Courts Service · 2020-11-30 · courts
minister ordered to make further discovery in ardgillan school case the high court directed a supplemental affidavit on department’s document search and production of specified records. other disputes costs were left for later hearing. [2020] iehc 636 has education skills provide about records conce
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Courts Service · 2020-11-30 · courts
court of appeal dismisses challenge to leave for mortgage possession order execution the found a reasonable explanation delay and no countervailing prejudice, while declining reopen earlier unappealed orders. [2020] ieca 335 has dismissed peter gawley’s against high allowing start mortgages dac issu
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Courts Service · 2020-11-30 · courts
appeal court orders costs and stays payment pending retrial in mcdonald case the of awarded most to fr conroy gorey community school, with deductions for two issues, reserved parts high judge. [2020] ieca 336 appeal, civil has ordered niamh pay claimed by tommy while staying until conclusion a retri
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Courts Service · 2020-11-30 · courts
high court stays oppression case until shareholder-register dispute is decided the ruled that an applicant must be registered as a company member to maintain claim, and stayed proceedings pending separate plenary over his claimed shareholding. [2020] iehc 630 has john o’driscoll’s against sgc global
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Courts Service · 2020-11-30 · courts
court of appeal upholds aidan conroy cocaine convictions after customs admission challenge the has upheld conroy’s on five cocaine-related offences arising from a search his refrigerated articulated truck he arrived by ferry england. conroy, self-employed haulier, was stopped shortly midnight august
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Courts Service · 2020-11-30 · courts
court of appeal dismisses barrister’s over claims against bar bodies the upheld high court’s dismissal competition, defamation and assault claims, finding without merit. [2020] ieca 365 has dismissed eugenie houston’s five consolidated actions members associated with ireland. said were misconceived
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Courts Service · 2020-11-30 · courts
court of appeal rejects bid to remove judge from diesel laundering retrial the dismissed michael murphy’s appeal, finding no reasonable basis doubt trial judge’s fairness despite rulings in an earlier, inconclusive trial. [2020] ieca 334 has against a refusal circuit presiding over his on charges. h
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Courts Service · 2020-11-30 · courts
high court refuses late bid to transfer limerick injury case circuit the refused plaintiff’s application remit case, citing delay, costs already incurred and need for a trial judge decide after hearing evidence. [2020] iehc 640 has an personal court, finding that interests of justice required claim
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Courts Service · 2020-11-30 · courts
high court refuses mircea-ionel gheorghe surrender to romania over prison conditions risk [2020] iehc 618 the has refused after finding a real that he could face amounting inhuman or degrading treatment. sought serve combined sentence of three years and months for theft aggravated robbery, with just
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Courts Service · 2020-11-27 · courts
high court refuses tearfund’s request for advance protection from costs the declined to declare that charity would not have pay commissioner of valuation’s if it lost a separate case-stated appeal over rate exemptions. [2020] iehc 621 has refused tearfund ireland ltd’s application protective declara
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Courts Service · 2020-11-27 · courts
high court refuses it search in discovery dispute over alleged ransomware attack the rejected requests to millett defendants’ current server and a surviving laptop, but directed them explain whether that laptop was searched for 2019. court, commercial has refused plaintiffs’ request an independent e
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Courts Service · 2020-11-27 · courts
court of appeal bars ulster bank and promontoria from pursuing doctor over coole debts the held that was permanently estopped enforcing liabilities against neil healy after finding he relied on assurances “in clear”. [2020] ieca 332 has ireland limited connected with a property development in coole,
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Courts Service · 2020-11-27 · courts
high court sets aside urgent retail restrictions in waterford planning case the ruled that council had not shown “irreparable or serious mischief” required for an ex parte order. underlying enforcement remained unresolved, with a full hearing scheduled 7 december 2020. [2020] iehc 540 set interim or
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Courts Service · 2020-11-27 · courts
high court refuses receivers’ bid to strike out maynooth car-park claim the said dispute over 94 relocated parking spaces required a full hearing, despite strong contractual and statutory liability arguments. [2020] iehc 628 has refused an application by two receivers tmt digital centre limited docm
