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Courts Service · 2021-04-30 · courts

High Court awards €121,917.90 after woman was bitten by dog

high court awards €121,917.90 after woman was bitten by dog the award includes €65,000 in general damages, €45,000 for future damages and agreed special of €11,917.90. [2021] iehc 340 court, galway awarded colene killian she a at home martin amy kilduff february 2016. mr justice o’connor delivered j

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Courts Service · 2021-04-30 · courts

High Court refuses Polish surrender warrants after seven-year delay

high court refuses polish surrender warrants after seven-year delay the found that unexplained gap between its 2012 order and renewed proceedings amounted to an abuse of process. [2021] iehc 316 refused a man poland under two european arrest warrants, finding in carrying out earlier court’s mr justi

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Courts Service · 2021-04-30 · courts

High Court stays Irish proceedings over Hong Kong jurisdiction clause

high court stays irish proceedings over hong kong jurisdiction clause the found that a sea waybill governed dispute and plaintiff had not shown strong cause to continue case in ireland. it proposed costs order, subject any further submissions. [2021] iehc 304 has declined hear pharmaceutical goods s

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Courts Service · 2021-04-30 · courts

High Court quashes deportation order after errors in assessment of Somali doctor’s case

high court quashes deportation order after errors in assessment of somali doctor’s case the found minister’s treatment country information, presumption rights protection hungary and applicant’s employment prospects. it did not decide whether would expose her to inhuman or degrading treatment. [2021]

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Courts Service · 2021-04-30 · courts

Court of Appeal orders unsuccessful appellants to pay appeal costs

court of appeal orders unsuccessful appellants to pay costs the declined depart from ordinary rule that follow event after dismissing an against refusal leave. has ordered gemma o’doherty and john waters minister for health ireland, attorney general three notice parties, their high court’s in a ruli

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Courts Service · 2021-04-30 · courts

High Court allows receiver to amend land sale pleadings against five defendants

high court allows receiver to amend land sale pleadings against five defendants the permitted claims concerning delivery of deeds and repayment money be added, but made no finding on whether those will succeed or are time-barred. [2021] iehc 235 has allowed a statutory in dispute over 2004 sale, per

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Courts Service · 2021-04-30 · courts

High Court refuses DPP more time to challenge Circuit Court orders

high court refuses dpp more time to challenge circuit orders the refused an extension for a judicial review application filed about 12 days late, citing lack of adequate explanation delay. [2021] iehc 284 has director public prosecutions (dpp) that reversed custodial sentences imposed on dean o’brie

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Courts Service · 2021-04-30 · courts

High Court refuses late bid to challenge Circuit Court order reversing custodial sentence

high court refuses late bid to challenge circuit order reversing custodial sentence the director of public prosecutions was two months out time in seeking judicial review. refused an extension and said proceedings would be dismissed. [2021] iehc 283 has a two-month imposed on samantha tyndall. revie

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Courts Service · 2021-04-29 · courts

High Court quashes Albanian couple’s protection appeal decisions for fresh review

high court quashes albanian couple’s protection appeal decisions for fresh review the found flaws in tribunal’s credibility reasoning and ordered both appeals returned consideration. it did not decide whether couple qualify international protection. [2021] iehc 295 has quashed refusing by an sent ba

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Courts Service · 2021-04-29 · courts

Court of Appeal orders access to 25 Tribunal decisions and apportions costs

court of appeal orders access to 25 tribunal decisions and apportions costs the directed that paul doyle gary kelly be given redacted in which paragraph 14 criminal injuries compensation scheme was considered. it also set out how appeal, high proceedings a procedural motion are shared. [2020] ieca 1

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Courts Service · 2021-04-29 · courts

High Court dismisses appeal over 31-year mortgage restructure

high court dismisses appeal over 31-year mortgage restructure the was not satisfied that a 69-year-old debtor reasonably likely to meet proposed payments through 372-month term, or repayments were affordable and sustainable. [2021] iehc 297 {'name': 'high court', 'division_or_list': 'circuit appeal'

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Courts Service · 2021-04-29 · courts

High Court lifts stay on Carlow Council’s road and bridge proceedings

high court lifts stay on carlow council’s road and bridge proceedings the ruled that circuit claim for declaratory relief specific performance was outside bankruptcy restriction creditor debt proceedings. it allowed to continue but did not decide its merits. [2021] iehc 331 discharged a county seeki

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Courts Service · 2021-04-28 · courts

