding them and ordered a fresh review. of ireland has sent information commissioner access co

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Courts Service · 2020-09-25 · courts

Court of Appeal increases sentence in prolonged domestic assault case

court of appeal increases sentence in prolonged domestic assault case the found original sentences for causing harm and producing a knife unduly lenient, quashed them imposed net custodial term two years four months, with credit time already served. has increased on sidney sutton after finding that

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Courts Service · 2020-09-25 · courts

Court of Appeal rejects challenge to harassment sentence and debt-collection restriction

court of appeal rejects challenge to harassment sentence and debt-collection restriction the upheld a two-and-a-half-year sentence, with final year suspended, seven-year condition barring kevin molloy from services during that period. has dismissed molloy’s against for two offences, leaving in place

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Courts Service · 2020-09-24 · courts

Limerick court dismisses careless-driving complaint over expired six-month limit

limerick court dismisses careless-driving complaint over expired six-month limit the district found summons application was made one day after statutory deadline. judge said retained jurisdiction, but established time-limit breach an absolute defence. area of limerick, no. 13 in dismissed a against

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Courts Service · 2020-09-24 · courts

Court of Appeal upholds €260,111 award in medical negligence case

court of appeal upholds €260,111 award in medical negligence case the dismissed both patient’s over damages and hospital respondents’ cross-appeal seeking dismissal her claim under section 26. [2020] ieca 253 has sides’ appeals a case, leaving place high €260,111.25 to woman whose ureter was neglige

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Courts Service · 2020-09-24 · courts

Trim Circuit Court refuses Farrells’ request to restart insolvency process early

trim circuit court refuses farrells’ request to restart insolvency process early the refused an application waive 12-month wait for a new protective certificate, finding james farrell’s financial position was sufficiently connected his previous process. court, eastern circuit, county of kildare; jud

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Courts Service · 2020-09-24 · courts

High Court dismisses most discovery sought by financial adviser in €2m fee dispute

high court dismisses most discovery sought by financial adviser in €2m fee dispute the ordered defendants on central issues claim, while limiting plaintiff’s request and leaving underlying contract for trial. [2020] iehc 455 dismissed of deerfield commercial services’ application its with ronan jack

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Courts Service · 2020-09-24 · courts

High Court quashes refusal of calculated grades to home-educated student

high court quashes refusal of calculated grades to home-educated student the ruled that was unfairly excluded from 2020 leaving certificate process because her tutors were not registered teachers. it quashed and said consequential orders remained be addressed. [2020] iehc 479 has department educatio

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Courts Service · 2020-09-24 · courts

Court of Appeal removes Clare County Council’s 50% costs order in housing case

court of appeal removes clare county council’s 50% costs order in housing case the ordered no for high proceedings, but awarded council a failed amendment motion. its provisional view was that should also receive costs. [2020] ieca 252 set aside requiring to pay half judicial review over accommodati

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Courts Service · 2020-09-24 · courts

High Court confirms limited contact between mother and teenage daughter

high court confirms limited contact between mother and teenage daughter the affirmed most of a circuit order set out tightly texts gifts, subject to giving undertakings. it said further addiction treatment was for her choose. [2020] iehc 480 has governing mother’s with younger daughter, now teenager

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Courts Service · 2020-09-24 · courts

Court of Appeal dismisses Clare housing authority’s costs appeal

court of appeal dismisses clare housing authority’s costs the upheld finding that a needs assessment made shortly before judicial review hearing had rendered case moot, and removed limits on family’s award. [2020] ieca 251 dismissed county council’s over in brought by john caroline sherlock their ni

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Courts Service · 2020-09-23 · courts

High Court judge declines to recuse himself from Greater Dublin Drainage judicial review

high court judge declines to recuse himself from greater dublin drainage judicial review mr justice allen rejected an application based on his earlier work for irish water, finding no real doubt that he could hear the case impartially. separate judgment addressed recusal only; underlying challenge p

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Courts Service · 2020-09-23 · courts

Supreme Court dismisses Minister’s appeals over deportation decisions involving two married couples

supreme court dismisses minister’s appeals over deportation decisions involving two married couples the agreed that failed to assess constitutional protections separately from european convention on human rights, but judges differed reasoning. of ireland dismissed by minister for justice and equalit

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Courts Service · 2020-09-22 · courts

Court of Appeal dismisses challenge to nursing home placement under enduring power of attorney

court of appeal dismisses challenge to nursing home placement under enduring power attorney the set out a demanding test for reviewing personal care decisions by attorneys, then found no basis overturn high court’s decision in this case. [2020] ieca 250 has dismissed daughter’s against that her 92-y

