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Courts Service · 2020-10-30 · courts

High Court strikes out liquidator’s claim over company assets after delay

high court strikes out liquidator’s claim over company assets after delay the found in bringing proceedings against former directors was inordinate and inexcusable, that balance of justice required application to be struck out. [2020] iehc 603 has a seeking recover money from two terence mccarthy bu

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Courts Service · 2020-10-30 · courts

High Court sets aside renewal of woman’s medical negligence summons

high court sets aside renewal of woman’s medical negligence summons the ruled that a 2019 was beyond court’s authority because had already been renewed once. it said plaintiff also not established special circumstances for another renewal. [2020] iehc 551 has set an order renewing personal injury ag

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Courts Service · 2020-10-30 · courts

High Court finds injured passenger knew driver was uninsured before crash

high court finds injured passenger knew driver was uninsured before crash the preliminary issue concerned whether motor insurers’ bureau of ireland could rely on a exclusion in 2009 agreement. found for bureau; form orders remained to be discussed. [2020] iehc 555 has that 2017 journey had no insura

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Courts Service · 2020-10-30 · courts

High Court stays Vodafone’s indemnity case pending Wilson proceedings

high court stays vodafone’s indemnity case pending wilson proceedings the paused further steps in claim against rigney dolphin until is determined, while ordering to deliver a defence within three weeks. [2020] iehc 556 has stayed vodafone ireland limited’s limited determination of separate brought

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Courts Service · 2020-10-30 · courts

High Court orders DPC to pay Schrems’ costs after EU data transfer reference

high court orders dpc to pay schrems’ costs after eu data transfer reference the awarded maximillian schrems of proceedings and cjeu against protection commissioner, while making no general order between facebook ireland. [2020] iehc 537 court, commercial has ordered commissioner (dpc) over transfer

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Courts Service · 2020-10-30 · courts

High Court sets aside renewal of summons in nursing home death claim

high court sets aside renewal of summons in nursing home death claim the found plaintiff had not shown special circumstances to extend time apply renew summons. it did decide whether there was good reason or determine underlying negligence claims. [2020] iehc 465 has set an order renewing a against

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Courts Service · 2020-10-30 · courts

High Court refuses Latvia surrender over unanswered notice of hearing

high court refuses latvia surrender over unanswered notice of hearing the found it was not established that respondent knew date latvian procedure, so precluded under section 45. [2020] iehc 569 refused an order to jevgenijs jurčenoks latvia, finding state seeking had he relevant procedure or waived

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Courts Service · 2020-10-30 · courts

High Court strikes out land dispute over alleged purchase option

high court strikes out land dispute over alleged purchase option the found no concluded contract to support specific performance, struck proceedings and directed that lis pendens be removed. [2020] iehc 604 has brought by daniel mcateer aine an buy land, finding documents pleadings did not establish

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Courts Service · 2020-10-30 · courts

Court of Appeal increases sentence for drink driver who seriously injured two cyclists

court of appeal increases sentence for drink driver who seriously injured two cyclists the found original four-year headline unduly lenient, quashed it and resentenced appellant. imposed a €20,000 fine but suspended unserved custodial balance, so he would not have to return prison. [2020] ieca 294 h

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Courts Service · 2020-10-30 · courts

High Court orders mirror custody and access arrangements for Irish child resident in Singapore

high court orders mirror custody and access arrangements for irish child resident in singapore on consent, the made limited to support enforcement ireland of previously agreed by parents. precise wording was left them settle, with a 21-day deadline return registrar. [2020] iehc 541 has ordered an ha

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Courts Service · 2020-10-29 · courts

Court of Appeal dismisses medical negligence appeal over delayed tongue treatment

court of appeal dismisses medical negligence over delayed tongue treatment the upheld high court’s finding that frances kelly had not made a prima facie case without expert evidence. it no order for costs and vacated award. [2020] ieca 293 has dismissed kelly’s against dismissal her claim, she prese

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Courts Service · 2020-10-29 · courts

Court of Appeal upholds reporting restriction in child homicide case

court of appeal upholds reporting restriction in child homicide case the dismissed a media appeal, ruling that section 252 children act 2001 applied to proceedings concerning an offence against who had since died. [2020] ieca 292 has by four organisations prevented identification victim and, practic

