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Courts Service · 2020-12-31 · courts

Ryanair ordered to pay State’s costs after travel advice judicial review failed

ryanair ordered to pay state’s costs after travel advice judicial review failed the high court dismissed ryanair’s application in full and it respondents’ costs, while aer lingus was bear its own. [2020] iehc 673 has dac dismissing challenge government advice. ltd, which supported took part on a lim

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Courts Service · 2020-12-31 · courts

High Court orders each side to bear its own costs in solicitor discipline case

high court orders each side to bear its own costs in solicitor discipline case the applied legal services regulation act 2015 rules separate applications, then set off awards. ruling concerns costs; it does not alter earlier strike-off order. [2020] iehc 674 has ordered law society of ireland and da

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Courts Service · 2020-12-22 · courts

Court of Appeal dismisses rape conviction appeal

court of appeal dismisses rape conviction the rejected challenges to recent complaint evidence, jury directions and weight verdict. has dismissed m. a.’s against his for rape, rejecting all three grounds raised by defence. found no error in admitting evidence complaints made both a friend garda, uph

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Courts Service · 2020-12-22 · courts

High Court refuses bid to block enforcement of Bulgarian loan judgment

high court refuses bid to block enforcement of bulgarian loan judgment the rejected an irish public policy challenge and refused a stay pending arbitration, finding no or tribunal had determined that fraud occurred. [2020] iehc 689 has application prevent recognition in ireland for €425,926, plus co

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Courts Service · 2020-12-22 · courts

High Court says it cannot vary District Court barring order

high court says it cannot vary district barring order the stayed its separate access until varies to permit physical considered appropriate. [2020] iehc 691 ruled that could not a in judicial separation proceedings. an had made allow mr c asked regulate interim contact with children and, if necessar

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Courts Service · 2020-12-22 · courts

Court of Appeal orders fuller particulars in informed-consent dispute

court of appeal orders fuller particulars in informed-consent dispute the allowed daniel crean’s and directed three defendants to detail their denials that they failed obtain his informed consent before hip surgery. ruling concerns pleadings, not merits injury claim. [2020] ieca 364 appeal, civil ha

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Courts Service · 2020-12-21 · courts

High Court leaves receiver’s appointment challenge for trial, strikes out parts of defence

high court leaves receiver’s appointment challenge for trial, strikes out parts of defence the kept ken tyrrell’s to his as receiver alive, while removing pleadings inconsistent with earlier final findings. it deferred any decision on proposed counterclaim amendments. [2020] iehc 705 has struck davi

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Courts Service · 2020-12-21 · courts

High Court refuses challenge to UK transfer decision and Article 17 relief

high court refuses challenge to uk transfer decision and article 17 relief the rejected an egyptian applicant’s judicial review a affirming his united kingdom, refused other he sought. [2020] iehc 701 has kingdom have international protection application examined there. also requests for orders conc

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Courts Service · 2020-12-21 · courts

Supreme Court upholds sale order for Dublin home but stays it on conditions

supreme court upholds sale order for dublin home but stays it on conditions the dismissed kennys’ appeal against to sell their dartry home, stayed while they remain alive, subject steps donegal property and protect trinity college’s security. james patricia kenny’s an of at 4 temple road, dartry, co

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Courts Service · 2020-12-21 · courts

Court of Appeal says medical certificate need not be signed by examining doctor

court of appeal says medical certificate need not be signed by examining doctor the answered a dpp-referred question law after trial judge excluded an ophthalmic surgeon’s in assault trial. its answer did disturb acquittal. [2020] ieca 362 ruled that practitioner personally examine injured person fo

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Courts Service · 2020-12-21 · courts

High Court vacates lis pendens registered by Bill Cullen over Killegy House dispute

high court vacates lis pendens registered by bill cullen over killegy house dispute the found that cullen’s pleaded claim was for money from property sale proceeds, not a proprietary interest in land. it did dismiss underlying action or decide whether he owed money. [2020] iehc 685 has ordered remov

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Courts Service · 2020-12-21 · courts

Court of Appeal dismisses appeals against seven-year sentences for planned rural burglary

court of appeal dismisses appeals against seven-year sentences for planned rural burglary the held that burglary’s planning, multiple participants and targeting elderly residents justified sentencing judge’s headline sentence; it found no basis to suspend part either term. has dismissed by niall fit

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Courts Service · 2020-12-21 · courts

Court of Appeal refuses contractor’s bid to halt Kildare housing works framework

court of appeal refuses contractor’s bid to halt kildare housing works framework the declined stay high court’s decision or council’s new while proceeds, citing framework’s implementation, public and third-party interests, apparent weakness a key ground. [2020] ieca 361 has refused application count

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Courts Service · 2020-12-21 · courts

