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Courts Service · 2022-06-30 · courts

High Court strikes out parts of former employee’s claim against Symantec

high court strikes out parts of former employee’s claim against symantec the removed an unfair dismissal relief, employment equality acts and a request concerning arizona order. wider case continues, with directions costs still to be addressed. [2022] iehc 397 has struck limited, including relief fr

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Courts Service · 2022-06-30 · courts

Court of Appeal dismisses challenge to nine-year firearm sentence

court of appeal dismisses challenge to nine-year firearm sentence the found no basis reduce edward mcdonnell’s for possessing a loaded machine pistol, despite three-year gap between his and co-accused’s. [2022] ieca 200 appeal; special criminal (sentencing court) has dismissed against severity priso

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Courts Service · 2022-06-30 · courts

High Court grants €650,000 summary judgment in loan dispute

high court grants €650,000 summary judgment in loan dispute the rejected defendant’s listed defences and declined to send case a plenary hearing. it left costs for final orders after allowing time written submissions. [2022] iehc 565 has granted padraig o’connell pat mcgahern their claim against joh

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Courts Service · 2022-06-30 · courts

High Court allows limited return of housing damages claim

high court allows limited return of housing damages claim the refused south dublin county council’s application to strike out proceedings, but confined that may be re-entered under european convention on human rights act 2003. [2022] iehc 566 has a for brought by man who said he faced assaults, thre

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Courts Service · 2022-06-30 · courts

High Court assesses €350,000 damages in child sexual abuse case, defers effect of HSE settlement

high court assesses €350,000 damages in child sexual abuse case, defers effect of hse settlement the assessed for injuries caused by repeated but deferred deciding whether €130,000 requires a reduction. further submissions were listed 15 july 2022. [2022] iehc 376 at woman who suffered as her father

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Courts Service · 2022-06-30 · courts

Supreme Court rejects McDonald’s challenge to forensic samples in murder appeal

supreme court rejects mcdonald’s challenge to forensic samples in murder appeal the held there was no basis rule that were unlawfully taken after mcdonald received a notice of rights and spoke by telephone with his solicitor. judgment addresses sampling issue; it does not state new order setting asi

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Courts Service · 2022-06-30 · courts

Court of Appeal dismisses challenge to 10-year sentence for knife attack

court of appeal dismisses challenge to 10-year sentence for knife attack the upheld headline assault causing serious harm, finding no error principle in sentencing judge’s approach. [2022] ieca 199 has dismissed lawrence mubango’s against severity imposed leaving place a prison term with final 18 mo

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Courts Service · 2022-06-30 · courts

High Court corrects charging order record but refuses interest amendment

high court corrects charging order record but refuses interest amendment the allowed corrections to reflect linda doran’s earlier joinder and fix mortgage registration date, ruled that a late request clarify was not properly before it. [2022] iehc 377 has ordered 2013 well as defendant correct date

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Courts Service · 2022-06-30 · courts

Supreme Court dismisses appeal over swab taken before solicitor arrived

supreme court dismisses appeal over swab taken before solicitor arrived justice gerard hogan said the could lawfully have been without consent under law in force at time. he left open broader question of a detained suspect’s entitlement to present. [2022] iesc 29 dismissed christopher mcdonald’s app

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Courts Service · 2022-06-29 · courts

High Court suspends optometrist’s registration until December inquiry deadline

high court suspends optometrist’s registration until december inquiry deadline the ordered an interim suspension after finding a significant potential public risk if allegations about clinical competence were correct. it did not decide disputed allegations, which remain for inquiry. [2022] iehc 288

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Courts Service · 2022-06-29 · courts

High Court orders return of two children to England after rejecting grave-risk defence

high court orders return of two children to england after rejecting grave-risk defence the found one child’s views amounted a mild objection and other’s preference, neither sufficient outweigh case for return. precise order terms remained be heard. [2022] iehc 424 court, family law has ruled that wr

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Courts Service · 2022-06-29 · courts

High Court orders Microsoft entities to disclose selected documents in Saudi reseller dispute

high court orders microsoft entities to disclose selected documents in saudi reseller dispute the ruling grants arabic computer systems discovery several disputed categories, including tender discounts and investigations it alleges were part of a conspiracy. made no findings on underlying claims. [2

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Courts Service · 2022-06-28 · courts

High Court rules hotel takeover required Sheelagh Conway’s written consent

high court rules hotel takeover required sheelagh conway’s written consent the ruling resolves a narrow contract interpretation issue in spiritus limited’s dispute over dublin’s riverhouse hotel. it does not decide whether frank conway could otherwise justify taking control september 2019. [2022] ie

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Courts Service · 2022-06-28 · courts