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Courts Service · 2020-09-22 · courts

High Court dismisses part of Grovit defamation claim, orders limitation hearing on website statement

high court dismisses part of grovit defamation claim, orders limitation hearing on website statement the ruled it had no jurisdiction over a claim for declaration that money was owed and struck out claims newspaper notice. left preliminary limitation. [2020] iehc 501 ireland has dismissed parts acti

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Courts Service · 2020-09-22 · courts

Court of Appeal dismisses challenge to 13-year sentence for rapes of child

court of appeal dismisses challenge to 13-year sentence for rapes child the found no error in sentencing judge’s consideration guilty plea and personal circumstances, said was not excessive. has dismissed a man’s against severity prison imposed nine his daughter, committed when she aged between 14.

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Courts Service · 2020-09-22 · courts

High Court dismisses challenge to deportation orders after finding applicants acquiesced

high court dismisses challenge to deportation orders after finding applicants acquiesced the said knew of alleged oath issue before protection appeal decision but waited see its outcome. it also case was out time, while making no formal on a separate practice-direction objection. [2020] iehc 451 has

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Courts Service · 2020-09-21 · courts

Court of Appeal cuts sexual assault sentence after finding offender’s youth was overlooked

court of appeal cuts sexual assault sentence after finding offender’s youth was overlooked the quashed a five-year sentencing judge had not considered appellant’s age at time offences. it imposed four-year term, with final year suspended on conditions. m.w. for six assaults his substituted sentence,

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Courts Service · 2020-09-18 · courts

High Court rules District Court could not strike out tax offence charges

high court rules district could not strike out tax offence charges the held that judge lacked jurisdiction to after a guilty plea, and said statutory penalty scheme did permit restorative justice in this case. [2020] iehc 476 has ruled had no five mary fitzgerald indicated she would plead guilty, wh

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Courts Service · 2020-09-18 · courts

High Court finds objective bias in District Court sentencing proceedings

high court finds objective bias in district sentencing proceedings the remitted shane jackson’s case for sentence before a different judge after finding that handling of july 2019 hearing gave rise to bias. [2020] iehc 475 court; judicial review found jackson and ordered his return judge. it did not

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Courts Service · 2020-09-18 · courts

Court of Appeal dismisses challenge to Oberstown separation measures

court of appeal dismisses challenge to oberstown separation measures the found six-day imposed on an anonymised child detainee were welfare-oriented and proportionate, did not amount punishment. [2020] ieca 249 has dismissed detainee’s over at children detention centre in september 2018, finding the

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Courts Service · 2020-09-18 · courts

High Court lets prosecution proceed despite finding blameworthy delay

high court lets prosecution proceed despite finding blameworthy delay the found that more than two years passed before a man was charged over alleged offences committed when he 16. it dismissed his judicial review application, concluding public interest in outweighed loss of child reporting protecti

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Courts Service · 2020-09-18 · courts

High Court strikes out landlord’s claim against two lease guarantors after seven-year delay

high court strikes out landlord’s claim against two lease guarantors after seven-year delay the found in pursuing was inordinate and inexcusable, that had shown moderate prejudice. ruling concerned action second third defendants only. [2020] iehc 468 struck manhattan design furniture limited’s of a

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Courts Service · 2020-09-18 · courts

High Court lets former INM figures use inspector application papers in privacy claims

high court lets former inm figures use inspector application papers in privacy claims the allowed several individuals to affidavits and exhibits from public inspectors proceedings against independent news media and/or leslie buckley, subject existing redactions. four were also granted access materia

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Courts Service · 2020-09-18 · courts

High Court refuses request for further particulars in Steadfast trade mark dispute

high court refuses request for further particulars in steadfast trade mark dispute the ruled that requested details were not needed to outline defence at trial and one potential passing off claim was outside proceedings. [2020] iehc 467 court, chancery has refused an application by capital managemen

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Courts Service · 2020-09-18 · courts

High Court refuses planning board’s bid to appeal gate ruling

high court refuses planning board’s bid to appeal gate ruling the said board had not shown an uncertain point of law exceptional public importance and refused both proposed questions. [2020] iehc 473 has bord pleanála’s application for a certificate that quashed its decision on erected land owned by

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Courts Service · 2020-09-18 · courts

High Court rules café’s licensed outdoor seating must be included in valuation

high court rules café’s licensed outdoor seating must be included in valuation the answered a question of law arising from tribunal decision, finding was wrong to exclude street furniture rights. further orders, including costs, were left for written submissions. [2020] iehc 474 has ruled that area