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Courts Service · 2020-10-29 · courts

High Court awards employee €189,409.50 for injuries from falling steel girder

high court awards employee €189,409.50 for injuries from falling steel girder the assessed damages after liability was admitted, including compensation lasting pain, scarring and reduced future earning capacity. consequential orders, costs, remained open submissions. [2020] iehc 676 at an injured wh

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Courts Service · 2020-10-29 · courts

High Court refuses challenge to protection refusal by Pakistani mother and daughter

high court refuses challenge to protection refusal by pakistani mother and daughter the found tribunal was entitled reject parts of applicants’ account had no duty assess a return scenario they not advanced. [2020] iehc 545 has refused daughter’s application quash decision refusing them internationa

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Courts Service · 2020-10-29 · courts

High Court orders security for discovery costs in tied agency dispute

high court orders security for discovery costs in tied agency dispute the ruled on two disputed categories and decided principle that betty martin financial services must provide security. amount form of order remain to be determined. [2020] iehc 543 court, commercial has ordered limited its with eb

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Courts Service · 2020-10-28 · courts

High Court refuses injunction restoring Mullingar restaurant tenant to premises

high court refuses injunction restoring mullingar restaurant tenant to premises the found that had not shown a strong arguable case for challenging forfeiture of his lease or obtaining relief against it. underlying claims remain trial. [2020] iehc 536 court, chancery has refused an application by mu

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Courts Service · 2020-10-28 · courts

Appeal court sends AIB claim against Sean Cuddy to plenary hearing on limited ground

appeal court sends aib claim against sean cuddy to plenary hearing on limited ground the of set deadlines for pleadings and made costs both stages in cause. [2020] ieca 291 has directed allied irish bank plc’s proceed a hearing, with cuddy’s defence “limited recourse ground”. also parties exchange o

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Courts Service · 2020-10-27 · courts

Appeal court backdates sentences for six robberies, moving release date forward

appeal court backdates sentences for six robberies, moving release date forward the of quashed and reimposed sentences, changing backdating to july 20, 2017. it left 18-month suspension other sentence terms in place. has imposed on david fagan robberies related offences, from which run said change w

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Courts Service · 2020-10-23 · courts

High Court refuses Klaw restaurant’s bid to remain in Temple Bar premises

high court refuses klaw restaurant’s bid to remain in temple bar premises the found a fair question for trial over disputed 2018 lease, but refused an interlocutory injunction after weighing unpaid rent, proposed payments and evidence of potential harm. [2020] iehc 527 has oysters shuckers limited’s

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Courts Service · 2020-10-23 · courts

High Court finds father in contempt over denied access, but rules out imprisonment

high court finds father in contempt over denied access, but rules out imprisonment the found wilful disobedience of access orders before 8 may 2020, said would harm child’s welfare. it awarded mother her costs committal motion. [2020] iehc 700 court, family law beyond reasonable doubt that a wilfull

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Courts Service · 2020-10-22 · courts

Court of Appeal dismisses tenant’s appeal over receiver’s claim to mortgaged home

court of appeal dismisses tenant’s over receiver’s claim to mortgaged home in an interlocutory injunction appeal, the found receiver had a strong case for possession despite purported letting made without mortgagee’s written consent. it did not decide tenancy’s ultimate validity. [2020] ieca 288 has

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Courts Service · 2020-10-22 · courts

High Court grants leave in principle but refuses stay in wind farm planning challenge

high court grants leave in principle but refuses stay wind farm planning challenge the allowed a to westmeath county council’s acceptance of grid-connection application proceed, subject an amended statement grounds, let process continue. [2020] iehc 505 granted for judicial review challenging as val

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Courts Service · 2020-10-22 · courts

Court of Appeal dismisses most of barrister’s challenge but sets aside blanket filing restriction

court of appeal dismisses most barrister’s challenge but sets aside blanket filing restriction the upheld dismissal eugenie houston’s claim and refusal to add six solicitors as defendants. it ruled that a on bringing further high proceedings was made without giving her an opportunity be heard. [2020