Court of Appeal quashes rape conviction over trial judge’s interventions

court of appeal quashes rape conviction over trial judge’s interventions the found that prolonged and frequent questioning appellant risked making unfair. it quashed heard submissions on a retrial. has a.h.’s conviction, finding during his evidence were likely to make unfair render verdict unsafe. s

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Courts Service · 2022-06-28 · courts

Supreme Court makes no order on costs after Right to Know loses appeal

supreme court makes no order on costs after right to know loses appeal the said ngo did not meet applicable tests losing every point, while an existing high remained in place. s:ap:ie:2021:000067; [2022] iesc 19 has made as appeals concerning whether president of ireland is subject environmental inf

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Courts Service · 2022-06-28 · courts

High Court rules employer cannot rely on time-bar defence in catering assistant’s injury claim

high court rules employer cannot rely on time-bar defence in catering assistant’s injury claim the allowed an appeal after finding insurer’s admission of liability and continued efforts to settle made reliance limitation period unconscionable. it directed parties agree form order, including costs. [

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Courts Service · 2022-06-28 · courts

Court of Appeal dismisses Firstcare’s challenge to €1.19m judgment

court of appeal dismisses firstcare’s challenge to €1.19m judgment the found that general and unsupported objections did not establish an arguable defence vector’s claim under a services agreement. [2022] ieca 146 has dismissed firstcare ireland limited’s against high awarding vector workplace facil

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Courts Service · 2022-06-28 · courts

High Court orders decision on Arshad citizenship application after almost five years

high court orders decision on arshad citizenship application after almost five years the refused relief for two other applicants whose naturalisation applications were delayed amid ongoing investigations into their marriages. [2022] iehc 437 has proposed an order requiring minister justice to decide

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Courts Service · 2022-06-27 · courts

High Court approves €366,424 fatal injuries assessment after ESB employee’s death

high court approves €366,424 fatal injuries assessment after esb employee’s death the approved a piab accepted by deceased’s widow and electricity supply board, ordering €2,500 for each of three minor grandchildren to be paid into court. [2022] iehc 374 has €369,424 damages arising from james noonan

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Courts Service · 2022-06-27 · courts

High Court grants Bank of Ireland leave to enforce family-home possession order

high court grants bank of ireland leave to enforce family-home possession order the allowed issue execution on a 2011 order, finding good explanation for delay and no legally relevant prejudice caused by it. ruling enforce; it does not itself record that was taken. [2022] iehc 375 has granted govern

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Courts Service · 2022-06-27 · courts

Court of Appeal dismisses appeal but backdates 18-year sentence to 2016 confession

court of appeal dismisses but backdates 18-year sentence to 2016 confession the found no sentencing error and said term was not excessive, varied its start date after identifying confusion about an earlier sentence. [2022] ieca 144 has dismissed against prison imposed on j.m. for sexual offences his

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Courts Service · 2022-06-27 · courts

High Court refuses adoption application for Miss B, citing her approaching adulthood

high court refuses adoption application for miss b, citing her approaching adulthood the declined to authorise an without necessary parental consent, finding it was not in b’s best interests and that statutory conditions were met. [2022] iehc 389 has refused by child family agency authority allow ms

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Courts Service · 2022-06-27 · courts

High Court rejects SH’s family reunification challenge but finds breach of AJ’s information rights

high court rejects sh’s family reunification challenge but finds breach of aj’s information rights the upheld statutory age rule for reunification, while finding that aj was not given required in somali after receiving refugee status. it adjourned his damages claim pending a ministerial review. [202

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Courts Service · 2022-06-24 · courts

High Court clarifies Michael Butler was the sole plaintiff in proceedings

high court clarifies michael butler was the sole plaintiff in proceedings a supplemental judgment corrected references to william principal and limited any order case butler. [2022] iehc 388 has clarified that against minister for justice equality, ireland attorney general. delivered on 24 june 2022

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Courts Service · 2022-06-24 · courts

Court of Appeal replaces suspended sentence in serious assault case

court of appeal replaces suspended sentence in serious assault case the quashed a six-year with three years suspended, then imposed six years’ imprisonment one year for two and made separate €25,000 compensation order. [2022] ieca 201 has on nathan doherty causing harm replaced it imprisonment, susp

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Courts Service · 2022-06-24 · courts

Court of Appeal upholds security motion costs order against Pembroke Equity Partners

court of appeal upholds security motion costs order against pembroke equity partners the concerned a for motion. €120,000 had been made by consent; dismissed company’s challenge to requiring it pay respondents’ costs. [2022] ieca 142 has limited’s an brought eileen corrigan and james patrick galliga

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Courts Service · 2022-06-24 · courts