High Court sets procedures for approving bankruptcy legal costs

high court sets procedures for approving bankruptcy legal costs the approved €32,656.50 in from one estate and clarified when future payments require approval creditor participation. [2021] iehc 269 {'name': 'high court', 'division_or_list': 'bankruptcy'} arising of m.o’l., a discharged bankrupt, se

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Courts Service · 2021-04-28 · courts

High Court dismisses challenge over bail and temporary release under European Arrest Warrant law

high court dismisses challenge over bail and temporary release under european arrest warrant law the refused a constitutional declaration sought by prisoner whose planned community programme depended on release, finding did not require determination circumstances before it. [2021] iehc 330 dismissed

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Courts Service · 2021-04-28 · courts

Court of Appeal dismisses appeal over minor’s life detention sentence for murder

court of appeal dismisses over minor’s life detention sentence for murder the found no error principle in central criminal court’s life, with a review after 10 years, and said it fell within available range. has dismissed an against severity imposed on minor who pleaded guilty to murder. provides ye

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Courts Service · 2021-04-28 · courts

Court of Appeal orders two boys returned to France after rejecting father’s mask-risk argument

court of appeal orders two boys returned to france after rejecting father’s mask-risk argument the found no plausible evidence that older boy would be harmed by wearing a face mask at school and affirmed high court’s return orders. it allowed short period agree arrangements for children’s return. [2

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Courts Service · 2021-04-28 · courts

High Court refuses Ulster Bank bid to dismiss borrower’s claims

high court refuses ulster bank bid to dismiss borrower’s claims mr justice keane ruled that eoin fannon’s against could not be said bound fail at this stage. the did decide whether alleged repayment agreement existed or any defendant was liable. [2021] iehc 301 court, chancery has refused ireland da

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Courts Service · 2021-04-27 · courts

Court of Appeal dismisses James Osborne’s appeal over €50,000 bank guarantee

court of appeal dismisses james osborne’s over €50,000 bank guarantee the upheld summary judgment for ireland, finding that did not disclose an arguable defence. it proposed order bank’s costs, subject to a 14-day opportunity seek further hearing. [2021] ieca 127 has dismissed against high granting

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Courts Service · 2021-04-27 · courts

High Court refuses consultant’s challenge to HSE disciplinary process

high court refuses consultant’s challenge to hse disciplinary process the held that administrative leave decision was out of time and ceo’s proposed dismissal recommendation premature. it refused all relief, leaving a statutory committee stage still come. [2021] iehc 282 relief sought by consultant

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Courts Service · 2021-04-27 · courts

Court of Appeal refuses security for costs against Irish Racehorse Trainers Association

court of appeal refuses security for costs against irish racehorse trainers association the found was impecunious but held that circumstances did not justify requiring security. it accepted such an order would prevent from pursuing its appeal. [2021] ieca 128 refused application by chris gordon (irt

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Courts Service · 2021-04-27 · courts

High Court quashes Greater Dublin Drainage permission and orders reconsideration

high court quashes greater dublin drainage permission and orders reconsideration the sent irish water’s planning application back to an bord pleanála from point when inspector’s report was submitted, after finding a failure consult epa as required. [2021] iehc 281 has quashed pleanála’s 2019 for pro

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Courts Service · 2021-04-27 · courts

High Court refuses surrender to Poland after earlier ruling on cannabis offence

high court refuses surrender to poland after earlier ruling on cannabis offence the held that a previous, unappealed finding correspondence between one and irish law bound parties in renewed application. [2021] iehc 292 has refused an application rafał klubikowski under european arrest warrant, hold

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Courts Service · 2021-04-27 · courts

Court of Appeal dismisses challenge to convictions after jury-discharge applications

court of appeal dismisses challenge to convictions after jury-discharge applications the found trial judge was entitled address disputed evidence with jury warnings rather than discharge jury. against conviction dismissed. [2021] ieca 126 has dismissed anthony mcnamara’s for violent disorder, produc

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Courts Service · 2021-04-26 · courts

High Court dismisses moot judicial review but awards applicants half their costs

high court dismisses moot judicial review but awards applicants half their costs the said case helped secure a cjeu ruling on dublin iii question affecting hundreds of other cases. [2021] iehc 264 dismissed after minister for justice admitted to protection process, making proceedings moot. it ordere

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Courts Service · 2021-04-26 · courts

