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Courts Service · 2021-02-26 · courts

High Court rules €1m Kerry Group shares fall into estate residue

high court rules €1m kerry group shares fall into estate residue the held that a bequest of co-operative did not include distinct plc later acquired through compulsory exchanges. [2021] iehc 127 has ruled 8,937 by late john t. cronin form part his estate’s residue, rather than passing to nephew unde

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Courts Service · 2021-02-26 · courts

High Court raises compensation for daughter’s psychiatric injury and lost career opportunity

high court raises compensation for daughter’s psychiatric injury and lost career opportunity on a de novo appeal, the increased two parts of tribunal award left loss-of-society unchanged. [2021] iehc 129 awarded to j. c. loss following her father’s death, while affirming society. appeal was rehearin

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Courts Service · 2021-02-25 · courts

High Court discharges order giving borrower more time to appeal consent possession orders

high court discharges order giving borrower more time to appeal consent possession orders a waited about six years seek an over and sale made by consent. the ruled that proposed did not justify extending deadline discharged master’s order. [2021] iehc 132 has gave paul connors circuit in 2013. mr ju

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Courts Service · 2021-02-25 · courts

High Court permits sale of former bankrupt’s family home, with six-month stay

high court permits sale of former bankrupt’s family home, with six-month stay the official assignee may sell peter clohessy’s interest in jointly owned home after boundary and access issues are resolved, but must first offer it to respondents at a reasonable market-related price. [2021] iehc 91 cour

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Courts Service · 2021-02-25 · courts

Court of Appeal rejects further damages claim over Parkwest property sale

court of appeal rejects further damages claim over parkwest property sale the left a €76,000 resale shortfall award in place but found sellers had not proved additional interest losses. it also proposed no costs order either court. [2021] ieca 56 has refused to three after finding they that delayed

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Courts Service · 2021-02-25 · courts

NAMA awarded €185,000 security for costs in dispute over €228,000

nama awarded €185,000 security for costs in dispute over €228,000 the high court set at 80% of nama’s estimate, including vat, insolvent company’s claim money it says is held on trust. [2021] iehc 125 ordered tom mcevaddy property limited, trading as nexus homes and liquidation, to provide national

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Courts Service · 2021-02-25 · courts

High Court extends Michael and Carmel Grimes’ bankruptcy to November 2025

high court extends michael and carmel grimes’ bankruptcy to november 2025 the barred their automatic discharge after finding non-cooperation, including failure provide statements of affairs full disclosure. [2021] iehc 77 extended periods grimes by five years, barring until 5 2025. order followed ap

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Courts Service · 2021-02-25 · courts

High Court refuses Albanian applicant’s challenge to protection refusal

high court refuses albanian applicant’s challenge to protection refusal the found no reviewable error in tribunal’s rejection of account, but said its additional alternative assessment served useful purpose. [2021] iehc 126 has refused an his international claim, finding credibility assessment. also

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Courts Service · 2021-02-25 · courts

High Court confirms Cara Pharmacy schemes after scrutiny of payments to former owners

high court confirms cara pharmacy schemes after scrutiny of payments to former owners the found that €400,000 in agreed group’s ultimate beneficial did not unfairly prejudice creditors particular circumstances, while stressing need for advance disclosure future examinerships. [2021] iehc 123 confirm

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Courts Service · 2021-02-25 · courts

High Court certifies three planning questions for appeal in Connolly Station housing case

high court certifies three planning questions for appeal in connolly station housing case the granted oxley holdings leave to on two about non-residential uses and certified a further question interpreting contradictory documents. it did not decide appeal. [2021] iehc 146 has of dispute over propose

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Courts Service · 2021-02-24 · courts

Court of Appeal upholds invalidity of Merck’s combination-drug certificate

court of appeal upholds invalidity merck’s combination-drug certificate the dismissed appeals on two grounds but rejected clonmel healthcare’s challenge to a third. short hearing appeals’ costs remained be listed. [2021] ieca 54 has upheld high court’s decision revoke supplementary protection held b

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Courts Service · 2021-02-24 · courts

Appeal court sends €180,000 dispute between former friends to full hearing

appeal court sends €180,000 dispute between former friends to full hearing the of set aside summary judgment for patrick stafford, finding that disputed accounts a 2005 advance could not be resolved on application. [2021] ieca 116 has sent stafford and thomas murray hearing, setting high order had g

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Courts Service · 2021-02-24 · courts

Court of Appeal dismisses nullity appeal over marriage consent and capacity

court of appeal dismisses nullity over marriage consent and capacity the upheld high court’s refusal to annul marriage, finding evidence did not establish duress or incapacity. it also rejected claims that trial was unfair. [2021] ieca 55 has dismissed an by a r against her petition d r, either inca

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Courts Service · 2021-02-23 · courts

High Court strikes out divorce appeal after delay in progressing case

high court strikes out divorce appeal after delay in progressing case mr justice max barrett found ms b’s securing a solicitor to progress her was inordinate and inexcusable. the struck out; proposed no order as costs unless parties wished make further submissions. [2021] iehc 120 has proceedings, f