Appeal court quashes permission-to-remain review over humanitarian considerations

appeal court quashes permission-to-remain review over humanitarian considerations the of ruled that a an anonymised western sahara national’s case did not show issues beyond echr rights had been considered. it rejected his other grounds. [2022] ieca 141 appeal, civil has quashed decision refusing pe

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Courts Service · 2022-06-23 · courts

High Court orders surrender to Poland over 2009 sentence

high court orders surrender to poland over 2009 sentence the rejected an objection based on delay and article 8 rights, then ordered under section 16 of european arrest warrant act 2003. [2022] iehc 734 has jacek gerard jędrysiak serve a one year six months, rejecting his that passage time circumsta

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Courts Service · 2022-06-23 · courts

High Court refuses On The Beach bid to dismiss Ryanair case over delay

high court refuses on the beach bid to dismiss ryanair case over delay found ryanair’s more than three-year in progressing claim was inordinate and inexcusable, but ruled that balance of justice favoured allowing proceedings continue. [2022] iehc 385 has refused an application by limited limited’s a

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Courts Service · 2022-06-23 · courts

Court of Appeal quashes bench warrant in confiscation order case

court of appeal quashes bench warrant in confiscation order case the allowed martin morgan’s appeal, finding that a was not appropriate because no process requiring him to attend had been shown have breached. [2022] ieca 148 has against high issued secure his attendance at proceedings over an unpaid

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Courts Service · 2022-06-23 · courts

High Court refuses to dismiss woman’s solicitor negligence claim over delay

high court refuses to dismiss woman’s solicitor negligence claim over delay mr justice mark heslin found the plaintiff’s in progressing her was inordinate, but excusable. he ruled that balance of favoured allowing case continue. [2022] iehc 442 has refused judi costello’s against solicitors she reta

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Courts Service · 2022-06-23 · courts

High Court refuses advance costs order in cohabitant estate claim

high court refuses advance costs order in cohabitant estate claim the declined to make applicant personally responsible for future if a next friend is appointed, leaving questions about her capacity and how main case can proceed later consideration. [2022] iehc 381 has refused an application woman l

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Courts Service · 2022-06-23 · courts

Court of Appeal dismisses John Sheridan’s challenge to AIB records claim

court of appeal dismisses john sheridan’s challenge to aib records claim the upheld high court’s dismissal a seeking bank records, finding sole-discovery action misconceived and proposed amended claims abusive bound fail. [2022] ieca 139 has dismissed against his allied irish banks (aib), which soug

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Courts Service · 2022-06-22 · courts

High Court rules creditor consent needed for debt-for-equity insolvency proposal

high court rules creditor consent needed for debt-for-equity insolvency proposal the dismissed an appeal over a proposed personal arrangement, finding that secured debt could not be reduced below security’s value without creditor’s agreement. [2022] iehc 380 court, circuit has ruled arrangement prop

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Courts Service · 2022-06-22 · courts

Court of Appeal dismisses rape conviction appeal

court of appeal dismisses rape conviction the found recklessness was not a material issue on trial evidence and rejected claim that jury improperly pressured to reach verdict. has dismissed c.q.’s against conviction, finding no error in directions improper pressure concerned entered by at central cr

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Courts Service · 2022-06-22 · courts

High Court refuses two costs declarations in Clontarf housing challenge

high court refuses two costs declarations in clontarf housing challenge the rejected claims under planning and environmental legislation declined relief concerning aarhus primary legislation. it said would principle refer a separate question about challenges to ministerial guidelines eu court. [2022

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Courts Service · 2022-06-22 · courts

Appeal court replaces 10-year drug sentence with five and a half years to serve

appeal court replaces 10-year drug sentence with five and a half years to serve the of ruled that sentencing judge used wrong approach presumptive minimum gave insufficient weight guilty plea cooperation. it resentenced appellant suspended final year subject conditions. appeal; court: circuit crimin

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Courts Service · 2022-06-22 · courts

Court of Appeal cuts sentence for handling €500 crystal vase

court of appeal cuts sentence for handling €500 crystal vase the quashed a 20-month and substituted 15 months, finding original headline too severe offence, despite appellant’s relevant convictions suspended in force. [2022] ieca 143 (criminal) has reduced john kinsella’s stolen worth from 20 months

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Courts Service · 2022-06-21 · courts

High Court quashes decision revoking Pakistani man’s Irish residence permission

high court quashes decision revoking pakistani man’s irish residence permission the found shortcomings in minister’s treatment of alleged false information and evidence about marriage, sent matter back for a fresh decision. it did not decide whether marriage was genuine. [2022] iehc 378 has quashed

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Courts Service · 2022-06-21 · courts

