Courts Service · 2021-07-30 · courts
supreme court awards appeal costs to doherty in gibbons land dispute the said gibbons’s conduct accepting adt as purchaser barred him from obtaining specific performance, and left lower courts’ orders unchanged. awarded daniel of john over a contract sell donegal, declined alter made by high appeal.
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Courts Service · 2021-07-30 · courts
high court refuses surrender of florin-marius pleşca to romania over merged prison sentence [2021] iehc 582 the has refused an application serve a two-year-and-ten-month covering series road traffic and other offences. romanian authorities issued european arrest warrant in january 2020 relating 11 c
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Courts Service · 2021-07-30 · courts
high court dismisses property-sale proceedings and refuses stay pending appeal the dismissed rosemary crowley’s after finding that service of summons had not been established within time. it also ordered her to pay ken fennell’s reasonable costs two applications, but did decide underlying contract d
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Courts Service · 2021-07-30 · courts
high court awards former garda €150,000 over psychological injuries after armed robbery the awarded €100,000 in general damages and €50,000 for loss of career opportunity, but rejected a claim past future earnings. [2021] iehc 652 gavin ryan compensation finding that post-traumatic stress disorder w
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Courts Service · 2021-07-30 · courts
court orders b. to pay half of respondent’s high costs the appeal ruled on after was unsuccessful all but one narrow ground. it made no order for itself. [2021] ieca 218 has ordered shawl property investments limited’s claim and counterclaim, along with interim interlocutory costs, be taxed ascertai
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Courts Service · 2021-07-30 · courts
high court finds strand road cycleway needs environmental assessments and planning process the held that dublin city council’s screening reports were fundamentally flawed because they treated proposed as temporary. it found for applicants, with final orders still to be made. [2021] iehc 544 could no
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Courts Service · 2021-07-30 · courts
court reduces sentence for man who secretly filmed child in family bathroom [2021] ieca 222 of appeal the has reduced imposed on a sexually assaulted and later used hidden camera to film her undressing showering bathroom. appellant, identified only as s.l., had been relationship with child's mother
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Courts Service · 2021-07-30 · courts
court of appeal allows wind farm developer’s over turbine operation order the held that residents could not challenge an unreviewed planning compliance decision in enforcement proceedings. it allowed and did decide whether changes were material. [2021] ieca 217 has by barranafaddock sustainable elec
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Courts Service · 2021-07-30 · courts
court of appeal dismisses ira membership conviction the rejected four challenges to trial, including arguments about appellant’s arrest, surveillance evidence, cross-examination and statutory inferences. [2021] ieca 223 has dismissed an against ciaran maguire for unlawful organisation, leaving in pl
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Courts Service · 2021-07-30 · courts
high court orders removal of gates blocking access to kerry housing development parking the allowed county council’s appeal over two specific remedies, finding were unauthorised and obstructed required by a 2008 planning condition. it left circuit court’s separate works order costs decision undistur
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Courts Service · 2021-07-30 · courts
court of appeal quashes p.s. convictions over unfair jury direction in child sexual abuse trial the has quashed for rape, assault and neglect after finding that judge's directions to unfairly undermined defence case. had been convicted one count four counts two neglect. complainant was his daughter.
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Courts Service · 2021-07-30 · courts
appeal court assigns wexford county council 75% liability for water inspector’s fall the of set aside dismissal edward o’connor’s personal injuries action, found him 25% contributorily negligent and remitted case damages to be assessed. [2021] ieca 239 has a action against council, assigning respons
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Courts Service · 2021-07-30 · courts
court of appeal upholds four-year driving ban for eddie osagie after mallow drugs offence the has upheld a disqualification imposed on were found in his vehicle at garda checkpoint mallow. had been sentenced cork circuit criminal november 23, 2020 to two years’ imprisonment, with final year suspende
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Courts Service · 2021-07-30 · courts
court of appeal dismisses challenge over seamount road grass verge the upheld high court’s finding that a developer’s footpath works trespassed on thomas condron’s property. separate costs cross-appeal remained to be dealt with. [2021] ieca 216 has dismissed an by galway holding company limited, dan
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Courts Service · 2021-07-30 · courts
high court rejects challenge to cie appeal over tour guide’s employment status the extended time for judicial review but dismissed application on its merits, finding statutory had been validly made by córas iompair éireann. [2021] iehc 455 sabina murphy’s an concerning whether her work as a bus guid
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Courts Service · 2021-07-30 · courts
high court orders gheorghita purcariu’s surrender to romania over human trafficking convictions [2021] iehc 584 the has ordered purcariu be surrendered serve a two-year-and-six-month prison sentence for offences involving and participation in an organised criminal group. romanian authorities said wa
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Courts Service · 2021-07-29 · courts
high court allows microsoft to amend saudi resellers’ debt claim the permitted ireland operations add a reference 2013 agreement in its existing claim, rejecting defendants’ objections at this procedural stage. [2021] iehc 538 court, commercial has allowed limited statement of against arabic compute
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Courts Service · 2021-07-29 · courts
court of appeal dismisses sentence in unlawful-organisation membership case the upheld a four-and-a-half-year prison sentence, finding no error trial court’s assessment gravity or mitigation. has dismissed conor metcalfe’s against his for an unlawful organisation, that fell within available range. m
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Courts Service · 2021-07-29 · courts
high court orders savanne to provide €162,996 security for costs the rejected limited’s arguments that delay and bank’s alleged wrongdoing were special circumstances against security. it proposed a stay pending payment invited submissions on final order costs. [2021] iehc 535 has ordering limited as
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Courts Service · 2021-07-29 · courts
court of appeal upholds samantha irwin robbery sentence over capel street syringe attack the has upheld imposed on for robbing a shop after grabbing an assistant and attempting to stick her with uncapped syringe. had pleaded guilty possession ammunition without certificate. further charge possessing
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Courts Service · 2021-07-29 · courts