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Courts Service · 2021-02-23 · courts

High Court orders Garda recordings disclosed in family proceedings

high court orders garda recordings disclosed in family proceedings justice max barrett ruled that held by an síochána must be discovered to both parties, with further limits and decisions still pending. [2021] iehc 119 the has ordered disclose it holds parties two related law proceedings, finding ma

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Courts Service · 2021-02-23 · courts

High Court says narcolepsy settlement award was within mediator’s reasonable range

high court says narcolepsy settlement award was within mediator’s reasonable range justice kevin cross found no basis to interfere with a €990,000 at this stage, while leaving the agreement’s appeal process retired judge intact. [2021] iehc 124 has that young man and cataplexy did not fall outside o

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Courts Service · 2021-02-23 · courts

High Court dismisses partner’s appeal over Hepatitis C compensation claim

high court dismisses partner’s appeal over hepatitis c compensation claim the ruled that statutory scheme did not allow an uninfected partner of indirectly infected adult child to for loss consortium. [2021] iehc 130 has dismissed by who sought bring a consortium under and hiv tribunal acts. held le

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Courts Service · 2021-02-22 · courts

Court of Appeal grants leave to challenge deportation decision over family circumstances

court of appeal grants leave to challenge deportation decision over family circumstances the allowed an from a refusal for judicial review, finding arguable grounds that minister failed weigh possible grant residence appellant’s partner and her child. it did not decide whether was unlawful. [2021] i

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Courts Service · 2021-02-22 · courts

High Court dismisses challenge over delayed prisoner-transfer legislation

high court dismisses challenge over delayed prisoner-transfer legislation the found state’s failure to implement an eu framework decision was not justiciable in this case, where any potential benefit plaintiff depended on future events. [2021] iehc 162 dismissed liam campbell’s claim that actionable

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Courts Service · 2021-02-22 · courts

High Court sends fraudulent-conveyance case to Cork Circuit Court

high court sends fraudulent-conveyance case to cork circuit the remitted proceedings for a local hearing, finding no unusual legal or factual complexity. underlying allegation remains undecided. [2021] iehc 105 has brought by everyday finance dac over an alleged transfer of charged lands court, wher

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Courts Service · 2021-02-22 · courts

High Court rules Laois planning case can appeal without permission

high court rules laois planning case can appeal without permission the said legacy judicial review proceedings were governed by older rules, while staying council’s costs order pending intended appeal. [2021] iehc 131 has ruled that john mchugh does not need to its refusal of leave bring a against c

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Courts Service · 2021-02-22 · courts

High Court admits priest’s 1997 will to probate after ruling attempted replacement was invalid

high court admits priest’s 1997 will to probate after ruling attempted replacement was invalid the found deceased’s missing original had been revoked only on condition that a would be valid, and appointed his nephew administer estate with annexed. [2021] iehc 117 court, has admitted copy of finding

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Courts Service · 2021-02-22 · courts

High Court refuses bid to set aside renewal of Bank of Ireland summons

high court refuses bid to set aside renewal of bank ireland summons the declined discharge a defendant’s appearance or an order renewing bank’s summons, citing parties’ delays, address changes and potential prejudice. [2021] iehc 121 has refused application by ann sugrue her against karl sugrue. rul

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Courts Service · 2021-02-22 · courts

High Court upholds tax decision disallowing O’Sullivan’s loss relief claim

high court upholds tax decision disallowing o’sullivan’s loss relief claim the found no error of law in appeals commissioner’s that desmond o’sullivan had not proved his claimed investment a property partnership. it also refused to admit additional evidence. [2021] iehc 118 has affirmed determinatio

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Courts Service · 2021-02-19 · courts

High Court orders account update before entering reduced debt judgment

high court orders account update before entering reduced debt judgment the rejected defendants’ proposed defences to a summary claim but directed pepper finance verify credits from recent property sales is entered. [2021] iehc 114 court, commercial corporation (ireland) dac’s claim, ordered company

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Courts Service · 2021-02-19 · courts

Court of Appeal lets limited data protection claim proceed after property appeal

court of appeal lets limited data protection claim proceed after property the upheld orders confirming that a. and b. had no interest in two properties, but allowed b.’s over use an unredacted judgment to continue a full hearing. [2021] ieca 53 declaring estate, right, title or struck out most their

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Courts Service · 2021-02-19 · courts

High Court orders eight years of pre-accident and three months of post-accident medical records

high court orders eight years of pre-accident and three months post-accident medical records the discovery ruling concerns a dispute over whether road accident contributed to later hip replacement. left precise form order costs open for further correspondence or submissions. [2021] iehc 104 has rule

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Courts Service · 2021-02-19 · courts

High Court makes no order on plaintiff’s costs of refused injunction motion

high court makes no order on plaintiff’s costs of refused injunction motion the to make defendants liable for costs, while making their own dependent outcome action. [2021] iehc 112 has ruled an unsuccessful interlocutory application by a garda superintendent who was suspended pay. mr justice allen