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Courts Service · 2020-11-27 · courts
supreme court panel says chief justice can remove commissioners for oaths an advisory opinion found inherent power to revoke appointments, while recommending legislation and safeguards any removal process. (panel issuing opinion; not acting judicially) a has advised that the commissioner appointed u
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Courts Service · 2020-11-26 · courts
court of appeal corrects sentences in sexual assault case, keeps 13-year term the reduced on counts where trial judge had been given wrong maximum penalty, but upheld overall and changed terms suspended year. has corrected individual imposed a man convicted offences against four complainants, after
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Courts Service · 2020-11-26 · courts
high court finds liquidator guilty of misfeasance and orders €861,484.87 repayment the order followed withdrawals from a solvent company’s accounts without approval liquidator’s fees. deducted directors’ original €9,533 estimate for liquidation costs. [2020] iehc 613 has found gary lennon in his rol
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Courts Service · 2020-11-26 · courts
high court grants divorce but leaves family home sale timing open the set an 80/20 division of net proceeds and property costs, increased maintenance in principle, sought further submissions before final orders. [2020] iehc 611 granted a to couple identified as y z, while leaving several financial d
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Courts Service · 2020-11-26 · courts
court cuts clonmel robbery sentence from eight years in custody to five of appeal the has reduced ian o’sullivan’s effective prison for a violent late-night years. o’sullivan pleaded guilty after thomas lonergan was attacked while walking home along street at about 2am on 26 february 2017. three men
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Courts Service · 2020-11-26 · courts
high court refuses preliminary limitations trial in solicitor negligence case the ruled that plaintiff’s concealment and discoverability claims require oral evidence, directed neither a issue nor modular trial. [2020] iehc 612 has refused an application to decide limitation defence separately action
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Courts Service · 2020-11-25 · courts
high court intended to transfer family home mother and issue barring order in a divorce financial-provision appeal, the set out changes circuit arrangements, including conditional child maintenance order. later addendum records court’s final after further hearing. [2020] iehc 610 financial arrangeme
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Courts Service · 2020-11-25 · courts
high court grants south african family leave to challenge protection refusal the allowed judicial review challenges tribunal’s of and designation africa as a safe country origin. it refused on separate governing legislation. [2020] 556 jr has granted seek decision refusing them international ms just
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Courts Service · 2020-11-25 · courts
high court sets interim maintenance while appeal remains pending the varied a circuit order, requiring monthly at amount sought by mother allowing it to be met partly from children’s credit union accounts. [2020] iehc 609 an existing order on basis substantive pending, setting but family home mortga
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Courts Service · 2020-11-25 · courts
high court lifts automatic stay on dublin transfer decision the lifted in one applicant’s case and disapplied practice direction’s for future iii judicial review applications. [2020] iehc 616 an a to anonymised applicant united kingdom, ruled that provision direction would no longer apply applicatio
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Courts Service · 2020-11-25 · courts
court of appeal sends jason murtagh bail application back to high for fresh consideration [2020] ieca 370 the has sent murtagh’s renewed after finding that judge who declined hear it had not been given enough information about why previously refused. was awaiting trial in dublin circuit criminal on
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Courts Service · 2020-11-25 · courts
high court proposes to quash howth housing permission over missing sheet-piling plans justice richard humphreys found that the planning drawings did not adequately show location and dimensions of large underground structures. rejected other domestic-law challenges, left eu-law questions undecided in
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Courts Service · 2020-11-25 · courts
high court grants georgian applicant leave to challenge protection refusal the allowed a judicial review proceed on credibility and medical evidence grounds, but refused challenges safe-country designation. [2020] ieh 615 has granted an anonymised from georgia seek of his international claim, limite
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Courts Service · 2020-11-24 · courts
high court says two quarry lakes cannot practicably be filled as remediation plan remains to finalised the ruled that 1 and 2 must remain in place, required work address their steep slopes, found no further screening report was needed on possible effects river boyne sac. [2020] iehc 608 has at a nea