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Courts Service · 2020-10-22 · courts

High Court dismisses Filipino couple’s challenge to deportation orders

high court dismisses filipino couple’s challenge to deportation orders the found minister had considered family ties in ireland and gave clear reasons for ordering their deportation. [2020] iehc 526 dismissed a married judicial review orders, finding that justice connections adequately explained dec

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Courts Service · 2020-10-22 · courts

High Court refuses challenge to permission for 512-apartment Howth development

high court refuses challenge to permission for 512-apartment howth development the found no legal error in an bord pleanála’s decision grant permission, including its treatment of planning rules, flood risk and development’s status as a strategic housing development. [2020] iehc 529 has refused chri

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Courts Service · 2020-10-22 · courts

Court of Appeal dismisses tenant’s challenge to receiver’s injunction

court of appeal dismisses tenant’s challenge to receiver’s injunction the concerned an interim order over a dublin dwelling. held receiver had strong case that no landlord-tenant relationship existed between him and notice party, but did not determine substantive proceedings. [2020] ieca 288 has dis

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Courts Service · 2020-10-21 · courts

Court of Appeal awards cruise companies costs after dismissing passenger’s appeal

court of appeal awards cruise companies costs after dismissing passenger’s the declined to split costs, finding no basis depart from usual rule that successful parties receive their costs. [2020] ieca 287 has ordered siobhan kellett pay rcl cruises limited and panther associates her personal injurie

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Courts Service · 2020-10-21 · courts

High Court refuses summary judgment in €200,000 investment dispute

high court refuses summary judgment in €200,000 investment dispute the found an arguable defence to claim against one defendant, dismissed action other and sent remaining a plenary hearing. [2020] iehc 530 has refused roc visiontech ltd’s application for its seeking from dermot mooney deirdre over f

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Courts Service · 2020-10-21 · courts

High Court dismisses girl’s claim over arm injury on Cork council boulders

high court dismisses girl’s claim over arm injury on cork council boulders the accepted child’s account of how she was injured but held that law did not require to remove boulders. [2020] iehc 547 dismissed a personal against city after broke her jumping between public open space in cork. judge acci

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Courts Service · 2020-10-21 · courts

High Court rules receiver appointments valid, leaving remaining orders for later

high court rules receiver appointments valid, leaving remaining orders for later the held that instruments labelled deeds were effective as written appointments. it has not yet made final sought in proceedings. [2020] iehc 534 ruled documents dated 24 october 2017 to appoint ken fennell over propert

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Courts Service · 2020-10-21 · courts

High Court leaves interim barring order in place after rejecting appeal

high court leaves interim barring order in place after rejecting appeal the upheld circuit order, finding sufficient evidence of an immediate risk significant harm and no legal or formal flaw order. [2020] iehc 525 has rejected a man’s against that required him to leave family home restricted his re

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Courts Service · 2020-10-21 · courts

High Court refuses stay of children’s relocation pending appeal

high court refuses stay of children’s relocation pending appeal the let an interim move from place x to y continue until a circuit review, citing short time remaining and disruption moving children between schools again. [2020] iehc 524 has refused q’s against court’s refusal pause order allowing p

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Courts Service · 2020-10-21 · courts

Supreme Court allows ESB cross-appeal to proceed, with contributory negligence issue open

supreme court allows esb cross-appeal to proceed, with contributory negligence issue open at a case management hearing, the declined delay esb’s and said it could argue for higher share of ucc’s negligence. left separate legal argument appeal hearing. has ruled that an electricity supply board (esb)

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Courts Service · 2020-10-20 · courts

High Court orders surrender to Poland after dismissing objections

high court orders surrender to poland after dismissing objections the rejected based on delay and family life ordered under a european arrest warrant. judgment does not record that has taken place. [2020] iehc 532 of dariusz zegarek warrant, his private life. mr justice paul burns delivered 20 octob

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Courts Service · 2020-10-20 · courts

High Court refuses challenge to rejection of Albanian protection claim

high court refuses challenge to rejection of albanian protection claim the found no material legal error in appeals tribunal’s assessment a claimed blood feud, and refused quash its decision. [2020] iehc 522 has an man’s application his for refugee status subsidiary protection, finding international