Court of Appeal refuses bid to reopen rape conviction appeal

court of appeal refuses bid to reopen rape conviction the rejected a late application add ground challenging how evidence from garda was admitted, finding no exceptional circumstances or basis prevent manifest injustice. has refused an by m.a. part his after it had already dismissed that in 2020. mo

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Courts Service · 2022-06-20 · courts

High Court declares taxi licence invalid and awards applicant costs

high court declares taxi licence invalid and awards applicant costs a supplemental judgment says the december 2019 was because it provided for less than statutory five-year term. ordered against garda commissioner, citing case’s public importance. [2022] iehc 354 declared that small service vehicle

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Courts Service · 2022-06-20 · courts

High Court orders surrender to Latvia after rejecting health, delay and family-life objections

high court orders surrender to latvia after rejecting health, delay and family-life objections the found no bar under european arrest warrant act or human-rights protections, ordered serve remaining sentence of one year 11 months. [2022] iehc 419 has gaidis brunins a warrant, based on his detention

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Courts Service · 2022-06-20 · courts

Court of Appeal dismisses challenge to five-year drug sentence

court of appeal dismisses challenge to five-year drug sentence the found no sentencing error in a case involving 625.8 grams diamorphine; includes suspended final year subject conditions. has dismissed michael flynn’s against severity prison for possessing drugs worth more than €13,000 sale or suppl

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Courts Service · 2022-06-20 · courts

High Court rules bank’s appeal over insolvency arrangement can proceed

high court rules bank’s appeal over insolvency arrangement can proceed the dismissed a preliminary objection that had become moot after three-month personal expired. it did not decide whether was valid. [2022] iehc 373 court, circuit has ruled ulster bank ireland dac’s against approval of proceed, e

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Courts Service · 2022-06-20 · courts

Court of Appeal allows rape and assault appeal over interview-admissibility ruling

court of appeal allows rape and assault over interview-admissibility ruling the rejected two grounds but held that trial judge had not addressed key defence points when explaining why accused’s interview was admissible. it said interview’s admissibility could be decided afresh at any new trial. has

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Courts Service · 2022-06-20 · courts

High Court refuses to set aside renewal of medical negligence summons

high court refuses to set aside renewal of medical negligence summons the found special circumstances for delayed service and held that balance justice favoured keeping renewed. [2022] iehc 438 has refused applications by two defendants an order renewing a personal injuries brought retired carpenter

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Courts Service · 2022-06-20 · courts

High Court says dance licence does not require public liability insurance in every case

high court says dance licence does not require public liability insurance in every case a consultative stated, the answered two legal questions about and dancing licences, leaving each application’s assessment to district court. [2022] iehc 422 has ruled that halls act applicant for hold insurance.

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Courts Service · 2022-06-17 · courts

High Court refuses challenge to PIAB’s €11,000 injury assessment

high court refuses challenge to piab’s €11,000 injury assessment the ruled that board gave adequate reasons for its under personal guidelines and refused relief sought, including an order quashing decision. [2022] iehc 370 has a worker’s judicial review by injuries (piab), finding provided were in c

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Courts Service · 2022-06-17 · courts

High Court criticises insolvency practitioner over misstatement of Revenue debt

high court criticises insolvency practitioner over misstatement of revenue debt the found that a proposed personal arrangement wrongly described all €558,601.66 claim as preferential. application had already been withdrawn, and made no order or took further action. [2022] iehc 371 has criticised for

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Courts Service · 2022-06-17 · courts

High Court refuses bid to dismiss solicitor’s €183,971 costs claim over delay

high court refuses bid to dismiss solicitor’s €183,971 costs claim over delay the found eight-year inordinate but excusable and allowed proceedings continue, subject undertakings by solicitor. [2022] iehc 368 has refused an application martin michele finnegan a for €183,971.56 delay, finding that wa

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Courts Service · 2022-06-17 · courts

Court of Appeal lifts possession order against couple in Adare property dispute

court of appeal lifts possession order against couple in adare property dispute the found reidys had an arguable defence that required a full trial, and dissolved injunction requiring them to leave their home. [2022] ieca 137 has lifted thomas catherine reidy give up home adare, finding arguments ab

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Courts Service · 2022-06-17 · courts

High Court dismisses appeal over leave to enforce 2010 possession order

high court dismisses appeal over leave to enforce 2010 possession order the upheld circuit court’s decision allowing mars capital ireland issue execution, finding it had explained lapse of time and that delay caused no prejudice james hunter. [2022] iehc 353 court, has dismissed hunter’s against an

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Courts Service · 2022-06-17 · courts