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Courts Service · 2020-11-24 · courts
high court dismisses builder’s €63,681 claim after finding delay inexcusable the struck out a over building works in headford, long and risk to fair trial outweighed case for allowing it proceed. separate motion transfer was not determined. [2020] iehc 602 has dismissed payment work headford that hi
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Courts Service · 2020-11-24 · courts
court of appeal rejects challenge to costs taxation over adjournment and alleged bias the upheld refusal set aside three certificates, finding no established entitlement an objective by taxing master. [2020] ieca 324 has dismissed anthony j. fitzpatrick’s against a high quash certificates issued in
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Courts Service · 2020-11-23 · courts
supreme court awards appellants two-thirds of appeal costs in wind farm stay dispute the declined to lift a on high order requiring turbines cease operating, but said had succeeded principle. it made no for application. krikke & ors. v. barranafaddock sustainability electricity limited [2020] iesc 4
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Courts Service · 2020-11-23 · courts
high court orders murphy concrete to give particulars of pyrite settlement claim a judge directed the company provide ballymore and cross winds with its homeowners within four weeks after order is perfected. [2020] iehc 627 has ordered (manufacturing) ltd. plaintiffs in damage proceedings, residenti
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Courts Service · 2020-11-23 · courts
court of appeal lifts order restricting identification d.h. after child rape convictions [2020] ieca 321 the has overturned an which prevented he was convicted four counts and two indecent assault a in dublin commuter-belt village. complainant reported to gardaí 2013 that she had been raped on occas
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Courts Service · 2020-11-23 · courts
court of appeal refuses stay €22.9m judgment against three brothers the found no arguable basis for staying high order while brothers’ appeals proceed, and said balance justice also favoured refusing a stay. [2020] ieca 322 has refused an application by to pause enforcement ordering them pay ulster
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Courts Service · 2020-11-20 · courts
high court rules latzur receiver was appointed under fixed charge the found that a debenture clause automatically converted floating when sought examinership. it directed receivership funds be distributed to chelsey, subject later decision on precise orders. [2020] iehc 592 has ruled over limited ch
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Courts Service · 2020-11-20 · courts
high court orders discovery in gibbet hill wind farm nuisance case the allowed plaintiffs’ motion for across four categories, finding material relevant and necessary fair disposal of their claim. precise wording, period costs remained to be addressed. [2020] iehc 591 has a application brought by cou
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Courts Service · 2020-11-20 · courts
high court reduces solicitor’s fee in €15m medical negligence case to €321,000 the set aside a €19,000 increase for work 2015 but upheld €26,000 final months before settlement. it invited submissions on order and costs. [2020] iehc 599 reduced instructions allowed plaintiff’s solicitors settled from
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Courts Service · 2020-11-20 · courts
high court quashes protection tribunal decision over nigeria state-protection assessment the found tribunal’s positive conclusion on state was irrational in light of country information it had summarised, and not been assessed against presumption that could protect its citizens. [2020] iehc 589 has
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Courts Service · 2020-11-20 · courts
clare circuit court finds eileen cunningham had capacity to make 2015 will the rejected claims that was made under undue influence and found testamentary capacity. it said would hear counsel on formal orders costs. court, south western circuit, county of for clare, when she her 6 march children’s cl
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Courts Service · 2020-11-20 · courts
high court orders surrender to uk after dismissing objections arrest warrant the rejected challenges warrant’s offence classification and concerns about uk’s internal market bill, then ordered under european act. [2020] iehc 598 has of james connors united kingdom face prosecution over three alleged
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Courts Service · 2020-11-20 · courts
high court refuses challenge to jobseeker’s allowance residence rule the rejected a family’s judicial review refusal of an allowance, finding applicant had not established worker status and shown statutory test was unlawful. [2020] iehc 654 has refused rejection woman’s appeal, ruling that her unpai
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Courts Service · 2020-11-20 · courts
high court orders insolvent company to provide security for nama’s costs the granted application after finding had not provided credible evidence that its alleged loss caused insolvency or recovering disputed sum would enable it pay costs. [2020] iehc 593 has national asset loan management dac (nama
