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Courts Service · 2021-10-29 · courts

High Court grants possession order based on first loan, leaves second loan dispute unresolved

high court grants possession order based on first loan, leaves second loan dispute unresolved the ordered of a county wicklow family home after finding had become due. it did not decide whether bank could enforce later against wife. [2021] iehc 665 has granted ireland mortgage an for in delgany, co

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Courts Service · 2021-10-29 · courts

High Court dismisses council contribution claim over fatal N4 works crash

high court dismisses council contribution claim over fatal n4 works crash the found sligo county negligent in one respect but held that truck driver’s conduct overwhelmed negligence, placing full liability on driver and his employer. [2021] iehc 707 dismissed claims by m.d.s. distribution limited vl

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Courts Service · 2021-10-29 · courts

High Court refuses Rainsfords leave to defend US$7m loan claim

high court refuses rainsfords leave to defend us$7m loan claim the found proposed “loan for equity” defence was unsupported by signed notes and agreements, ordered judgment with a us$109,000 credit. [2021] iehc 685 court, commercial has refused patrick angela rainsford claims brought trustees of mic

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Courts Service · 2021-10-29 · courts

High Court rules Express Bus unlawfully occupied land, leaves new property claim open

high court rules express bus unlawfully occupied land, leaves new property claim open the answered a liquidator’s questions about occupation and an option to buy lot 2, awarded motion costs, adjourned bus’s separate application for leave sue. [2021] iehc 680 ruled that limited (ebl) was not lawfully

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Courts Service · 2021-10-28 · courts

Court of Appeal dismisses challenge over delays in immigration decisions

court of appeal dismisses challenge over delays in immigration decisions the held that judicial review case did not establish grounds for compelling minister to decide applications sooner. [2021] ieca 286 has dismissed ammad mahfooz’s against refusal orders justice and equality concerning his deport

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Courts Service · 2021-10-28 · courts

Court rejects DPP appeal over Garda entry to Philip O’Brien’s home

court rejects dpp appeal over garda entry to philip o’brien’s home [2021] ieca 290 of the has dismissed a whether gardaí could enter apartment without warrant arrest him for breach peace. case arose after entered and arrested him. district later convicted obstructing peace officer. he was also separ

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Courts Service · 2021-10-28 · courts

High Court orders security for costs in Nobil Food insurance claim

high court orders security for costs in nobil food insurance claim the rejected restaurant company’s arguments that delay and insurer broker’s alleged wrongdoing were special circumstances against security. amount remains to be determined. [2021] iehc 664 has ruled limited must provide campion limit

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Courts Service · 2021-10-28 · courts

High Court awards €101,495 to golfer who lost finger in Cobh Golf Club accident

high court awards €101,495 to golfer who lost finger in cobh golf club accident the found club’s trustees and a carpenter liable after circular saw injured volunteer helping with building work. it also ruled plaintiff’s membership had ended because he not paid his subscription by deadline. [2021] ie

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Courts Service · 2021-10-28 · courts

High Court refuses judicial review challenge to Zimbabwe protection decision

high court refuses judicial review challenge to zimbabwe protection decision the rejected an applicant’s international appeals tribunal’s credibility findings and refusal of his appeal, ordered him pay respondents’ costs. [2021] iehc 693 has refused anonymised affirm rejection application for protec

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Courts Service · 2021-10-28 · courts

Court of Appeal refuses to dismiss woman’s decades-old birth injury claim

court of appeal refuses to dismiss woman’s decades-old birth injury claim the held that hse had not shown a real and substantial risk an unfair trial, leaving personal proceed for trial on its merits. [2021] ieca 287 has upheld high decision refusing against health service executive over circumstanc

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Courts Service · 2021-10-27 · courts

Court of Appeal upholds injunction blocking enforcement over Dublin properties

court of appeal upholds injunction blocking enforcement over dublin properties the dismissed pentire property finance’s appeal, leaving in place an order restraining while borrowers’ claims missing title deeds and surcharge interest proceed to trial. [2021] ieca 282 has finance dac’s against prevent

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Courts Service · 2021-10-27 · courts

Court of Appeal refuses bid to remove Dominar liquidator

court of appeal refuses bid to remove dominar liquidator the dismissed print & display limited’s appeal, finding no good cause replace despite criticism his handling a polish subsidiary’s failed claim. [2021] ieca 284 has against high decision refusing liam dowdall as group limited, which is in volu

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Courts Service · 2021-10-27 · courts

