Courts Service · 2021-09-30 · courts
high court adjudicates debtor bankrupt after dismissing challenges to tax debt petition the held that had not established a defence collector general’s and ordered him adjudicated bankrupt. [2021] iehc 596 has brendan walsh on brought by michael gladney, general, finding petition. in judgment delive
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Courts Service · 2021-09-30 · courts
high court refuses challenge to deportation order for chinese restaurant owner the found no reviewable error in minister’s decision, which weighed applicant’s family ties and business against public interest immigration control. [2021] iehc 630 has refused a judicial review made national who had liv
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Courts Service · 2021-09-30 · courts
supreme court judge would award €5,000 over delay in criminal appeal a judgment dated 30 september 2021, mr justice john macmenamin concluded that systemic delays infringed michael o’callaghan’s constitutional right to an within reasonable time. he proposed declaration and damages, with the formal o
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Courts Service · 2021-09-30 · courts
high court extends bankrupt’s term to february 2027 after late disclosure the ordered a seven-year extension, taking account of information supplied official assignee sought an extension. [2021] iehc 592 has postponed bankrupt man’s discharge until midnight on 16 2027, extending his bankruptcy seven
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Courts Service · 2021-09-30 · courts
high court refuses delay and adjudicates debtor bankrupt the declined to wait for outcome of a costs appeal, then adjudicated on 26 july 2021. judgment gives reasons those orders. [2021] iehc 591 court, bankruptcy refused request adjourn petition brendan o’rourke 2021, while an appeal over underlyin
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Courts Service · 2021-09-30 · courts
high court strikes out truth and honest opinion defences in two defamation cases the also ordered discovery of records on publication pre-publication checks, while refusing defendants’ requests for four categories documents. [2021] iehc 660 struck actions brought by solicitors darragh mackin gavin b
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Courts Service · 2021-09-30 · courts
high court refuses bid to dismiss bankruptcy summons against noreen hynes the held that debtor had not raised a credible defence and directed petitions be listed set hearing date. [2021] iehc 598 court, has refused hynes’s application summons, finding her objections did provide basis reopen an earli
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Courts Service · 2021-09-30 · courts
high court refuses to annul joseph lennon’s bankruptcy adjudication the dismissed motion set aside january 2021 adjudication, finding that his proposed property sale and procedural arguments did not meet required threshold. [2021] iehc 594 court, has a by bankrupt lennon holding of other grounds jus
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Courts Service · 2021-09-30 · courts
high court orders biodiversity surveys in whitestown dumping remediation case the council must complete by 17 december 2021 to inform a natura impact statement. further deadlines remained for discussion. [2021] iehc 599 directed wicklow county as part of continuing process waste site whitestown, co
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Courts Service · 2021-09-27 · courts
court of appeal sets aside footpath injury dismissal and orders retrial the found that high failed to address its use disputed, unproven medical notes absence their author for cross-examination. [2021] ieca 253 appeal; (trial court) has set seamus comerford’s personal claim against carlow county cou
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Courts Service · 2021-09-27 · courts
supreme court restores partial costs award for thomas fox after dismissing fox’s substantive appeal, the ordered that he recover 50% of his in high and with no order appeal. has half following its earlier dismissal it made as to appeal court. a ruling delivered by chief justice frank clarke on 29 se
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Courts Service · 2021-09-27 · courts
high court refuses injunction to stop sale of cork farmland the found no fair question over charge holder’s right sell land or replacement receiver’s appointment, but left party substitution and costs for further submissions. [2021] iehc 638 has refused an application by maurice foley nine acres agr
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Courts Service · 2021-09-24 · courts
high court dismisses headfort arms’ covid-19 insurance claim the ruled that temporary loss of use hotel did not meet policy’s requirement for damage to insured property. it dismissed and listed a later mention address further issues, including costs. [2021] iehc 608 court, commercial has arms limite
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Courts Service · 2021-09-24 · courts
high court rejects doctor’s bid to stop medical council inquiry the found district acquittal did not decide disciplinary issues and said plenary proceedings amounted an abuse of process. it invited parties agree outstanding matters before final orders. [2021] iehc 606 has rejected samuel van eeden’s
