Courts Service · 2021-12-21 · courts
high court dismisses columb brazil’s challenge to transfer of mortgage security mr justice mark heslin dismissed claim against eight defendants, finding that his arguments about the cross-border merger and retrospective application regulations were bound fail. directed parties discuss final order co
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Courts Service · 2021-12-21 · courts
court of appeal dismisses james lammon’s challenge over handling trial evidence the found that lammon had instructed his lawyers to accept edited about an alleged garda station conversation. it dismissed appeal, which argued been admitted against instructions. [284/16] has murder conviction, finding
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Courts Service · 2021-12-21 · courts
court of appeal dismisses kildare county council over corban’s lane forecourt the upheld high court’s ruling that had not proved a public right way disputed area before its compulsory purchase. [2021] ieca 341 has dismissed council’s beside properties at dara court, lane, naas, and affirmed orders.
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Courts Service · 2021-12-21 · courts
high court restricts two meridian motors directors for five years the declined to disqualify directors, finding serious allegations of fraud unproved on affidavit evidence, but ordered restrictions under companies act. [2021] iehc 826 has restricted former ltd after they had not shown that acted hon
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Courts Service · 2021-12-21 · courts
high court refuses eli lilly bid to split novartis patent trial the said splitting could save at least 10 days of time, but might deprive opportunity seek an injunction before its expired. [2021] iehc 814; [2021 no. 2527 p] refused lilly’s application dispute with into two modules, finding that prop
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Courts Service · 2021-12-21 · courts
high court quashes protection appeal decision over south africa state analysis the found that tribunal had not properly assessed whether provided effective, non-temporary from xenophobic violence. it quashed refusing and left consequential orders for later consideration. [2021] iehc 817 has a intern
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Courts Service · 2021-12-21 · courts
high court orders full rehearing in action alarms commission dispute the kept oral evidence as default for fresh hearing and refused an adjournment. underlying breach of contract claim remains undecided this judgment. [2021] iehc 779 has directed that a between limited, trading security systems, emm
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Courts Service · 2021-12-21 · courts
high court refuses bid to set aside third-party proceedings in child’s burn-injury case the found defendant sought join third party as soon reasonably possible and that party’s later application was not brought promptly. underlying injury claim remains unresolved. [2021] iehc 844 has refused an by k
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Courts Service · 2021-12-21 · courts
high court keeps lien dispute, citing wider question about 2009 registration deadline a judge refused to remit lender’s proceedings the circuit court, finding defence raised significant of statutory interpretation. defendant received protection against higher costs. [2021] iehc 796 has an applicatio
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Courts Service · 2021-12-21 · courts
court of appeal dismisses dpp challenge to fully suspended sentence the described as very lenient and at outer limits sentencing judge’s discretion, but declined intervene in light respondent’s rehabilitation community. [2021] ieca 344 has dismissed a director public prosecutions application review
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Courts Service · 2021-12-21 · courts
high court refuses to dismiss horse ownership claim over delay the accepted that plaintiff’s was inordinate and inexcusable but found no demonstrated prejudice sufficient justify dismissing his claim. costs remained be decided. [2021] iehc 853 has refused a of race mare my girl anna, despite accepti
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Courts Service · 2021-12-21 · courts
court of appeal dismisses challenge to rape conviction over unrecorded witnesses the found that gardaí should have approached two people who accompanied complainant station, but said possible effect their evidence was speculative. has dismissed s.q.’s against his for raping k.s., finding failure app
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Courts Service · 2021-12-21 · courts
court of appeal quashes refusal ukrainian woman’s study visa the found reasons inadequate and overstay assessment irrational, but did not decide original application or grant a visa. [2021] ieca 340 has quashed an appeals officer’s decision upholding visa, finding that given were was unreasonable ir
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Courts Service · 2021-12-21 · courts
high court dismisses challenge to windfarm’s strategic infrastructure status the upheld an bord pleanála’s preliminary decision that a proposed 17-turbine windfarm across waterford and cork met statutory threshold. claims concerning state were adjourned. [2021] iehc 783 has dismissed most of judicia
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Courts Service · 2021-12-21 · courts
appeal dismissed; no retrial ordered in unlawful-organisation membership case the court of held that belief evidence was wrongly excluded and compelling principle, but concluded interests justice did not support retrying either respondent. appeal; trial court: special criminal has dismissed director