High Court refuses hospital’s bid to dismiss medical negligence claim over delay

high court refuses hospital’s bid to dismiss medical negligence claim over delay the found was not clearly inordinate and, even if it and inexcusable, balance of justice favoured letting continue. [2022] iehc 369 has refused a belgian application delay, finding that hospital had shown specific preju

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Courts Service · 2022-06-16 · courts

Court of Appeal raises Joann Twomey’s award after reducing future earnings deduction

court of appeal raises joann twomey’s award after reducing future earnings deduction the rejected defendants’ over past and losses, but allowed cross-appeal, replacing high court’s 40% with 15% increasing to €218,175. [2022] ieca 177 has increased damages awarded twomey in a personal injury action,

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Courts Service · 2022-06-16 · courts

High Court orders Romanian national’s surrender after rejecting two objections

high court orders romanian national’s surrender after rejecting two objections the found in absentia revocation did not bar and declined to seek further assurances over a separate pending charge. [2022] iehc 638 has ordered of iacob-leontin capra romania under european arrest warrant, his concerning

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Courts Service · 2022-06-16 · courts

High Court rejects challenge to decision revoking refugee status

high court rejects challenge to decision revoking refugee status the dismissed t.f.’s judicial review challenge, finding no established procedural unfairness and holding that a circuit appeal remained an appropriate alternative remedy. on revocation itself was still pending. [2022] iehc 486 has reje

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Courts Service · 2022-06-16 · courts

Court of Appeal rejects appeal against convictions for HIV transmission

court of appeal rejects against convictions for hiv transmission the dismissed challenges to trial judge’s rulings and jury directions, leaving in place on two serious-harm counts. [2022] ieca 135 has r.k.’s counts intentionally or recklessly causing serious harm by infecting s.k. r.c. with hiv. jud

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Courts Service · 2022-06-16 · courts

High Court orders surrender to Austria after rejecting objections to arrest warrant

high court orders surrender to austria after rejecting objections arrest warrant the ordered gzim bardhoku’s for prosecution over alleged robbery and false imprisonment, finding austrian valid dismissing sis alert, stage family circumstances. [2022] iehc 506 has his request. in a judgment delivered

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Courts Service · 2022-06-16 · courts

High Court awards €170,000 in civil sexual abuse case

high court awards €170,000 in civil sexual abuse case the found a woman’s account of repeated by her uncle credible and concluded that psychological injury had substantially impaired ability to bring proceedings until 2015. [2022] iehc 386 has awarded damages woman who sued over she said occurred du

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Courts Service · 2022-06-15 · courts

Supreme Court upholds order for Farah Damji’s surrender to UK

supreme court upholds order for farah damji’s surrender to uk the rejected her appeal, finding evidence did not establish a serious risk constitutional or human rights from mental health care she might receive in prison. has upheld high united kingdom under european arrest warrant. it that would bre

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Courts Service · 2022-06-15 · courts

High Court refuses bid to set aside school drain third-party notice

high court refuses bid to set aside school drain third-party notice a judge found that purcell construction waited too long challenge the notice, while reserving any final costs order for later hearing. [2022] iehc 364 has refused limited’s application in personal-injury case over an alleged fall at

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Courts Service · 2022-06-15 · courts

High Court refuses Primeline’s €140,986 summary judgment bid against Centz

high court refuses primeline’s €140,986 summary judgment bid against centz the found had an arguable defence based on disputes over delivery and office-space charges, directed claim to proceed a plenary hearing. [2022] iehc 365 has refused primeline vne limited’s application for retail holdings limi

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Courts Service · 2022-06-15 · courts

High Court orders costs against applicant but keeps prosecution stay in place during appeal window

high court orders costs against applicant but keeps prosecution stay in place during appeal window a supplemental judgment awarded the respondents their after dismissing judicial review, while continuing on two criminal prosecutions for 28 days and, if an is filed, until its first return date. [2022

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Courts Service · 2022-06-15 · courts

Court of Appeal dismisses Dunnes Stores’ challenge to €83,250 fall award

court of appeal dismisses dunnes stores’ challenge to €83,250 fall award the upheld high court’s liability and damages findings after concluding that its inference an oily floor contaminant was reasonably supported by evidence. appeal; (trial court) has dismissed against a doris whelan, who fell in

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Courts Service · 2022-06-15 · courts

High Court dismisses challenge to refusal of Ghanaian man’s protection claim

high court dismisses challenge to refusal of ghanaian man’s protection claim the found no legal error in appeals tribunal’s credibility assessment. it dismissed judicial review and gave a preliminary view that respondents should receive costs. [2022] iehc 403 ireland has his international claim, fin

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Courts Service · 2022-06-15 · courts