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Courts Service · 2021-02-19 · courts

Court of Appeal dismisses Noel Kelleher’s appeal against conviction

court of appeal dismisses noel kelleher’s against conviction the rejected challenges to late changes an indictment and timing a majority-verdict direction, leaving his convictions sentence undisturbed. 61/18 has dismissed for rape, oral attempted rape sexual assault, finding that trial judge’s decis

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Courts Service · 2021-02-19 · courts

High Court rejects Danske Bank appeal over 2006 tracker mortgage complaint

high court rejects danske bank appeal over 2006 tracker mortgage complaint the refused to set aside ombudsman’s decision, which found that had not made clear borrowers were taking out a new and losing their terms. [2021] iehc 116 has a/s’s against financial services pensions ombudsman decision conce

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Courts Service · 2021-02-19 · courts

High Court refuses receivers’ bid for interim possession of Lansdowne Road home

high court refuses receivers’ bid for interim possession of lansdowne road home the found receivers had made a strong case possession, but refused an interlocutory injunction because their delay undermined claimed urgency. underlying action remains to be heard. [2021] iehc 115 court, commercial has

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Courts Service · 2021-02-19 · courts

Court orders independent review of sale costs in AIB–ADM property dispute

court orders independent review of sale costs in aib–adm property dispute the appeal set priority rules for from a sale, replaced high award with no order, and left creditors’ respective shares proceeds to be agreed or resolved later. [2021] ieca 49 has directed an legal accountant sale-related betw

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Courts Service · 2021-02-19 · courts

High Court refuses Revenue bid over preferential debts in hotel receivership

high court refuses revenue bid over preferential debts in hotel receivership the found that repayment of a loan was cost receivership, not payment principal or interest under company debenture. other complaints about receivers’ accounting were premature on evidence before it. [2021] iehc 110 court,

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Courts Service · 2021-02-19 · courts

Foundation wins injunction costs against man in land dispute

foundation wins injunction costs against man in land dispute the high court ordered david egar to pay alfred beit foundation’s of its successful interlocutory application, with amount be assessed if parties cannot agree. [2021] iehc 111 application for an over land. are adjudicated upon agree, and d

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Courts Service · 2021-02-19 · courts

Court of Appeal dismisses Noel Kelleher’s challenge to convictions

court of appeal dismisses noel kelleher’s challenge to convictions the rejected arguments over late indictment amendments and timing a jury majority-verdict direction, leaving in place. [2021] ieca 52 has dismissed against for rape, oral attempted rape sexual assault, finding that trial judge’s deci

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Courts Service · 2021-02-18 · courts

Court of Appeal dismisses Thomas Bates’s appeal against conspiracy convictions

court of appeal dismisses thomas bates’s against conspiracy convictions the rejected eight grounds appeal, finding no unfairness in trial or reason to doubt safety verdict. a fourth count had not resulted conviction. [2021] ieca 45 has dismissed his for conspiring possess firearm, ammunition and an

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Courts Service · 2021-02-18 · courts

Court of Appeal dismisses challenge to conviction on 17 sexual offence counts

court of appeal dismisses challenge to conviction on 17 sexual offence counts the rejected three grounds appeal, concerning a voluntary interview, witness’s earlier statement and an amendment dates in one count. has dismissed against by man identified as a.b., upholding his offences stepdaughter. co

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Courts Service · 2021-02-18 · courts

Court of Appeal dismisses challenge to IRA membership conviction

court of appeal dismisses challenge to ira membership conviction the upheld special criminal court’s use garda belief evidence and inferences from unanswered interview questions, finding no unfairness or safety issue with conviction. [2021] ieca 44 has dismissed conor metcalfe’s against his for ira,

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Courts Service · 2021-02-18 · courts

Supreme Court confirms liquidator must personally pay appeal costs

supreme court confirms liquidator must personally pay appeal costs the affirmed order against and barred him from using company assets to meet both appeals. has an requiring of eteams international (in liquidation) his personally, clarified that he cannot use either or appeal. ruling on costs, dated

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Courts Service · 2021-02-18 · courts

Court of Appeal awards costs to Lady Magda’s owners after unsuccessful appeal

court of appeal awards costs to lady magda’s owners after unsuccessful the rejected agents’ request avoid usual consequence and granted a limited stay on enforcement payment security. [2021] ieca 51 has awarded m/v “lady magda” an brought by atlas baltic oü, described in judgment as agents. it also

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Courts Service · 2021-02-18 · courts

High Court dismisses appeal over delayed enforcement of €22,408 judgment

high court dismisses appeal over delayed enforcement of €22,408 judgment the refused leave to seek an execution order, finding six-year delay was caused solely by creditor’s inaction. [2021] iehc 103 has dismissed jason hayde against a refusal let him order on 2011 h & t contractors limited. said at