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Courts Service · 2020-11-20 · courts
court of appeal awards clare county council costs and cross-appeal the declined to change its earlier position after respondents made further written submissions, ruling that they did not justify a different order. [2020] ieca 317 has awarded an in dispute involving members mongans family accommodat
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Courts Service · 2020-11-19 · courts
court of appeal dismisses couple’s challenge to aib debt judgment, orders surcharge recalculation the found no credible defence requiring a full hearing, but directed verify revised figures after waiving interest. [2020] ieca 318 has dismissed thomas and mary o’callaghan’s against high judgment orde
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Courts Service · 2020-11-19 · courts
court of appeal upholds 10-year sentence for aggravated burglary in fethard the dismissed john reilly’s against sentence, which included a two-year suspension, finding no error trial judge’s approach. has severity an at family home fethard, co tipperary. imposed july 2019, was backdated to 14 march
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Courts Service · 2020-11-19 · courts
high court allows two men to be added patent fraud counterclaim the found lexington had a stateable case against brian connell and florian karrer, allowing their joinder related amendments. it did not decide whether or conspiracy occurred. [2020] iehc 595 has allowed karrer as defendants alleging ov
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Courts Service · 2020-11-19 · courts
high court dismisses mibi claim over staged collision the found plaintiff failed to prove negligent driving and knowingly gave materially false or misleading evidence. it dismissed action under section 26 was an abuse of process. [2020] iehc 641 has victor olaru’s personal injury against motor insur
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Courts Service · 2020-11-19 · courts
high court quashes permission for 741-apartment connolly station development the found scheme exceeded limits strategic housing because its plans included a car park deck cié. it rejected separate challenge to board’s natura screening. [2020] iehc 587 has ruled that an bord pleanála lacked jurisdict
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Courts Service · 2020-11-19 · courts
court of appeal dismisses challenge to plenary hearing order the upheld high court’s decision continue a constitutional finance legislation as action, leaving questions about cross-examination and any effect on future criminal trial for address if necessary. [2020] ieca 319 has dismissed an by darra
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Courts Service · 2020-11-19 · courts
court of appeal dismisses challenge to plenary hearing in tobacco tax stamp case the upheld an order directing darragh galvin’s constitutional proceed as a action, while leaving evidence and cross-examination questions for high judge that action. [2020] ieca 319 has dismissed against his legislation
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Courts Service · 2020-11-18 · courts
high court permits palliative plan for 11-year-old, including withholding invasive icu treatment the made orders allowing clinicians to provide symptom relief and withhold specified life-prolonging interventions, finding was in child’s best interests. judgment preserves clinical discretion use an in
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Courts Service · 2020-11-18 · courts
court of appeal awards lay litigant reasonable outlay after reviving libel action the awarded sean corrigan his for and replaced high costs award with an order that neither side pay there. [2020] ieca 315 has a successful revived, on restricted basis, against kevin p. kilrane company solicitors. in
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Courts Service · 2020-11-18 · courts
high court makes only cpm’s injunction costs payable in the cause after refusing a tenant’s bid for an interlocutory injunction, ruled on application’s costs. it ordered to be cause, leaving broader question later proceedings. [2020] iehc 583 court, chancery has that cpm consulting limited’s of unsu
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Courts Service · 2020-11-18 · courts
court of appeal dismisses vehicle tech’s over recusal and adjournment rulings the found no objective basis to conclude that high judge was biased. it upheld dismissal judicial review after its legal team withdrew, left respondents’ costs subject a 14-day application. [2020] ieca 314 has dismissed te
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Courts Service · 2020-11-18 · courts
high court refuses discovery and interrogatories in challenge to tribunal costs decision the application concerned a judicial review awarded garda who participated disclosures tribunal. ruled that information sought was not relevant or necessary issues pleaded. [2020] iehc 597 has refused an by keit
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Courts Service · 2020-11-18 · courts
high court quashes internal-relocation decision in south african protection case the found tribunal had not properly assessed whether applicant could reasonably settle cape town, and sent that part of its back for reconsideration. [2020] iehc 590 has quashed a appeal an anonymised relocate to town.