High Court refuses bid to dismiss birth injury claim over missing records

high court refuses bid to dismiss birth injury claim over missing records the judge found defendant had not shown a real and substantial risk of an unfair trial, pointing available evidence trial judge’s ability address fairness concerns. [2022] iehc 359 has refused doctor’s application personal inj

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Courts Service · 2022-06-14 · courts

District Court orders extra room and shared rental costs for child’s home adaptations

district court orders extra room and shared rental costs for child’s home adaptations the found foster carers had not withdrawn from an earlier agreement ruled that should include a family separate child. [2022] iedc 1 has child with duchenne muscular dystrophy child, ordered agency (cfa) to meet tw

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Courts Service · 2022-06-13 · courts

High Court refuses to dismiss delayed professional-negligence claim

high court refuses to dismiss delayed professional-negligence claim the found plaintiff’s delays inordinate and inexcusable but said defendants had not shown sufficient prejudice justify ending proceedings. [2022] iehc 355 has refused an application by three solicitors a for want of prosecution, fin

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Courts Service · 2022-06-13 · courts

High Court allows Kildare County Council to replace defence in dog-bite claim

high court allows kildare county council to replace defence in dog-bite claim the permitted deliver an amended defence, finding it raised legal issues arising from same facts. also awarded minor plaintiff costs of opposing amendment motion. [2022] iehc 367 has allowed its a personal injury brought b

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Courts Service · 2022-06-10 · courts

High Court rejects bid to delay EU reference in two planning costs cases

high court rejects bid to delay eu reference in two planning costs cases humphreys j. refused an bord pleanála’s request adjourn a planned cjeu reference, joined clientearth one case and paused the remaining proceedings pending court’s decision. [2022] iehc 337 has put of justice european union on h

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Courts Service · 2022-06-10 · courts

High Court rejects dismissal bid and awards €62,500 in road crash damages

high court rejects dismissal bid and awards €62,500 in road crash damages the defendant admitted liability, leaving as issue. rejected his application to dismiss claim under section 26, finding plaintiff had not knowingly misled court, awarded general damages; special costs remained be finalised. [2

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Courts Service · 2022-06-10 · courts

High Court refers seven environmental costs questions to EU court

high court refers seven environmental costs questions to eu the reference arose from two planning permission challenges. set out its proposed answers, but referred of justice european union for a ruling. [2022] iehc 338 has about litigation and scope law (cjeu), in proceedings challenging permission

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Courts Service · 2022-06-10 · courts

High Court grants leave to appeal in environmental costs dispute

high court grants leave to appeal in environmental costs dispute the certified three reformulated questions about discounts, connelly approach and aarhus convention obligations. it did not decide or underlying issue. [2022] iehc 349 has granted sabrina joyce-kemper a decision arising from her succes

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Courts Service · 2022-06-09 · courts

High Court grants leave to appeal in two environmental costs cases

high court grants leave to appeal in two environmental costs cases the appeals concern scope of statutory protection; certified questions for and deferred or reserved applications. [2022] iehc 328 has granted judicial review concerning protection litigation. applications followed earlier decisions r

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Courts Service · 2022-06-09 · courts

High Court quashes refusal of Georgian applicant’s labour market access appeal

high court quashes refusal of georgian applicant’s labour market access appeal the found that tribunal’s decision was unlawful and ireland had failed to properly transpose relevant eu directive. parties were directed agree a draft order; judgment did not itself set out final order’s terms. [2022] ie

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Courts Service · 2022-06-09 · courts

Court of Appeal restores renewal of former naval serviceman’s medical negligence summons

court of appeal restores renewal former naval serviceman’s medical negligence summons the set aside a high order cancelling and renewed for six months, finding that defendants’ engagement with threatened claim balance justice supported outcome. [2022] ieca 132 has frank chandler’s personal injuries

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Courts Service · 2022-06-08 · courts

Court of Appeal allows challenge to interim possession order over Blackrock property

court of appeal allows challenge to interim possession order over blackrock property the found lenders had not shown a strong enough case at this stage justify requiring jane gleeson give up while underlying proceedings continue. [2022] ieca 130 has allowed gleeson’s against an surrender property, f

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Courts Service · 2022-06-08 · courts

Four minors ordered to pay costs after failed judicial review over Garda files

four minors ordered to pay costs after failed judicial review over garda files the high court ruled on dismissing minors’ applications, which sought access additional material under juvenile diversion programme. [2022] iehc 572 who unsuccessfully prosecution file were respondents’ costs, rejected th

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Courts Service · 2022-06-08 · courts

High Court awards costs to planning challenge applicants, adjourns one costs issue

high court awards costs to planning challenge applicants, adjourns one issue the ordered an bord pleanála pay applicants’ in flannery and carroll cases, while leaving of a failed interlocutory application for further submissions. [2022] iehc 327 has two linked judicial review cases over decision, af