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Courts Service · 2021-02-18 · courts

Supreme Court dismisses appeal in rape case involving two women

supreme court dismisses appeal in rape case involving two women the said evidence from each woman could have supported other’s account, but found no error jury directions given at trial. [2020] iesc 000 has dismissed clement limen’s against convictions arising a party his apartment june 2014, where

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Courts Service · 2021-02-18 · courts

Appeal dismissed over transfer of possession order to mortgage successor

appeal dismissed over transfer of possession order to mortgage successor the court upheld procedural orders allowing cheldon property finance be named as plaintiff and seek execution an existing order. did not revisit decision itself. [2021] ieca 48 has jerry beades’s against dac replace permanent t

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Courts Service · 2021-02-18 · courts

Supreme Court dismisses appeal over jury directions in rape trial involving two complainants

supreme court dismisses appeal over jury directions in rape trial involving two complainants the held that evidence from each complainant was admissible across counts because allegations arose one intertwined incident. it dismissed against convictions. has an by clement limen his convictions for rap

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Courts Service · 2021-02-18 · courts

Court of Appeal dismisses challenge to mortgage lender’s High Court substitution

court of appeal dismisses challenge to mortgage lender’s high substitution the upheld refusal cross-examine a legal manager and confirmed that could hear application while other appeals were pending. [2021] ieca 46 has dismissed jerry beades’s against order naming everyday finance dac as sole plaint

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Courts Service · 2021-02-17 · courts

Court of Appeal dismisses challenge to bank’s execution order

court of appeal dismisses challenge to bank’s execution order the upheld leave execute a 2008 possession over two mortgaged dublin properties, while recording that bank had disposed its mortgage interest before hearing. [2021] ieca 41 has dismissed jerry beades’s against an allowing kbc ireland plc

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Courts Service · 2021-02-17 · courts

Court of Appeal upholds refusal to halt receiver’s sale of Dublin commercial property

court of appeal upholds refusal to halt receiver’s sale dublin commercial property the found a fair issue be tried over appointment, but said appellants had not shown that would cause them financial loss or justify an injunction. [2021] ieca 38 has upheld interlocutory injunction sought by pat ryan

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Courts Service · 2021-02-17 · courts

Court of Appeal joins Pepper Finance to two pending mortgage appeals

court of appeal joins pepper finance to two pending mortgage appeals the allowed participate as a co-respondent after finding, for this procedural application, that it had shown sufficient interest in appeals. did not decide any substantive issue about underlying claims or pepper’s ultimate entitlem

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Courts Service · 2021-02-16 · courts

Court of Appeal overturns injunction in CFO’s probationary dismissal case

court of appeal overturns injunction in cfo’s probationary dismissal case the held that employee had not shown a strong for an over his termination poor performance during probation, and vacated high order. [2021] ieca 37 has overturned required over-c technology limited to continue paying former ch

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Courts Service · 2021-02-16 · courts

High Court makes no order for costs in protected disclosures appeal

high court makes no order for costs in protected disclosures appeal after rejecting andrew conway’s december 2020, the said special approach labour appeals supported making costs, although amended rule did not apply directly to this case. [2021] iehc 503 made against a decision under act 2014. judgm

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Courts Service · 2021-02-15 · courts

High Court refuses Buckley application to revoke inspectors’ appointment

high court refuses buckley application to revoke inspectors’ appointment the dismissed challenge, finding that alleged errors in draft statements could not support an inference of objective bias under cited supreme authorities. [2021] iehc 101 has refused leslie buckley’s inspectors investigating af

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Courts Service · 2021-02-15 · courts

High Court orders four assets forfeited after finding links to cannabis proceeds

high court orders four assets forfeited after finding links to cannabis proceeds the granted criminal bureau’s application under proceeds-of-crime legislation, three houses and a bank-account balance were acquired with or connected proceeds. [2021] iehc 107 has ordered forfeiture of that all crime,

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Courts Service · 2021-02-15 · courts

High Court grants two further requests to use INM inspection material

high court grants two further requests to use inm inspection material the also ordered vincent crowley pay costs on earlier applications, with enforcement paused only while an appeal is pursued. [2021] iehc 102 has granted joe webb and mr godson leave affidavits exhibits from proceedings concerning

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Courts Service · 2021-02-12 · courts

High Court awards costs against plaintiff in particulars appeal

high court awards costs against plaintiff in particulars appeal the ordered michael jeffers to pay appellants’ of and circuit application, while allowing eight weeks after perfection order for replies particulars. [2021] iehc 98 has awarded a who unsuccessfully opposed an concerning sought his claim

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Courts Service · 2021-02-12 · courts

High Court orders Gardaí to provide family recordings for private review

high court orders gardaí to provide family recordings for private review the has not yet decided whether should be disclosed either party. it ordered copies sent within five days an assessment of relevance and competing public interests. [2021] iehc 96 garda síochána identified in proceedings involv

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Courts Service · 2021-02-12 · courts