Court of Appeal quashes conviction over edited Garda interview material

court of appeal quashes conviction over edited garda interview material the found an error law in excluding it considered central to appellant’s defence. allowed and said order for retrial had already been made. has quashed a after finding that out was considerable significance went core his on one

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Courts Service · 2021-04-26 · courts

Court of Appeal resentences father and son after violent home burglary

court of appeal resentences father and son after violent home burglary the quashed consecutive sentences for assaults, imposed concurrent assault terms, ordered limited suspensions subject to conditions. [2021] ieca 125 on robert devine lee kelly a two assaults at family home, director public prosec

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Courts Service · 2021-04-26 · courts

High Court approves Norwegian airline group’s repudiation of nine contracts

high court approves norwegian airline group’s repudiation of nine contracts the unopposed section 537 application covered airport leases and services, fuel facilities, catering software management. approved but did not determine counterparties’ losses or order a hearing on their amount. [2021] iehc

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Courts Service · 2021-04-23 · courts

High Court quashes most retrospective-planning leave decisions in 11 judicial reviews

high court quashes most retrospective-planning leave decisions in 11 judicial reviews the set aside made under a planning regime later found inconsistent with eu environmental rules, while adjourning two cases where further applications remained possible. [2021] iehc 234 has quashed of that allowed

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Courts Service · 2021-04-23 · courts

High Court to seek EU ruling on access to cabinet records about emissions

high court to seek eu ruling on access cabinet records about emissions the allowed right know pursue its challenge and said it would refer questions confidentiality issue estoppel of justice. did not decide whether must be disclosed. [2021] iehc 233 has proposed referring justice european union gove

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Courts Service · 2021-04-23 · courts

High Court gives family until 25 June to leave property after dismissing tenancy appeal

high court gives family until 25 june to leave property after dismissing tenancy appeal the dismissed tenants’ against a termination notice but allowed them more time vacate, citing circumstances of their children with special needs. each party must bear its own costs. [2021] iehc 310 reynaldo blanc

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Courts Service · 2021-04-23 · courts

Savanagh entitled to cross-examine former GAA trustee in trade mark dispute

savanagh entitled to cross-examine former gaa trustee in trade mark dispute the high court ruled that could serve notice requiring seosamh ó baoill attend for cross-examination on his affidavit. ruling concerns procedure only; ownership remains unresolved. [2021] iehc 278 has securities limited may

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Courts Service · 2021-04-23 · courts

Supreme Court allows German lawyer to represent Klohn without Irish counsel

supreme court allows german lawyer to represent klohn without irish counsel the ruled on representation in remaining stage of klohn’s appeal and set deadlines for written submissions. itself remains be determined. has allowed ms. ohlig volkmar his an accompanying irish-qualified lawyer. said her pri

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Courts Service · 2021-04-23 · courts

High Court orders each party to bear own costs after failed tenancy appeal

high court orders each party to bear own costs after failed tenancy appeal the declined extend tenant’s time leave, but said parties should their of appeal. [2021] iehc 309 has ordered its dismissing a over validity termination notice. it also her request for three months leave property, relying on

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Courts Service · 2021-04-23 · courts

Court of Appeal dismisses challenge to €104,147 tax judgment

court of appeal dismisses challenge to €104,147 tax judgment the affirmed summary for revenue, finding no arguable grounds disturb high court’s order. it proposed an order costs, subject a short submission from appellant. [2021] ieca 115 has dismissed thomas coloe’s against ordering him pay €104,147

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Courts Service · 2021-04-23 · courts

High Court refuses surrender to Romania over absentia sentence concerns

high court refuses surrender to romania over absentia sentence concerns the found that information supplied did not establish respondent’s defence rights were adequately protected in either of two romanian proceedings. [2021] iehc 294 has refused an application a man serve three years and four month

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Courts Service · 2021-04-23 · courts

High Court quashes part of Sierra Leone FGM risk decision over lack of reasons

high court quashes part of sierra leone fgm risk decision over lack reasons the left rejection mother’s individualised account undisturbed but sent separate assessment back for reconsideration. [2021] iehc 290 has quashed a refusing international protection to leonean woman and her son, finding that

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Courts Service · 2021-04-22 · courts

High Court orders modular trial in Emirates passenger injury case

high court orders modular trial in emirates passenger injury case the directed a module to hear evidence about whether passenger’s alleged fall over wired earphones was an “accident” under montreal convention. it did not decide that question or underlying claim. [2021] iehc 298 has ordered personal

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Courts Service · 2021-04-22 · courts