High Court awards €52,869.67 after finding driver caused M7 crash

high court awards €52,869.67 after finding driver caused m7 crash the held first defendant wholly liable for a 2017 collision near junction 23, awarding damages to plaintiff while rejecting most of his claimed work-related losses. [2021] iehc 689 has awarded john ryan that patrick o’sullivan on by l

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Courts Service · 2021-10-27 · courts

Appeal allowed: HSE must seek education expertise for children’s disability assessments

appeal allowed: hse must seek education expertise for children’s disability assessments the court of held that section 8(3) act applies to child applicants. it left final orders and costs a further hearing. [2021] ieca 283 has ruled health service executive ask national council special nominate an e

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Courts Service · 2021-10-27 · courts

High Court adjudicates two Mullaney debtors bankrupt on Danske Bank petitions

high court adjudicates two mullaney debtors bankrupt on danske bank petitions the found statutory criteria for adjudication were met a prima facie basis and rejected debtors’ stated grounds of defence. [2021] iehc 669 court, bankruptcy adjudicated thomas gerard breege 13 october 2021, granting separ

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Courts Service · 2021-10-27 · courts

High Court allows investor to amend claim over alleged CFD losses

high court allows investor to amend claim over alleged cfd losses the ruled that proposed statutory-duty claims were not bound fail at this procedural stage, leaving their merits for trial. [2021] iehc 620 has allowed businessman donal carey his statement of in a dispute from investments shares and

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Courts Service · 2021-10-27 · courts

Court of Appeal says HSE must prioritise needs assessments nationally

court of appeal says hse must prioritise needs assessments nationally the allowed a child’s over how ordered disability assessments, but said proposed declaration and costs remained for later submissions. [2021] ieca 285 has ruled that applications in chronological order across country, rather than

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Courts Service · 2021-10-26 · courts

High Court refuses release of A.H. after fresh warrant regularises Castlerea detention

high court refuses release of a.h. after fresh warrant regularises castlerea detention [2021] iehc 734 the has refused to order from custody finding that a special criminal lawfully brought an earlier period unlawful at prison end. was awaiting judgment following trial ended on 6 august 2021. he had

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Courts Service · 2021-10-26 · courts

High Court allows removal of markings for blind review of CervicalCheck slide

high court allows removal of markings for blind review cervicalcheck slide the found that leaving on a 2010 smear created real risk disadvantage to clinical pathology laboratories in defending claim. it allowed their proposed review. [2021] iehc 681 has incorporated (cpl) remove from cervical so can

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Courts Service · 2021-10-26 · courts

High Court awards CETA challenge plaintiff half his costs despite losing case

high court awards ceta challenge plaintiff half his costs despite losing case the found constitutional unsuccessful on its central issue but awarded patrick costello 50% of costs, including reserved because case’s importance and clear public interest. [2021] iehc 675 has after he lost to proposed ra

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Courts Service · 2021-10-26 · courts

High Court grants leave to appeal in windfarm planning case

high court grants leave to appeal in windfarm planning case the certified questions about how much design flexibility a permission can allow and whether range of turbine options must be assessed. [2021] iehc 662 granted an bord pleanála judgment that quashed for development. it exceptional public im

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Courts Service · 2021-10-22 · courts

High Court prohibits drug-driving prosecution of Glenn Ryan after Garda said wrong charge was brought

high court prohibits drug-driving prosecution of glenn ryan after garda said wrong charge was brought [2021] iehc 673 the has prohibited continued on a pending before blanchardstown district finding that allowing case to proceed would breach fair procedures. stopped while driving may 17, 2018 and ta

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Courts Service · 2021-10-22 · courts

Court of Appeal dismisses challenge to Wexford harbour-fee judgment

court of appeal dismisses challenge to wexford harbour-fee judgment the upheld a high award €16,352.81 for laid-up charges on fishing vessel, rejecting an based argument not advanced at trial. [2021] ieca 274 has dismissed kevin kielthy’s against requiring him pay county council in harbour his morge

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Courts Service · 2021-10-22 · courts

Court dismisses T.P. conviction appeal over 24 indecent assault counts in Donegal

court dismisses t.p. conviction appeal over 24 indecent assault counts in donegal of the has dismissed t.p.’s against convictions for on his male cousin, x, arising from abuse county between 1984 and 1990. had stood trial 49 involving x x’s sister, y. jury convicted him relating to x. he was later s

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Courts Service · 2021-10-22 · courts

Court of Appeal dismisses fisherman’s appeal over vessel losses and dumping permit

court of appeal dismisses fisherman’s over vessel losses and dumping permit the upheld high court’s rejection claims tied to errors in a fishing vessel’s registration details proposed fish-waste scheme. [2021] ieca 273 has dismissed kevin kielthy’s against his for financial connected with vessel, mf