high court adjourns planning challenge to let an bord pleanála correct condition the declined set aside permission for a herbert park development at this stage after finding error in statutory basis contribution condition. final orders were left later hearing. [2021] iehc 545 has adjourned judicial
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Courts Service · 2021-07-29 · courts
high court orders costs for employee, restrains investigation pending trial the made consequential after an earlier interlocutory injunction, including a stay of order and deadline plaintiff’s statement claim. [2021] iehc 539 ordered defendants to pay application, but stayed that outcome substantive
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Courts Service · 2021-07-29 · courts
high court rules 2017 contract lets electrical contractor seek adjudication over páirc uí chaoimh works the found that a signed by cork gaa and ocs in may covered all stadium works, including work begun under 2016 letter of intent. it left other judicial review issues unresolved pending further hear
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Courts Service · 2021-07-29 · courts
supreme court cuts peter murphy’s high costs liability to 70% the recognised that murphy won an important legal point on data protection remedies, but said he did not obtain remedy sought and made no order for appeal. [2018] iesc 59 (appeal judgment referenced in ruling) varied against murphy, makin
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Courts Service · 2021-07-29 · courts
supreme court dismisses gavin sheehan’s appeal over trial representation and garda interview evidence the found that sheehan had not clearly chosen to defend himself, but held questions about messages on a phone fell outside statutory inference rules. it concluded those did deprive him of chance acq
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Courts Service · 2021-07-29 · courts
high court grants receiver’s bid for possession of limerick apartment, with move-out stay the found receiver had a strong case an interlocutory injunction, but left stay’s duration and application’s costs further submissions. [2021] iehc 540 granted application injunction seeking apartment in county
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Courts Service · 2021-07-28 · courts
high court dismisses four family law cases for want of jurisdiction the ruled that father’s applications sought to relitigate matters already dealt with by district and on appeal circuit court. it also awarded mother her costs in each case. [2021] iehc 775 court, dismissed proceedings brought a fath
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Courts Service · 2021-07-28 · courts
high court rules religious advancement is not a charitable purpose for rating exemption the answered legal question in an appeal concerning tearfund ireland’s dublin office, finding valuation tribunal’s interpretation of 2001 act was incorrect. final order and costs remained to be addressed. [2021]
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Courts Service · 2021-07-28 · courts
court of appeal dismisses challenge to provocation direction in murder case the held that trial judge did not err by omitting intoxication from her direction, relying on later supreme guidance. [2021] ieca 220 has dismissed adam o’keeffe’s against his conviction, ruling failing address provocation.
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Courts Service · 2021-07-28 · courts
high court refuses late amendment to doctor’s challenge against medical council inquiry the proposed article 38 constitutional claim was raised on first day of trial; refused permission add it, leaving substantive proceedings unresolved. [2021] iehc 571 has samuel van eeden a his inquiry, after appl
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Courts Service · 2021-07-28 · courts
court of appeal dismisses liam campbell’s challenge to lithuania surrender order the ruled that evidence did not displace legal presumption had decided charge and try campbell. concerned only issue. [2021] ieca 219 has dismissed against an for his lithuania, finding rebut a decision been made him th
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Courts Service · 2021-07-28 · courts
supreme court makes costs ruling in bank of ireland possession appeal the ordered that heather cody’s circuit and be cause, while leaving claim for a plenary hearing. has ruled her are to after sending action back ruling, delivered on 28 july 2021, followed court’s april decision allowing an by mort
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Courts Service · 2021-07-28 · courts
court of appeal dismisses doctor’s challenge to medical council finding and lack the upheld a poor professional performance over tests not requested for transferred patient ruled that sanction advice did give rise right appeal. [2021] ieca 214 has dismissed saqib ahmed’s against by council’s fitness
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Courts Service · 2021-07-28 · courts
high court declares cork city council breached public access rules in morrison’s island flood defence process the refused to quash planning permission for works, but declared that failed make natura impact statement available as advertised. a separate habitats-law claim was adjourned. [2021] iehc 50
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Courts Service · 2021-07-28 · courts
revenue awarded costs after amendment bid failed; liquidator not held personally liable the high court ordered express motor assessors limited (in liquidation) to pay revenue’s of its unsuccessful application amend a case stated, but refused make company’s liable. [2021] iehc 533 commissioners will
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Courts Service · 2021-07-27 · courts
high court grants possession order to start mortgages in cussen appeal the reheard case and granted sought, but refused a stay. execution will require fresh circuit motion, with further rights. [2021] iehc 531 has dac an for of mortgaged property its against christopher elizabeth cussen, dismissing
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Courts Service · 2021-07-27 · courts
high court refuses bid to narrow discovery in vat software dispute the declined vary an earlier order requiring of documents about vertex’s offering, finding no good reason reopen and equivalent alternative defendants’ proposal. [2021] iehc 641 court, commercial has refused application by lindelauf
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Courts Service · 2021-07-27 · courts
court upholds 30-month sentence for handling €3,850 stolen lawnmower of appeal the has upheld a two-and-a-half-year prison imposed on john gallagher worth €3,850. had been around 5 or 6 october 2018. gardaí searched gallagher’s home under warrant 9 and found machine in his van. worked as landscape g
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Courts Service · 2021-07-27 · courts
high court quashes refusal of wicklow farm dwelling application over inadequate reasons the found an bord pleanála had not adequately explained why applicant failed to meet rural housing need criteria. it quashed and sent back for fresh consideration, without deciding that permission should be grant
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Courts Service · 2021-07-27 · courts
court of appeal confirms minister’s costs after dismissing two appeals the affirmed high orders and awarded minister both appeals, following appellants’ unsuccessful request for no order as to costs. [2021] ieca 215 has in favour justice her be assessed if parties cannot agree. a ruling dated 27 jul
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Courts Service · 2021-07-26 · courts