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Courts Service · 2022-06-07 · courts

High Court found a boy’s education needs were unmet and rejected a blanket bar on new dyslexia classes

high court found a boy’s education needs were unmet and rejected blanket bar on new dyslexia classes the declared that minister acted contrary to 2004 act policy by adopting not consider specific learning disability classes. it deferred final orders pending school inspection review of teaching suppo

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Courts Service · 2022-06-04 · courts

High Court refuses Bank of Ireland bid for final judgment in loan dispute

high court refuses bank of ireland bid for final judgment in loan dispute the found late borrower’s personal representatives may have a defence over sale one three properties and referred case plenary hearing. [2022] iehc 410 has refused governor company ireland’s application against christy o’conno

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Courts Service · 2022-06-03 · courts

High Court finds Mr Price lease barred frequently bought household goods

high court finds mr price lease barred frequently bought household goods a judgment held that retail park covenant’s ban on “groceries” covered purchased non-food items. the left precise orders, costs and any quantum issues for parties to address. [2022] iehc 342 has found covenant at barrow valley

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Courts Service · 2022-06-02 · courts

High Court quashes Wexford order banning man from public speaking

high court quashes wexford order banning man from public speaking the found district was too broad and unclear, but left separate convictions in place did not decide constitutional challenge to legislation. [2022] iehc 322 has quashed a that barred stephen tallon recording anywhere town, finding res

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Courts Service · 2022-06-02 · courts

Supreme Court rules refugee status counted for child’s citizenship claim until revoked

supreme court rules refugee status counted for child’s citizenship claim until revoked the held that a later revocation of father’s declaration did not retrospectively make his earlier residence unlawful test. judgment provided by source is chief justice o’donnell’s concurring opinion. s:ap:ie:2021:

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Courts Service · 2022-06-02 · courts

High Court dismisses 2013 injury claim against driver’s widow after years of delay

high court dismisses 2013 injury claim against driver’s widow after years of delay the found plaintiff’s post-filing was inordinate and inexcusable, dismissed proceedings first defendant. wider case not decided on its merits. [2022] iehc 265 {'name': 'high court', 'jurisdiction': 'ireland'} has a pe

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Courts Service · 2022-06-02 · courts

Two men committed indefinitely over breach of Carlow property order

two men committed indefinitely over breach of carlow property order the high court found vincent kavanagh and brian mccarthy in contempt for deliberate breaches an barring entry to a carlow. third man, francis murphy, gave undertaking was not committed. [2022] iehc 348 ordered be detained after find

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Courts Service · 2022-06-02 · courts

High Court allows appeal over protected disclosure claim involving threats to council worker

high court allows appeal over protected disclosure claim involving threats to council worker the labour must reconsider whether reports of harassment and by service users amounted a disclosure. did not decide that question or was penalised. [2022] iehc 335 has allowed an tom nolan court’s rejection

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Courts Service · 2022-06-02 · courts

High Court grants divorce and sets out financial provision for spouses identified as A

high court grants divorce and sets out financial provision for spouses identified as a the directed parties to agree form of order reflecting its judgment, including maintenance property arrangements. it left open possible hearing on changes in share pension values reserved costs. [2022] iehc 340 gr

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Courts Service · 2022-06-02 · courts

Supreme Court allows child’s appeal over Irish citizenship claim linked to father’s refugee status

supreme court allows child’s appeal over irish citizenship claim linked to father’s refugee status the held that declaration remained valid while in force and rejected view its later revocation made it void from outset. was allowed a dispute passport refusal. has an by u.m., child born county galway

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Courts Service · 2022-06-02 · courts

Supreme Court awards appellants 40% of appeal costs despite losing case

supreme court awards appellants 40% of appeal costs despite losing case the left appeal’s order in place but awarded a partial contribution to their costs, citing public interest and state agency’s role bringing stated. [2022] iesc 29 (citation inferred from referenced rulings sequence; not stated o

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Courts Service · 2022-06-02 · courts

High Court refuses challenge to refusal of residence-card application

high court refuses challenge to refusal of residence-card application the found minister had not relied too heavily on missing financial evidence and that decision did make an adverse credibility finding requiring interview. [2022] iehc 339 has refused a judicial review by monika walia marius avivar

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Courts Service · 2022-06-02 · courts

High Court dismisses bid to commit waste company director over alleged court order breaches

high court dismisses bid to commit waste company director over alleged order breaches the found wooden pallets from construction sites were not clearly prohibited by order, and other proved criminal standard. it amended expressly prohibit timber shredding. [2022] iehc 264 has dismissed an applicatio

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Courts Service · 2022-06-02 · courts