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Courts Service · 2020-10-20 · courts

High Court judge refuses recusal request in mortgage protection appeal

high court judge refuses recusal request in mortgage protection appeal the self-represented appellant argued that a judgment had delivered earlier proceedings could affect his impartiality. refused application; statutory itself was not decided. [2020] iehc 558 has to step aside from concerning polic

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Courts Service · 2020-10-20 · courts

Supreme Court awards Kilty costs of appeal against judge

supreme court awards kilty costs of appeal against judge the held that judicial quasi-immunity did not govern proceedings, where had participated as a litigant to protect his own interests. [2020] iesc ებით? ireland has allowed brendan kilty’s over case and awarded him those cormac dunne. rules prot

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Courts Service · 2020-10-20 · courts

High Court orders surrender to Poland under European arrest warrant

high court orders surrender to poland under european arrest warrant the dismissed objections surrender, finding warrant’s trial-attendance information had been clarified and respondent’s family circumstances did not meet threshold for refusal. [2020] iehc 531 has ordered of a man seeking enforcement

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Courts Service · 2020-10-20 · courts

High Court rules Monsoon CVA changes to Irish leases unenforceable on public policy grounds

high court rules monsoon cva changes to irish leases unenforceable on public policy grounds the found that landlords were not given a fair opportunity make representations before creditors approved in dublin and cork. it also ruled cork landlord’s claims against monsoon’s guarantor remained unaffect

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Courts Service · 2020-10-20 · courts

High Court dismisses challenge to man’s detention after arrest and court delays

high court dismisses challenge to man’s detention after arrest and delays the found man was lawfully detained he charged taken a family law hearing before his criminal appearance delayed by covid screening issue. [2020] iehc 512 {'name': 'high court', 'division_or_location': none} dismissed an artic

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Courts Service · 2020-10-19 · courts

Court of Appeal upholds rape conviction and adds five-year supervision order

court of appeal upholds rape conviction and adds five-year supervision order the dismissed but quashed seven-year sentence after finding an error in decision not to post-release supervision. it reimposed prison term with five years p. o’d.’s against his allowed sentence, original imposed same a orde

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Courts Service · 2020-10-19 · courts

Supreme Court dismisses appeal over two Mexican adoptions

supreme court dismisses appeal over two mexican adoptions the held that adoption authority could not refuse registration because children were born after 2010 law took effect. its answer was limited to case stated question and did finally decide whether rights under repealed survived. s:ap:ie:2019:0

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Courts Service · 2020-10-19 · courts

Court of Appeal quashes sentence after concern remission influenced sentencing

court of appeal quashes sentence after concern remission influenced sentencing the upheld rm’s convictions but found an error in process and resentenced him to 10 years six months, with post-release supervision on same terms. [2020] ieca 284 for rape, oral rape sexual assault quashed sentences impos

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Courts Service · 2020-10-19 · courts

Court of Appeal allows limited further medical-record discovery in injury case

court of appeal allows limited further medical-record discovery in injury case the ordered access to post-accident records from university hospital limerick and clinical dr brian mulcahy, subject material already disclosed. it refused other categories sought. [2020] ieca 282 allowed a defendant medi

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Courts Service · 2020-10-19 · courts

High Court refuses leave to continue lottery winner’s negligence claim against company in liquidation

high court refuses leave to continue lottery winner’s negligence claim against company in liquidation the declined permission proceed an post national company, ruling that nature of advice at centre proposed had already been determined earlier proceedings. application concerned only company. [2020]

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Courts Service · 2020-10-19 · courts

High Court quashes child abuse finding over flawed agency investigation

high court quashes child abuse finding over flawed agency investigation the set aside and family agency’s 2018 provisional finding, while leaving it discretion to decide whether investigate historical complaint again. [2020] iehc 464 has quashed a decision that of sexual was founded, ruling unlawful

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Courts Service · 2020-10-19 · courts