High Court quashes refusal of Georgian applicant’s subsidiary protection claim

high court quashes refusal of georgian applicant’s subsidiary protection claim the found that appeals tribunal failed to address a statutory presumption arising from accepted threats and did not explain how it assessed evidence about police in georgia. [2021] iehc 106 has quashed for protection, fin

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Courts Service · 2021-02-12 · courts

Supreme Court rejects challenge to detention powers under Offences Against the State Act

supreme court rejects challenge to detention powers under offences against the state act dismissed kevin braney’s appeal, ruling that rules allowing a senior garda officer extend for up 24 hours did not breach constitution or european convention on human rights. [2021] iesc 7 has constitutionality a

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Courts Service · 2021-02-12 · courts

Court of Appeal rules altered will can proceed to probate with illegible passages blank

court of appeal rules altered will can proceed to probate with illegible passages blank the treated two obliterations as blanks, disregarded an unexecuted added word and held rest valid. it also ordered high costs be paid from estate. [2021] ieca 28 ruled that mary philomena maureen mcenroe could ad

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Courts Service · 2021-02-11 · courts

Insurer awarded costs after High Court rejects bid to avoid liability

insurer awarded costs after high court rejects bid to avoid liability the ordered for liberty insurance dismissing stephanie moloney’s claim against it in a december 2020 judgment. february ruling addressed only. [2021] iehc 99 has moloney pay of dac her judgment delivered 2020. separate on 11 2021,

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Courts Service · 2021-02-11 · courts

High Court declares Latzur receiver appointed under fixed security, awards Chelsey 20% of costs

high court declares latzur receiver appointed under fixed security, awards chelsey 20% of costs the directed that investissements sa recover a net its application from revenue and stayed orders through appeal period, or any appeal. [2021] iehc 94 declared limited was over company’s assets undertakin

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Courts Service · 2021-02-10 · courts

Supreme Court declares two citizenship revocation safeguards invalid

supreme court declares two citizenship revocation safeguards invalid the ruled that sections 19(2) and 19(3) of irish nationality act 1956 were unconstitutional. it left power related provisions in place, but said cannot proceed without a new process meeting natural justice requirements. has declare

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Courts Service · 2021-02-10 · courts

High Court dismisses challenge to refusal of Wicklow rural home

high court dismisses challenge to refusal of wicklow rural home the dismissed a judicial review brought by an anonymised applicant, finding no basis overturn bord pleanála’s planning permission for separate dwelling. [2021] iehc 70 has challenging dwelling in co wicklow. did not reconsider merits or

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Courts Service · 2021-02-10 · courts

High Court refuses to stop University of Limerick investigation into pension credits

high court refuses to stop university of limerick investigation into pension credits dr thomas foy sought an interim injunction, arguing a 2018 settlement barred the from investigating his alleged role in granted former employee. refused application; had not yet begun. [2021] iehc 87 has foy’s appli

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Courts Service · 2021-02-10 · courts

High Court remits insurance complaint for fresh review and grants Ombudsman leave to seek appeal

high court remits insurance complaint for fresh review and grants ombudsman leave to seek appeal a different decision-maker must reconsider the in light of court’s principal judgment. may ask three questions law. [2021] iehc 23 has sent an back financial services pensions by decision-maker, granted

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Courts Service · 2021-02-10 · courts

High Court refuses 20-year-late appeal bid over solicitor misconduct finding

high court refuses 20-year-late appeal bid over solicitor misconduct finding the declined to extend time for an appeal, proposed grounds did not meet required threshold and that delay created a real risk of prejudice. [2021] iehc 148 has refused application by john colm murphy appealing 1999 discipl

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Courts Service · 2021-02-10 · courts

High Court sets aside immigration case orders after DNA test disproves paternity claim

high court sets aside immigration case orders after dna test disproves paternity claim the found that b.s. (india) was not infant applicant’s father, ended deportation injunction and awarded respondents their costs on an indemnity basis. [2021] iehc 76 has set findings in favour of two anonymised ap

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Courts Service · 2021-02-10 · courts

High Court orders surrender to UK after dismissing three objections

high court orders surrender to uk after dismissing three objections the rejected arguments about specialty, prison safety and uk’s eu withdrawal, ordered serve a six-and-a-half-year sentence. [2021] iehc 95 has of respondent united kingdom six-year-and-six-month sentence imposed there in 2018. mr ju

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Courts Service · 2021-02-09 · courts

Court of Appeal refuses retrial after finding trial judge erred in directing acquittals

court of appeal refuses retrial after finding trial judge erred in directing acquittals the held that evidence could have gone to a jury, but refused third trial, citing combined effect elapsed time and other case-specific circumstances. [2021] ieca 32 (source ocr/rendering reads “[20211 32”) crimin

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Courts Service · 2021-02-09 · courts

High Court dismisses challenge to Dublin begging conviction and suspended sentence

high court dismisses challenge to dublin begging conviction and suspended sentence the held that district could remove surplus wording from charge sheet found no basis overturn its order. [2021] iehc 60 has dismissed a judicial review woman’s for obstructing pedestrians while in dublin, 14-day priso