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Courts Service · 2020-09-17 · courts

Court refuses late appeal application by Jason Power over drug sentence

court refuses late appeal application by jason power over drug sentence the of said had not provided a legal or factual basis for proposed explained how extending deadline would serve interests justice. has refused power’s to extend time appealing severity six-year prison offences. in an ex tempore

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Courts Service · 2020-09-17 · courts

High Court refuses challenge to pending licensing prosecution as out of time

high court refuses challenge to pending licensing prosecution as out of time the declined extend deadline for judicial review and said applicant’s arguments were matters trial judge. it did not rule on their substance. [2020] iehc 469 has refused an application by arthur connell nugent stop a distri

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Courts Service · 2020-09-17 · courts

Court of Appeal dismisses appeal against seven-year sentence for heroin importation

court of appeal dismisses against seven-year sentence for heroin importation the found no sentencing error after reviewing guilty plea, personal circumstances and seriousness offence. has dismissed an by samina sajjad a prison importing 13.69 kilograms diamorphine, finding that judge made principle.

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Courts Service · 2020-09-17 · courts

High Court refuses interim relief over Beacon Hospital theatre suspension

high court refuses interim relief over beacon hospital theatre suspension the found a serious question to be tried but said ophthalmologist had not shown strong, clear case likely succeed at trial. [2020] iehc 456 refused an ophthalmologist’s application have his privileges restored while legal acti

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Courts Service · 2020-09-15 · courts

High Court rules legal aid scheme excludes companies

high court rules legal aid scheme excludes companies the rejected an environmental group’s challenge to board’s refusal consider its application, finding 1995 act covers natural persons only. [2020] iehc 454 has ruled that civil does not allow apply for or advice. it dismissed a by friends of irish

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Courts Service · 2020-09-15 · courts

Court of Appeal dismisses appeal against two-year theft sentence

court of appeal dismisses against two-year theft sentence the upheld a consecutive for from 74-year-old man, concluding that it was proportionate when considered alongside sentences four later thefts. has dismissed denis o’brien’s prison stealing €100 man’s wallet, upholding decision to make term im

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Courts Service · 2020-09-15 · courts

High Court dismisses challenge to order appointing receiver over grant payments

high court dismisses challenge to order appointing receiver over grant payments the refused leave for judicial review and dismissed robert bradshaw’s proceedings, finding underlying application had proceeded uncontested that alternative remedies not been pursued. [2020] iehc 471 has proceedings chal

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Courts Service · 2020-09-14 · courts

High Court refuses bid to refer Shannon LNG listing challenge to EU court

high court refuses bid to refer shannon lng listing challenge eu the said it could not validity of project list without an underlying national decision or measure review. other grounds in judicial review remain be heard. [2020] iehc 383 has refused friends irish environment clg’s request justice a i

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Courts Service · 2020-09-14 · courts

Court of Appeal cuts sentence for father convicted of indecently assaulting daughter

court of appeal cuts sentence for father convicted indecently assaulting daughter the reduced total from nine years to eight, with final year suspended, after finding it somewhat disproportionate under totality principle. an eight-year custodial imposed on a. m. five indecent assaults his daughter,

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Courts Service · 2020-09-14 · courts

Meath County Council awarded €6.26m fine to fund waste-site remediation

meath county council awarded €6.26m fine to fund waste-site remediation the high court ordered respondents pay a coercive charged on their assets after finding them in contempt for failing comply with 2016 order address waste lands. [2020] iehc 449 case €6.26 million of contaminated land. is assets,

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Courts Service · 2020-09-14 · courts

Court of Appeal dismisses challenge to three-year cocaine possession sentence

court of appeal dismisses challenge to three-year cocaine possession sentence the found no sentencing error in five-year headline and reduction three years for a guilty plea other mitigation. appeal; judgment concerns imposed at cork circuit criminal has dismissed jason hayes’s against prison posses

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Courts Service · 2020-09-11 · courts

High Court excludes protective-certificate period from possession-order limitation calculation

high court excludes protective-certificate period from possession-order limitation calculation the declared that a when defendants’ protective certificate was in force should not count toward period. it did grant fresh leave to execute or decide whether applies an application for leave. [2020] iehc

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Courts Service · 2020-09-11 · courts

High Court dismisses journalist’s challenge to Garda phone search

high court dismisses journalist’s challenge to garda phone search the allowed a limited examination of emmett corcoran’s in an investigation into alleged serious offences, while leaving broader questions about safeguards for journalists unresolved. [2020] iehc 382 dismissed seizure his mobile phone,