High Court refuses approval of €130,000 settlement for injured minor

high court refuses approval of €130,000 settlement for injured minor the said teenager’s long-term educational and vocational prospects remained unclear recommended reassessing case in two years with further medical reports. [2020] iehc 672 has refused to approve a proposed personal injuries proceed

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Courts Service · 2020-12-21 · courts

Court of Appeal upholds strike-out of Giles Kennedy’s challenge to breath-test law

court of appeal upholds strike-out giles kennedy’s challenge to breath-test law the ruled that findings in mr criminal meant a defence based on hearing difficulty would not have helped him. it rejected state’s cross-appeal alleging abuse process and left costs for later submissions. [2020] ieca 360

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Courts Service · 2020-12-21 · courts

High Court awards costs to J. after ruling against Child and Family Agency

high court awards costs to j. after ruling against child and family agency the found agency’s settlement offers ineffective said acted reasonably in taking judicial review a full hearing. did not decide whether could investigate allegation again. [2020] iehc 671 has ordered pay of brought by person

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Courts Service · 2020-12-21 · courts

High Court refuses freezing order in dispute over €150,000 paid for two Dublin pubs

high court refuses freezing order in dispute over €150,000 paid for two dublin pubs the found evidence did not establish dishonesty sufficient to infer a risk that churches estate agents would dissipate assets, while noting unanswered questions about funds failed purchases. [2020] iehc 684 refused s

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Courts Service · 2020-12-21 · courts

High Court orders limited disclosure to Teaching Council in settled abuse case

high court orders limited disclosure to teaching council in settled abuse case the ordered plaintiff provide with personal injuries action’s pleadings, subject confidentiality safeguards, while protecting plaintiff’s anonymity. [2020] iehc 683 has a action pleadings exchanged case, safeguards intend

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Courts Service · 2020-12-21 · courts

High Court orders surrender to Hungary in fraud warrant case

high court orders surrender to hungary in fraud warrant case the dismissed objections over prison conditions, alleged discrimination, location of offence and whether had decided charge try respondent. [2020] iehc 695 has ordered gábor szűcs under a european arrest concerning one swindling or fraud.

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Courts Service · 2020-12-21 · courts

High Court awards costs to Garda respondent after failed detention challenge

high court awards costs to garda respondent after failed detention challenge the declined depart from usual rule that follow event dismissing an article 40 release application. [2020] iehc 656 has awarded member in charge of dún laoghaire station unsuccessful constitutional a person’s detention. jud

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Courts Service · 2020-12-21 · courts

Supreme Court dismisses Kevin Tracey’s appeal over District Court procedure

supreme court dismisses kevin tracey’s appeal over district procedure the affirmed high court’s refusal to grant judicial review, finding no basis disturb its factual findings or procedural rulings under challenge. [2020] iesc 76 has dismissed in a review challenge arising from preliminary proceedin

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Courts Service · 2020-12-21 · courts

Court of Appeal dismisses appeal over Castletown House tenancy

court of appeal dismisses over castletown house tenancy the upheld high court’s decision that george magan had no right to a new or continued occupation, finding procedural unfairness and real prospect success on his proposed defences. [2020] ieca 363 has dismissed magan’s against ruling concerning

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Courts Service · 2020-12-21 · courts

Supreme Court refers EU household test to Luxembourg in cousin’s residence case

supreme court refers eu household test to luxembourg in cousin’s residence case the set out how irish courts should approach other language versions of law, then referred questions about “member household” justice european union. [2020] iesc 78 has asked union (cjeu) clarify who qualifies as a membe

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Courts Service · 2020-12-21 · courts

Court of Appeal dismisses challenge to judge’s recusal and costs decisions

court of appeal dismisses challenge to judge’s recusal and costs decisions kevin tracey appealed only the case-management order made on 4 november 2019. considered underlying decision too, found no objective bias established dismissed appeal. [2020] ieca 359 has tracey’s against a high awarding defe

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Courts Service · 2020-12-18 · courts

High Court refuses judicial review of Fórsa disciplinary ruling

high court refuses judicial review of fórsa disciplinary ruling the held that dispute over a union member’s sanction concerned private law rights and was not justiciable by review. [2020] iehc 711 has refused civil servant’s application to challenge decision, arose from his membership amenable in ju

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Courts Service · 2020-12-18 · courts

Court of Appeal rejects bid to revive Irish protection claim after transfer deadline expired

court of appeal rejects bid to revive irish protection claim after transfer deadline expired the held that ireland could not use article 17 dublin iii regulation resume responsibility six-month made uk responsible. it dismissed both appeals and gave a provisional view appellant should pay costs. [20

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Courts Service · 2020-12-18 · courts