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Courts Service · 2020-11-18 · courts
court of appeal awards solicitor 75% costs after houston’s mostly unsuccessful appeals the ordered wendy doyle to recover her from eugenie houston, while setting aside isaac wunder order remained outside stay. [2020] ieca 316 houston pay appeals, with amount be adjudicated if parties cannot agree. i
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Courts Service · 2020-11-18 · courts
high court dismisses challenge to refusal of permission remain the held that applicant had not shown an entitlement article 8 proportionality assessment, and lifted a temporary bar on minister reviewing decision after five days. [2020] iehc 571 has dismissed judicial review challenging for justice e
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Courts Service · 2020-11-17 · courts
high court allows appeal and rejects bid to dismiss burger king worker’s claim over delay the ruled that proceedings should continue, finding most of excusable employer’s claimed prejudice insufficiently established. [2020] iehc 566 has allowed a against dismissal his personal injuries okr group, wh
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Courts Service · 2020-11-17 · courts
high court refuses appeal certificate over cork road scheme challenge the declined to certify six proposed legal questions for and refused a request refer eu court. [2020] iehc 706 has an application by m28 steering group allowing against court’s earlier dismissal of its approval n28 ringaskiddy sch
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Courts Service · 2020-11-17 · courts
high court discharges order used to remove two children from ireland before their mother was heard the allowed mother’s appeal, finding ex parte enforcement and its service did not meet legal requirements. it made no on whether she could have resisted of foreign order. [2020] iehc 580 has discharged
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Courts Service · 2020-11-17 · courts
court of appeal dismisses challenge to fully suspended assault sentences the described as lenient but ruled they were not so far outside norm justify intervention. has dismissed director public prosecutions’ application review unduly imposed on two men who pleaded guilty causing harm. judgment, deli
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Courts Service · 2020-11-17 · courts
court of appeal dismisses against convictions in historic sexual assault case the rejected seven grounds by c.s., including challenges over complainant evidence, an unavailable witness, jury directions and continuation deliberations with 11 jurors. has dismissed c.s.’s for four counts indecent 15 re
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Courts Service · 2020-11-17 · courts
court of appeal dismisses two appeals over bank affidavits and slip-rule application the upheld admission in a bank’s motion to strike out claim rejected an attempt use slip rule substantially revise earlier judgment. [2020] ieca 313 has dismissed by eoin beakey concerning filed ireland mortgage ame
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Courts Service · 2020-11-17 · courts
high court makes no costs order after custody and access appeal mr justice max barrett said x had a reasonable basis to seek greater custody; each party will bear their own costs. [2020] iehc 579 the has made as following an concerning of child, finding there was nothing in case or x’s conduct justi
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Courts Service · 2020-11-16 · courts
court of appeal changes suspended-sentence terms in sa’s rape and sexual-assault case the upheld 14-year sentence after finding no material error its length, but removed a condition requiring participation prison programme added supervision no-contact terms. length imposed on sa for raping sexually
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Courts Service · 2020-11-16 · courts
court of appeal awards costs to state after dismissing thomas fox’s the also removed an earlier order granting fox 50% his high costs, directing instead that there be no order. [2020] ieca 337 has ordered pay unsuccessful and set aside awarding him costs. in a ruling delivered on 16 november 2020, p
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Courts Service · 2020-11-16 · courts
high court refuses romanian surrender over risk of prison conditions breaching rights the rejected respondent’s other objections but found a real treatment contrary to article 3 if he were surrendered serve his sentence. [2020] iehc 607 has refused an application marian dicu romania, finding substan
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Courts Service · 2020-11-16 · courts
high court refuses cctv discovery appeal in restaurant injury case the upheld circuit court’s refusal to order supermacs ireland limited disclose footage of 2017 incident, finding request went only plaintiff’s credibility. [2020] iehc 600 has refused a woman’s seeking from eyre square, galway, conce
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Courts Service · 2020-11-16 · courts
high court orders surrender to poland over six-month road traffic sentence the dismissed objections after finding warrant sufficiently detailed, conduct corresponded irish offences and respondent had appeared at trial. [2020] iehc 582 has ordered tomasz feński’s serve a prison imposed in proceedings
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Courts Service · 2020-11-16 · courts