Court of Appeal dismisses challenge to sentence for decade of abuse of younger brother

court of appeal dismisses challenge to sentence for decade abuse younger brother the upheld a 13-year headline sentence, reduced 10 years with final two suspended on conditions, after finding sentencing judge had properly weighed seriousness and mitigation. has dismissed j.m.’s against severity sexu

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Courts Service · 2020-10-16 · courts

Court of Appeal dismisses two appeals over Carney bankruptcy

court of appeal dismisses two appeals over carney bankruptcy the upheld refusals to recuse judge and annul adjudication, awarded creditor costs subject a 14-day period for further submissions. [2020] ieca 281 has dismissed by dominic concerning his bankruptcy, affirming orders made high in october n

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Courts Service · 2020-10-15 · courts

High Court finds solicitor guilty of misconduct over 93 unpaid counsel fee notes

high court finds solicitor guilty of misconduct over 93 unpaid counsel fee notes the overturned a disciplinary tribunal’s decision on one allegation, finding failed to use best endeavours recover fees. it upheld findings two other allegations and deferred sanctions. [2020] iehc 520 found professiona

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Courts Service · 2020-10-15 · courts

High Court dismisses challenge to deportation order after sexual assault conviction

high court dismisses challenge to deportation order after sexual assault conviction the rejected arguments that minister failed properly weigh family life, children’s interests and other considerations. it dismissed case on its merits discharged any continuing interim injunction. [2020] iehc 500 a j

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Courts Service · 2020-10-15 · courts

High Court strikes out Lawrence Shields’ judicial review as moot

high court strikes out lawrence shields’ judicial review as moot the central bank reversed its refusal to exchange 63 damaged notes and transferred €4,950 shields. struck his challenge after finding original decision had been replaced, awarded costs of motion. [2020] iehc 518 has ireland’s euro note

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Courts Service · 2020-10-14 · courts

Court of Appeal extends suspended term for dangerous-driving sentence

court of appeal extends suspended term for dangerous-driving sentence the left six-year headline in place but increased portion from two years to and a half, with probation conditions three years’ supervision after release. varied adam whelan dangerous driving causing serious harm drink driving, inc

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Courts Service · 2020-10-14 · courts

Supreme Court finds citizenship revocation process unconstitutional over lack of independent decision-maker

supreme court finds citizenship revocation process unconstitutional over lack of independent decision-maker the allowed ali charaf damache’s appeal, finding safeguards in section 19 1956 act inadequate. it did not decide whether his should be revoked. ireland has ruled that irish nationality and for

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Courts Service · 2020-10-14 · courts

High Court refuses New Look Ireland examinership petition as premature

high court refuses new look ireland examinership petition as premature the found company was likely to be unable pay its debts in first half of 2021, but said it had not made serious efforts negotiate with landlords before seeking an examiner. [2020] iehc 514 refused a by retailers (ireland) ltd for

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Courts Service · 2020-10-13 · courts

High Court quashes deportation orders and refuses a stay

high court quashes deportation orders and refuses a stay the awarded costs to mother daughter after an earlier judgment found grounds quash their orders. it declined delay those while state sought pursue possible supreme appeal. [2020] iehc 513 quashed against her minor refused minister for justice

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Courts Service · 2020-10-13 · courts

High Court approves adoption placement without identifying the child’s father

high court approves adoption placement without identifying the child’s father approved authority’s application under section 18(6), accepting evidence that mother would not disclose father’s identity and no practical means existed to establish it. [2020] iehc 511 an by authority of ireland authorise

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Courts Service · 2020-10-13 · courts

Supreme Court allows Minister’s appeal over deportation order

supreme court allows minister’s appeal over deportation order the held that consent to make a subsequent protection application did not require minister revoke or facilitate applicant’s return ireland. allowed for justice and equality’s against high quashing refusal ivan seredych’s order. it him int

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Courts Service · 2020-10-13 · courts

Court of Appeal dismisses Elliott couple’s appeal over €388,000 shop finance

court of appeal dismisses elliott couple’s over €388,000 shop finance the upheld high court’s finding that their negligence claims against an accountant and solicitor were brought outside six-year limitation period. it also noted error in account loan security, but said did not affect conclusion. [2

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Courts Service · 2020-10-12 · courts