supreme court orders retrial in dublin port cocaine case over confession warning the ruled that jury should have been warned about lack of corroboration for a disputed admission and clarified judges’ rules apply during detention search. [2020] iesc 000 has ordered aidan conroy, quashing his convicti
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Courts Service · 2021-07-26 · courts
high court orders bartolomej verberger surrendered to czech republic serve three-year sentence [2021] iehc 555 the has ordered be a prison arising from fraud-related conviction. european arrest warrant was issued in december 2019 by judge of district breclav. it sought verberger's surrender enforce
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Courts Service · 2021-07-26 · courts
appeal court sends guarantee dispute to full hearing, enters judgment for €97,920 the of upheld borrower’s personal facilities but ruled that larger claim must go a high plenary hearing on whether was supported by consideration. [2021] ieca 213 has entered against georgina appelbe her borrowing, whi
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Courts Service · 2021-07-26 · courts
high court refuses to halt historic sibling sexual abuse prosecution [2021] iehc 517 the has refused trial of an anonymised man accused offences against his younger brother and sister in family home. b is raping sexually assaulting j when she was aged about six or seven he 13 14. also faces allegati
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Courts Service · 2021-07-26 · courts
high court orders bartolomej verberger’s surrender to czech republic serve 10-month sentence [2021] iehc 547 the has ordered a prison arising from convictions for offences corresponding in irish law assault causing harm and public-order offence. was originally imposed by district chomutov on novembe
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Courts Service · 2021-07-26 · courts
high court refuses colm murphy’s bid to reopen 2019 judgment against law society the found that alleged errors and disclosure issues did not meet exceptional threshold for reviewing its earlier decision. it refused relief sought confined ruling civil proceedings. [2021] iehc 848 has application revi
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Courts Service · 2021-07-26 · courts
court of appeal jails cork woman after finding suspended forgery sentences unduly lenient the has imposed custodial on emma fehily that wholly for forging documents used in a circuit criminal sentencing hearing were seriously outside appropriate range. had pleaded guilty to two counts and attempting
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Courts Service · 2021-07-25 · courts
high court strikes out solicitor negligence claim as abuse of process the refused plaintiff’s request for judgment in default defence and struck his after finding no credible facts to support it. [2021] iehc 548 has a man’s professional against solicitors who represented him an earlier dispute, ruli
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Courts Service · 2021-07-24 · courts
high court orders removal of three lis pendens after delay in hotel property case the found unreasonable pursuing proceedings and ordered registered notices removed from whitegates folios. it did not decide underlying dispute over alleged agreement. [2021] iehc 428 against killarney, finding that pl
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Courts Service · 2021-07-23 · courts
court of appeal leaves three-year fraud sentence in place despite finding headline term was too high [2021] ieca 208 the has left a prison for patrick mcdonagh over bogus quad bike sale tuam, that original sentencing judge had started from an excessively term. pleaded guilty to deception after takin
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Courts Service · 2021-07-23 · courts
high court refuses mother’s application to relocate three children from rome denmark the found that a move would disrupt children’s established shared care, therapy and relationships with both parents. ruling was limited relocation motion; judicial separation proceedings remain unresolved. [2021] ie
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Courts Service · 2021-07-23 · courts
hse ordered to pay reasonable costs after power wins fixed-term work appeal the high court made a special order finding that raised point of general public importance and corrected labour court’s longstanding interpretation employment protection law. [2021] iehc 454 has health service executive maur
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Courts Service · 2021-07-23 · courts
high court orders surrender of istván szántó to hungary serve four-year theft sentence [2021] iehc 537 the has ordered a four-year-and-three-month prison for theft-type offence. hungarian authorities issued european arrest warrant in march 2020. it was endorsed by october and arrested ireland on 20
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Courts Service · 2021-07-23 · courts
supreme court awards ucc appeal costs, reserves high costs the ordered esb to pay ucc’s of and proceedings. from trial remain for judge decide after remitted issues loss quantification are resolved. electricity supply board (esb) university college cork – national ireland’s (ucc) it made no order as
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Courts Service · 2021-07-23 · courts
court of appeal upholds 16-year sentence for noel mckeon over violent attacks on two sex workers [2021] ieca 212 the has upheld mckeon’s combined separate episodes serious violence and sexual offending against workers, committed about 20 months apart. pleaded guilty in july 2019 to six offences. fou
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Courts Service · 2021-07-23 · courts
high court orders child’s return to belgium, subject protective steps and a stay the found child was wrongfully removed from belgium rejected mother’s consent, acquiescence, grave-risk objection defences. order is stayed while arrangements undertakings are addressed. [2021] iehc 515 court, family la
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Courts Service · 2021-07-23 · courts
supreme court to ask eu about surrender of two men poland the said it would seek a cjeu ruling on whether polish judicial appointment concerns affect test for under european arrest warrants. ireland has decided from justice union (cjeu) legal questions arising proposed warrants (eaws). not yet eithe
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Courts Service · 2021-07-22 · courts
high court refuses winding-up petition amid dispute over pandemic-era rent the found substantial grounds to whether a lease clause suspended during covid-19 restrictions. it did not decide was ultimately payable. [2021] iehc 513 has refused wind up lestown property limited unpaid and service charges
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Courts Service · 2021-07-22 · courts
high court orders discovery in burban’s personal injuries case, with limits on several categories the granted across most sought by finesse medical limited, narrowed time or scope of some requests, and refused two categories. it made no finding underlying injury claim. has ordered documents proceedi
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Courts Service · 2021-07-22 · courts
high court awards costs after immigration decision quashed over child-welfare assessment the ruled that applicants had been wholly successful in securing quashing and remittal of minister’s decision, ordered their favour. [2020 no. 337 jr]; judgment delivered 22 july 2021 has favour three finding th
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Courts Service · 2021-07-22 · courts