high court orders surrender to poland in european arrest warrant case the rejected objections based on alleged fair-trial violations linked a later conviction and revocation of suspended sentence, ordered serve one-year sentence. [2020] iehc 606 has man under warrant, finding that his absence from h
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Courts Service · 2020-11-16 · courts
court of appeal removes applicant’s partial high costs award after dismissing the ordered unsuccessful applicant to pay respondents’ and replaced his 50% with no order for costs. [2020] ieca 310 has thomas fox removed earlier instead made in court. a ruling delivered on 16 november 2020, president b
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Courts Service · 2020-11-13 · courts
high court quashes planning permission decision over overshadowing assessment the upheld a challenge to an bord pleanála’s finding of no impact on nearby homes, saying conclusion was too definite for evidence before it. form any remittal remained undecided. [2020] iehc 564 quashed grant 192-home dev
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Courts Service · 2020-11-13 · courts
high court dismisses appeal in race discrimination case against cisco the found no point of law that would allow it to overturn labour court’s decision. left consequential orders for written submissions. [2020] iehc 714 dismissed an by olumide smith a decision his former employer, systems internetwo
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Courts Service · 2020-11-13 · courts
high court orders ulster bank discovery in partnership dispute the must disclose documents on loans, an insurance policy and dealings with a partner; settlement records are to be listed preserved pending trial judge’s direction. [2020] iehc 575 has ordered ireland limited make of sought by white cou
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Courts Service · 2020-11-13 · courts
high court quashes proposed dismissal of garda over false-report case the found serious uncertainty whether circuit order amounted to a conviction and an inquiry into missed appearances could affect commissioner’s decision. [2020] iehc 710 has quashed decision dismiss serving garda, finding that que
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Courts Service · 2020-11-13 · courts
ryanair ordered to pay half of skyscanner’s costs after failed injunction bid the high court ruled that should bear its unsuccessful interim application, reduced by 50% reflect conduct and competition-law arguments. [2020] iehc 584 court, commercial has dac skyscanner ryanair’s application for an in
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Courts Service · 2020-11-13 · courts
court of appeal dismisses challenge to 11-year sentence for arson at garda’s family home the rejected an arguing that was excessive, finding no error in sentencing judge’s assessment premeditation. it dismissed without increasing sentence. [275/19] has richard bourke’s against severity imposed setti
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Courts Service · 2020-11-13 · courts
high court orders preservation of confidential settlement documents in pub partnership dispute the directed discovery most requested documents, but required recording a separate insurance to be listed and preserved pending later ruling at trial. [2020] iehc 574 has ordered sought over white country
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Courts Service · 2020-11-13 · courts
high court dismisses historic abuse claim after defendant’s death left fair trial impossible the dismissed proceedings because defendant could no longer challenge plaintiff’s account. it did not decide whether alleged occurred or was statute-barred. [2020] iehc 668 has a personal injuries arising fr
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Courts Service · 2020-11-12 · courts
high court orders recruiting agency to answer college’s interrogatories the rejected three procedural objections and directed plaintiff questions on affidavit by 10 december 2020, while preserving a route raise further objections. [2020] iehc 539 has ordered nahj company for services from royal coll
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Courts Service · 2020-11-12 · courts
court of appeal dismisses mcdonaghs’ challenge to clare county council injunctions the upheld interim orders requiring removal caravans and vehicles from land, but invited further submissions on a limited stay during covid-19 pandemic. [2020] ieca 307 has dismissed bernard helen mcdonagh’s against i
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Courts Service · 2020-11-12 · courts
high court quashes docklands tower permission, ruling planning board lacked jurisdiction the set aside an bord pleanála’s april 2020 permission for a development exceeding north lotts and grand canal dock scheme’s height limits. it declined to send application back because had no power grant it. [20
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Courts Service · 2020-11-12 · courts
high court grants interim protection to crèche in receiver dispute the found fair issues be tried over company’s tenancy and receiver’s acceptance of his appointment, but made no final ruling on either. [2020] iehc 594 has restrained a lender from taking steps under disputed receivership glenageary
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Courts Service · 2020-11-12 · courts
court of appeal allows bank’s over parents’ loan guarantees the dismissed cross-appeal, ruling they had not shown an arguable defence to claim on their guarantees. it also set out how a clause in could operate if borrower’s were unenforceable. [2020] ieca 308 has allowed allied irish banks’ and cros