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Courts Service · 2021-10-22 · courts

High Court rules pre-2011 cohabitation may count in estate claim

high court rules pre-2011 cohabitation may count in estate claim the ruling resolved a preliminary legal issue an application under cohabitants act. it did not decide whether applicant was qualified cohabitant or entitled to provision from estate. [2021] iehc 684 ruled that periods of before commenc

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Courts Service · 2021-10-22 · courts

High Court refuses sergeant’s challenge over Air Corps promotion eligibility

high court refuses sergeant’s challenge over air corps promotion eligibility the found applicant had not established that decision applied an inflexible policy, ignored relevant circumstances or breached a legitimate expectation. [2021] iehc 672 has refused defence forces application to quash he was

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Courts Service · 2021-10-21 · courts

Court of Appeal dismisses challenge to convictions in historic assault case

court of appeal dismisses challenge to convictions in historic assault case the rejected an argument that death a potential defence witness made trial unfair, and dismissed against conviction. has a.z.’s for five counts indecent one count sexual assault, finding absence did not deprive appellant rea

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Courts Service · 2021-10-21 · courts

Court of Appeal upholds seven-year sentence for A.C. over sustained sexual abuse of child

court of appeal upholds seven-year sentence for a.c. over sustained sexual abuse child [2021] ieca 260 the has upheld an effective prison imposed on a in complainant's family home period between 1993 and 1996. had been convicted twenty counts assault. october 2019, dublin circuit criminal two senten

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Courts Service · 2021-10-21 · courts

Appeal partly allowed in solicitor negligence limitation dispute

appeal partly allowed in solicitor negligence limitation dispute the court of held that a claim tied to 2000 option was not statute-barred, while claims arising from 2005 land transfer were out time. [2021] ieca 269 appeal, civil has an by michael noble professional case against matheson, ruling lin

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Courts Service · 2021-10-21 · courts

High Court sets aside Revenue debt admissions in bankruptcy case

high court sets aside revenue debt admissions in bankruptcy case the disallowed two proofs of after finding a defect original form and that bankrupt was not given reasonable chance to challenge amended claim. [2021] iehc 658 court, has submitted by collector-general henry dixon’s bankruptcy, omitted

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Courts Service · 2021-10-21 · courts

Court of Appeal dismisses murder conviction appeal over witness statements and emergency call

court of appeal dismisses murder conviction over witness statements and emergency call the found no error in admitting a witness’s earlier 999 at trial. life sentence remained place. has dismissed keith connorton’s against his conviction, finding trial judge’s admission two pre-trial by claire mcgra

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Courts Service · 2021-10-20 · courts

High Court dismisses challenge to Whitechurch Stream flood works permission

high court dismisses challenge to whitechurch stream flood works permission ballyboden tidy towns group’s judicial review failed on the grounds argued, including challenges concerning wildlife surveys and permission’s indefinite duration. [2021] iehc 648 has dismissed of planning for alleviation alo

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Courts Service · 2021-10-20 · courts

Court of Appeal rules solicitor negligence claim over Leitrim home purchase was out of time

court of appeal rules solicitor negligence claim over leitrim home purchase was out time the allowed solicitors’ appeal, finding alleged planning-title defect caused actionable damage when closed in july 2006. [2021] ieca 268 has an by solicitors and declared that mark smith’s against them statute-b

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Courts Service · 2021-10-20 · courts

High Court refuses bid to strike out Setanta Centre tenant’s new-tenancy claim

high court refuses bid to strike out setanta centre tenant’s new-tenancy claim the said a separate action over rights at site left open realistic possibility that redevelopment could not proceed under existing planning permission. it made no finding on landlord’s statutory defence. [2021] iehc 694 h

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Courts Service · 2021-10-19 · courts

Court of Appeal dismisses nurse’s challenge to refusal of broad discovery request

court of appeal dismisses nurse’s challenge to refusal broad discovery request the left in place five disputed categories a personal injuries case against hse, while noting parties’ agreement disclose ferndale admissions policy documents. [2021] ieca 272 has dismissed psychiatric requests her health

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Courts Service · 2021-10-19 · courts

Court of Appeal upholds 10-year sentence for historic abuse of girl in north Dublin

court of appeal upholds 10-year sentence for historic abuse girl in north dublin the has upheld a prison imposed on m.c. 72 counts indecent assault committed against over almost six years home. was convicted by jury march 2019 after pleading not guilty. complainant, born 1966, seven when began. rela