high court refuses challenge to planning permission for mount congreve entrance john and joan walsh challenged an bord pleanála’s decision permit a replacement entrance. the refused all relief, finding both that their landowner consent was barred by jus tertii rule substantive grounds did not justif
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Courts Service · 2021-07-22 · courts
high court strikes out challenge to receivership and orders lis pendens vacated mr justice twomey ruled that the claims against permanent tsb, havbell a receiver were bound fail on documentary record. invited parties agree outstanding matters before any further hearing final orders. [2021] iehc 511
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Courts Service · 2021-07-22 · courts
high court says tullamore accused must get recording of related district trial [2012] iehc 522 the has ruled that wayne nash be given access to digital audio a so his lawyers can prepare defence public order charge arising from same nightclub incident. is threatening, abusive or insulting behaviour
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Courts Service · 2021-07-22 · courts
high court refuses to quash ipat decision in protection case the found no error tribunal’s assessment of an applicant’s credibility and refused relief sought. it did not decide whether his later account police political persecution was true. has application international appeals tribunal (ipat) reco
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Courts Service · 2021-07-22 · courts
high court refuses challenge to refusal of protection for ms p mr justice max barrett upheld the international appeals tribunal’s decision, finding no legal deficiency in its assessment p’s credibility. has refused application quash decision refusing her refugee status and subsidiary protection. rul
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Courts Service · 2021-07-22 · courts
high court quashes refusal of canadian woman’s request to extend irish permission mr justice max barrett ruled that the minister’s reasons were inadequate and failed address applicant’s article 8 rights concerning separation from her husband. he sent application back for fresh consideration. [2020 n
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Courts Service · 2021-07-21 · courts
appeal court refers polish in absentia conviction issue to eu the of stayed a surrender while asking justice whether an that triggered enforcement earlier suspended sentence affects rules. [2021] ieca 209 has referred questions european union about person may be surrendered poland serve became enfor
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Courts Service · 2021-07-21 · courts
court of appeal increases james preston sentences for east wall attempted robbery and finglas garda car ramming the has increased imposed on an outside pub a later incident in which occupied was deliberately rammed. director public prosecutions had challenged by dublin circuit criminal february 2017
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Courts Service · 2021-07-21 · courts
court of appeal refers siklósi surrender case to eu the will be stayed while justice european union considers questions about an absentia conviction and enforcement a suspended sentence. [2021] ieca 210 has referred (cjeu) in zsolt siklósi’s against order directing his hungary. is pending cjeu’s rul
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Courts Service · 2021-07-20 · courts
court of appeal dismisses challenge to high directions in receivership dispute the concerned procedural a pending claim over dublin and waterford properties. said had jurisdiction on relevant date, dismissed as substantially moot left outstanding issues court. [2021] ieca 205 has donal mcneela’s aga
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Courts Service · 2021-07-20 · courts
court of appeal dismisses lopes’s bid to remove judge from his cases the upheld refusal recuse a high judge, finding no evidence that handling or listing motions showed bias denied fair hearing. [2021] ieca 207 appeal; underlying proceedings were transferred has dismissed antonio casimiro against or
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Courts Service · 2021-07-20 · courts
supreme court proposes eu referral in challenge to uk surrender arrangements the said it could not resolve whether post-brexit bound ireland without an opt-in. proposed referring separate questions on withdrawal agreement and trade cooperation cjeu. has of justice european union (cjeu) two challenge
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Courts Service · 2021-07-20 · courts
high court finds garda undertaking breach was not contempt the found a serious failure in how stay and were communicated, but said deliberate proved. it issued no directions after assurances that undertakings would be enforced. [2021] iehc 546 later protecting two malaysian applicants breached failu
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Courts Service · 2021-07-20 · courts
high court sets staged video contact in father’s appeal over children’s access the refused his bids for primary care and a new assessment, finding that any broader should depend on progress with child-focused calls supervised contact. [2021] iehc 556 (circuit appeal) dismissed seeking of three child
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Courts Service · 2021-07-19 · courts
fortberry ordered to provide €129,470 security for costs in receiver dispute the high court found that defendants had a prima facie defence and was unlikely meet their if it lost. directed company security, while leaving final orders agreement or further mention. [2021] iehc 500 has limited €129,470
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Courts Service · 2021-07-19 · courts
supreme court shortens debt-collection ban imposed on man convicted of harassment the left prison sentence in place but ruled that a seven-year restriction debt collection was unbalanced. it reduced to suspended period plus 18 months. [2021] iesc 000 has during which kevin molloy must refrain from a
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Courts Service · 2021-07-19 · courts
court of appeal dismisses father’s challenge after circuit decision was quashed the concerned limits judicial review, not merits parents’ custody, access or maintenance disputes. a rehearing before different judge recommended. [2021] ieca 204 dismissed arising from in family proceedings. said high h
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Courts Service · 2021-07-19 · courts
court of appeal upholds m.q. rape conviction after challenge to text message evidence [2021] ieca 202 the has upheld an anonymised man, m.q., rejecting challenges text-message and jury’s verdict. was tried in july 2018 on two counts arising from alleged incidents a campervan early hours august 2, 20
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Courts Service · 2021-07-19 · courts
high court refuses habeas corpus application over portlaoise psychiatric detention the held that rgf was receiving treatment during 70 minutes after a tribunal revoked his renewal order, allowing hospital to use statutory procedures detain him. it refused for release. [2021] iehc 502 rgf’s corpus, f
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Courts Service · 2021-07-16 · courts
high court rejects challenge to refusal of pakistani chef’s irish work visa the held that concerns about applicant’s qualifications, employment records and link his prospective employer were open decision-maker. [2021] iehc 496 has refused a application quash decision upholding visa, finding decisio
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Courts Service · 2021-07-16 · courts