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Courts Service · 2021-12-21 · courts
high court awards €25,000 over airport authority’s retention of surveillance report the found dublin authority unlawfully retained a private investigator’s on an employee’s file after it should have been removed. rejected her claim that later workplace events caused psychiatric injury. [2021] iehc 8
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Courts Service · 2021-12-21 · courts
court of appeal sets aside planning findings but leaves enforcement case open the upheld a 12-month adjournment section 160 application, while setting about alleged unauthorised use and shed because evidence was inadequate. [2021] ieca 345 has high court’s decision to adjourn application for 12 mont
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Courts Service · 2021-12-21 · courts
court of appeal dismisses prisoner’s challenge over indictment bill number the agreed that alleged numbering discrepancy did not make detention unlawful and dismissed appeal. [2021] ieca 346 has a against high decision refusing to hold an inquiry into lawfulness his detention. prisoner, who is servi
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Courts Service · 2021-12-21 · courts
court of appeal quashes three convictions in historic indecent assault case the rejected most grounds but quashed on counts because they improperly charged same alleged offences as alternatives. four other remain. has against an anonymised appellant a child sexual abuse case, ruling that were framed
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Courts Service · 2021-12-21 · courts
court of appeal dismisses prisoner's challenge to refusal article 40 release the rejected james fogarty’s over a high order his release, while saying any later against conviction or sentence should receive priority if time is extended. [2021] ieca 352 has dismissed decision refusing from portlaoise
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Courts Service · 2021-12-21 · courts
supreme court allows attorney general to join an taisce planning appeal the said environmental law raised issues of public importance and permitted join, subject bearing his own costs. underlying remains be decided. [2021] iesc 79 has allowed taisce’s over permission for a proposed cheese factory in
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Courts Service · 2021-12-21 · courts
high court strikes out 2019 proceedings and restricts further claims against grant thornton side the dismissed a woman’s lawyers, thornton, state data protection commission, ordered that specified parties require leave. [2021] iehc 825 has struck issued in by gerardine scanlan finding were fundament
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Courts Service · 2021-12-21 · courts
high court orders fresh service after overseas proceedings were served with a defective order the allowed an agreed correction to authorising abroad, refused deem earlier good and awarded two defendants costs of both motions. [2021] iehc 795 ordered generator source limited liability partnership, tr
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Courts Service · 2021-12-21 · courts
high court allows amendment to personal injury claim against circle k the permitted kristina kandaurova amend her after finding no relevant prejudice k. it also refused company’s separate applications dismiss, stay or strike out proceedings. [2021] iehc 854 has allowed energy group limited and in a
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Courts Service · 2021-12-21 · courts
high court rejects challenge to cavan waste plant planning permission the refused all relief sought in a judicial review, finding assessment and conditions lawful. it left final order costs for later submissions. [2021] iehc 834 has review an bord pleanála’s 2017 direction granting processing transf
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Courts Service · 2021-12-21 · courts
high court quashes deportation order over assessment of employment prospects the found minister wrongly treated applicant’s lack permission to work or remain as a negative factor when considering his prospects. it left remittal and costs for later submissions. [2021] iehc 835 has quashed against ban
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Courts Service · 2021-12-20 · courts
court of appeal allows minister’s over refusal residence card the held that dependency required material support for essential needs and an assessment applicant’s financial social conditions. it set aside high orders quashing awarding costs to mr dar. [2021] ieca 339 allowed minister justice equalit
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Courts Service · 2021-12-20 · courts
high court rules against further coercive treatment for ward with severe anorexia the approved an hse proposal that be offered only where clinicians consider it in ms. a’s best interests and she agrees to accept it, while finding continues lack capacity. [2021] iehc 836 has order a receive care her
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Courts Service · 2021-12-20 · courts
high court orders each side to bear its own costs after heneghan’s electoral law challenge failed the divisional dismissed tomás claim in november 2021. a later ruling, it declined award either side, citing public importance of constitutional challenges and state’s offer let him withdraw. [2021] ieh
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Courts Service · 2021-12-20 · courts