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Courts Service · 2020-09-11 · courts

High Court rules will survived man’s marriage to fiancée

high court rules will survived man’s marriage to fiancée the found that a 2019 was made in contemplation of and ordered it be admitted probate. [2020] iehc 447 ruled john mcpartlan’s his carol graham not revoked when they married august 2019. mr justice allen dispute arose on executors’ application

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Courts Service · 2020-09-11 · courts

High Court refuses bid to lift Garda superintendent’s suspension

high court refuses bid to lift garda superintendent’s suspension mr justice allen refused an interlocutory motion seeking the return duty of a superintendent suspended on pay while criminal and disciplinary investigations continued. also requests for discovery injunction against publication. [2020]

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Courts Service · 2020-09-11 · courts

High Court sanctions Nordic Aviation Capital debt restructuring

high court sanctions nordic aviation capital debt restructuring the approved a creditor scheme designed to defer payments and waive enforcement action for year as aircraft lessor faced severe disruption from pandemic. court, commercial sanctioned designated activity company’s amended of arrangement

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Courts Service · 2020-09-10 · courts

High Court rejects limitation bid in National Aquatic Centre injury claim

high court rejects limitation bid in national aquatic centre injury claim the held that 2019 proceedings were not statute barred because piab’s april authorisation extended period. underlying remains unresolved. [2020] iehc 669 has dismissed an application by sport ireland and (operations) dac to ha

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Courts Service · 2020-09-10 · courts

Commissioner of Valuation joined in nursing homes judicial review

commissioner of valuation joined in nursing homes judicial review the high court ruled that would be directly affected by challenge to a tribunal decision and ordered he added as notice party. [2020] iehc 670 has party brought eight home operators against tribunal. ruling addresses who may participa

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Courts Service · 2020-09-09 · courts

High Court refuses leave for O’Connell’s judicial review over costs taxation

high court refuses leave for o’connell’s judicial review over costs taxation the said batu, a party with direct interest in dispute, had not been joined to proposed proceedings. it refused seek review. [2020] iehc 437 has john o’connell of taxing master’s decision recuse himself from earlier proceed

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Courts Service · 2020-09-09 · courts

High Court awards full costs after €300,000 defamation verdict

high court awards full costs after €300,000 defamation verdict the ordered irish racehorse trainers association to pay plaintiff’s of action, but made no order on from an earlier aborted trial. [2020] iehc 446 has awarded chris gordon his action against a jury him in damages. trial that was abandone

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Courts Service · 2020-09-07 · courts

High Court strikes off solicitor over dishonest property contracts

high court strikes off solicitor over dishonest property contracts the upheld misconduct findings used to secure development funding, but set aside separate concerning an undertaking a credit union. [2020] iehc 381 has ordered daniel coleman be struck roll of solicitors, finding that he dishonestly

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Courts Service · 2020-09-07 · courts

High Court dismisses challenge to agency’s child abuse fact-finding jurisdiction

high court dismisses challenge to agency’s child abuse fact-finding jurisdiction the held that and family agency could determine whether an complaint was founded or unfounded, while leaving questions about safeguards for future cases. [2020] iehc 452 dismissed c.d.’s judicial review authority decide

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Courts Service · 2020-09-03 · courts

High Court refuses challenge to Kildare tender exclusion

high court refuses challenge to kildare tender exclusion the found no manifest error in county council’s decision exclude robert owens from a building-maintenance framework competition after he did not provide requested quality and pricing documents. [2020] iehc 435 has refused owens’s application o

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Courts Service · 2020-09-02 · courts

High Court refuses Minister’s request to appeal deportation ruling

high court refuses minister’s request to appeal deportation ruling the found that proposed points misread its earlier judgment and did not meet statutory test for a certificate. [2020] iehc 436 has refused minister justice equality certificate needed an concerning of mh her minor daughter, sh. appli

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Courts Service · 2020-09-02 · courts

High Court refuses Minister’s bid to appeal deportation ruling

high court refuses minister’s bid to appeal deportation ruling the said proposed points misread its earlier judgment and did not meet legal test for a certificate. [2020] iehc 431 has refused minister justice equality permission concerning of pakistani woman her daughter. held that had shown point l

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Courts Service · 2020-09-02 · courts

High Court certifies miscarriage of justice after murder conviction was overturned

high court certifies miscarriage of justice after murder conviction was overturned a jury acquitted yusuf ali abdi at 2019 retrial, finding him not guilty by reason insanity. the ruled that later medical evidence showed fundamental element his 2003 wrong and ordered certificate under criminal proced

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