High Court confirms Norwegian Air group restructuring schemes, subject to €4.5bn funding threshold

high court confirms norwegian air group restructuring schemes, subject to €4.5bn funding threshold the approved proposals for five companies after finding them fair and equitable, while their effectiveness remained conditional on approval raising required investment. [2021] iehc 272 confirmed in gro

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Courts Service · 2021-04-22 · courts

High Court sends presidential speech records request back for reconsideration

high court sends presidential speech records request back for reconsideration the held that president’s office was a public authority 2017 about two speeches, but upheld refusal of concerning council state advice on bills. [2021] iehc 273 has allowed part right to know clg’s appeal over access envir

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Courts Service · 2021-04-21 · courts

Court of Appeal sets aside award over pub door injury

court of appeal sets aside award over pub door injury the allowed defendants’ appeal, finding that high had imposed liability on a basis plaintiff not pleaded or established. [2021] ieca 123 has an by three defendants in personal injuries case arising from woman’s finger at dunkineely, county donega

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Courts Service · 2021-04-21 · courts

High Court approves Norwegian Group contract repudiations, orders damages hearing

high court approves norwegian group contract repudiations, orders damages hearing the approved repudiation of contracts opposed by three finance groups, but required a separate to determine their losses. parties later agreed amounts, and that was cancelled. [2021] iehc 268 involving air shuttle rela

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Courts Service · 2021-04-21 · courts

High Court orders each side to bear its own costs after prisoner’s judicial review failed

high court orders each side to bear its own costs after prisoner’s judicial review failed the recommended that applicant’s legal fees be paid under aid – custody issues scheme, despite refusing his application for relief in an earlier ruling. [2021] iehc 308 has ordered respondents and notice party

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Courts Service · 2021-04-20 · courts

High Court sets aside ruling on access to RTÉ climate reporting emails

high court sets aside ruling on access to rté climate reporting emails the found legal errors in commissioner’s decision that were not environmental information and sent matter back for fresh consideration. [2021] iehc 353 has set commissioner information’s refusing right know about rté’s change rep

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Courts Service · 2021-04-20 · courts

Court of Appeal dismisses challenge to convictions in child abuse case

court of appeal dismisses challenge to convictions in child abuse case the rejected all seven grounds appeal, finding no reason doubt fairness trial or safety verdict. has dismissed an by n.r. (otherwise known as n.o’r.) against for nine counts rape and one count cruelty, concluding that none argued

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Courts Service · 2021-04-20 · courts

High Court dismisses challenge to cheese plant permission over climate and environmental assessments

high court dismisses challenge to cheese plant permission over climate and environmental assessments the rejected an taisce’s judicial review of planning for a at belview, holding that board was not required assess milk production sufficiently remote from project. it also dismissed other pleaded gro

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Courts Service · 2021-04-20 · courts

Court of Appeal refuses Mallon leave to add new grounds to appeal

court of appeal refuses mallon leave to add new grounds the rejected an application challenge loan claim’s particulars and supporting evidence for first time on appeal, finding no exceptional reason allow arguments. [2021] ieca 130 has refused cathal permission two his against a €1.9 million summary

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Courts Service · 2021-04-20 · courts

High Court grants leave to challenge end of Dublin visits for Limerick prisoner and her son

high court grants leave to challenge end of dublin visits for limerick prisoner and her son the found an arguable case that ending temporary transfers significantly interfered with charlotte mulhall’s family rights. it ruled 2018 prison transfer was out time. [2021] iehc 267 has granted mulhall purs

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Courts Service · 2021-04-20 · courts

High Court orders surrender to Czech Republic over alleged ATM frauds

high court orders surrender to czech republic over alleged atm frauds the rejected an identity objection, finding respondent was person named in european arrest warrant. whether he committed offences is for proceedings. [2021] iehc 289 has ordered gheorghe patriche’s under a warrant seeking his pros

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Courts Service · 2021-04-20 · courts

Court of Appeal dismisses conviction appeal in sexual offence case

court of appeal dismisses conviction in sexual offence case the rejected challenges to trial judge’s decision not give a corroboration warning and his summary complainant’s recorded evidence. separate sentence remained be heard. has dismissed v.e.’s against convictions for rape, anal rape assault, r

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Courts Service · 2021-04-19 · courts

Court of Appeal rejects conviction and sentence appeals in historic sexual assault case

court of appeal rejects conviction and sentence appeals in historic sexual assault case the upheld trial judge’s decision to admit a complainant’s 2010 disclosure his wife found no error imposed. has dismissed an against by man identified as tf, upholding evidence about 2010. court’s judgment, deliv