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Courts Service · 2021-09-24 · courts
court of appeal dismisses challenge to no-costs ruling in moot immigration case the held that became when minister granted a residence card, not he earlier undertook deport first appellant. [2021] ieca 242 has dismissed an by three anonymised appellants who sought overturn high decision making no or
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Courts Service · 2021-09-24 · courts
high court grants leave for 832 apartment owners to sue two companies in liquidation the applications concern alleged defects at spencer dock development. allowed proceedings be issued but did not decide liability, limitation or insurer’s entitlement control claims. [2021] iehc 605 has granted issue
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Courts Service · 2021-09-23 · courts
high court refuses to surrender limerick truck driver poland after 11-year delay [2021] iehc 632 the has refused limerick-based robert adam lach finding that an approximately following earlier failed process amounted abuse of court's process. sought lach's return serve a sentence one year and three
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Courts Service · 2021-09-23 · courts
high court dismisses bankruptcy summons over disputed restructured bank debt the found that respondent had raised issues requiring trial, including whether a post-bankruptcy loan revived discharged and collection tactics were unconscionable. it also said judgment should have been obtained first. [20
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Courts Service · 2021-09-23 · courts
high court sends part of nigerian family’s protection appeal back for reconsideration the found appeals tribunal had not properly considered whether consequences untreated mental illness could affect one applicant’s risk persecution. it left tribunal’s decision on denial medical treatment undisturbe
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Courts Service · 2021-09-23 · courts
high court orders surrender of vojtech gabor to czech republic serve seven years [2021] iehc 698 the has ordered and 18 days remaining on an eight-year prison sentence. sentence was imposed in may 2005 upheld appeal that october. after clarification from authorities, satisfied it covered four offenc
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Courts Service · 2021-09-22 · courts
high court dismisses negligence claim against solicitors over delay the found plaintiff’s in prosecuting case was inordinate and inexcusable, that a solicitor accused of fraudulent misrepresentation no longer able to give evidence. dismissed proceeding solicitors, with order costs still be addressed
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Courts Service · 2021-09-21 · courts
supreme court dismisses dpp appeal over district costs rule the held that a barring against and gardaí in summary cases exceeded rule-making authority. it did not decide whether were properly awarded this case. has dismissed an by director of public prosecutions order requiring to pay after two assa
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Courts Service · 2021-09-21 · courts
high court orders barnan waste facility to stop accepting non-construction the found that facility’s retention permission covered construction and demolition only. it set out prohibitions, with precise form of order questions costs any stay left for a later hearing. [2021] iehc 583 has ordered opera
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Courts Service · 2021-09-20 · courts
high court refuses challenge to decision on zimbabwean man’s permission remain the upheld minister’s assessment that evidence did not establish a sustaining relationship, and refused quash review or deportation order. [2021] iehc 603 has refusing him in ireland, finding minister was entitled conclud
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Courts Service · 2021-09-17 · courts
supreme court rejects prisoner’s damages claim over hunger strike and prison complaints system [2020] iesc 000 the has rejected a that authorities were legally responsible for harm he suffered after embarking on prolonged strike. appellant, identified as p mcd, was serving 12-year sentence following
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Courts Service · 2021-09-17 · courts
high court confirms cancellation of social worker’s registration after appeal the rejected appeal, finding proportionate and necessary to protect public, while noting that applicant had not taken part in most disciplinary process. [2021] iehc 756 has confirmed coru’s decision cancel a registration,
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Courts Service · 2021-09-17 · courts
supreme court judge says prison complaints failures did not create negligence liability to hunger-striking inmate a has concluded that in the handling of prisoner's make authorities liable for continuation his hunger strike. p mcd had begun strike amid escalating difficulties with authorities. separ
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Courts Service · 2021-09-17 · courts
supreme court rejects prisoner’s negligence claim but proposes declaration on complaints system the appeal judgment would uphold of appeal’s rejection damages while declaring that 2014 prison policy failed to provide an effective in this case. mr justice john macmenamin decision reject a claim, iris