court of appeal dismisses ross outram’s against murder conviction the rejected seven grounds and refused an application to introduce new forensic evidence about victim’s hat. [2021] ieca 199 has dismissed his for murdering patrick lyons, rejecting all pursued by defence. also a report blood staining
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Courts Service · 2021-07-16 · courts
high court rules esb’s june 2017 compensation offer to kelleher could be accepted before arbitration award the found an earlier unclear and invalid, but held that unconditional remains open until property arbitrator makes award, subject possible cost consequences for delay. [2021] iehc 497 ruled ele
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Courts Service · 2021-07-16 · courts
court of appeal dismisses challenge over solicitor-client costs review the concerned an alleged error in a taxing master’s calculation that had not been raised during taxation objections process. dismissed and left proposed order provisional. [2021] ieca 203 has monica leech’s high decision refusing
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Courts Service · 2021-07-16 · courts
high court rules esb’s 2017 compensation offer was unconditional in a special case arising from land arbitration, the held that letter met statutory test. it did not decide whether compensation-only would have been enough. [2021] iehc 501 ruled an electricity supply board (esb) offering and specifie
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Courts Service · 2021-07-16 · courts
high court upholds adjudicator’s €643,635.98 award in construction payment dispute the found adjudicator acted within jurisdiction and did not breach natural justice, while leaving consequential orders for later submissions. [2021] iehc 578 has ruled that an justice when awarding principal limited a
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Courts Service · 2021-07-16 · courts
high court rules €66,000 access payments cannot be deducted from farmer’s compensation the answered a question referred by property arbitrator, finding were for cooperation with power-line construction, not advance compensation. amount of remains arbitrator to assess. [2021] iehc 512 has ruled that
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Courts Service · 2021-07-16 · courts
supreme court awards costs and orders lis pendens vacated in keaney proceedings the made favour of fourth eighteenth defendants, after earlier judgments had finally determined against plaintiff. has awarded to defendants brought by vincent ordered that a connected with case be vacated. ruling delive
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Courts Service · 2021-07-16 · courts
court cuts sentence for man who gave drugs to teenage girls before sexual offending of appeal the has reduced imposed on an anonymised admitted against two after meeting them through social media and supplying with drugs. a.v. had pleaded guilty four counts involving complainants. they included defi
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Courts Service · 2021-07-16 · courts
court upholds conviction over edenmore pizzeria shooting and 15-year sentence of appeal the has upheld joseph behan’s convictions arising from an armed incident at mizzoni’s in edenmore, dublin, which two staff members were shot shortly after midnight on new year’s day 2019. behan had been convicted
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Courts Service · 2021-07-16 · courts
supreme court sends kelp-harvesting licence challenge back to high the ruled that judicial review was properly brought and failure publish notice did not invalidate foreshore licence. it returned john casey’s approval of a monitoring plan for further hearing. ireland has sent court, ruling case it.
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Courts Service · 2021-07-16 · courts
high court refuses investors’ request to inspect forestry funds’ records the shareholders sought documents about sale of assets and liquidation. said application evidence establish whether they could formulate claims, rather than support an existing or intended claim. [2021] iehc 488 court, chancery
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Courts Service · 2021-07-16 · courts
high court allows everyday finance to replace aib for part of debt judgment the found underlying facilities and guarantees had been validly transferred, while leaving aib’s entitlement its earlier costs award unchanged. outstanding matters, including costs, were set a later hearing. [2021] iehc 499
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Courts Service · 2021-07-16 · courts
high court rejects borrowers’ bid to set aside 2017 aib order and reverse property measures [2021] iehc 498 the has rejected a wide-ranging application by paddy mckeown adelaide mccarthy seeking debt order, recover properties obtain orders affecting registrations. defendants brought in proceedings i
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Courts Service · 2021-07-16 · courts
high court refuses challenge to pakistani chef’s visa refusal the held that minister for justice had rational grounds uphold of an employment visa, despite applicant having a general permit. [2021] iehc 494 has refused judicial review finding justice’s concerns about supporting documents did not fly
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Courts Service · 2021-07-15 · courts
court of appeal dismisses regina keogh’s against murder conviction the upheld special criminal court’s 2018 conviction, finding it was entitled to rely on accomplice evidence supported by dna, phone records and funds sent belfast. [2021] ieca 196 has dismissed her for gareth hutch, upholding decisio
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Courts Service · 2021-07-15 · courts
high court keeps stay on mr x trial while dpp challenges overseas disclosure order [2021] iehc 505 the has refused to lift a criminal of an anonymised accused, x, dispute continues over whether computer material may be sent defence experts outside ireland. was awaiting in [stated place] circuit alle
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Courts Service · 2021-07-14 · courts
high court refuses daniel markiewicz surrender to poland over unmatched document offence [2021] iehc 508 the has refused tomasz because one of 18 offences covered by his aggregate prison sentence did not have a corresponding under irish law. polish authorities sought markiewicz's european arrest war
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Courts Service · 2021-07-14 · courts
high court sends charlie’s bar insurance claims to arbitration, keeps regulatory damages claim the ordered arbitration over pub’s claimed policy indemnities but left its alternative for in proceedings. it rejected argument that indemnity dispute was non-arbitrable on public grounds. [2021] iehc 489
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Courts Service · 2021-07-14 · courts
seven-year sentence upheld for waterford burglary of visually impaired man court appeal the has martin mcdonagh's a in which was pushed to ground outside his home, suffered two broken ribs and had mobile phone stolen. frank dineen returning 26 stephen street, waterford, at about 10.25am on 14 august
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Courts Service · 2021-07-14 · courts
court of appeal dismisses challenge to county registrar’s taxation procedure the held that circuit rules governed and applicant had not shown an arguable basis for judicial review. it gave ms m. 14 days respond on costs. [2021] ieca 195 has dismissed l.m.’s against a high refusal let him seek review
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Courts Service · 2021-07-13 · courts