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Courts Service · 2020-11-11 · courts
high court refuses czech surrender request over uncorresponding prison offence the found no irish corresponding to respondent’s failure enter prison, and could not separate that from aggregate sentence sought by authorities. [2020] iehc 573 has refused an order ladislav ševčík republic, finding one
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Courts Service · 2020-11-11 · courts
court of appeal strikes out byrne family’s claim against nama in full the allowed nama’s over a partly dismissed claim, finding it was brought outside limitation period and could not proceed without leave under act. [2020] ieca 305 has struck its entirety by vincent junior national asset management
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Courts Service · 2020-11-11 · courts
high court awards state respondents costs after judicial review leave refusal the ordered for resisting application, stayed if john o’connell appeals of leave. it also addressed his concern about a reference to an order. [2020] iehc 568 has awarded their o’connell’s application seek review, with sta
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Courts Service · 2020-11-11 · courts
court of appeal says custody-record breaches did not make detention unlawful the answered a case stated on interpreter procedures, leaving trial judge to decide whether breath-sample evidence should be admitted. [2020] ieca 304 ruled that two garda regulations man’s unlawful, but left discretion jud
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Courts Service · 2020-11-11 · courts
high court refuses hse bid to dismiss birth-injury claim over delay the found no real or substantial risk of an unfair trial unjust result at this stage, while leaving free raise issue again if new facts submissions arise. [2020] iehc 596 has dismissed health service executive’s application strike o
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Courts Service · 2020-11-11 · courts
high court refuses interim payment order over €314,880 conciliation recommendation the held that a solicitor’s undertaking did not meet contract’s requirement for bond, although it found notice of arbitration had been given. [2020] iehc 585 has refused kd mechanical engineers limited’s application a
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Courts Service · 2020-11-10 · courts
high court sets aside ombudsman’s income protection decision the found serious and significant legal errors in assessment of an insurer’s handling a disputed claim set direction full. [2020] iehc 538 has financial services pensions ombudsman that directed utmost paneurope dac to admit woman’s make p
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Courts Service · 2020-11-10 · courts
high court quashes deportation order after finding applicant was not told process had resumed the held that should have been given notice when minister restarted process, so he could use options available under immigration law. [2020] iehc 588 has quashed a against brazilian citizen following pause
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Courts Service · 2020-11-10 · courts
court of appeal refuses late bid over €564,157.78 loan judgment the found that james flynn had not shown grounds to extend deadline, more than two and a half years after it expired. did consider his request for stay. [2020] ieca 303 appeal, civil has refused solicitor flynn’s application time high r
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Courts Service · 2020-11-10 · courts
high court largely affirms separation orders, requires supervised access and awards father half his appeal costs the upheld circuit court’s main orders after an appeal, with changes to access, communication transport arrangements. it also ordered mother pay 50% of father’s costs. [2020] iehc 553 aff
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Courts Service · 2020-11-09 · courts
court of appeal refuses enforcement certificate for workers’ damages awards, remits identity issue the rejected cross-appeal over a european order and employers’ costs, but sent one plaintiff-name dispute back to high further consideration. [2020] ieca 301 has refused certify awards 50 portuguese co
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Courts Service · 2020-11-09 · courts
court of appeal dismisses murder conviction appeals by two men the rejected challenges to jury directions and admission prior statements, finding no ground disturb either verdict. [2020] ieca 300 has dismissed dylan hayes gerard hogan against their convictions for murdering shane murphy, concluding
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Courts Service · 2020-11-09 · courts
court of appeal dismisses over sentences for abuse seven children the found no sentencing error in a case involving guilty pleas to 52 representative counts rape, sexual assault and indecent assault. has dismissed an by m. mcc. against imposed offences from one family, finding principle judge. judgm
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Courts Service · 2020-11-06 · courts
court of appeal dismisses against nine-year effective sentence for attack on elderly landlord the found was within sentencing judge’s discretion, citing serious assault and prolonged false imprisonment alongside mitigation considered at sentencing. has dismissed an by stefan schaufler sentences impo
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Courts Service · 2020-11-06 · courts