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Courts Service · 2021-02-09 · courts

High Court allows fee-simple purchase of Kevin Street plot, rejects claim over fire-escape land

high court allows fee-simple purchase of kevin street plot, rejects claim over fire-escape land the ruled that technological university dublin could acquire held under its 1952 lease, but not a separate plot 1978 lease. it varied circuit decision and reserved price for further submissions. [2021] ie

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Courts Service · 2021-02-09 · courts

High Court refuses challenge to Pakistani man’s deportation order

high court refuses challenge to pakistani man’s deportation order the rejected a judicial review of minister’s refusal grant permission remain, finding challenges decision and had not been established. [2021] iehc 100 has refused national’s refusing him remain in ireland made against him. it also or

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Courts Service · 2021-02-08 · courts

Court of Appeal dismisses challenge to four-year sentences for child defilement

court of appeal dismisses challenge to four-year sentences for child defilement the upheld concurrent after finding offences involved coercion, recording and threats, that sentencing judge had properly weighed mitigation. has dismissed j.mcd.’s against severity two prison a under 15. run concurrentl

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Courts Service · 2021-02-08 · courts

High Court orders surrender to Lithuania after rejecting prison conditions objection

high court orders surrender to lithuania after rejecting prison conditions objection the found respondent had not established a real risk of treatment contrary article 3 european convention on human rights. [2021] iehc 90 has ordered man face prosecution for two alleged theft-type offences his based

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Courts Service · 2021-02-08 · courts

High Court orders surrender to UK after rejecting objections to eight-year sentence

high court orders surrender to uk after rejecting objections eight-year sentence the dismissed challenges based on respondent’s absence from trial and a deportation recommendation, then ordered under european arrest warrant act. [2021] iehc 89 salman shahzad’s united kingdom serve an prison for cons

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Courts Service · 2021-02-08 · courts

High Court quashes refusal of permission to remain after finding reasons inadequate

high court quashes refusal of permission to remain after finding reasons inadequate the found that minister’s review did not explain how new evidence about y’s claimed membership a congolese lay organisation affected assessment return risk. it extended time for judicial and quashed decision. [2021]

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Courts Service · 2021-02-08 · courts

Supreme Court allows Gibbons’ solicitors to come off record, sets costs hearing

supreme court allows gibbons’ solicitors to come off record, sets costs hearing after the firm sought withdraw amid a fee dispute, ordered it could cease acting and set deadlines for remaining issues. had not yet been decided in this ruling. {'name': 'supreme court'} has allowed eugene f collins joh

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Courts Service · 2021-02-08 · courts

High Court orders fully remote trial in decade-old bank loan dispute

high court orders fully remote trial in decade-old bank loan dispute mr justice brian o’moore ruled that the six-week could proceed remotely on trialview, with safeguards for witnesses and parties. order did not decide underlying fraud claims. [2021] iehc 83 has directed a long-running between irish

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Courts Service · 2021-02-08 · courts

Court of Appeal replaces sentence in witness intimidation case with six years

court of appeal replaces sentence in witness intimidation case with six years the found original four-and-a-half-year term unduly lenient and imposed concurrent sentences for two offences an assault, backdated to november 2018. [2021] ieca 30 has replaced a on derek lennon terms four years, three-an

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Courts Service · 2021-02-08 · courts

High Court rules toll revenue share cannot reduce Kinnegad bypass valuation

high court rules toll revenue share cannot reduce kinnegad bypass valuation the upheld tribunal’s decision that eurolink’s payments to transport infrastructure ireland under its ppp agreement were not deductible when calculating franchise’s net annual value. [2021] iehc 84 has a tribunal eurolink mo

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Courts Service · 2021-02-05 · courts

Court of Appeal dismisses worker’s claim over Dundalk staircase fall

court of appeal dismisses worker’s claim over dundalk staircase fall the set aside a €110,000 high award, finding evidence did not support claims that leaking skylight, worn stair nosing or inadequate training caused accident. [2021] ieca 29 has allowed an electricity supply board and dismissed tere

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Courts Service · 2021-02-05 · courts

High Court refuses approval of proposed insolvency arrangement despite finding debtor eligible

high court refuses approval of proposed insolvency arrangement despite finding debtor eligible the found a qualifying debt and considered reasonably likely to meet arrangement’s terms, but declined confirm it because substantial write-off performing mortgage was unfair in circumstances. [2021] iehc

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Courts Service · 2021-02-05 · courts

Court of Appeal overturns ESB liability finding in stairway fall case

court of appeal overturns esb liability finding in stairway fall case the allowed esb’s appeal, ruling that high court’s could not stand because key evidence conflicts were unexplained and pleaded had been established. [2021] ieca 29 has an by electricity supply board (esb) against a personal injury

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Courts Service · 2021-02-05 · courts