supreme court orders costs against hoey after dismissing appeal the upheld high court’s order and awarded waterways ireland its costs, with a one-year stay on execution. it left underlying issues barge’s future for trial court. [2021] iesc 000 has ordered michael to pay ireland’s of an that was dism
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Courts Service · 2021-07-13 · courts
high court rules detention remained lawful when renewal order was made the held that a tribunal’s 14-day extension ran from end of initial 21-day period, and declared applicant not unlawfully detained through 28 june 2021. [2021] iehc 486 ruled man at an approved psychiatric centre lawfully on it pe
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Courts Service · 2021-07-13 · courts
court of appeal quashes murder convictions and substitutes assisting-offender the found insufficient evidence an agreement to cause serious harm, substituted under section 7(2) criminal law act 1997, remitted case for sentencing. has quashed matthew cummins james davy over 2014 killing thomas (toddy
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Courts Service · 2021-07-13 · courts
high court refuses bankrupt’s fifth stay application over asset protection the declined to suspend its may order allowing official assignee pursue bankruptcy applications and protect estate assets while appeals continued. [2021] iehc 466 court, has refused a an that allowed further assets. ruling le
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Courts Service · 2021-07-13 · courts
high court withdraws defamation claim over kilkenny report from jury ms justice reynolds ruled that no properly directed could reasonably find the newspaper’s unfair or inaccurate, and withdrew case jury. [2021] iehc 490 {'name': 'high court', 'judge': 'ms. reynolds'} has withdrawn a action against
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Courts Service · 2021-07-12 · courts
high court approves €1m settlement in fatal injuries claim the provides for deceased’s widow and three children, with children’s allocated sums to be paid into court. youngest child was excluded from sharing solatium because he born after his father’s death. [2021] iehc 452 has approved a proposed €
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Courts Service · 2021-07-12 · courts
high court strikes out challenge to dundrum digital-screen planning permission the granted an bord pleanála’s motion strike david cooper’s judicial review proceedings, finding them of time and brought against wrong respondent. has struck proceedings by cooper over for a digital screen outdoor cinema
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Courts Service · 2021-07-12 · courts
high court says district was wrong to refuse drug charge amendments a case stated concerned two charges of possessing diamorphine for sale or supply. the answered that judge not correct proposed amendments; it did decide themselves. has ruled prosecution applications amend sheets in involving allege
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Courts Service · 2021-07-12 · courts
court of appeal upholds dismissal leahy claim against bank scotland the ruled that borrowers had no stateable damages over its transfer their loans. claims other defendants remain for trial. [2021] ieca 194 has upheld michael and kathleen leahy’s loans to pentire property finance in april 2015. foun
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Courts Service · 2021-07-12 · courts
high court orders child’s return to poland after finding he objected going back the gave nearly seven-year-old’s objection some, but not great, weight in hague convention proceedings and ordered his poland. [2021 no.11 hlc] has a six-year-old boy, identified as k, that views did justify refusing und
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Courts Service · 2021-07-12 · courts
high court dismisses most challenges to south kerry greenway decision the rejected applicants’ planning permission and a compulsory purchase order, leaving publication eia directive questions for later module. it said was provisionally minded discharge stay on development. [2021] iehc 459 has dismis
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Courts Service · 2021-07-12 · courts
high court refuses surveyor’s bid for additional discovery in oil-spill claim the found surveying company had not shown a good reason seeking further documents after already been agreed. [2021] iehc 611 refused company’s application couple’s concerning an oil spill at their property, ruling that was
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Courts Service · 2021-07-12 · courts
high court rejects challenge to diarmuid creedon’s district conviction over cork transfer the has rejected attempt overturn a road traffic act on basis that parts of his prosecution had earlier been dealt with in wrong district. creedon was charged an offence under section 4(4)(a) and (5) 2010, alle
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Courts Service · 2021-07-12 · courts
high court sends tax appeal case back for amendment the said stated legal questions did not fully reflect thomas mcnamara’s points and directed appeals commissioners to amend case, with hearing transcript appended. has sent a amendment, finding that prepared properly or raised by mcnamara. mr justic
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Courts Service · 2021-07-12 · courts
high court rejects challenge to summary trial of assault charge the refused certiorari after finding no right elect for a jury on before it. criminal proceedings remained pending in nenagh district court. has stephen fogarty’s application quash against him court, ruling that he had being tried summa
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Courts Service · 2021-07-12 · courts
court of appeal halts prosecution 88-year-old surgeon over historic assault charges the extended time for judicial review and restrained further on one bill, finding combined circumstances made a trial unjust. order was limited to that at present. [2021] 193 has an retired consultant bill 31 indecen
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Courts Service · 2021-07-12 · courts
high court orders surrender to lithuania despite covid prison conditions objection [2021] iehc 491 the has ordered of remigijus jančauskas face prosecution for two alleged offences after rejecting concerns about during covid-19 pandemic. european arrest warrant was issued in july 2020 by lithuanian
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Courts Service · 2021-07-11 · courts
high court dismisses claim over fall on ramp outside cahir home the found plaintiff had not proved his account of accident and concluded that inattention caused fall. it also homeowner built left a separate question about council’s duty undecided. [2021] iehc 492 dismissed edward ronan’s personal in
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Courts Service · 2021-07-09 · courts
high court disqualifies pembroke director for 16 years over admitted fraud the approved agreed orders imposing €2 million personal liability and asset restraints, then set disqualification period after considering parties’ submissions mitigating factors. [2021] iehc 475 a judge disqualified peter co
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Courts Service · 2021-07-09 · courts
high court rules hotel owner’s capital allowances did not reduce income for domicile levy the answered six questions in a case stated from tax appeals commissioner negative, finding that louis fitzgerald’s worldwide exceeded €1 million and usc count as levy. [2021] iehc 487 has ruled owner fitzgeral
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Courts Service · 2021-07-09 · courts