High Court refuses third French warrant seeking Ian Bailey’s surrender

high court refuses third french warrant seeking ian bailey’s surrender the held that irish law barred under section 44 and earlier rulings had given bailey an accrued right against surrender. it rejected his separate fundamental-rights objection. [2020] iehc 528 has refused a request to serve 25-yea

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Courts Service · 2020-10-12 · courts

High Court refuses insolvency application after finding no relevant debt

high court refuses insolvency application after finding no relevant debt the held that a debtor who had left secured family home before starting process could not meet statutory relevant-debt requirement for application. [2020] iehc 506 refused an to confirm proposed personal arrangement, establishe

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Courts Service · 2020-10-12 · courts

High Court grants State leave to appeal deportation injunction

high court grants state leave to appeal deportation injunction the certified points of exceptional public importance, extended time for application and made existing conditional on 14-day dna-test progress updates. [2020] iehc 485 granted an extension time, law importance gave it concerning first-na

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Courts Service · 2020-10-12 · courts

High Court refuses leave for judicial review over guilty plea

high court refuses leave for judicial review over guilty plea the found circuit had jurisdiction charges and said applicant could pursue his plea-change complaint through that an appeal. [2020] iehc 463 has refused application to seek by a man facing sentencing after pleading arising from armed robb

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Courts Service · 2020-10-12 · courts

High Court refuses to set aside service order in Guerin defamation case

high court refuses to set aside service order in guerin defamation case the upheld an deeming of summons effective, while varying how future documents must be served on gemma o’doherty. [2020] iehc 490 has refused o’doherty’s application a effective proceedings brought by james guerin. also varied,

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Courts Service · 2020-10-09 · courts

High Court orders Wesley Purse’s surrender to UK after dismissing objections

high court orders wesley purse’s surrender to uk after dismissing objections the ruled that european arrest warrant met statutory requirements, finding purse had absconded during his trial and was represented in absence. [2020] iehc 515 has ordered david united kingdom under a warrant, being surrend

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Courts Service · 2020-10-09 · courts

High Court refuses most Flogas injunctions but bars alleged copying of LPG contract

high court refuses most flogas injunctions but bars alleged copying of lpg contract the declined interim restrictions on customer solicitation and competition, restrained north west gas from infringing flogas’s standard industrial supply agreement pending trial. [2020] iehc 503 court, chancery refus

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Courts Service · 2020-10-09 · courts

Court of Appeal dismisses DPP challenge to four-year sentence for Cork stabbing

court of appeal dismisses dpp challenge to four-year sentence for cork stabbing the found no error in placing offence at lower end mid-range serious-harm assaults and upheld sentence, including its partly suspended term. has dismissed a by director public prosecutions prison imposed on ryan compton

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Courts Service · 2020-10-09 · courts

Court of Appeal cuts defamation award to €76,500 and makes no order on appeal costs

court of appeal cuts defamation award to €76,500 and makes no order on costs the reduced jury’s damages after a successful in part, while leaving respondent with high calculated lower award. [2020] ieca 277 awarded padraig higgins his case against irish aviation authority from €387,000 made as appea

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Courts Service · 2020-10-09 · courts

Court of Appeal awards State 77.5% of costs after reducing order over delay claim

court of appeal awards state 77.5% costs after reducing order over delay claim the said it was reasonable to pursue appeal’s issue, whose legal limits were still developing, but ordered for respondents on other claims. [2020] ieca 276 has michael o’callaghan pay their dismissing his appeal, award ac

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Courts Service · 2020-10-09 · courts

High Court leaves young child’s access arrangements unchanged

high court leaves young child’s access arrangements unchanged the dismissed a father’s appeal for increased access, finding existing arrangement should continue while child was thriving and no expert evidence addressed proposed changes. [2020] iehc 502 has affirmed circuit order governing to his fat

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Courts Service · 2020-10-09 · courts

High Court strikes out planning challenge and rules out EU court reference

high court strikes out planning challenge and rules eu reference the said it lacked jurisdiction to continue once all parties agreed end proceedings, made no order as costs. [2020] iehc 462 has struck a judicial review permission after applicants other proceedings. also ruled that would not refer qu