circuit court rejects 2018 will after finding taxi driver controlled elderly man’s finances the found was not properly witnessed and, alternatively, that it product of undue influence and unconscionable conduct. refused to revoke an earlier will; costs remain be heard. [2021] iecc 2 court, dublin ci
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Courts Service · 2021-12-20 · courts
high court refuses extradition to moldova over risk of inhuman prison conditions the found that evidence widespread deficiencies outweighed moldova’s assurances in this case, while leaving open possibility a future application supported by new evidence. [2021] iehc 828 refused attorney general’s com
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Courts Service · 2021-12-20 · courts
high court dismisses €2.5m claim against guarantor over inexcusable delay a judge dismissed cabot financial’s proceedings the second defendant, finding that plaintiff’s was inordinate and inexcusable. costs position remained provisional pending later mention. [2021] iehc 823 has financial [ireland]
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Courts Service · 2021-12-20 · courts
high court approves €125,000 fatal injuries settlement, changes division of damages the approved hse settlement without any finding liability, directing that €35,000 mental-distress award be divided between deceased’s partner and mother. [2021] iehc 754 a proposed claim against health service execut
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Courts Service · 2021-12-20 · courts
high court dismisses challenge to expired covid mass restrictions as moot the did not rule on whether were lawful. it dismissed application because rules had and a decision would have little value for any future measures. [2021] iehc 822 declan j. ganley’s covid-19 that prevented him from attending
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Courts Service · 2021-12-17 · courts
hse and hospital awarded costs after judicial review refused the high court ordered respondents’ costs, to be adjudicated if parties could not agree, stayed order through appeal period and, an is maintained, until its first directions date. [2021] iehc 800 has health service executive anonymised of
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Courts Service · 2021-12-17 · courts
high court quashes circuit order on infant’s care and remits appeal for rehearing the ruled that a restriction father’s unsupervised access was beyond court’s jurisdiction, but said it could not remove part while leaving rest of in place. [2021] iehc 812 has quashed full made child welfare case sent
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Courts Service · 2021-12-17 · courts
high court orders surrender to latvia after rejecting article 8 objection the found respondent’s evidence about family and personal ties in ireland did not rebut statutory presumption against surrender. [2021] iehc 839 has ordered martin klovans’s for prosecution on an alleged robbery-type offence,
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Courts Service · 2021-12-17 · courts
high court refuses eu reference in labour market access case the held that challenge was substantially moot after applicant received permission to work, and said proposed law question did not need referral. [2021] iehc 806 has refused an applicant’s request refer a about for international protection
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Courts Service · 2021-12-17 · courts
school ordered to pay teacher’s costs after losing injunction dispute the high court ruled on of an earlier that paused a disciplinary hearing while legal challenge proceeds. it did not decide underlying allegations or final case. [2021] iehc 810 board management rosmini community emer lally’s inter
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Courts Service · 2021-12-17 · courts
high court refuses to quash decision rejecting pakistani applicant’s protection claim the found tribunal’s credibility assessment and reasons lawful, declined relief sought, invited further submissions on final order costs. [2021] iehc 841 has an international appeals tribunal refusing a national re
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Courts Service · 2021-12-17 · courts
high court orders man’s surrender to latvia over sentence and counterfeit card offences the rejected objections after finding that conduct described in european arrest warrant corresponded under irish law. [2021] iehc 837 has ordered of stanislav smirnovs serve remaining portion a five-year sentence
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Courts Service · 2021-12-17 · courts
high court refuses rté bid to strike out joe costello’s claim the declined dismiss proceedings at this stage, saying established rules offered ways narrow or resolve issues before trial. [2021] iehc 798 has refused rté’s application against broadcaster over its handling of a defamation action brough
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Courts Service · 2021-12-17 · courts
high court finds deliberate tax understatement and orders €440,930.80 penalty the found geraldine kavanagh, acting for revenue, was entitled to imposing permitting recovery of a from frank hynes. costs other outstanding matters were left later listing. [2021] iehc 815 that hynes deliberately underst
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Courts Service · 2021-12-17 · courts
court of appeal awards respondents costs after dismissing the rejected appellant’s argument that poverty justified departing from usual rule follow event. [2021] ieca 336 has awarded an it had dismissed in july 2021, ruling appellant not shown a reason to depart ruling, delivered by ms justice coste