high court allows challenge to kerry council’s handling of retention application the ruled that council had assess unauthorised development as envisaged when work began in 2016, and could not proceed by seeking further information on revised proposals. [2021] iehc 451 has allowed a judicial review c
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Courts Service · 2021-07-09 · courts
high court orders removal of videos over claims about beaumont hospital and nursing director an interlocutory ruling found the defamatory held that defendant had no reasonably likely defence truth. restricted its order to specified allegations pending trial. [2021] iehc 469 has ordered gemma o’doher
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Courts Service · 2021-07-08 · courts
high court orders louth farm operator to stop unauthorised waste activity the found that stored at millpark posed a threat environment and human health. it granted immediate prohibitory relief approved remediation measures, with deadlines final order still be settled. [2021] iehc 478 has ordered joh
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Courts Service · 2021-07-08 · courts
high court clarifies polish warrant history in sławomir palonka surrender appeal [2021] iehc 840 the has clarified behind a european arrest for wiktur after supreme sought further facts before deciding his appeal. palonka's had been ordered by november 2019 to enforce 10-month sentence arising from
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Courts Service · 2021-07-08 · courts
high court strikes out claims against one charge-holder in stalled templeogue house sale case the let a former company director and secured lenders proceed, finding they could not be dismissed as bound to fail at this stage. [2021] iehc 468 struck proceedings dispute over three unfinished houses, bu
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Courts Service · 2021-07-08 · courts
court of appeal dismisses challenge to garnishee order for €229,212 the upheld an attaching settlement funds meet a personal injury award and costs, rejecting appellant company’s attempt reopen high decision. [2021] ieca 192 has dismissed satisfy €229,212.55 costs. it held that judge acted within he
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Courts Service · 2021-07-08 · courts
court of appeal awards defendants costs after dismissal the affirmed high order and awarded their costs, to be adjudicated if parties cannot agree. [2021] ieca 190 has michael condon ronald weisz an brought by thomas morrin. had already been dismissed in a principal judgment delivered on 3 april 202
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Courts Service · 2021-07-08 · courts
high court restrains employer’s disciplinary process pending trial in bonus dispute the found employee had a strong case that proposed investigation was tainted by conclusions reached advance, but made no final findings on disputed allegations. [2021] iehc 477 has restrained an employer from continu
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Courts Service · 2021-07-07 · courts
high court grants adoption approval in late application involving child nearing 18 the granted for of s by his relative foster parents, despite serious concerns about delay and process faced birth mother. [2021] iehc 677 court, family law has s, a minor who was 18th birthday, while expressing concer
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Courts Service · 2021-07-07 · courts
high court awards plaintiff appeal costs in limitation dispute, staying payment until trial the ruled on after allowing an against a circuit decision that had struck out personal injury claim as statute-barred. negligence remains to be decided. [2021] iehc 476 has awarded tesleem ojewale of prelimin
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Courts Service · 2021-07-07 · courts
high court orders plaintiff to pay an post’s costs after dismissing injury claim mr justice heslin ruled that the unsuccessful had not shown exceptional circumstances depart from usual rule follow event. has ordered john ward costs, including reserved and outlay, his personal injuries in its entiret
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Courts Service · 2021-07-07 · courts
high court refuses polish surrender over 150-day sentence imposed in absentia [2021] iehc 631 the has refused to grzegorz lukaszka poland serve balance of a prison arising from possession one gram marijuana szczecinek. european arrest warrant said possessed drug at an apartment on zielona street 4 n
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Courts Service · 2021-07-07 · courts
court of appeal upholds finding that passenger knew driver was uninsured the concerned motor insurers bureau’s liability under an exclusion in its agreement covering road accident claims. found no material error high court’s assessment evidence. [2021] ieca 191 has dismissed a passenger’s against he
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Courts Service · 2021-07-07 · courts
high court refuses stay in quarry planning enforcement case the declined to wait for roscommon county council’s investigation before lagan asphalt’s section 160 proceedings could continue. underlying remains be heard. [2021] iehc 450 has refused an application by hanly quarries limited pause brought
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Courts Service · 2021-07-06 · courts
high court orders approval for liquidator’s payments in brandon plant hire dispute the directed liquidator to follow statutory payment priorities and obtain prior before paying himself or his lawyers. it declined make a separate asset-freezing order left motion’s costs later. [2021] iehc 462 has ord
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Courts Service · 2021-07-06 · courts
high court rules €92,000 linked to slain dublin drug dealer can be frozen as crime proceeds [2021] iehc 457 the has ruled that bank funds and cash john gibson, who was shot dead in a gangland killing 2017, were derived from dealing restrained under of act. criminal assets bureau sought section 3 ord
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Courts Service · 2021-07-06 · courts
high court refuses three discovery requests in brandon plant hire dispute, seeks revised categories the rejected for mariavilla meeting records, irish water documents and internal planning while directing parties to refine concerning past contracts donnybrook variation instructions. [2021] iehc 463
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Courts Service · 2021-07-06 · courts
high court dismisses claim over learner driver’s crash on laois bridge the found driver had not shown that diesel caused her 2015 or any spill resulted from an unidentified negligence. it left final orders for parties to address. [2021] iehc 472 has dismissed kellie quinlivan’s damages against motor
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Courts Service · 2021-07-05 · courts
high court dismisses leave application in employment discrimination case the held that labour appeal was appropriate forum for resolving dispute over an out-of-time complaint. it also gave a provisional view on costs, inviting submissions if either party sought different order. [2021] iehc 348 has d
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Courts Service · 2021-07-05 · courts
high court orders surrender of krzystof michalczewski to poland over attempted burglary sentence [2021] iehc 506 the has ordered serve a one-year-and-six-month prison arising from an break-in at parish house. european arrest warrant concerned incident on january 16, 2011 in klucze, małopolska. polis
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Courts Service · 2021-07-05 · courts