Court of Appeal dismisses Kevin Walsh’s appeal against convictions

court of appeal dismisses kevin walsh’s against convictions the rejected challenges to admission two witnesses’ earlier statements, jury directions and sufficiency evidence. concerned only; sentence was not addressed in this judgment. [2020] ieca 358 has dismissed his for threatening kill or cause s

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Courts Service · 2020-12-18 · courts

High Court cancels tenancy ruling over landlord’s intention to sell

high court cancels tenancy ruling over landlord’s intention to sell a point-of-law appeal succeeded because the tribunal had not established that owner intended, when serving notice, enter sale agreement within three months of ending. [2020] iehc 635 has cancelled determination upheld notice requiri

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Courts Service · 2020-12-18 · courts

High Court orders receiver to take control of two Donegal Town investment properties

high court orders receiver to take control of two donegal town investment properties the granted interlocutory relief ken fennell in a dispute over mortgaged properties, while leaving final liability and costs for later determination. [2020] iehc 677 has ordered that be allowed possession residentia

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Courts Service · 2020-12-18 · courts

High Court refuses bid to set aside costs order in Longford land dispute

high court refuses bid to set aside costs order in longford land dispute mr justice allen found that jerome kane had waited 19 months challenge an requiring him remove livestock and pay costs. he refused the application, while allowing 21 days make submissions on of latest motion. [2020] iehc 679 ir

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Courts Service · 2020-12-18 · courts

High Court sends solicitors’ fee-letter complaint for disciplinary inquiry

high court sends solicitors’ fee-letter complaint for disciplinary inquiry the dismissed most of an appeal against tribunal’s decision not to investigate, but directed into whether two solicitors complied with statutory requirements in matters. [2020] iehc 688 has tribunal (sdt) inquire a client’s p

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Courts Service · 2020-12-18 · courts

High Court reserves costs of stay application to trial judge

high court reserves costs of stay application to trial judge the declined award either side a pending wilson proceedings, leaving question eventual judge. [2020] iehc 681 has reserved in vodafone ireland limited’s proceedings against rigney dolphin limited who ultimately hears case. ruling delivered

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Courts Service · 2020-12-17 · courts

High Court awards costs of injunction application, with execution stayed until trial

high court awards costs of injunction application, with execution stayed until trial the plaintiffs succeeded on their interlocutory application. ordered defendants to pay its but pending trial, where underlying questions remain open. [2020] iehc 693 has stephen tennant and promentoria (aran) limite

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Courts Service · 2020-12-17 · courts

High Court finds injured driver solely responsible for 2017 collision

high court finds injured driver solely responsible for 2017 collision the concluded that crash most likely occurred on defendant’s side of road. it found plaintiff negligent, but did not assess damages and said would discuss form orders with counsel. [2020] iehc 696 a who suffered serious back injur

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Courts Service · 2020-12-16 · courts

High Court appoints examiner to Norwegian Air group companies and parent

high court appoints examiner to norwegian air group companies and parent the ruled on 7 december 2020 that five irish shuttle asa had a reasonable prospect of survival, allowing an examinership proceed. judgment setting out its reasons was delivered 16 december. [2020] iehc 664 appointed their paren

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Courts Service · 2020-12-16 · courts

High Court rejects blanket exclusion of earlier pub and restaurant valuations

high court rejects blanket exclusion of earlier pub and restaurant valuations the said a valuation tribunal may consider values two separately operated premises before their amalgamation, while deciding for itself what weight they deserve. it did not rule on final valuation. [2020] iehc 661 ruled th

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Courts Service · 2020-12-16 · courts

High Court orders surrender to Latvia after dismissing objections to European arrest warrant

high court orders surrender to latvia after dismissing objections european arrest warrant the ruled that gave sufficient particulars of three offences and respondent had not met first condition for an objection under section 44. [2020] iehc 694 has ordered vēsma veļičko prosecution on alleged offenc

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Courts Service · 2020-12-16 · courts

High Court orders fuller particulars in Volkswagen emissions claim

high court orders fuller particulars in volkswagen emissions claim on appeal, the directed a motorist to clarify representations, alleged fraud and losses behind his before discovery. ruling concerns what must be pleaded this case; it does not decide underlying allegations. [2020] iehc 662 has order

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Courts Service · 2020-12-16 · courts

High Court orders surrender to Lithuania after dismissing prison-treatment objection

high court orders surrender to lithuania after dismissing prison-treatment objection the found no cogent evidence of a real risk inhuman or degrading treatment, but postponed briefly so respondent could complete his current course treatment. [2020] iehc 692 has ordered ričardas valeška under europea

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Courts Service · 2020-12-16 · courts