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Courts Service · 2021-12-16 · courts
high court refuses request for unredacted loan transfer documents a borrower sought copies of concerning the loans and security. found he had not shown additional disclosure was needed fair hearing. [2021] iehc 793 has refused cornelius mcfadden’s application production, inspection unredaction relat
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Courts Service · 2021-12-16 · courts
supreme court rejects maternity benefit claim based on work without a permit the allowed state’s appeal, ruling that contributions from employment undertaken required immigration permission and did not qualify for benefit. appeal in case about whether woman who worked ireland could count prsi toward
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Courts Service · 2021-12-16 · courts
high court refuses challenge to refusal of georgian family’s protection claims the held that appeals tribunal could rely on inconsistencies in mother’s account and reject children’s as dependent hers. [2021] iehc 797 has refused a mother two application quash decision refusing them refugee status su
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Courts Service · 2021-12-15 · courts
high court refuses to renew summons in €965,000 investment dispute mr justice mark sanfey found no special circumstances justify renewal after years of delay. the ruling addressed only, leaving jurisdictional objections and underlying undecided. [2021] iehc 790 has refused an application a disputed
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Courts Service · 2021-12-15 · courts
high court orders estate administrator to pay costs of failed injunction application personally the ordered a discrete against plaintiff without restriction, stayed enforcement until main proceedings are determined, and directed damages inquiry take place at trial. [2021] iehc 791 jean connors her u
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Courts Service · 2021-12-15 · courts
high court finds tarbutus entitled to possession orders over limerick apartment the upheld registered owner’s title and said it would grant injunctive relief sought after rejecting conor hogan’s defences. precise form of orders, including costs, remained be settled. [2021] iehc 786 has found limited
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Courts Service · 2021-12-15 · courts
high court orders disclosure of garda statements in bullying case, withholds report to dpp the found investigation file had only marginal relevance a civil claim over alleged workplace bullying, but ordered production specified witness statements, an interview memo and email. [2021] iehc 808 has num
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Courts Service · 2021-12-15 · courts
high court restrains mater from ending surgeon’s practising privileges under disputed notice the interlocutory ruling found a strong case that termination process may breach mater’s 2020 constitution. did not decide underlying dispute or bar hospital starting proper disciplinary process. [2021] iehc
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Courts Service · 2021-12-15 · courts
court of appeal rules it cannot hear hosford’s in protected disclosure case the upheld department’s preliminary objection, finding that high court’s decision under section 46 workplace relations act 2015 was final and conclusive. did not determine underlying about labour rejection his complaint. [20
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Courts Service · 2021-12-15 · courts
high court orders disclosure of statements in garda investigation file the directed defendants to furnish identified an earlier judgment, while upholding privilege over rest file. it invited submissions on final order and costs. [2021] iehc 809 has ordered martina kelly’s case from a file, their cla
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Courts Service · 2021-12-15 · courts
high court awards pepper finance costs in two property contempt applications the ordered occupants to pay lender’s full after finding it was entitled relief attachment and committal applications, despite their success on one issue about when proved. [2021] iehc 792 has of dublin properties corporati
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Courts Service · 2021-12-15 · courts
court of appeal dismisses developer’s vat over housing licences the upheld findings that short-term for a development’s estate agent created neither self-supply nor basis to avoid on house sales. it also declined refer dispute cjeu. [2021] ieca 334 has dismissed an by vieira limited assessed sales n
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Courts Service · 2021-12-15 · courts
high court quashes protection appeal decision over treatment of country reports the ordered a fresh assessment by different tribunal member after finding that did not explain why it preferred older information about sectarian violence in pakistan. [2021] iehc 787 has quashed refusing pakistani man’s
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Courts Service · 2021-12-14 · courts
high court refuses revenue bid to add tax appeal transcript case stated the ruled that was not needed decide legal issues identified in and refused admit it, it by amendment or remit matter commissioners. [2021] iehc 780 has commissioners’ application put of evidence before commissioners into a way
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Courts Service · 2021-12-14 · courts
high court quashes decisions in georgian protection appeal over refusal of oral hearing the found that appeals tribunal had not engaged with applicant’s submissions on why an was needed. it sent request back for a fresh decision and quashed tribunal’s later his appeal. [2021] iehc 781 has two by int