high court rejects appeal over dismissal for gross misconduct the extended time but found no error of law in labour court’s decision that employee’s was within range reasonable responses. [2021] iehc 543 has rejected an against a her fair, finding approach. employee, identified judgment as ak, had c
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Courts Service · 2021-07-05 · courts
high court refuses nora martin’s request for details of disputed remarks the said defamation case must proceed to trial, where martin prove what was at a staff meeting she did not attend. [2021] iehc 449 has refused make genesis psychotherapy and family therapy service limited set out exact words al
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Courts Service · 2021-07-03 · courts
high court refuses to stop trial over 358 historic abuse charges the dismissed an 80-year-old man’s judicial review challenge, finding no exceptional basis halt prosecution before trial. it left fairness issues be assessed by as evidence develops. [2021] iehc 564 has refused application of man facin
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Courts Service · 2021-07-02 · courts
high court rejects challenge to refusal of congolese woman’s protection claim the found no established error in tribunal’s assessment country information or its handling concerns about applicant’s mental health. it refused judicial review and ordered her pay respondents’ costs. [2021] iehc 467 has a
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Courts Service · 2021-07-02 · courts
high court orders google to disclose details linked anonymous portakabin emails the said had made a sufficient case for disclosure pursue legal redress and, if author was an employee, disciplinary steps. it no finding on whether disputed statements were true. [2021] iehc 446 has ordered ireland limi
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Courts Service · 2021-07-02 · courts
high court dismisses challenge to fermoy drink-driving conviction [2021] iehc 493 court, judicial review the has dismissed a by william fitzgerald imposed at district in february 2019. fitzgerald, who represented himself hearing and again proceedings, had been fined €500 disqualified from driving fo
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Courts Service · 2021-07-02 · courts
high court refuses injunction to halt oviedo asset sales pending shareholder dispute a shareholder’s application stop limited selling assets was refused. the found fair issue be tried, but concluded that balance of justice weighed against interim restraint. [2021] iehc 473 court, commercial has refu
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Courts Service · 2021-07-02 · courts
high court orders redacted garda report be inspected in defamation case the balanced defendant newspaper’s ability to defend claim against public interest protecting informants and investigative methods. [2021] iehc 495 has directed an síochána make a available for inspection brought by lynda meegan
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Courts Service · 2021-07-02 · courts
high court allows hse to move ward kilkenny placement after weighing family access concerns the said iron hills was only reasonably available suitable placement, while directing further planning and review of proposed restraints. [2021] iehc 465 court, wards has given liberty cl, an 18-year-old from
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Courts Service · 2021-07-02 · courts
high court refuses an taisce leave to appeal planning judgment the dismissed ngo’s application its earlier defeat in a judicial review over permission for proposed cheese manufacturing facility. [2021] iehc 422 has refused that challenge delivered on 2 july 2021, mr justice humphreys under section 5
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Courts Service · 2021-07-02 · courts
high court refuses leave to challenge psychiatric detention order the found no arguable case that a doctor unlawfully detained adrian sweetman under mental health act. it also refused other requested relief, leaving costs and terms of final for written submissions. [2021] iehc 447 has bring judicial
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Courts Service · 2021-07-02 · courts
high court dismisses planning challenge but proposes eu reference on wildlife rules the rejected challenges to permission for a dublin mountains visitor centre, while leaving separate regulations proposed of justice european union. [2021] iehc 424 dismissed residents’ association’s said it would in
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Courts Service · 2021-07-02 · courts
high court substitutes new official assignee in bankruptcy proceedings the allowed michael ian larkin to replace christopher d. lehane as applicant, while adjourning request for a substantive extension of bankruptcy. [2021] iehc 427 court, has substituted applicant concerning wymes. it adjourned ass
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Courts Service · 2021-07-02 · courts
high court awards €143,400.72 in damages for injuries including permanent ankle damage the assessed after liability had already been determined a personal injury case. award includes €90,000 general and agreed special of €53,400.72. [2021] iehc_479 {'name': 'high court', 'jurisdiction': none} awarde
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Courts Service · 2021-07-02 · courts
high court says consent orders can set liability shares for social welfare recovery in a judgment on settled personal injury case, mr justice kevin cross held that order apportioning qualify as under the recoverable benefits law. he disagreed with recent ruling by another judge. [2021] iehc 456 has
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Courts Service · 2021-07-01 · courts
court of appeal dismisses challenge to uk surrender over family care needs the said circumstances could in principle bar surrender, but found evidence did not meet high threshold under article 8. [2021] ieca 188 has dismissed an by d.e. against his for prosecution, ruling that impact on wife and son
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Courts Service · 2021-07-01 · courts
court of appeal dismisses challenge to refusal leave in taxing master recusal case the upheld high court’s let john o’connell seek judicial review, citing weak basis for his rules and procedural failures application. [2021] ieca 186 has dismissed o’connell’s against grant him review over a master’s
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Courts Service · 2021-07-01 · courts
court of appeal upholds eight indecent assault convictions against tipperary man the has upheld for t.o’b. arising from sexual abuse a young girl in county during 1970s. appellant was convicted by jury circuit criminal on 11 july 2019 following three-day trial. complainant, who born 1967, younger si
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Courts Service · 2021-07-01 · courts
court allows marian lingurar jr late sentence appeal but refuses challenge to manslaughter conviction of the has allowed junior bring a against his nine-year for oughterard publican john kenny, while refusing reopen conviction. mr kenny was killed during burglary at kenny's public house in oughterar
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Courts Service · 2021-07-01 · courts
supreme court dismisses appeal over bankruptcy summons challenge the held that a to does not suspend statutory period for an act of bankruptcy, though adjudication cannot proceed while remains unresolved. ireland has dismissed by michael wymes, holding debtor may commit failing satisfy even challeng
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