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Courts Service · 2021-04-17 · courts

High Court finds hotel quarantine detention lawful in Charlene Heyns inquiry

high court finds hotel quarantine detention lawful in charlene heyns inquiry a judge ruled after an article 40.4 that was detained accordance with law and the challenged provisions were not unconstitutional. later order struck out proceedings; full judgment due by 24 june 2021. [2021] iehc 329 being

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Courts Service · 2021-04-16 · courts

Court of Appeal rejects State’s bid to limit damages for unlawful detention

court of appeal rejects state’s bid to limit damages for unlawful detention the dismissed state defendants’ appeal, holding that irish law does not automatically restrict compensation false imprisonment nominal when lawful might otherwise have been possible. [2021] ieca 113 has an by defendants seek

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Courts Service · 2021-04-16 · courts

High Court rules Ulster Bank email about PAL barrister is not privileged

high court rules ulster bank email about pal barrister is not privileged the decided a preliminary privilege issue in bank’s summary judgment proceedings, finding one 2019 discoverable. it did decide underlying claim or parties’ dispute enforcement. [2021] iehc 324 has ruled that an from ireland dac

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Courts Service · 2021-04-16 · courts

High Court orders reimbursement of fertility case outlays despite plaintiff’s defeat

high court orders reimbursement of fertility case outlays despite plaintiff’s defeat the made no general costs order after finding that a doctor’s unexplained letter contributed to being brought, but ordered defendants pay outlays, including expert fees. [2021] iehc 274 in dismissed negligence reimb

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Courts Service · 2021-04-16 · courts

High Court orders surrender of man to Lithuania under European arrest warrant

high court orders surrender of man to lithuania under european arrest warrant the rejected objections concerning minimum gravity, sentence’s activation and prison conditions before ordering act. [2021] iehc 270 has ordered deividas jarokovas a warrant, after rejecting his sentence he faces risk ill-

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Courts Service · 2021-04-16 · courts

High Court rejects challenge to permission-to-remain decision process

high court rejects challenge to permission-to-remain decision process the held that international protection officers could decide applications in a separate role as of minister, and refused applicant’s request quash his refusal. [2021] iehc 275 has rejected way decisions are made under section 49 a

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Courts Service · 2021-04-16 · courts

Court of Appeal dismisses challenge to refusal to revoke father’s deportation order

court of appeal dismisses challenge to refusal revoke father’s deportation order the found no substantial grounds for judicial review minister’s decision, which weighed children’s family interests against immigration history and state’s interests. [2021] ieca 119 has dismissed an by a nigerian man,

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Courts Service · 2021-04-16 · courts

High Court rejects Albanian man’s challenge to refusal of permission to remain

high court rejects albanian man’s challenge to refusal of permission remain the dismissed a judicial review decision and deportation order, finding applicant had not established grounds quash them. it also ordered him pay respondent’s costs. [2021] iehc 275 has refused an application refusing in ire

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Courts Service · 2021-04-16 · courts

High Court refuses BMW bid to remove it from fatal crash proceedings

high court refuses bmw bid to remove it from fatal crash proceedings the held that defendants had served their third-party notice as soon was reasonably possible. did not decide underlying accident claims. [2021] iehc 339 has refused automotive (ireland) ltd’s application set aside brought against i

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Courts Service · 2021-04-16 · courts

High Court orders surrender to Romania after rejecting prison-conditions objection

high court orders surrender to romania after rejecting prison-conditions objection the found that assurances about respondent’s likely detention conditions meant evidence did not establish a real risk of inhuman or degrading treatment. [2021] iehc 271 has ordered man under european arrest warrant, h

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Courts Service · 2021-04-16 · courts

Court of Appeal overturns €80,000 award in cable worker’s psychiatric injury case

court of appeal overturns €80,000 award in cable worker’s psychiatric injury case the held that a later realisation he had avoided possible did not meet legal requirements for nervous shock claim. it set aside high order and dismissed his [2021] ieca 112 has overturned an to network technician warre

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Courts Service · 2021-04-16 · courts

Court of Appeal makes no costs order after Revenue wins tax jurisdiction appeal

court of appeal makes no costs order after revenue wins tax jurisdiction the found that raised a difficult, systemically important question about commissioners’ jurisdiction, and ordered each side to bear its own costs. [2021] ieca 114 made as commissioners succeeded in an brought by kenny lee over