High Court quashes Limerick waste permit after finding it unlawful

high court quashes limerick waste permit after finding it unlawful the found council’s decision flawed despite permit’s surrender, citing environmental screening, retrospective approval and inadequate reasons. [2020] iehc 666 has quashed city county to grant p&d lydon plant hire ltd a facility for l

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Courts Service · 2020-12-16 · courts

High Court voids charge granted after winding-up petition

high court voids charge granted after winding-up petition the ruled that a over construction company’s property, executed three days was presented, void and would not be validated. [2020] iehc 663 has to two former accountants of company presented void, rejecting their request have it ms justice rey

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Courts Service · 2020-12-16 · courts

High Court orders return of two girls to England under Hague Convention

high court orders return of two girls to england under hague convention the rejected arguments that foster care on posed a grave risk or breached fundamental principles, while taking girls’ objections into account. [2020] iehc 686 court, family law has ordered by 7 january 2021, after rejecting thei

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Courts Service · 2020-12-16 · courts

High Court bars retail trading at two Homesavers sites and restricts Waterford store

high court bars retail trading at two homesavers sites and restricts waterford store the ordered use to cease immediately tramore dungarvan, while limiting sales premises under its existing permission. [2020] iehc 634 an immediate halt all in dungarvan after finding that neither site had planning pe

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Courts Service · 2020-12-16 · courts

High Court refuses leave to appeal deportation ruling

high court refuses leave to appeal deportation ruling the said proposed raised no point of law requiring further clarification. its refusal concerned earlier dismissal a judicial review challenge. [2020] iehc 643 has refused family’s application for that dismissed their challenge order against secon

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Courts Service · 2020-12-15 · courts

High Court sets aside extension of time in Kerry defamation case

high court sets aside extension of time in kerry defamation case the held that a retrospective application to extend limitation period could be considered, but refused and allowed defendants’ appeal. [2020] iehc 687 court, circuit appeal has set order extending for keith mckenna pursue proceedings a

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Courts Service · 2020-12-15 · courts

Court of Appeal dismisses appeal against eight sexual assault convictions

court of appeal dismisses against eight sexual assault convictions the rejected three grounds appeal, finding jury had evidence on which it could convict and no error in trial judge’s directions. has dismissed an by a man convicted counts assault, rejecting arguments that jury’s verdicts were perver

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Courts Service · 2020-12-15 · courts

High Court orders surrender to Hungary to serve 2007 sentence

high court orders surrender to hungary serve 2007 sentence the rejected objections a fresh application after receiving further information that hungarian retrial request had been refused. [2020] iehc 682 has ordered of zsolt siklosi under european arrest warrant so he can one-year prison imposed in

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Courts Service · 2020-12-15 · courts

Supreme Court awards Gavin Sheridan High Court costs in FOI appeal

supreme court awards gavin sheridan high costs in foi appeal the ordered minister to pay sheridan’s costs, made no order for and left of untouched. s:ap:ie:2019:000101 has awarded all his proceedings arising from a freedom information act appeal. it did not make an concerning costs. applied against

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Courts Service · 2020-12-15 · courts

High Court refuses surrender to Romania over prison space guarantee

high court refuses surrender to romania over prison space guarantee the found a strong presumption of an article 3 breach because could not at least 3m² personal throughout detention. refusal applies this warrant time and is permanent bar. [2020] iehc 699 has refused pitulan angel on european arrest

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Courts Service · 2020-12-15 · courts

High Court refuses challenge to refusal of Albanian man’s protection claim

high court refuses challenge to refusal of albanian man’s protection claim the held that appeals tribunal had considered several aspects and was entitled regard unspecified debt payment demand as central gaps in account. [2021] iehc 30 has refused an application quash a decision rejecting his intern

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Courts Service · 2020-12-15 · courts

High Court refuses surrender to Poland over 2014 sentencing hearing

high court refuses surrender to poland over 2014 sentencing hearing the found that defence rights were not shown be adequately protected at a cumulative held in respondent’s absence. [2020] iehc 680 has refused an order man poland, finding state had established his application sought serve polish se

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Courts Service · 2020-12-15 · courts

High Court awards €75,000 after employee fell in unlit car park

high court awards €75,000 after employee fell in unlit car park the found both defendants negligent accepting that shirley farrell while walking to her darkness. it also employer breached its workplace safety duty. [2020] iehc 660 awarded finding ankle fracture followed a fall an at celbridge. negli

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Courts Service · 2020-12-15 · courts

High Court refuses bid to stop prosecution of historic indecency charges

high court refuses bid to stop prosecution of historic indecency charges the found judicial review application was out time and, in any event, that applicant had not shown an unavoidable risk unfair trial. [2020] iehc 659 has refused m.s.’s prohibit a further over 31 allegations, finding proceedings

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Courts Service · 2020-12-14 · courts