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Courts Service · 2021-10-19 · courts

Court upholds four-year effective sentence for Kevin Lawlor over Mayfield drug seizure

court upholds four-year effective sentence for kevin lawlor over mayfield drug seizure of appeal the has upheld lawlor’s prison term possessing almost €23,000 worth controlled drugs sale or supply in mayfield, cork. gardaí searched 29 shannon lawn on 7 june 2019. a downstairs room they found bag con

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Courts Service · 2021-10-19 · courts

Court of Appeal dismisses bus driver’s appeal over fatal cyclist collision

court of appeal dismisses bus driver’s over fatal cyclist collision the rejected challenges to jury directions and evidence supporting conviction for careless driving causing death. was upheld; concerned only. has dismissed osborn irabor’s against his death mary white, upholding jury’s verdict. chal

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Courts Service · 2021-10-19 · courts

Court of Appeal overturns council’s liability for cyclist’s fall on cattle grid

court of appeal overturns council’s liability for cyclist’s fall on cattle grid the allowed clare county appeal, set aside high order and dismissed claim, ruling that council was not liable a road defect it had inherited created. [2021] ieca 267 has overturned decision held after cyclist injured in

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Courts Service · 2021-10-18 · courts

High Court rules hospital stay of disabled child unlawful and detrimental to her welfare

high court rules hospital stay of disabled child unlawful and detrimental to her welfare the granted declarations after finding that hse had failed take reasonably practicable steps secure suitable accommodation. it left any damages claim for further consideration kept child’s identity protected. [2

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Courts Service · 2021-10-18 · courts

High Court quashes refusal of Turkish national’s work permission application

high court quashes refusal of turkish national’s work permission application the held that she had acquired a right to permit with her former employer before student visa expired, if job was available, and sent matter back minister for justice consider question. [2021] iehc 692 ruled national an ent

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Courts Service · 2021-10-15 · courts

Appeal court raises damages for Limerick block layer after union membership breach

appeal court raises damages for limerick block layer after union membership breach the of increased general to €22,500 and proposed €7,500 in exemplary damages, finding high had not properly assessed lost job opportunities or union’s conduct. its costs order was provisional. [2021] ieca 265 a whose

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Courts Service · 2021-10-15 · courts

High Court dismisses claim over fistula after hysterectomy

high court dismisses claim over fistula after hysterectomy the found plaintiff had not proved on balance of probabilities that negligent care caused or contributed to fistula. [2021] iehc 650 has dismissed margaret o’dea’s clinical negligence against governors and guardians for relief poor lying wom

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Courts Service · 2021-10-15 · courts

High Court grants orders to clear way for sale of bankrupt’s former lands

high court grants orders to clear way for sale of bankrupt’s former lands the found john gaynor had not produced evidence a right interfere with vested in official assignee. it granted sought on an interlocutory motion and awarded costs bankruptcy. [2021] iehc 676 by assignee bankruptcy concerning t

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Courts Service · 2021-10-15 · courts

Court of Appeal allows Connors estate to be joined in Carrickmines fire claims

court of appeal allows connors estate to be joined in carrickmines fire claims the said it was too early decide whether against were time-barred, leaving that issue open for high if raised. [2021] ieca 266 has allowed appeals by ann-marie cawley and john lynch, permitting late thomas as a defendant

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Courts Service · 2021-10-15 · courts

Court of Appeal rejects Aer Arann’s bid to block recovery of unlawful travel tax aid

court of appeal rejects aer arann’s bid to block recovery unlawful travel tax aid the held that company’s 2010 examinership scheme did not prevent ireland from recovering later found by european commission. succeeded for state on both issues. [2021] ieca 264 has upheld state’s right recover pre-exam

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Courts Service · 2021-10-15 · courts

Court recommends legal aid costs for minor after unsuccessful Oberstown appeal

court recommends legal aid costs for minor after unsuccessful oberstown appeal [2021] ieca 260 of the has recommended that fees incurred by a in an involving children detention centre be paid under – custody issues scheme. ruling does not alter outcome underlying case. had delivered its substantive

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Courts Service · 2021-10-15 · courts

Court of Appeal proposes €43,303 costs award after rejecting challenge to its power to measure costs

court of appeal proposes €43,303 costs award after rejecting challenge to its power measure the said it could under rules and proposed fixing notice party’s at €43,303, inclusive vat. [2021] ieca 262 has measuring a.m.’s vat, l.m.’s argument that no longer had legal services regulation act 2015. rul