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Courts Service · 2021-04-16 · courts

High Court bars medical inspector from seeing section 47 reports

high court bars medical inspector from seeing section 47 reports in a matrimonial nullity proceeding, the directed that prepared for specific purpose not be given to appointed inspector, citing risk of introducing hearsay into process. [2021] iehc 860 court, by dr a.b. must professor p.c., court-app

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Courts Service · 2021-04-15 · courts

Court of Appeal dismisses Philippe Cauneze’s latest application over conviction

court of appeal dismisses philippe cauneze’s latest application over conviction the said raised no new or newly discovered facts and was vexatious. it dismissed under section 2 criminal procedure act 1993. has a further by cauneze concerning his for aggravated sexual assault, saying ex tempore judgm

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Courts Service · 2021-04-15 · courts

Court of Appeal upholds restricted access to Ryanair safety report in defamation case

court of appeal upholds restricted access to ryanair safety report in defamation case the dismissed ryanair’s against an order requiring it provide a redacted internal investigation pilot defending claim, subject strict limits on circulation. [2021] ieca 110 has former action. permits under who may

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Courts Service · 2021-04-15 · courts

Court of Appeal refuses to strike out delayed assault and detention claim

court of appeal refuses to strike out delayed assault and detention claim the upheld high court’s refusal dismiss darren fitzpatrick’s claim, finding that garda statements records mitigated general prejudice from delay. it made no on whether any tort occurred. has against state authorities over his

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Courts Service · 2021-04-15 · courts

Supreme Court dismisses Latvian prisoner’s appeal against surrender

supreme court dismisses latvian prisoner’s appeal against surrender the found no basis to refuse over delay in transmitting european arrest warrant, while leaving open possibility of refusal a truly exceptional case supported by cogent evidence. [2021] iesc 25 ireland has dismissed an ivo smits orde

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Courts Service · 2021-04-15 · courts

High Court refuses Irish Water delay application against Leopardstown Inn company

high court refuses irish water delay application against leopardstown inn company the found no inordinate and inexcusable in water’s proceedings over a 2014 water-main breach, refused relief sought by hypertrust ltd. [2021] iehc 323 has an to dismiss claim it damage caused when drilling breached mai

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Courts Service · 2021-04-15 · courts

Supreme Court declares 2009 dismissal decision tainted by bias; remedy to be argued

supreme court declares 2009 dismissal decision tainted by bias; remedy to be argued the ordered written submissions on whether quash decision, remit matter and make declarations about former harbour master’s status entitlements. it also awarded him 50% of his costs in each date. has declared that go

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Courts Service · 2021-04-15 · courts

Supreme Court declines broader declarations but awards Zalewski full appeal costs

supreme court declines broader declarations but awards zalewski full appeal costs in a ruling settling outstanding orders after the judgment, declared two statutory provisions unconstitutional and awarded tomasz his both courts. has declined to make sought by zalewski, while making agreed parties ab

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Courts Service · 2021-04-15 · courts

Court of Appeal dismisses appeal against 18-month detention sentence

court of appeal dismisses against 18-month detention sentence the found no error in sentencing judge’s assessment gravity, delay or mitigation for an offence committed when appellant was 15. has dismissed by v.t. defilement a child aged between 15 and 17. 15, he sentenced on eve his 18th birthday. p

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Courts Service · 2021-04-15 · courts

Court of Appeal upholds refusal to register charge over Wicklow lands

court of appeal upholds refusal to register charge over wicklow lands the ruled that could not be registered on materials and statutory provisions before it, while leaving scope personal representative’s common-law powers undecided. [2021] ieca 109 has upheld property registration authority’s a 2005

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Courts Service · 2021-04-14 · courts

District Court refuses further disclosure request in harassment case

district court refuses further disclosure request in harassment case judge brian o’shea refused an application by patrick cullen for additional material before his summary trial, finding the prosecution had disclosed essential evidence and that remaining requests went beyond what was appropriate cas

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Courts Service · 2021-04-14 · courts

High Court refuses challenge to quarry consents at Hilltown Little

high court refuses challenge to quarry consents at hilltown little the rejected peter sweetman’s judicial review an bord pleanála’s 2018 substitute consent and future planning permission for a in co. meath. [2021] iehc 259 has refused application quash two pleanála decisions concerning kilsarran con

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Courts Service · 2021-04-14 · courts