High Court rejects appeal over handling of protected disclosure

high court rejects appeal over handling of protected disclosure the upheld labour court’s finding that a veterinary practitioner had not established detriment from department’s failure to update him about his disclosure. [2020] iehc 665 has rejected practitioner’s department agriculture, food and ma

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Courts Service · 2020-12-14 · courts

High Court confirms two-month suspension of veterinary practitioner

high court confirms two-month suspension of veterinary practitioner the found legal errors in how council considered mitigation but confirmed its decision to cancel practitioner’s registration for two months. [2020] iehc 655 ireland’s timothy brennan’s months, despite finding that had relied on lega

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Courts Service · 2020-12-14 · courts

High Court orders Zorka Rogić surrendered to Croatia over drugs and ammunition charges

high court orders zorka rogić surrendered to croatia over drugs and ammunition charges [2020] iehc 690 the has ordered be face prosecution alleged heroin offences. european arrest warrant was issued by municipal in rijeka november 2017. croatian authorities allege that sold 4.69 grams of from her fl

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Courts Service · 2020-12-14 · courts

Court of Appeal sets aside damages award after finding claim relied on fabricated documents

court of appeal sets aside damages award after finding claim relied on fabricated documents the concerned a for equitable failed land sale. held high had to consider plaintiffs’ reliance false when deciding whether that discretionary relief. [2020] ieca 354 (civil) has allowed an and set order award

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Courts Service · 2020-12-14 · courts

Court of Appeal overturns damages award in disputed Wicklow land sale

court of appeal overturns damages award in disputed wicklow land sale the rejected vendor’s claim to rescind a contract for misrepresentation but ruled that purchasers could not receive equitable after relying on fabricated documents support their loss claim. [2020] ieca 354 has overturned €77,435.7

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Courts Service · 2020-12-14 · courts

High Court revokes grant to executors after estate administration stalled

high court revokes grant to executors after estate administration stalled the found serious misconduct by both and gave an independent solicitor liberty apply for a administer estate. costs two earlier proceedings remained further consideration. [2020] iehc 650 revoked of probate held josie ahern jo

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Courts Service · 2020-12-11 · courts

High Court orders Bank of Ireland to disclose records in mortgage interest dispute

high court orders bank of ireland to disclose records in mortgage interest dispute the order covers documents about two interest-rate changes, bank’s knowledge property’s use, its consumer classification borrowers and communications rates. [2020] iehc 633 has ordered governor company a over rates on

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Courts Service · 2020-12-11 · courts

Supreme Court awards costs after ruling on conditional discharge arrangements

supreme court awards costs after ruling on conditional discharge arrangements the awarded m.c. in all three courts and settled wording of a declaration concerning clinical director’s statutory obligations. her court, appeal high finding that judicial review was not moot director central mental hospi

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Courts Service · 2020-12-11 · courts

High Court quashes refusal of German transfer application by man detained after insanity verdict

high court quashes refusal of german transfer application by man detained after insanity verdict the ruled that applicant qualified as a “sentenced person” under irish law, but sent his back to minister for reconsideration. [2020] iehc 632 has quashed justice’s consider transferring an anonymised fr

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Courts Service · 2020-12-11 · courts

Court of Appeal rejects State bid to block two planning appeals

court of appeal rejects state bid to block two planning appeals the ruled that could proceed without high leave, while leaving merits underlying disputes undecided. [2020] ieca 355 appeal, civil has rejected applications by ireland and attorney general strike out over a proposed 13-turbine windfarm

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Courts Service · 2020-12-11 · courts

Supreme Court dismisses land seller’s appeal despite ruling developer remained liable

supreme court dismisses land seller’s appeal despite ruling developer remained liable the held that a who signed sale contract before his company existed could not use condition to escape personal liability. but conduct in accepting as purchaser barred him from obtaining specific performance against

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Courts Service · 2020-12-11 · courts

High Court allows appeals in two road accident claims and awards €20,000 and €25,000

high court allows appeals in two road accident claims and awards €20,000 €25,000 the found van driver solely responsible for collision, overturned circuit dismissals assessed damages injuries that had fully resolved. [2020] iehc 702 allowed by mark fegan lee against orders dismissing their claims, f

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Courts Service · 2020-12-11 · courts

High Court to strike out bank’s claim against second defendant after delay

high court to strike out bank’s claim against second defendant after delay the found three-year, two-month in prosecuting summary proceedings was inordinate and inexcusable, that balance of justice favoured striking its defendant. [2020] iehc 646 has decided bank ireland’s a over loan about €1.3 mil

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Courts Service · 2020-12-11 · courts