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Courts Service · 2021-09-17 · courts
supreme court judge rejects damages duty and declaration claim over prison complaints procedure a has concluded that authorities did not owe p mcd of care arising from the way operated in where he was held. judgment delivered on 17 september 2021, ms justice dunne agreed with approach taken by mr ma
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Courts Service · 2021-09-16 · courts
high court sets aside renewal of investor’s summons after extreme delay the found no special circumstances to justify renewing and concluded that had specifically prejudiced defendants’ ability defend claim. [2021] iehc 656 has set an order a in financial advice dispute, finding more than five years
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Courts Service · 2021-09-16 · courts
supreme court allows solicitor’s appeal on scope of disciplinary the held that two objections could be considered in statutory appeal, but left their merits and final orders unresolved pending further submissions. [2021] iesc 57 ireland has allowed a whether to proceedings while reserving those for
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Courts Service · 2021-09-15 · courts
supreme court quashes dismissal of killybegs harbour master but rejects back-pay claim the set aside government’s 2009 decision because objective bias, while leaving disciplinary findings misconduct undisturbed and refusing orders for salary pension based on years after dismissal. has quashed to dis
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Courts Service · 2021-09-15 · courts
supreme court judge would have sent harbour master’s damages question back to high in a separate judgment dated 15 september 2021, mr justice john macmenamin described the lengthy proceedings as case study and disagreed with majority over appropriate remedy. said prolonged of patrick j. kelly, forme
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Courts Service · 2021-09-15 · courts
high court orders surrender of neculai hoamea to romania serve seven-year sentence [2021] iehc 590 the has ordered a prison covering ten offences. european arrest warrant was issued by roman in march 2020. hoamea's imposed on 8 february 2019 and became final appeal 13 september 2019. none it had bee
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Courts Service · 2021-09-15 · courts
high court sets 2036 sale date for family home in divorce appeal the affirmed divorce, changed home-sale terms and made pension child-maintenance orders after hearing an about proper provision. [2021] iehc 674 court, law varied financial child-related a case, while affirming decree of divorce. conce
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Courts Service · 2021-09-15 · courts
bank of ireland guarantee claim sent to plenary hearing over disputed 2013 assurance the high court refused bank’s application for summary judgment after finding that contemporaneous documents raised a real and bona fide defence requiring full hearing. [2021] iehc 622 has given edward (otherwise lau
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Courts Service · 2021-09-15 · courts
high court refuses challenge to deportation order the found no error in minister’s consideration of an applicant’s residence period or employment prospects and refused judicial review. [2021] iehc 589 has a order, finding that minister for justice had properly considered his time ireland prospects.
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Courts Service · 2021-09-15 · courts
charleton would leave kelly’s dismissal in place despite cabinet bias finding a supplemental supreme court judgment, mr justice peter argued that the should grant patrick kelly declaration but refuse to quash government’s decision. his view differs from majority’s conclusion minister coughlan’s pres
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Courts Service · 2021-09-14 · courts
supreme court dismisses appeal over proposed inquiry into garda handling of ludlow murder the found no established legal duty to investigate shortcomings 1979 as a separate matter, given lack realistic prospect uncovering further information about murder. ireland dismissed thomas fox’s government’s
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Courts Service · 2021-09-14 · courts
supreme court awards appeal costs to respondents in wymes bankruptcy case the said raised a question of general public importance but did not qualify as interest litigation. it ordered that respondent was entitled costs. has is michael wymes’s his case, applying usual rule follow event. ruling deliv
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Courts Service · 2021-09-13 · courts
high court quashes refoulement assessment in albanian family’s permission-to-remain review the found minister had not addressed submissions challenging earlier protection findings and ordered a fresh consideration of issue. [2021] iehc 588 has quashed part decision refusing permission to remain that
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Courts Service · 2021-09-13 · courts