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Courts Service · 2021-10-15 · courts

High Court refuses greenway challengers leave to appeal

high court refuses greenway challengers leave to appeal the dismissed an application its earlier decision upholding consent for south kerry greenway. costs remained provisional, and stay issue was listed further submissions. [2021] iehc 642 has refused james clifford, peter sweetman other applicants

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Courts Service · 2021-10-14 · courts

High Court admits carbon copy of Kilkenny farmer’s 1980 will to probate

high court admits carbon copy of kilkenny farmer’s 1980 will to probate the found that circumstantial evidence supported due execution lost original and rejected argument farmer revoked it by failing respond his solicitor. [2021] iehc 657 has admitted a made thomas delahunty, finding conclusion was

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Courts Service · 2021-10-14 · courts

Court of Appeal dismisses appeal against conviction on 40 sexual assault counts

court of appeal dismisses against conviction on 40 sexual assault counts the found no error in trial judge’s handling delay or corroboration warnings and said was safe. has dismissed j.w.’s his by a jury indecent assault, finding basis to set aside verdict. judgment, delivered 14 october 2021 mr jus

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Courts Service · 2021-10-14 · courts

Court of Appeal dismisses tenants’ challenge to possession injunctions

court of appeal dismisses tenants’ challenge to possession injunctions the concerned whether high was entitled hear pepper finance’s injunction application in appellants’ absence. upheld its decision and awarded costs, subject a written submissions process on any alternative costs order. 120211 ieca

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Courts Service · 2021-10-14 · courts

Court of Appeal dismisses challenges by non-party to hearings over two Dublin properties

court of appeal dismisses challenges by non-party to hearings over two dublin properties the ruled that jerry beades had no right be heard in proceedings against properties’ unknown occupants. it left question costs open pending submissions. [2021] ieca 258 dismissed appeals a high judge’s refusal l

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Courts Service · 2021-10-14 · courts

Court of Appeal dismisses challenge to Pepper’s role in possession proceedings

court of appeal dismisses challenge to pepper’s role in possession proceedings the upheld orders substituting pepper finance for beltany property and allowing seek execution a 2008 order. it left costs open further written submissions. [2021] ieca 256 has dismissed jerry beades’s against corporation

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Courts Service · 2021-10-13 · courts

Court of Appeal upholds provisional liquidator’s fee approval in Decobake case

court of appeal upholds provisional liquidator’s fee approval in decobake case the dismissed three appeals by former director paul coyle, affirming fee, discovery and dismissal-motion orders made high court. [2021] ieca 254 has brought limited coyle affirmed concerning company’s liquidation. concern

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Courts Service · 2021-10-13 · courts

High Court refuses residents group leave to appeal planning permission ruling

high court refuses residents group leave to appeal planning permission ruling the rejected group’s application, while directing parties complete submissions needed finalise a separate reference eu court. [2021] iehc 636 has refused hellfire massy association its earlier dismissal of challenge permis

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Courts Service · 2021-10-13 · courts

Court overturns Cork cocaine conviction after jury received no guidance on accused’s silence

court overturns cork cocaine conviction after jury received no guidance on accused’s silence [2021] ieca 261 of appeal the has overturned roy carroll’s for possessing sale or supply finding that a legal how it could treat his during garda interviews. carroll was convicted in circuit criminal 25 febr

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Courts Service · 2021-10-12 · courts

High Court orders each side to bear its own costs in Tearfund rates appeal

high court orders each side to bear its own costs in tearfund rates appeal the found sufficient public interest depart from usual rule after commissioner of valuation won on meaning “advancement religion” under act. [2021] iehc 646 has ordered ireland limited and their a appeal, despite commissioner

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Courts Service · 2021-10-12 · courts

High Court lets estate executor recover costs after beneficiary drops removal bid

high court lets estate executor recover costs after beneficiary drops removal bid the rejected claim that proceedings had prompted completion of and found insufficient evidence to disallow any part executor’s costs. [2021] iehc 645 has ruled a solicitor may his defending brought by sole residuary an

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Courts Service · 2021-10-12 · courts

Court of Appeal upholds Trevor Ormond's sentence for Dublin quays phone robbery

court of appeal upholds trevor ormond's sentence for dublin quays phone robbery the has upheld a late-night on in which man's was taken after struggle and ormond shouted at an accomplice to stab him. happened about 12.30am 5 october 2018. victim walking with friend had out his book taxi when another

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Courts Service · 2021-10-11 · courts