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Courts Service · 2021-12-14 · courts
irish high court refuses return of three children to england under hague convention the found older two remained habitually resident in england, but refused separate siblings after finding youngest had become ireland. has an application from ireland convention, that their circumstances and habitual
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Courts Service · 2021-12-14 · courts
high court joins an taisce and otter group as amici in eu reference the allowed two organisations to make written submissions on proposed answers questions for cjeu, before finalising order. [2021] iehc 771 has joined – national trust ireland save our bride otters curiae proceedings brought by hellf
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Courts Service · 2021-12-14 · courts
high court orders surrender to uk on 11 offences, excluding extreme pornography charge the dismissed objections a european arrest warrant, but found no corresponding irish offence for one of 12 charges. [2021] iehc 831 has ordered oliver lown united kingdom prosecution offences alleged have been com
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Courts Service · 2021-12-13 · courts
high court orders surrender to france over 2014 sentence imposed in absentia the rejected objections surrender, finding that respondent had received notice of french trial through his lawyer. it said would consider a postponement application because he was due for scan january 2022. [2021] iehc 827
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Courts Service · 2021-12-13 · courts
high court quashes refusal of accountant’s employment permit application the found minister’s decision treated lack immigration permission as making a impossible, despite statutory discretion. it ordered reconsideration by different officer. [2021] iehc 821 has quashed to grant bangladeshi accountan
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Courts Service · 2021-12-13 · courts
high court orders surrender of hungarian prisoner after rejecting medical and sentence objections the dismissed to under european arrest warrant act, accepting assurances about prison conditions care in hungary. it ordered section 16; credit for time already served is hungary decide. [2021] iehc 830
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Courts Service · 2021-12-13 · courts
supreme court upholds covid-related postponement of lithuanian surrender the dismissed andrius sciuka’s appeal, finding that flight cancellations and short time available justified postponing his under humanitarian grounds. [2021] iesc 83 ireland has appeal against an order to lithuania a european a
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Courts Service · 2021-12-13 · courts
supreme court judge says evidence did not justify delaying lithuanian surrender in a judgment concurring with hogan j, mr justice peter charleton said the minister had established that closure of usual flight route prevented andrius sciuka’s or justified postponement on humanitarian grounds. [2021]
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Courts Service · 2021-12-13 · courts
supreme court allows appeal over postponement of lithuania surrender the found minister had not provided enough evidence that covid-related flight cancellations made timely impossible on serious humanitarian grounds. ireland allowed andrius sciuka’s against his to under a european arrest warrant, fi
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Courts Service · 2021-12-13 · courts
supreme court says it can hear appeal despite retirement of judge who referred legal question the ruled that its constitutional appellate jurisdiction was engaged and answering would not be futile, given issue’s wider practical importance. has proceed with an concerning interpretation disability act
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Courts Service · 2021-12-13 · courts
supreme court says it can hear appeal despite circuit judge’s retirement the preliminary ruling concerned court’s jurisdiction to review a of decision on consultative case stated after referring judge retired. has ruled that an concerning stated, even though who referred question had addresses issue
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Courts Service · 2021-12-10 · courts
high court orders applicant to pay teaching council’s costs after judicial review leave refused the ruling followed an earlier refusal of on delay grounds. judge allowed one counsel and stayed order if appeal is brought. [2021] iehc 753 has ordered fiona roche council ireland’s refusing her applicat
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Courts Service · 2021-12-10 · courts
high court orders further redactions to garda report in defamation case the allowed commissioner’s application re-enter matter and directed that be made available for inspection a further-redacted form. [2021] iehc 818 has ordered sought between lynda meegan times newspapers limited, trading as sund
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Courts Service · 2021-12-10 · courts
high court to strike out company’s professional negligence claim after four-year delay the found in prosecuting proceedings inordinate and inexcusable, said balance of justice favoured second defendant. orders costs were left for a later listing. [2021] iehc 820 has ruled that should be struck findi
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Courts Service · 2021-12-10 · courts