High Court refuses Cabot’s €100,000 summary judgment bid against the Duffys

high court refuses cabot’s €100,000 summary judgment bid against the duffys sent debt claim to a full hearing, finding cabot had not shown on available evidence that it was entitled sue. ruled within time and guarantee covered loan liabilities. [2021] iehc 360 has refused financial (ireland) ltd’s a

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Courts Service · 2021-04-14 · courts

High Court strikes out former Bank of Ireland Life manager’s dismissal case after 18-year delay

high court strikes out former bank of ireland life manager’s dismissal case after 18-year delay the found in pursuing proceedings was inordinate and inexcusable, that requiring company to defend now would create a serious risk an unfair trial. [2021] iehc 260 has struck financial services wrongful a

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Courts Service · 2021-04-14 · courts

Supreme Court sends Bank of Ireland possession case to plenary hearing

supreme court sends bank of ireland possession case to plenary hearing the allowed bank’s appeal, finding that heather cody’s affidavits raised questions requiring fuller examination but did not establish a defence justified dismissing claim. has mortgage appeal in proceedings concerning registered

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Courts Service · 2021-04-14 · courts

High Court refuses quarry company’s bid to appeal planning judgment

high court refuses quarry company’s bid to appeal planning judgment the said proposed questions did not meet statutory test for an certificate, including because some arise from or could affect case outcome. [2021] iehc 258 has refused liscannor stone limited leave a december 2020 concerning its cha

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Courts Service · 2021-04-13 · courts

Court of Appeal upholds High Court costs order in enduring power dispute

court of appeal upholds high costs order in enduring power dispute the dismissed an by two notice parties, leaving place that they pay six-sevenths attorneys’ costs. it separately ordered them to half respondents’ [2021] ieca 108 has over a about registering attorney, parties concerned only made aft

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Courts Service · 2021-04-13 · courts

High Court rejects Offaly fuel retailer’s VAT appeal

high court rejects offaly fuel retailer’s vat appeal the found that tax commissioner could reasonably conclude retailer should have known his purchases were connected to fraud, but made no finding he had actual knowledge. [2021] iehc 262 has rejected an by service-station owner fergus byrne over €45

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Courts Service · 2021-04-12 · courts

Supreme Court awards costs of opposing leave application

supreme court awards costs of opposing leave application the ordered applicant to pay respondents’ his for appeal, with no additional later applications or submissions. awarded respondents keith harrison’s but made order concerning set aside court’s refusal submissions in application. a ruling dated

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Courts Service · 2021-04-12 · courts

High Court limits notice party’s costs after failed bid to remove company inspectors

high court limits notice party’s costs after failed bid to remove company inspectors robert pitt can recover incurred before the substantive hearing of leslie buckley’s unsuccessful application, but not his representation at eight-day hearing. [2021] iehc 232 has ordered that for participation an ap

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Courts Service · 2021-04-12 · courts

Court of Appeal dismisses challenge over limits on questioning complainant’s sexual history

court of appeal dismisses challenge over limits on questioning complainant’s sexual history the ruled that proposed questions about a consensual activity previous weekend had no relevance facts rape case. [2021] ieca 144 has dismissed an by g.p against his conviction, ruling he sought to put complai

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Courts Service · 2021-04-12 · courts

High Court awards €100,000 to woman injured in fall at Navan restaurant

high court awards €100,000 to woman injured in fall at navan restaurant the assessed damages after judgment had already been entered against owner by default. costs and other outstanding matters were left for a later remote hearing. [2021] iehc 649 awarded catherine mckinnon injuries she suffered th

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Courts Service · 2021-04-12 · courts

Court of Appeal dismisses two challenges to subsidiary protection decisions

court of appeal dismisses two challenges to subsidiary protection decisions the appeals concerned whether officials’ preparatory work on deportation made refusals unlawful. found no breach relevant regulation, objective bias or procedural legitimate expectation. [2021] ieca 106 has dismissed by f.m.