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Courts Service · 2020-10-08 · courts

High Court orders surrender to Latvia over four alleged fraud offences

high court orders surrender to latvia over four alleged fraud offences the rejected respondent’s objection authority that issued latvia’s european arrest warrant and ordered his under act. [2020] iehc 517 has of helmut laipnieks latvia, where he is sought for prosecution on offences. mr justice paul

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Courts Service · 2020-10-07 · courts

High Court orders Dariusz Florczak’s surrender to Poland for trial

high court orders dariusz florczak’s surrender to poland for trial the dismissed objections based on alleged risks a fair trial, delay and family life, then ordered under european arrest warrant act. [2020] iehc ext has face allegations of swindling organised or armed robbery. mr justice paul burns

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Courts Service · 2020-10-07 · courts

High Court finds Ballycummin land bought with criminal proceeds; Annacotty claim fails

high court finds ballycummin land bought with criminal proceeds; annacotty claim fails the accepted bureau’s case about funding of one limerick property but found evidence insufficient to link proceeds crime purchase another. [2020] iehc 499 that a strip known as was assets derived from crime, rejec

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Courts Service · 2020-10-06 · courts

High Court grants Revenue judgment for €1.72m VAT debt after no appeal

high court grants revenue judgment for €1.72m vat debt after no appeal the ruled that assessed became due and payable when period expired. defendant’s request discovery further particulars did not establish an arguable defence to summary application. [2020] iehc 496 has granted €1,716,811.26 in reve

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Courts Service · 2020-10-06 · courts

Court of Appeal dismisses challenge to consecutive sentences for Dublin assault and sexual assault

court of appeal dismisses challenge to consecutive sentences for dublin assault and sexual the held that offences, though part one incident, were distinct because appellant used complainant’s unconsciousness after a serious commit assault. has dismissed an against eight-year sentence, with final two

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Courts Service · 2020-10-06 · courts

Court of Appeal awards respondents costs after dismissing bankruptcy appeal

court of appeal awards respondents costs after dismissing bankruptcy the rejected michael wymes’s request for no or a stay, ruling that had been entirely successful in appeal. [2020] ieca 274 has awarded to proceedings, and refused pause order while he seeks permission supreme court. ruling, dated 6

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Courts Service · 2020-10-06 · courts

Court of Appeal dismisses challenge to preliminary hearing of time-bar defence

court of appeal dismisses challenge to preliminary hearing time-bar defence the held there is no absolute bar deciding a constitutional as issue, provided it considered last. did not decide whether claim time-barred or legislation constitutional. [2020] ieca 273 has dismissed an against order requir

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Courts Service · 2020-10-05 · courts

High Court approves adoption without consulting child’s natural father further

high court approves adoption without consulting child’s natural father further the authorised authority to proceed consultation after finding that father-child relationship had been negligible and best interests supported application. [2020] iehc 493 approved an application by of ireland make order

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Courts Service · 2020-10-05 · courts

High Court refuses to remove company from shareholder oppression case

high court refuses to remove company from shareholder oppression case the declined set aside company’s joinder at this stage, finding that applicant’s claim against it would not necessarily fail. underlying allegations remain be decided. [2020] iehc 495 has refused an application by a removed case,

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Courts Service · 2020-10-05 · courts

High Court approves adoption without consulting unidentified birth father

high court approves adoption without consulting unidentified birth father the approved authority’s application concerning y, finding evidence addressed child’s best interests and statutory conditions for proceeding consultation. [2020] iehc 494 an by authority of ireland to make order y y’s father,

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Courts Service · 2020-10-05 · courts

Limerick court orders delivery of €17,000 in seized satellite equipment to shop owner

limerick court orders delivery of €17,000 in seized satellite equipment to shop owner a district judge found that mikhail yushchenko had proved ownership on the balance probabilities, after garda opposition relied suspicions said were not supported by specific evidence court. court, area, no. 13 has

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Courts Service · 2020-10-05 · courts

High Court gives executrix’s solicitor control of sale of family home

high court gives executrix’s solicitor control of sale family home the upheld a 2008 order and granted application for her to take exclusive carriage sale. property was return before following june, but not ordered sold by then. [2020] iehc 492 has given executrix deceased woman’s estate former home