high court quashes refusal of pakistani husband’s irish visa appeal the found minister had not adequately considered couple’s marriage and ordered decision quashed, with costs. it did grant visa. [2021] iehc 789 has quashed for justice’s refusing a man’s long-stay to join his citizen wife, finding t
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Courts Service · 2021-12-10 · courts
high court orders limited discovery in starbucks liffey valley tenancy dispute the appeal succeeded part: documents about 2010 renunciation’s application to 2016 deed must be disclosed, excluding pre-contract negotiations. a separate request for legal-assistance was refused. [2021] iehc 773 has orde
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Courts Service · 2021-12-10 · courts
court of appeal increases sentence for 19.8kg diamorphine offence the found original unduly lenient, but upheld sentencing judge’s decision to depart from presumptive 10-year minimum. [2021] ieca 350 has quashed a seven-and-a-half-year imposed on man who pleaded guilty possessing drugs worth at leas
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Courts Service · 2021-12-10 · courts
court of appeal dismisses challenge to eight-year rape sentence the upheld central criminal sentence, finding 11-year headline and reduction eight years were within sentencing judge’s discretion. [2021] ieca 358 appeal; (sentencing court) has dismissed an against severity prison imposed on erick muk
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Courts Service · 2021-12-10 · courts
high court rejects dpp appeal over department’s counsel-fee records the affirmed information commissioner’s decision that department of public expenditure and reform could not rely on dpp’s foi exclusion to withhold its own copies correspondence. [2021] iehc 752 has dismissed an by director prosecut
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Courts Service · 2021-12-10 · courts
high court adjudicates gerard carew bankrupt over unpaid guarantee debt the made bankruptcy order on 1 november 2021 after finding petition requirements were met and no appropriate alternative to remained. written judgment explains reasons; it does not decide debtor’s later appeal. [2021] iehc 767 c
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Courts Service · 2021-12-09 · courts
court of appeal rejects solicitor’s bid to 1999 misconduct finding the dismissed john colm murphy’s against refusal extend time limit, citing extraordinary delay and prejudice from trying resolve disputed recollections decades later. [2021] ieca 332 has a high for him challenge professional by solic
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Courts Service · 2021-12-09 · courts
court of appeal cuts road crash award and finds plaintiff one-third contributorily negligent the allowed an against a high judgment that had held lorry driver fully liable, reduced damages for pain suffering, added loss opportunity. [2021] ieca 329 has driver’s over 2014 crash, finding injured motor
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Courts Service · 2021-12-09 · courts
high court refuses challenge to retired doctor’s removal from medical register the held that a previously rejected complaint remained disposed of while council considered whether new material justified reopening it. [2021] iehc 776 has refused judicial review ireland’s decision remove doctor it was
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Courts Service · 2021-12-09 · courts
court of appeal judge would reduce damages by 20% for contributory negligence in a split judgment, woulfe j. agreed that the injured motorist had failed to speed, but concluded oncoming wall lights mitigated failure. he leave high court’s award intact and deduct 20%. [2021] ieca 329 allow an part fi
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Courts Service · 2021-12-07 · courts
high court sets aside extension to renew summons in road accident claim the found no satisfactory explanation for an delay of more than eight and a half months after service deadline, despite accepting that plaintiff would face greater prejudice if could not proceed. [2021] iehc 778 has set order ex
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Courts Service · 2021-12-07 · courts
high court awards plaintiff two-thirds of costs amendment motion the order follows plaintiff’s successful application to amend pleadings after a two-day contested hearing. execution is stayed until main proceedings are determined. [2021] iehc 751 has ordered plaintiff, donal carey, recover his for l
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Courts Service · 2021-12-07 · courts
supreme court allows an taisce to pursue wider grounds in cheese factory appeal the ruled that over planning permission for a proposed slieverue may include arguments about off-site milk production and water pollution. it did not decide appeal’s merits. [2021] iesc 109 (determination referenced); pr
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Courts Service · 2021-12-07 · courts
court of appeal overturns order allowing cross-examination in garda hegarty case the concerned whether a senior could be questioned on affidavit evidence judicial review challenge to initiation statutory dismissal process. held that no relevant factual dispute had been shown. [2021] ieca 328 has ove
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Courts Service · 2021-12-07 · courts
high court refuses solicitor’s bid to dismiss negligence proceedings the found plaintiff’s delay in pursuing his 2014 claim was inordinate and inexcusable, but held that balance of justice favoured allowing case continue. it also refused strike out as bound fail or vexatious. [2021] iehc 769 has a a