high court refuses adjournment and adjudicates farrell debtors bankrupt the rejected a request to delay two bankruptcy petitions while an appeal was pending, finding had already ample opportunity explore alternatives. [2020] iehc 544 court, refused application adjourn proceedings against james grain
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Courts Service · 2020-11-06 · courts
high court refuses bid to halt whelan group restriction proceedings john mckeogh argued that missing company records impaired his defence. the refused strike out or stay liquidator’s application, while leaving substantive case be heard. [2020] iehc 565 has an application by seeking a declaration aga
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Courts Service · 2020-11-06 · courts
high court refers child benefit backdating dispute to eu the sent three questions about social security rules and ireland’s 12-month claim deadline of justice european union. it adjourned rest judicial review pending that court’s decision. [2020] iehc 548 has referred union in a over backdated irish
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Courts Service · 2020-11-06 · courts
high court reserves costs of donegal lpg injunction application until trial the granted one interim injunction, considered an undertaking covering another issue, and refused other requested injunctions in earlier ruling. it has now reserved application’s to trial. [2020] iehc 563 court, chancery int
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Courts Service · 2020-11-06 · courts
high court sets out divorce orders, property sales and pension provision the said it would grant a outlined financial with further hearing needed to finalise orders clarify which address f properties be sold. [2020] iehc 562 for sale of family home at f, applicant’s ownership b, share respondent’s s
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Courts Service · 2020-11-05 · courts
court of appeal replaces fully suspended sentence with 18 months’ imprisonment the allowed director public prosecutions’ review, finding an error principle in suspending entire for a bottle attack on visitors dublin. [220/17] quashed 18-month imposed james mcdonagh assault causing harm and resentenc
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Courts Service · 2020-11-05 · courts
high court refuses appeal over life policy cancellation ruling the rejected a challenge to financial services and pensions ombudsman’s determination, finding appellant had not shown serious significant error. costs were left for further submissions. [2020] iehc 559 has refused an by john o’connell a
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Courts Service · 2020-11-04 · courts
supreme court allows appeal to keep neonatal negligence claims alive the ruled that pleadings disclosed a cause of action and neither strike-out applications nor delay justified ending before trial. it made no finding any defendant was negligent. ireland has allowed andrew mangan’s against dismissal
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Courts Service · 2020-11-04 · courts
court of appeal dismisses liquidator’s challenge to €153,803 fee repayment judgment the upheld a high order requiring gary lennon repay fees jim luby, finding that an expert’s assessment was sufficient calculate overpayment. [2020] ieca 297 appeal; (prior order) has dismissed lennon’s against orderi
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Courts Service · 2020-11-03 · courts
court of appeal dismisses over refusal bail to s.f. the said high judge’s reasons made clear that no conditions would secure s.f.’s attendance at trial. [2020] ieca 295 has dismissed against bail, giving for a decision it had announced after hearing on 10 september 2020. judgment, delivered 3 novemb
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Courts Service · 2020-11-03 · courts
high court refuses pakistani family’s challenge to deportation orders the found applicants had not established that minister should have considered constitutional rights they relied on, which been raised in their representations. [2020] iehc 561 has refused a application quash orders, finding on wit
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Courts Service · 2020-11-03 · courts
high court refuses challenge to rejection of bangladeshi man’s protection claim the found appeals tribunal gave discernible reasons for its credibility findings and reasonably assessed letters submitted in support claim. [2020] iehc 560 has refused an application quash a decision rejecting anonymise
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Courts Service · 2020-11-02 · courts
high court quashes tribunal ruling in teachers’ maternity-leave dispute and sends case back the found an error of law employment appeal tribunal’s decision over leave arrangements introduced 2013. it did not decide underlying claims, which return to tribunal. [2020] iehc 550 has quashed a involving
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Courts Service · 2020-11-02 · courts
high court strikes solicitor off roll over deliberate handling of client funds the rejected a disciplinary tribunal’s recommendation for practice restrictions, finding that admitted account manipulation was systematic and dishonest. [2020] iehc 581 has struck kathleen doocey solicitors after she rep
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Courts Service · 2020-11-02 · courts
court of appeal reduces damages award for wrist injury to €98,574.55 the allowed defendant’s against high court’s assessment, reducing general from €155,000 €90,000 while retaining agreed special €8,574.55. [2020] ieca 296 reduced a motorcyclist injured in 2015 collision, substituting total judgment
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