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Courts Service · 2021-04-12 · courts

High Court explains orders freezing assets after €250,000 mask deposit was not repaid

high court explains orders freezing assets after €250,000 mask deposit was not repaid a judgment sets out the procedural steps in uniformal limited’s case against six defendants, including to disclose and freeze funds. defendants did appear. does describe contested trial of underlying claim. [2021]

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Courts Service · 2021-04-12 · courts

High Court limits evidence in challenge to Intel planning permission

high court limits evidence in challenge to intel planning permission the struck out parts of affidavits, set on how some expert could be read, and refused for a further affidavit. underlying judicial review remains heard. [2021] iehc 230 has limited that can used thomas reid’s an bord pleanála’s gra

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Courts Service · 2021-04-12 · courts

High Court rules it can review Polish child non-return order

high court rules it can review polish child non-return order an interim jurisdiction challenge was rejected; a full article 11 hearing on the child’s welfare and custody remains to come. [2019 no.37 hlc] court, family law has rejected mother’s its court’s decision not return her son ireland. ruled t

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Courts Service · 2021-04-08 · courts

Court of Appeal rejects Airbnb appeal over Austrian tax information request

court of appeal rejects airbnb over austrian tax information request the upheld an order requiring ireland to provide revenue with identifying details for hosts 365 rental listings, onward exchange authorities. [2021] ieca 103 has rejected unlimited company’s against it give commissioners about list

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Courts Service · 2021-04-08 · courts

Court of Appeal awards respondents costs of two motions against Gaultier

court of appeal awards respondents costs two motions against gaultier after the appellant’s motion was dismissed and he complied with an unless order, ruled that were entitled to both motions, be adjudicated if parties could not agree. [2021] ieca 105 appeal, civil brought in by arnaud d gaultier, a

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Courts Service · 2021-04-06 · courts

High Court dismisses Promontoria’s summary judgment application against Jaszai and Fried

high court dismisses promontoria’s summary judgment application against jaszai and fried the found evidence inadequate to establish jaszai’s debt or fried’s liability under a guarantee. it invited written submissions on appropriate orders, including costs. [2021] iehc 250 dismissed promontoria (aran

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Courts Service · 2021-04-06 · courts

High Court dismisses receivers’ bid for loan judgment and rent orders

high court dismisses receivers’ bid for loan judgment and rent orders the refused summary interim relief in a dispute over two galway properties, finding debt evidence inadequate entitlement to unclear at this stage. [2021] iehc 249 has dismissed an application by promontoria (aran) limited receiver

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Courts Service · 2021-04-06 · courts

Supreme Court finds WRC employment adjudication procedures unconstitutional

supreme court finds wrc employment adjudication procedures unconstitutional in a judgment dated 6 april 2021, justice john macmenamin concluded that the workplace relations commission’s involved administration of contrary to article 34. extract is his only; it does not include court’s final orders.

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Courts Service · 2021-04-06 · courts

Supreme Court says WRC adjudication scheme breached Constitution

supreme court says wrc adjudication scheme breached constitution in an appeal arising from unfair dismissal claim, the held that workplace relations commission’s process involved administration of justice and was not saved by article 37. had yet to decide precise orders. ireland procedures under act

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Courts Service · 2021-04-06 · courts

Charleton dissents over constitutionality of unfair dismissal system

charleton dissents over constitutionality of unfair dismissal system in a supreme court appeal about the workplace relations act 2015, justice peter argued that cases need access to full factual court. his was dissenting judgment; it did not state court’s outcome. [2020] iesc 000 ireland’s under 201

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Courts Service · 2021-04-01 · courts

Court of Appeal rules child without disability finding was not entitled to service statement

court of appeal rules child without disability finding was not entitled to service statement the answered a case stated on act 2005 in negative, holding that entitlement depends finding. it proposed no order as costs, subject 14-day opportunity seek further hearing. [2021] ieca 101 has ruled assesse

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Courts Service · 2021-04-01 · courts

Court of Appeal dismisses conviction appeal in sexual assault case

court of appeal dismisses conviction in sexual assault case the rejected challenges based on complainant’s evidence and loss potentially relevant through delay. separate sentence was not addressed this judgment. appeal; dublin circuit criminal (trial court) has dismissed a man’s against his for 20 c

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Courts Service · 2021-04-01 · courts

Revenue ordered to pay receivers’ costs after losing directions application

revenue ordered to pay receivers’ costs after losing directions application the high court refused revenue’s requested relief and awarded receivers their reasonable costs. it stayed execution of order pending appeal period any lodged in time. [2021] iehc 251 court, chancery has commissioners aengus

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Courts Service · 2021-04-01 · courts

Court of Appeal rejects prisoner's bid for release over delay in psychiatric hospital admission

court of appeal rejects prisoner's bid for release over delay in psychiatric hospital admission the dismissed an article 40 appeal, finding evidence did not justify order releasing s.m. while he awaited a bed at central mental hospital. [2021] ieca 102 has s.m.’s seeking from cloverhill prison waits

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