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Courts Service · 2021-12-07 · courts
high court strikes out two motions over insufficient proof of service the did not consider merits either application, finding that martin tucker had sufficiently proved on elizabeth curry. [2021] iehc 768 struck applications by against curry after he relevant papers. application. mr justice allen de
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Courts Service · 2021-12-06 · courts
high court reopens lake abstraction case and refers water rules to eu the sent three questions on body classification cjeu after epa correspondence raised a central issue in its earlier decision quash planning permission. [2021] iehc 777 has reopened peter sweetman’s challenge permission for freshwa
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Courts Service · 2021-12-06 · courts
high court dismisses land contract claim after finding nearly six years’ delay inexcusable ms justice stack dismissed daniel byrne’s over a €350,000 share of deposits, ruling that the and risk an unfair trial outweighed factors against dismissal. [2021] iehc 772 has seeking return paid towards purch
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Courts Service · 2021-12-06 · courts
high court orders surrender to belgium serve 15-year sentence the found that was not barred by respondent’s arguments, but postponed its order while it considered a separate austrian request. later ordered and declined in other proceedings. [2021] iehc 847 bashkim osaj’s prison sentence, after findi
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Courts Service · 2021-12-06 · courts
court of appeal increases suspended portion money-laundering sentence the kept tanya breen’s three-and-a-half-year but final 15 months, replacing a circuit order that six months. prison for two offences increased from months to it quashed and substituted with suspended. breen had appealed severity i
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Courts Service · 2021-12-06 · courts
high court refuses poland surrender bid over lack of matching irish offence the rejected respondent’s objections based on his absence from sentencing and delay, but found no corresponding under law for conduct described in warrant. [2021] iehc 838 refused an application to slawomir tomczak a europea
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Courts Service · 2021-12-06 · courts
high court rejects objections to austria surrender request but gives effect belgium case first the found no legal bar surrendering bashkim osaj for prosecution, ultimately declined make a order in this after ordering his separate proceedings. [2021] iehc 846 rejected osaj’s an austrian did not case.
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Courts Service · 2021-12-03 · courts
high court refuses challenge to iraqi wife’s family reunification visa refusal the found minister had lawfully refused an irish citizen’s denial of his visa, citing financial concerns and evidence about their relationship circumstances. [2021] iehc 770 has application overturn a for wife, finding th
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Courts Service · 2021-12-03 · courts
high court refuses pepper finance leave to execute possession order over galway home the found lender had not provided enough evidence establish that it retained legal interest in mortgage charge after a 2012 loan-book sale. also refused separate application renew an expired order. [2021] iehc 761 h
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Courts Service · 2021-12-03 · courts
high court sets aside renewal of summons in historic abuse claim against one defendant the found application to renew did not establish special circumstances, citing a brief affidavit, an uncorrected error and lengthy delay before service efforts began. [2021] iehc 799 has set arising from allegatio
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Courts Service · 2021-12-03 · courts
court of appeal refuses extra time for over solicitors’ misconduct complaints the found no arguable against high court’s dismissal most complaints. separate challenge to costs order remained pending. [2021] ieca 327 has refused an application by debra edney james extend appealing substantive part a
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Courts Service · 2021-12-02 · courts
high court proposes €10,000 costs award after defendant’s service challenge succeeds the set aside a default judgment and allowed plaintiff to renew its summons in an earlier ruling. this judgment, it proposed that defendant pay plaintiff’s of both motions, subject either party objecting within 14 d
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Courts Service · 2021-12-02 · courts
high court rules child is irish citizen from birth and orders passport decision the found that section 7(1) of nationality citizenship act 1956 applies, but directed minister to decide outstanding application rather than ordering a issue. [2021] iehc 785 has ruled born in united kingdom through surr
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Courts Service · 2021-12-02 · courts
court of appeal rejects bid to review fully suspended firearm sentence the refused director public prosecutions’ undue-leniency application, finding sentencing judge’s decision was available on exceptional evidence before her. has rejected application as unduly lenient a four-year imposed stephen o’
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Courts Service · 2021-12-02 · courts