supreme court dismisses appeal over ira membership conviction the found no impermissible double counting and held that supporting evidence was strong enough despite a broad privilege claim restricting cross-examination. has dismissed james joseph cassidy’s against his for of ira, finding trial did n
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Courts Service · 2021-09-13 · courts
high court grants leave to enforce €257,165 adjudicator decision in construction payment dispute the rejected contractor’s jurisdiction and fair procedures objections, while leaving open possibility of a later arbitration or proceedings. [2021] iehc 562 has granted aakon services limited an adjudica
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Courts Service · 2021-09-10 · courts
supreme court dismisses butler appeals, upholds settlement with o’shea the held that nine-clause settlement, including its default clause, was binding. it struck out a separate appeal over clerical error and left costs submissions open for seven days. of ireland has dismissed outstanding appeals bro
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Courts Service · 2021-09-09 · courts
high court rejects zimbabwean man’s challenge to deportation order the ruled that minister could rely on earlier protection findings when assessing refoulement risk, and refused quash review decision or order. [2021] iehc 585 has rejected a judicial refusing him permission remain in ireland followed
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Courts Service · 2021-09-09 · courts
high court refuses challenge to circuit conviction appeal the found judge applied correct criminal standard on a full rehearing and rejected applicant’s grounds for judicial review. [2021] iehc 653 has refused sean conlan’s application review of decision that dismissed his against district convictio
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Courts Service · 2021-09-09 · courts
supreme court upholds exclusion of economist from vhi competition case the dismissed an appeal by shay sweeney and limerick private limited, finding a real sensible risk that confidential information earlier cases could be disclosed. [2021] iesc 32 (not stated in supplied source) ireland has limited
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Courts Service · 2021-09-09 · courts
high court refuses one ground in deportation challenge and adjourns two others the rejected applicant’s to standard of proof used refoulement decision. other grounds remain adjourned pending a appeal ruling separate case. [2021] iehc 586 has refused georgian woman’s judicial review decision refusing
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Courts Service · 2021-09-07 · courts
high court lifts stay on direction requiring joint cork retail outlet assessment the refused county council’s application to keep a ministerial suspended while its challenge proceeds, finding that balance of justice favoured coordination between city and councils. [2021] iehc 617 lifted an interim c
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Courts Service · 2021-09-06 · courts
high court orders razvan hoamea’s surrender to romania serve five-year sentence [2021] iehc 644 the has ordered a combined of five years and 22 days for attempted murder illegal tree felling. romanian authorities issued european arrest warrant in march 2020. comprises further arising from an earlier
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Courts Service · 2021-09-06 · courts
high court refuses to surrender radoslav sipka slovakia over in-absentia conviction [2021] iehc 587 the has refused serve a ten-year prison sentence after finding that he was tried and convicted in his absence without safeguards required by irish european arrest warrant law. slovak authorities sough
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Courts Service · 2021-09-06 · courts
high court orders surrender of gintautas maciulskas to lithuania serve prison sentence [2021] iehc 580 the has ordered almost all a one-year-and-three-month sentence. lithuanian authorities sought his return under european arrest warrant issued by kaunas regional in december 2020. one year, two mont
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Courts Service · 2021-09-03 · courts
high court gives former executive leave to defend $114,784 loan claim the found a real probability of bona fide defence over whether consumer credit law applied made during defendant’s employment. [2021] iehc 615 has allowed james mcginnis by us mainstream renewable power inc for repayment loan, fin
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Courts Service · 2021-09-03 · courts
high court rules zurich motor policy must cover recycling worker’s injury claim a special case between two insurers and company concerned which respond to an employee’s after bin fell from truck lift. the answered legal questions on agreed facts; it did not decide underlying claim. [2021] iehc 661 h
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Courts Service · 2021-09-03 · courts
high court bars landlords from retaking donegal home while tenancy appeal proceeds the granted an interlocutory injunction for tenant reginald carroll, pending his statutory appeal, and refused landlords’ application to set aside earlier interim order. [2021] iehc 561 has barred terry rowland margar
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