High Court awards €1.78m to garda injured in 2005 assault

high court awards €1.78m to garda injured in 2005 assault the awarded louise leonard damages and future care costs after finding that chronic facial pain had transformed her life. it reduced by 20% account for a recommended treatment may help. [2021] iehc 659 has €1,783,550.77 caused headbutt during

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Courts Service · 2021-10-11 · courts

High Court orders man committed pending extradition to US for resentencing

high court orders man committed pending extradition to us for resentencing the dismissed objections based on offence correspondence and alleged human rights risks, then ordered commitment prison while minister justice considers extradition. [2021] iehc 687 has martin jude wall a decision by his unit

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Courts Service · 2021-10-11 · courts

High Court orders Robert Gabco surrendered to Slovakia over linked shoplifting sentences

high court orders robert gabco surrendered to slovakia over linked shoplifting sentences [2021] iehc 670 the has ordered be under two european arrest warrants arising from cases. both were issued by judge beata sutakova of presov district in february 2021. one concerned incidents, on 22 july and nov

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Courts Service · 2021-10-11 · courts

High Court refuses surrender of Jozef Toráč to Slovakia over trial held in his absence

high court refuses surrender of jozef toráč to slovakia over trial held in his absence [2021] iehc 671 the has refused serve a three-year prison sentence because concerns conducted absence. european arrest warrant concerned toráč’s involvement illegal crossing several indian nationals into and their

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Courts Service · 2021-10-08 · courts

Supreme Court rejects remittal request and awards O’Callaghan 45% of lower-court costs

supreme court rejects remittal request and awards o’callaghan 45% of lower-court costs the declined to reopen damages issues after finding an article 38 delay violation, awarded appellant full appeal. has rejected michael o’callaghan’s remit high him his appeal, plus appeal costs. in a ruling delive

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Courts Service · 2021-10-08 · courts

High Court makes interlocutory motion costs depend on outcome of employment dispute

high court makes interlocutory motion costs depend on outcome of employment dispute the did not decide whether suspension or investigation was lawful. it ordered that and short-service application be in cause. [2021] iehc 640 has an employee’s injunction cause, so they will follow eventual his ongoi

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Courts Service · 2021-10-07 · courts

High Court strikes out claim against receiver’s employer but allows case against lender to continue

high court strikes out claim against receiver’s employer but allows case lender to continue the found no reasonable cause of action duff and phelps, while directing plaintiff file a fresh amended remaining defendants. [2021] iehc 637 struck henry greally’s phelps (ireland) limited, allowed his havbe

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Courts Service · 2021-10-07 · courts

High Court grants planning board leave to appeal over environmental statement requirement

high court grants planning board leave to appeal over environmental statement requirement the certified a reworded question about whether regulations require distinct, identifiable on other assessments. order will not be perfected until residents’ association has had seven days consider possible cro

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Courts Service · 2021-10-07 · courts

Court of Appeal sets aside €53,682.95 award over filling-station knee injury

court of appeal sets aside €53,682.95 award over filling-station knee injury the allowed employer’s and dismissed worker’s claim, finding no credible evidence supported high court’s liability decision. costs were provisionally proposed in favour, subject to a 14-day window for worker seek different

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Courts Service · 2021-10-06 · courts

High Court refuses Thomas Reid leave to appeal Intel planning challenge

high court refuses thomas reid leave to appeal intel planning challenge the dismissed reid’s application for after an earlier dismissal of his judicial review. it also made no order as costs, with perfection that deferred seven days. [2021] iehc 593 has refused review concerning a decision involving

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Courts Service · 2021-10-06 · courts

High Court orders €257,165 payment to stand despite later adjudication

high court orders €257,165 payment to stand despite later adjudication the enforced an earlier adjudicator’s decision, refused offset it against a decision that was not in evidence, and awarded interest only from perfection of order. [2021] iehc 619 has ordered pure fitout associated limited pay aak

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Courts Service · 2021-10-06 · courts

Court of Appeal dismisses Kellys’ assault claims after finding delay unexplained

court of appeal dismisses kellys’ assault claims after finding delay unexplained the allowed bank’s against high court’s refusal to dismiss for want prosecution. it dismissed bank; costs remained subject a possible short hearing. [2021] ieca 251 has brendan kelly and asta o’kelly’s irish bank resolu

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Courts Service · 2021-10-06 · courts

High Court sends immigration refusal back for fresh Article 8 assessment

high court sends immigration refusal back for fresh article 8 assessment the found that minister had wrongly assessed an adult son’s family life with his mother and not properly considered combined effect of circumstances. [2021] iehc 634 has quashed a decision refusing colombian national permission