high court upholds director’s liability under guarantee for supplier’s debt the ruled that a 2014 personal covered donmour vending’s later trade-account to bwg foods, rejecting james seymour’s arguments about credit limit and payment allocation. [2021] iehc 764 has seymour is liable reduced balance
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Courts Service · 2021-12-02 · courts
high court orders costs against discharged bankrupt in pension directions case the substituted current official assignee as applicant, declined for and adjourned matter so an updated order could be prepared. [2021] iehc 744 court, bankruptcy ordered a to pay assignee’s proceedings concerning about a
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Courts Service · 2021-12-02 · courts
high court rejects challenge to jurisdiction in cohabitant proceedings the found both parties met ordinary residence requirement for year before their relationship ended, refusing respondent’s requests declare it lacked and strike out case. has refused a bid halt financial relief brought by ms under
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Courts Service · 2021-12-01 · courts
supreme court awards ennis two-thirds of appeal costs in bank case the ordered high and to be cause after setting aside summary judgment remitting matter for a plenary hearing. awarded rory his against allied irish banks plc, while making proceedings cause. ruling, delivered by mr justice john macme
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Courts Service · 2021-12-01 · courts
high court refuses inm bid to pause privacy proceedings pending inspectors’ report mr justice garrett simons refused independent news and media plc’s application stay brought by karl brophy gavin o’reilly. he said the findings would not bind parties or determine civil claims. [2021] iehc 713 has o’r
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Courts Service · 2021-12-01 · courts
high court refuses challenge to hospital worker’s covid-19 grievance decision the held employment dispute arose solely from a private contract and was not amenable judicial review. it also found worker had shown grounds for certiorari if that conclusion wrong. [2021] iehc 824 has refused application
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Courts Service · 2021-12-01 · courts
supreme court says workplace safety complaints can qualify for whistleblower protection in a concurring judgment, mr justice charleton agreed that the protected disclosures act 2014 covers personal health and concerns raised within workplace, while warning this extends beyond public-interest underst
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Courts Service · 2021-12-01 · courts
high court refuses leave to challenge prison transfers and disciplinary decision the said both complaints concerned events in january 2019 were brought outside usual three-month period, with no sufficient reason extend time. [2021] iehc 715 has refused kevin coade bring judicial review proceedings c
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Courts Service · 2021-12-01 · courts
supreme court sends butcher’s protected disclosure claim back to labour the allowed tibor baranya’s appeal over his dismissal, finding legal error in court’s approach and unclear factual findings. it did not decide whether he made a or that caused dismissal. has an by former meat plant worker barany
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Courts Service · 2021-12-01 · courts
high court refuses to halt prosecution of former child accused the found about seven months unexplained delay, but ruled that balance relevant factors did not justify prohibiting trial. [2021] iehc 759 has refused prohibit a man who was 16 when apprehended over stolen motorbike, despite finding appr
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Courts Service · 2021-12-01 · courts
high court dismisses delayed proceedings against planning consultant the found nearly six years of inactivity inexcusable and concluded that age events nature allegations created a significant risk an unfair trial. [2021] iehc 763 has dismissed william murray after finding plaintiff’s delay in advan
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Courts Service · 2021-12-01 · courts
high court refuses challenge to five-year pre-clearance ban the held that appeal decision gave reasons for maintaining maximum preclusion period, including its response applicant’s explanation using a false passport. [2021] iehc 755 has refused judicial review bar on further applications by kenyan c
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Courts Service · 2021-12-01 · courts
high court refuses challenge to prosecution over summons and charge sheet the rejected a man’s bid quash district decision prohibit further prosecution, finding his legal arguments unsupported unexplained delay relevant any relief. [2021] iehc 765 has refused application allowing proceed prosecution
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Courts Service · 2021-12-01 · courts
court of appeal strikes out state’s contribution claims against bt communications the held that a consent order releasing from plaintiffs’ triggered civil liability act provisions bar state parties seeking company. remain for trial. [2021] ieca 325 has struck two parties’ notices indemnity or irelan
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Courts Service · 2021-12-01 · courts
high court awards €33,000 over failure to provide service station worker with panic alarm the found that employer’s implement its own procedures aggravated a deli assistant’s ptsd after she witnessed fatal shooting. judgment left costs and terms of final order for later submissions. [2021] iehc 750
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