High Court adjourns challenge to Donegal waste site for 12 months

high court adjourns challenge to donegal waste site for 12 months the found evidence that a shed remained after it should have been demolished, but made no enforcement order. adjourned proceedings allow planning applications proceed. [2021] iehc 97 operations at in labbadish, manorcunningham, co don

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Courts Service · 2021-02-04 · courts

High Court refuses to restrain €134,713 bond payment in construction dispute

high court refuses to restrain €134,713 bond payment in construction dispute the found subcontractor had not shown that fraud was only realistic inference from joint venture’s demand. it did decide whether underlying claims would succeed. [2021] iehc 79 refused an interlocutory injunction sought by

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Courts Service · 2021-02-04 · courts

Court of Appeal refuses leave to challenge Garda complaint investigation

court of appeal refuses leave to challenge garda complaint investigation the dismissed stephen murphy’s from refusal for judicial review, finding no arguable basis or gsoc’s review. [2021] ieca 26 has refused against a high decision denying him bring review proceedings over handling garda. it affirm

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Courts Service · 2021-02-04 · courts

High Court allows Polish surrender request except for one drug precursor offence

high court allows polish surrender request except for one drug precursor offence the rejected objections to under four european arrest warrants, but found there was not enough information establish that alleged possession would also be a crime in ireland. [2021] iehc 109 has ruled wojciech orlowski

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Courts Service · 2021-02-04 · courts

High Court declines to strike out defamation action over correction-order dispute

high court declines to strike out defamation action over correction-order dispute mr justice allen rejected the defendants’ bid dismiss william egan’s case, but ruled that he could pursue it only as an for damages. precise form of order remained be settled. [2021] iehc 75 {'name': 'high court', 'jur

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Courts Service · 2021-02-04 · courts

Court of Appeal dismisses rape conviction appeal over corroboration warning

court of appeal dismisses rape conviction over corroboration warning the held that trial judge had discretion how to explain possible weight distress evidence and adequately directed jury in this case. [85/2019] appeal; central criminal has dismissed alan hanley’s against his for rape, ruling was no

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Courts Service · 2021-02-04 · courts

High Court orders surrender to Poland after rejecting objections

high court orders surrender to poland after rejecting objections the found evidence did not establish a real risk that respondent would face flagrant denial of justice or trial before tribunal established by law. [2021] iehc 108 has ordered man under european arrest warrant, his concerning pre-trial

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Courts Service · 2021-02-04 · courts

RAAP wins preliminary ruling on performers’ remuneration rights

raap wins preliminary ruling on performers’ remuneration rights the high court ordered declarations eu law and irish transposition, awarded costs against defendants jointly severally, reserved one earlier issue for trial judge. [2021] iehc 22 has ruled that requires performers whose performances are

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Courts Service · 2021-02-04 · courts

Court upholds suspended sentence for Sinnott, increases sentences for Long and Joyce

court upholds suspended sentence for sinnott, increases sentences long and joyce the of appeal refused dpp’s undue-leniency application against samantha but quashed imposed on ciarán bernard resentenced both to immediate custody. upheld sinnott’s 12-month money laundering, finding that dpp had not m

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Courts Service · 2021-02-03 · courts

High Court quashes refusal to readmit DRC applicant to protection process

high court quashes refusal to readmit drc applicant protection process the found tribunal’s assessment of evidence about risk returned failed asylum seekers irrational, while stressing that applicant’s claim had not thereby been decided. [2021] iehc 86 has quashed a tribunal recommendation refusing

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Courts Service · 2021-02-03 · courts

Court of Appeal refuses to annul discharged bankrupt’s adjudication

court of appeal refuses to annul discharged bankrupt’s adjudication the held that mortgage overcharging did not show debtor ought have been declared bankrupt, given her wider insolvency and interests other creditors. [2021] ieca 24 has refused bankruptcy a woman whose lender later acknowledged it ha

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Courts Service · 2021-02-02 · courts

Court of Appeal dismisses appeal against eight-year sentence for indecent assaults

court of appeal dismisses against eight-year sentence for indecent assaults the found no sentencing error, holding that offences four boys was proportionate after accounting offender’s earlier six-year similar six other boys. has dismissed david o’brien’s severity an imposed on who were members scou

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Courts Service · 2021-02-02 · courts

Court of Appeal awards costs and orders €20,000 interim payment after appeal dismissal

court of appeal awards costs and orders €20,000 interim payment after dismissal the awarded to taxing master notice party, declined order solicitor-and-client costs, directed an subject undertaking repay any excess. [2021] ieca 23 respondent party dismissing anthony j. fitzpatrick’s appeal, ordered

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Courts Service · 2021-02-02 · courts

High Court agrees to transfer Achill Sound development’s common lands to owners’ management company

high court agrees to transfer achill sound development’s common lands owners’ management company the found it had power appoint bárr na farraige owner’s as trustee and make a vesting order, but left order’s form be settled. [2021] iehc 71 has agreed limited by guarantee of at development in sound, c