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Courts Service · 2021-10-06 · courts

Appeal court orders John O’Connell to pay respondents’ costs

appeal court orders john o’connell to pay respondents’ costs the of ruled on after dismissing o’connell’s over refusal leave seek judicial review. it ordered him costs, with a stay if he applies for supreme court. [2021] ieca 255 has three respondents his in proceedings concerning taxing master’s re

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Courts Service · 2021-10-05 · courts

High Court puts receivers’ motion costs in the cause after Enniscrone sale

high court puts receivers’ motion costs in the cause after enniscrone sale plaintiffs withdrew their injunction property completed. ordered defendants’ of to be cause, leaving final responsibility dependent on outcome action. [2021] iehc 627 that an interlocutory over apartment cause. was withdrawn

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Courts Service · 2021-10-05 · courts

High Court orders further particulars and limited discovery in solicitor’s defamation action

high court orders further particulars and limited discovery in solicitor’s defamation action the directed william egan to answer three requests for produce specified determinations about his legal practice. it declined extend complaints that were not upheld. [2021] iehc 625 has ordered solicitor pro

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Courts Service · 2021-10-05 · courts

High Court orders three property notices lifted after finding they were used to pressure developers

high court orders three property notices lifted after finding they were used to pressure developers the vacated lis pendens over sites in blackrock, ranelagh and crumlin, their registration was intended press defendants pay money. it did not decide whether plaintiffs have an interest properties. [20

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Courts Service · 2021-10-05 · courts

Court of Appeal dismisses challenge to unlicensed auctioneering prosecution

court of appeal dismisses challenge to unlicensed auctioneering prosecution the held that judicial review application was out time and appellant’s concerns about caution, missing notes statutory investigation process should be dealt with at trial. [2021] ieca 250 has dismissed arthur connell nugent’

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Courts Service · 2021-10-05 · courts

High Court makes costs of defamation motion dependent on trial outcome

high court makes costs of defamation motion dependent on trial outcome the ruled that from an earlier interim injunction motion, and plaintiffs’ short-service application, will be in cause. underlying action remains undecided. [2021] iehc 624 has interlocutory a brought by beaumont hospital board ma

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Courts Service · 2021-10-05 · courts

Court of Appeal dismisses Zurich challenge to insurer’s joinder in injury proceedings

court of appeal dismisses zurich challenge to insurer’s joinder in injury proceedings the upheld high court’s interlocutory decision allowing quinns baltinglass pursue an indemnity claim against same proceedings. whether must indemnify remains undecided. [2021] ieca 249 has dismissed insurance plc’s

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Courts Service · 2021-10-05 · courts

Court of Appeal dismisses challenge to receiver’s appointment over two Wexford properties

court of appeal dismisses challenge to receiver’s appointment over two wexford properties the upheld high court’s decision that receiver was validly appointed and entitled possession. it also refused new arguments raised for first time on appeal. [2021] ieca 248 has dismissed hugh corrigan’s against

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Courts Service · 2021-10-05 · courts

Supreme Court brings Butler litigation to an end with costs ruling

supreme court brings butler litigation to an end with costs ruling after the parties were invited address following its september 2021 final judgment, put proposed order into effect and vacated any stay on orders in lower courts. has brought end, putting given opportunity make brief submissions cost

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Courts Service · 2021-10-05 · courts

Court cuts Mario Tache sentence to 18 months over Midleton phone shop robbery

court cuts mario tache sentence to 18 months over midleton phone shop robbery of appeal the has reduced tache's for a at 3 mobile store in midleton, co cork, from two years months. entered on 30 june 2018 and tried pull display counter. when manager intervened, punched him several times. he also pus

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Courts Service · 2021-10-05 · courts

High Court awards Vector €1.19m in unpaid nursing-home services invoices

high court awards vector €1.19m in unpaid nursing-home services invoices the granted summary judgment against firstcare after finding that its general objections to did not disclose an arguable defence. award was reduced by €642.62 for administrative error. [2021] iehc 635 has workplace and faciliti

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Courts Service · 2021-10-05 · courts

High Court orders plaintiff to pay defendants’ costs of motion in defamation case

high court orders plaintiff to pay defendants’ costs of motion in defamation case the ruled that action must proceed as a claim for damages and stayed execution order until is determined. [2021] iehc 626 has ordered william j. p. egan 22 concerning how his could proceed, while staying judgment deliv

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Courts Service · 2021-10-05 · courts