High Court makes no costs order after mother’s successful appeal

high court makes no costs order after mother’s successful appeal the said father had acted in good faith under an irish that should never have been granted. ruling dealt only with of appeal. [2020] iehc 645 made for ms w successfully appealed family law proceedings involving removal children from ir

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Courts Service · 2020-12-11 · courts

High Court refuses challenge to deportation order over assessment of job prospects

high court refuses challenge to deportation order over assessment of job prospects the held that minister had considered applicant’s stated employment history and software-testing before issuing order. [2020] iehc 649 has refused a judicial review order, finding for justice equality’s consideration

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Courts Service · 2020-12-11 · courts

Supreme Court awards Minister half of appeal and High Court costs

supreme court awards minister half of appeal and high costs in a ruling after the succeeded setting aside order, allowed deduction for mr pervaiz’s success on standing certain relating to notice party. ruled that justice equality should receive 50% both proceedings, subject deductions arising from i

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Courts Service · 2020-12-11 · courts

High Court finds no legal basis for reversing valuation exclusion of Sandymount home

high court finds no legal basis for reversing valuation exclusion of sandymount home the held that commissioner could not rely on a “clerical error” to reopen property’s valuation, and conditions further amendment were met. it left consequential orders later submissions. [2020] iehc 713 has ruled ha

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Courts Service · 2020-12-10 · courts

High Court orders D.E. surrendered to UK over alleged child sexual offences but delays transfer for six months

high court orders d.e. surrendered to uk over alleged child sexual offences but delays transfer for six months [2020] iehc 657 the has ordered surrender of face prosecution three involving a child, postponed because his family's significant care needs. d.e., aged 78, lived with wife and son in west

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Courts Service · 2020-12-10 · courts

Supreme Court restores ruling allowing some Belfry negligence claims to proceed

supreme court restores ruling allowing some belfry negligence claims to proceed the held that increased investment risk alone did not establish damage for limitation purposes. remain time-barred, and appeal concerned only tort claims. has allowed an by investors in property schemes, set aside of app

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Courts Service · 2020-12-10 · courts

Court of Appeal increases Mark O’Dwyer sentence to nine years over €4.17m Ballyfermot drugs operation

court of appeal increases mark o’dwyer sentence to nine years over €4.17m ballyfermot drugs operation the has increased o’dwyer’s from five for his role in a €4.17 million at drive dublin. had pleaded guilty possession sale or supply under section 15a misuse act 1977. gardaí found about 188kg cannab

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Courts Service · 2020-12-10 · courts

Court of Appeal dismisses challenge to interim orders over Ranelagh hostel

court of appeal dismisses challenge to interim orders over ranelagh hostel the said lease dispute remains for a full high hearing and that its decision did not determine whether was valid. [2020] ieca 352 (civil); from has dismissed niall hade’s against concerning property at 7a oakley road, ranelag

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Courts Service · 2020-12-09 · courts

High Court dismisses petition to appoint examiner to Ina’s Kitchen Desserts

high court dismisses petition to appoint examiner ina’s kitchen desserts the found company was likely be unable pay its debts, but held that an not justified on evidence before it. [2020] iehc 644 dismissed a seeking appointment of limited, finding debts protection presented. mr justice quinn delive

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Courts Service · 2020-12-09 · courts

Court of Appeal quashes P.R. sexual assault conviction over imbalance in jury charge

court of appeal quashes p.r. sexual assault conviction over imbalance in jury charge [2020] ieca 347 the has quashed p.r.’s for sexually assaulting a 10-year-old girl after finding that was given an imbalanced account her evidence during trial judge’s charge. alleged occurred overnight stay at famil

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Courts Service · 2020-12-09 · courts

High Court dismisses woman’s claim over fall on school steps

high court dismisses woman’s claim over fall on school steps the found no breach of school’s duty care, ruling that evidence did not establish handrails would have prevented or reduced fall. [2020] iehc 697 has dismissed a personal injury action against scoil mhuire national after she fell at in ard

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Courts Service · 2020-12-08 · courts

High Court refuses challenge to transfer of Nigerian family to UK

high court refuses challenge to transfer of nigerian family uk the held that eu law continued apply transfers during brexit transition period. it refused applicants’ relief, while noting minister had indicated she would decide their separate article 17 request by 16 december 2020. [2020] iehc 648 ha

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Courts Service · 2020-12-08 · courts

High Court rejects Andrew Long challenge over refusal to withdraw guilty pleas

high court rejects andrew long challenge over refusal to withdraw guilty pleas [2020] iehc 631 the has dismissed long's attempt overturn a circuit criminal decision refusing allow him two assault offences. initially pleaded not and went trial before judge jury in march 2018. after refused an applica

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Courts Service · 2020-12-08 · courts