High Court refuses Garlin’s bid for security for costs in Atin contract dispute

high court refuses garlin’s bid for security costs in atin contract dispute the found garlin had shown a bona fide defence and that was unlikely to meet its if unsuccessful, but accepted established special circumstance linked pleaded loss. [2022] iehc 357 has refused investments icav’s application

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Courts Service · 2022-06-02 · courts

High Court grants Bank of Ireland summary judgment in two Balford cases

high court grants bank of ireland summary judgment in two balford cases the ordered construction to pay €2,661,194 and peter nancy mcnicholas €1,082,501 jointly severally, with a further €250,000 against alone. [2022] iehc 356 granted ltd its directors mcnicholas, finding that none had raised an arg

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Courts Service · 2022-06-02 · courts

High Court rejects challenge to personal injury guidelines and PIAB assessment

high court rejects challenge to personal injury guidelines and piab assessment the held that lawfully applied a woman’s claim, which assessed at €3,000 after receiving her x-rays medical report addendum. [2022] iehc 321 has refused all relief sought by woman challenging legal basis of ireland’s inju

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Courts Service · 2022-06-01 · courts

High Court dismisses appeals over employment and pension complaints

high court dismisses appeals over employment and pension complaints the found no error of law in two labour determinations concerning a former teacher’s discrimination claims. [2022] iehc 362 has dismissed by deirdre morgan against kildare wicklow education training board (kwetb). judgment delivered

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Courts Service · 2022-06-01 · courts

High Court orders larger share of family home and extra child-related payments after divorce appeal

high court orders larger share of family home and extra child-related payments after divorce appeal the varied a circuit order, directing 70/30 division home’s net sale proceeds in mother’s favour setting annual for birthdays, christmas school costs. [2022] iehc 330 financial provisions made when gr

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Courts Service · 2022-06-01 · courts

Court of Appeal dismisses turbine group’s appeals over State’s removal from planning case

court of appeal dismisses turbine group’s appeals over state’s removal from planning case the said high was wrong to refuse an amendment, but declined allow it after windfarm challenge had been heard. dismissed separate strike-out as moot. [2022] ieca 126 appeal, civil has two by north westmeath act

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Courts Service · 2022-06-01 · courts

High Court refuses leave to challenge minister’s decision on injury gratuity

high court refuses leave to challenge minister’s decision on injury gratuity the said application raised no arguable legal grounds and refused permission bring judicial review proceedings. [2022] iehc 363 has deirdre morgan seek of a ministerial upholding refusal an under education training board te

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Courts Service · 2022-06-01 · courts

Court of Appeal dismisses Yesreb’s stamp duty appeal over Walford sale

court of appeal dismisses yesreb’s stamp duty over walford sale the upheld high court’s ruling that yesreb did not qualify for sub-sale relief and was accountable assessed on conveyance. it also refused an application to send case back amendment. [2022] ieca 127 has dismissed holdings limited’s its

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Courts Service · 2022-06-01 · courts

High Court bars further employment claims without leave and strikes out pending cases

high court bars further employment claims without leave and strikes out pending cases the ordered that deirdre morgan must obtain before bringing employment-related proceedings against minister for education skills or kildare wicklow etb. it also struck wrc complaints, labour appeals two cases. [202

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Courts Service · 2022-06-01 · courts

High Court refuses late extension for proposed defamation claim

high court refuses late extension for proposed defamation claim the said it had no jurisdiction to extend time because proceedings were issued within two years of alleged publication. also found that, even if jurisdiction, reasons delay and balance prejudice did not justify an extension. [2022] iehc

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Courts Service · 2022-06-01 · courts

High Court awards €95,000 to stud farm worker kicked by yearling

high court awards €95,000 to stud farm worker kicked by yearling the found abbey equine liable after it failed clearly communicate a planned sedation procedure. worker’s damages were reduced 5% for contributory negligence. [2022] iehc 341 awarded who was in face yearling, finding that his employer a

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Courts Service · 2022-06-01 · courts

High Court judge’s preliminary view: proof burden in child defilement law breaches fair-trial guarantee

high court judge’s preliminary view: proof burden in child defilement law breaches fair-trial guarantee justice stack said she was minded to declare the civil-standard section 3(5) invalid under article 38.1, but listed case for a further hearing on form of order. [2022] iehc 336 judge has given vie

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Courts Service · 2022-06-01 · courts

High Court refuses leave in teacher’s challenge over education inquiry

high court refuses leave in teacher’s challenge over education inquiry mr justice cian ferriter ruled that the application sought to re-litigate removal and was brought too late. [2022] iehc 360 has refused deirdre morgan bring a judicial review submission made by kildare wicklow training board mini

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