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Courts Service · 2021-02-02 · courts

Court of Appeal refuses Gilead appeal over Truvada protection certificate

court of appeal refuses gilead over truvada protection certificate the upheld high decision revoking certificate, finding that patent did not necessarily require combination tenofovir disoproxil and emtricitabine. has refused an by sciences a supplementary (spc) for truvada, (td) emtricitabine (ftc)

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Courts Service · 2021-02-02 · courts

High Court approves adoption without consulting uncontactable father

high court approves adoption without consulting uncontactable father the approved authority’s application under section 30(3), finding that attempts to locate and consult child’s had failed consultation was inappropriate in circumstances. [2021] iehc 378 court, family law authority of ireland’s make

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Courts Service · 2021-02-02 · courts

Court of Appeal dismisses challenge to three-year sentence over attacks on gardaí

court of appeal dismisses challenge to three-year sentence over attacks on gardaí the upheld sentencing judge’s decision not backdate or suspend part it, finding no error in exercise his discretion. has dismissed an against a prison imposed man who pleaded guilty assaulting two gardaí, producing iro

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Courts Service · 2021-02-02 · courts

High Court refuses interim orders in Aer Lingus cabin crew employment dispute

high court refuses interim orders in aer lingus cabin crew employment dispute justice allen found lorcan delaney had not shown a strong case likely to succeed or real risk of injustice if the requested were refused. underlying action remains separate from motion decided this judgment. [2021] iehc 72

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Courts Service · 2021-02-01 · courts

Court of Appeal upholds re-entry to enforce solicitors’ €8.4m settlement

court of appeal upholds re-entry to enforce solicitors’ €8.4m settlement the dismissed an over whether proceedings could be re-entered seek judgment for unpaid instalments, while holding that any claim remains subject limitation periods. [2021] ieca 20 has by peter costigan and others practising as

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Courts Service · 2021-02-01 · courts

High Court rejects challenge to refusal of residence card retention

high court rejects challenge to refusal of residence card retention the found that applicant had received relevant information before immigration review decision and minister was not required provide underlying documents at stage. [2021] iehc 85 has refused a pakistani national’s judicial refusing h

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Courts Service · 2021-02-01 · courts

High Court orders inquiry into solicitor complaint over alleged false witnessing and misleading letters

high court orders inquiry into solicitor complaint over alleged false witnessing and misleading letters the found a prima facie case on two groups of allegations directed disciplinary inquiry, while dismissing appeal remaining complaints. [2021] iehc 41 has solicitors tribunal to hold an that falsel

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Courts Service · 2021-02-01 · courts

High Court orders surrender to Poland after dismissing objections

high court orders surrender to poland after dismissing objections the rejected challenges based on warrant’s detail, delay, alleged risk of ill-treatment and absence at proceedings. it ordered under european arrest warrant act. [2021] iehc 74 sławomir kazimierz langowski his a seeking enforcement tw

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Courts Service · 2021-02-01 · courts

High Court refuses bid to cross-examine director before amendment hearing

high court refuses bid to cross-examine director before amendment hearing the said dispute over two companies’ migrations should not turn a procedural application into mini-trial; underlying issues may be contested at trial if they remain in dispute. court, commercial refused eurotoaz limited and an

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Courts Service · 2021-02-01 · courts

High Court refuses late challenge to Laois quarry decision

high court refuses late challenge to laois quarry decision the dismissed an application for leave seek judicial review of a 2006 council letter, finding no good reason extend time limit. costs and any appeal procedure remained be addressed. [2021] iehc 21 has refused john mchugh county letter concer

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Courts Service · 2021-02-01 · courts

High Court orders applicants to pay costs after failed social welfare challenge

high court orders applicants to pay costs after failed social welfare challenge the ruling addressed had dismissed a judicial review on four grounds. it declined depart from usual rule that follow event. [2021] iehc 66 has ruled must respondents’ losing concerning jobseeker’s allowance and residence

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Courts Service · 2021-02-01 · courts

High Court refuses to set aside renewal of personal injury summons

high court refuses to set aside renewal of personal injury summons the found that plaintiff had shown good reason for in circumstances, including early notice her claim and effect refusal. ruling concerns service proceedings, not liability accident. [2021] iehc 67 has refused an application by colle

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Courts Service · 2021-02-01 · courts

Court of Appeal cuts cannabis courier’s sentence from 12 years to five years and four months

court of appeal cuts cannabis courier’s sentence from 12 years to five and four months the quashed original after finding its 16-year starting point excessive, then imposed a reduced below statutory minimum because circumstances made 10-year term unjust. has man who pleaded guilty transporting worth

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Courts Service · 2021-02-01 · courts

High Court awards plaintiff costs after refusing to dismiss delayed claim

high court awards plaintiff costs after refusing to dismiss delayed claim the ordered defendant pay across three courts and of hearing, with execution stayed until action is finally determined. [2021] iehc 42 court, dublin has okr group kestutis naudziunas’s an application strike out his proceedings

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