High Court refuses challenge to Iraqi applicant’s UK transfer decision

high court refuses challenge to iraqi applicant’s uk transfer decision the upheld appeal tribunal’s and rejected a request declare unlawful, while noting minister had yet decide separate discretionary application. [2020] iehc 647 has refused an affirming his united kingdom under dublin iii regulatio

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Courts Service · 2020-12-08 · courts

Court of Appeal backs Prison Service method for calculating sentence remission by days

court of appeal backs prison service method for calculating sentence remission by days [2020] ieca 345 the has upheld irish standard rather than calendar months, rejecting an brought cornelius price over a disputed 24 hours in custody. had been sentenced on february 24, 2017 to three years' imprison

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Courts Service · 2020-12-08 · courts

Supreme Court says High Court judges must explain departures from earlier decisions at same level

supreme court says high judges must explain departures from earlier decisions at same level [2020] iesc 000 the has said should ordinarily follow made by courts and why if they decide to depart them. mr justice peter charleton set out principle in a concurring judgment delivered group of family reun

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Courts Service · 2020-12-08 · courts

Court of Appeal upholds liability after shop refused injured customer re-entry

court of appeal upholds liability after shop refused injured customer re-entry the affirmed a €750,243.39 damages award against supermarket operator and security provider, finding they should have readmitted knew had been attacked pursued from shop. [2020] ieca 344 has upheld that cork its provider

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Courts Service · 2020-12-07 · courts

Appeal court restores immigration applicant’s leave costs after one-day service delay

appeal court restores immigration applicant’s leave costs after one-day service delay the of ruled that high should have considered whether to extend a deadline in its order. it allowed and awarded without sending issue back court. [2020] ieca 343 appeal; (prior proceedings) an by sukhpreet singh pu

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Courts Service · 2020-12-05 · courts

Court of Appeal dismisses challenge to Ulster Bank judgment mortgages

court of appeal dismisses challenge to ulster bank judgment mortgages charles mcguinness argued that the affidavits used register against land in three counties were invalid. rejected his grounds and proposed property registration authority receive its costs. [2021] ieca 25 has dismissed mcguinness’

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Courts Service · 2020-12-04 · courts

High Court refuses challenge to quarry consent and planning decisions

high court refuses challenge to quarry consent and planning decisions john moore’s judicial review of an bord pleanála’s for a bellewstown quarry, ireland’s framework 2015 regulations was dismissed. [2020] iehc 652 the has refused application quash pleanála granting kilsaran concrete substitute at b

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Courts Service · 2020-12-04 · courts

High Court refuses quarry operator’s challenge over Clare site

high court refuses quarry operator’s challenge over clare site liscannor stone limited sought to overturn decisions requiring a substitute consent application and challenged the constitutionality of relevant planning law. refused all reliefs. [2020] iehc 651 has limited’s concerning quarrying at sit

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Courts Service · 2020-12-04 · courts

High Court rejects K.'s challenge to refusal to withdraw sexual assault guilty plea

high court rejects k.'s challenge to refusal withdraw sexual assault guilty plea [2020] iehc 542 the has dismissed an attempt by anonymised accused, k., overturn a circuit criminal ruling which refused let him assault. k. had originally pleaded not guilty. during his trial in june and july 2018, jud

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Courts Service · 2020-12-04 · courts

Court of Appeal dismisses challenge to surrender of Irish citizen to Northern Ireland

court of appeal dismisses challenge to surrender irish citizen northern ireland the upheld a high order for surrender, rejecting an argument that ireland’s rules on adverse inferences from silence would egregiously breach appellant’s constitutional rights. [2020] ieca 341 has dismissed by against su

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Courts Service · 2020-12-04 · courts

Court of Appeal says victims need access to information on how criminal injury claims are assessed

court of appeal says victims need access to information on how criminal injury claims are assessed the found that tribunal’s lack about it applies a conduct and character rule was unfair, but left precise remedy for further hearing. rejected or dismissed other grounds, including challenges absence l

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Courts Service · 2020-12-04 · courts

High Court rejects challenge to transfer decision sending protection claim to UK

high court rejects challenge to transfer decision sending protection claim uk the refused quash appeals tribunal’s upholding transfer, finding applicant unsuccessful on both grounds of challenge. [2020] iehc 626 has rejected a lesotho national’s affirming his united kingdom for examination internati

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Courts Service · 2020-12-04 · courts

High Court finds errors in refusal of Spiddal hotel plan, proposes to set decision aside

high court finds errors in refusal of spiddal hotel plan, proposes to set decision aside the found a material factual error about irish water’s treatment plant plans and insufficient evidence for public health concern. it proposed setting an bord pleanála’s remitting appeal, subject written submissi

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Courts Service · 2020-12-04 · courts