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Courts Service · 2020-10-02 · courts

Court of Appeal dismisses developer’s challenge over Dublin height guidelines

court of appeal dismisses developer’s challenge over dublin height guidelines the held that a city council briefing note was not open to judicial review and came before its planning applications had been decided. [2020] ieca 268 has dismissed spencer place development company limited’s on national b

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Courts Service · 2020-10-02 · courts

High Court recognises Spanish foreclosure judgment and dismisses Irish action over Marbella villa

high court recognises spanish foreclosure judgment and dismisses irish action over marbella villa the recognised a final order for villa’s sale, held that it had no jurisdiction security challenge or sale-related damages claim, dismissed injunction motion. parties could still make brief submissions

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Courts Service · 2020-10-02 · courts

High Court rejects Ryanair challenge to Government travel advice

high court rejects ryanair challenge to government travel advice the granted leave for judicial review but dismissed substantive application, finding that pandemic guidance was advisory and could be issued under executive power. [2020] iehc 461 bring a government’s coronavirus advice, application in

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Courts Service · 2020-10-02 · courts

High Court quashes nursing misconduct report over excluded material and unanswered sanction offer

high court quashes nursing misconduct report over excluded material and unanswered sanction offer the ordered a fresh recommendation based only on agreed evidence, while leaving inquiry’s admitted findings in place. [2020] iehc 491 has quashed fitness-to-practise that recommended erasure of psychiat

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Courts Service · 2020-10-02 · courts

Court of Appeal says height guidelines did not override North Lotts SDZ scheme

court of appeal says height guidelines did not override north lotts sdz scheme the upheld high court’s interpretation that sppr 3(a) apply to planning applications governed by existing scheme, while agreeing developer’s proceedings were premature. [2020] ieca 268 has ruled a ministerial building-hei

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Courts Service · 2020-10-02 · courts

Court of Appeal dismisses Wee Care appeal over financial statements on CRO register

court of appeal dismisses wee care over financial statements on cro register the found that company’s full accounts were not defective and it had shown serious commercial prejudice. left open whether an inherent power to rectify exists. [2020] ieca 266 dismissed limited’s seeking remove additional i

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Courts Service · 2020-10-01 · courts

Court of Appeal dismisses seven Kelly Trucks appeals and a further motion

court of appeal dismisses seven kelly trucks appeals and a further motion the upheld finality earlier orders appointing gerard murphy as liquidator rejected challenges to later company proceedings case-management orders. [2020] ieca 275 dismissed brought by anne in disputes arising from voluntary li

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Courts Service · 2020-10-01 · courts

Court of Appeal dismisses appeals against conviction and 15-year sentence

court of appeal dismisses appeals against conviction and 15-year sentence the upheld jury’s verdict sentence, which includes five years suspended, after considering conflicting psychiatric evidence sentencing judge’s approach. [2020] ieca 265 has dismissed laura kenna’s her for attempted murder assa

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Courts Service · 2020-10-01 · courts

Supreme Court sets timetable for appeal by Protégé and Avalon against Irish Distillers

supreme court sets timetable for appeal by protégé and avalon against irish distillers at a first case management meeting, the directed written submissions deferred disputes about grounds to main hearing. has set an international group (cyprus) limited inc limited, directing that dispute over two be

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Courts Service · 2020-10-01 · courts

Court of Appeal judge calls Kelly appeals an abuse of process

court of appeal judge calls kelly appeals an abuse process in ex tempore judgment, haughton j agreed with noonan and said the arguments pursued by mrs had already been disposed earlier proceedings. [2020] ieca 275 a has described proceedings involving trucks limited as process, saying dealt orders j

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Courts Service · 2020-10-01 · courts

High Court orders wardship legal costs paid from Mr H’s estate

high court orders wardship legal costs paid from mr h’s estate the ruled that hse need not pay for representation in inquiry; measured are to come his estate. [2020] iehc 487 court, wards of has ordered h a inquiry be estate, rather than by health service executive (hse). ruling concerns who must re

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