Court of Appeal reduces personal injury award to €184,750

court of appeal reduces personal injury award to €184,750 the allowed defendants’ in part, replacing high court’s €219,750 after finding inadequate reasons for its general damages assessment. it invited further submissions on costs. [2021] ieca 247 reduced awarded sarah quinn a action from €184,750,

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Courts Service · 2021-10-04 · courts

Supreme Court awards John Matthews costs across all three courts in DPP challenge

supreme court awards john matthews costs across all three courts in dpp challenge the has ordered that recover his legal high court, of appeal and following dpp’s unsuccessful to a district order. substantive had been decided on september 21, 2021. sought quash an order made by judge elizabeth mcgra

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Courts Service · 2021-10-04 · courts

High Court ends deportation challenge as moot, orders costs only from 12 July 2021

high court ends deportation challenge as moot, orders costs only from 12 july 2021 the order was revoked after applicant’s partner became pregnant and their child born. made no finding on original divided by period. [2021] iehc 613 has treated a to moot revoked, but ordered applicant pay respondent’

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Courts Service · 2021-10-04 · courts

High Court gives further reasons before finalising EU court reference in planning challenge

high court gives further reasons before finalising eu reference in planning challenge the clarified role of a masterplan and planning-height guidelines, then gave parties two weeks to revise proposed answers for planned cjeu. [2021] iehc 612 has given judicial review concerning permission, but not y

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Courts Service · 2021-10-04 · courts

High Court orders Romeo Rostas surrendered to France to serve three-year burglary sentence

high court orders romeo rostas surrendered to france serve three-year burglary sentence [2021] iehc 639 the has ordered surrender of a prison arising from two break-ins at car breakers’ yard in taradeau. french authorities sought under european arrest warrant issued april 2021. he was arrested irela

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Courts Service · 2021-10-04 · courts

Supreme Court awards late prisoner's estate half of High Court costs despite failed negligence claim

supreme court awards late prisoner's estate half of high costs despite failed negligence claim the has awarded prisoner p mcd his legal proceedings against governor x prison ultimately failing. ruling followed court's unanimous decision in september 2021 upholding appeal's reversal a finding that ha

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Courts Service · 2021-10-04 · courts

High Court refers six environmental law questions in Trim housing challenge

high court refers six environmental law questions in trim housing challenge the adjourned remaining judicial review proceedings while of justice european union considers about screening and handling public submissions. [2021] iehc 610 has referred to (cjeu) a planning permission for 320 homes trim,

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Courts Service · 2021-10-04 · courts

Supreme Court awards Kelly 50% of costs in dismissal case

supreme court awards kelly 50% of costs in dismissal case the treated dispute as part wider proceedings, after an earlier ruling quashed government’s decision but declined salary and pension relief. s: ap: ie: 2020: 000044 {'name': 'the court', 'source_name': 'an chúirt uachtarach / court'} has awar

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Courts Service · 2021-10-04 · courts

High Court pauses teacher’s disciplinary process over lockdown classes

high court pauses teacher’s disciplinary process over lockdown classes the granted an interlocutory injunction while a legal challenge proceeds, citing fair question about possible board bias and concerns principal’s report. [2021] iehc 633 has restrained rosmini community school’s of management fro

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Courts Service · 2021-10-01 · courts

High Court quashes Ringaskiddy incinerator permission over objective bias and sends application back to planning board

high court quashes ringaskiddy incinerator permission over objective bias and sends application back to planning board the ordered an bord pleanála reconsider indaver’s from before october 2017 decision, directed it correct applicant’s name. did not direct seek new information or hold another hearin

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Courts Service · 2021-10-01 · courts

High Court rules Dunnes must take steps to fit out Point Village anchor store

high court rules dunnes must take steps to fit out point village anchor store the found in breach of its contractual fit-out obligations, but left some requested orders for further submissions, including because a fire safety certificate may be required. [2021] iehc 628 court, commercial has ruled t

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Courts Service · 2021-10-01 · courts

High Court sends hotel valuation appeal back after finding Tribunal’s reasons inadequate

high court sends hotel valuation appeal back after finding tribunal’s reasons inadequate the answered stated questions of law in negative and remitted matter to tribunal for a hearing. it did not decide hotel’s rateable valuation. [2021] iehc 663 has sent concerning jackson on dublin’s harcourt stre

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Courts Service · 2021-10-01 · courts

High Court rejects appeal over inner gate and waste trailer

high court rejects appeal over inner gate and waste trailer the upheld findings that was not exempt from planning control did qualify for seven-year enforcement limit. it left formal order costs later submissions. [2021] iehc 618 has rejected james nugent’s against a circuit requiring him to remove

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