High Court awards €1.92m to couple injured after insulation work

high court awards €1.92m to couple injured after insulation work the found their installer negligent over safety warnings and ventilation spray foam was applied at donegal home. it dismissed case against product distributor for lack of evidence. [2020] iehc 704 awarded patrick duffy €1,095,120 anita

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Courts Service · 2020-12-04 · courts

High Court adjourns DAA bid to dismiss ER Travel claim over unpaid security

high court adjourns daa bid to dismiss er travel claim over unpaid security the deferred airport authority’s application july 2021, directing provide financial information and a plan for raising ordered costs. [2020] iehc 629 adjourned dublin limited’s after company failed pay €170,000 mr justice ma

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Courts Service · 2020-12-03 · courts

High Court allows landlord’s appeal over rent for tenant’s notice period

high court allows landlord’s appeal over rent for tenant’s notice period the held that statutory entitlement was not subject to a duty mitigate losses. it left consequential orders later submissions. [2020] iehc 712 has allowed on point of law whether due unserved could be reduced because dwelling r

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Courts Service · 2020-12-03 · courts

High Court rejects Reginald Carroll bid to force Garda and DPP action over neighbour dispute

high court rejects reginald carroll bid to force garda and dpp action over neighbour dispute [2020] iehc 715 the has dismissed a series of judicial review claims brought by arising from long-running at times violent with his neighbours. sought orders compelling gardaí fast-track forensic testing con

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Courts Service · 2020-12-03 · courts

Court of Appeal dismisses challenge to refusal of adjournment

court of appeal dismisses challenge to refusal adjournment the said was moot and, in any event, high judge had acted within discretion allowed managing hearing. underlying set-off issue not decided. [2020] ieca 340 has dismissed john hanrahan’s against a judge’s adjourn hearing his motion concerning

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Courts Service · 2020-12-02 · courts

Three respondents ordered detained indefinitely for contempt over Roscommon property

three respondents ordered detained indefinitely for contempt over roscommon property the high court michael anthony mcgann, kevin taylor and colm granahan until they purge of a 2019 order concerning at falsk, strokestown. adjourned proceedings review on 22 january 2021. [2020] iehc 624 their an requ

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Courts Service · 2020-12-02 · courts

High Court keeps stay on GAA stadium contractor’s payment adjudication

high court keeps stay on gaa stadium contractor’s payment adjudication the refused to lift a while bodies’ challenge adjudicator’s jurisdiction proceeds. it did not decide that challenge. [2020] iehc 623 has application an over claim arising from electrical works at páirc uí chaoimh. mr justice barr

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Courts Service · 2020-12-02 · courts

High Court quashes permission for 661-home Drogheda development

high court quashes permission for 661-home drogheda development the found three legal errors in an bord pleanála’s approval, including a failure to assess possible effects on protected birds and use of mitigation measures at screening stage. [2020] iehc 622 has quashed proposed outskirts drogheda, f

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Courts Service · 2020-12-02 · courts

High Court finds both drivers negligent in Louth crash, assigns 75% of fault to plaintiff

high court finds both drivers negligent in louth crash, assigns 75% of fault to plaintiff the assessed damages at €101,575 before apportionment, but left final form its orders be discussed with counsel. [2020] iehc 698 found over a 2014 collision rassan, hackballscross, county louth, assigning alan

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Courts Service · 2020-12-01 · courts

High Court confirms Jazz Pharmaceuticals’ share premium reduction

high court confirms jazz pharmaceuticals’ share premium reduction the approved cancellation of company’s account after ruling that an increase in shareholder resolution did not prevent confirmation. court, commercial has confirmed a special allowing pharmaceuticals plc to cancel amount its when take

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Courts Service · 2020-12-01 · courts

Court of Appeal dismisses Deacons’ appeals in ACC Bank debt case

court of appeal dismisses deacons’ appeals in acc bank debt case the upheld high judgments against sam and ben deacon, finding that had proved loan agreements. it also dismissed an over parts defence struck out before trial. [2020] ieca 338 has two by deacon proceedings brought bank, upholding for €

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Courts Service · 2020-12-01 · courts

High Court grants receiver interim possession of five Kerry properties

high court grants receiver interim possession of five kerry properties the rejected doyles’ arguments against an interlocutory injunction, including that receiver’s damages undertaking would leave them paying their own compensation. final orders remained to be addressed. [2020] iehc 619 granted john

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Courts Service · 2020-12-01 · courts

Court orders defendant to pay bank’s costs of costs application

court orders defendant to pay bank’s costs of application the appeal kept underlying high proceedings and substantive as in cause, but ordered his change that proposal. [2020] ieca 339 appeal, civil has gerard griffin allied irish bank plc’s proposed order appeal. it directed remain cause. judgment,

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