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Courts Service · 2022-11-30 · courts

High Court rejects molasses supplier’s bid to move Glanbia dispute to arbitration

high court rejects molasses supplier’s bid to move glanbia dispute arbitration the found glanbia’s purchase terms applied its contracts with ed&f man and that gafta 109’s english jurisdiction were not incorporated. [2022] iehc 666 court, commercial has refused an application by liquid products irela

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Courts Service · 2022-11-30 · courts

High Court upholds depreciation allowance in Irish Rail valuation appeal

high court upholds depreciation allowance in irish rail valuation appeal the affirmed tribunal’s decisions on and a temporary payroll saving, but left amount of any for expert evidence. [2022] iehc 668 has upheld tribunal decision allowing some assets to be considered calculating network’s rateable

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Courts Service · 2022-11-30 · courts

High Court refuses to dismiss service station owners’ claim over missing fuel price records

high court refuses to dismiss service station owners’ claim over missing fuel price records the said plaintiffs had breached their duty preserve relevant records, but left proceed and ordered further disclosure steps. trial judge may revisit whether a fair is possible. [2022] iehc 651 {'name': 'high

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Courts Service · 2022-11-30 · courts

Court of Appeal dismisses challenge over late claims to father’s estate and family home

court of appeal dismisses challenge over late claims to father’s estate and family home the upheld high court’s orders after finding that were out time appellant had not shown fraud postponing limitation period. [2022] ieca 272 has dismissed a woman’s against ending her siblings their former home. f

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Courts Service · 2022-11-30 · courts

High Court upholds prison discipline after prisoner threw Bible at sentencing judge

high court upholds prison discipline after prisoner threw bible at sentencing judge the dismissed a judicial review challenge to 40-day loss of privileges, finding applicant remained in lawful custody and could be disciplined under rules. [2022] iehc 672 has prisoner’s disciplinary sanction imposed

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Courts Service · 2022-11-30 · courts

High Court awards €64,104 over worker’s permanent finger injury

high court awards €64,104 over worker’s permanent finger injury the assessed damages after employer failed to appear, accepting evidence about lasting pain and restricted movement in his left index finger. [2022] iehc 665 awarded a worker for finger, assessing employer’s absence. happened on 16 octo

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Courts Service · 2022-11-30 · courts

High Court sets aside delayed lift-maintenance third-party proceedings

high court sets aside delayed lift-maintenance third-party proceedings the allowed otis elevator ireland ltd’s appeal, finding defendant had not served its notice as soon reasonably possible. it also set out a provisional view on costs, subject to any request for further argument. [2022] iehc 658 ha

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Courts Service · 2022-11-30 · courts

Court of Appeal refuses Balford Construction’s bid to review dismissed appeal

court of appeal refuses balford construction’s bid to review dismissed the said had not shown a denial constitutional justice or met high threshold for reopening its july appeal. has refused construction limited’s application earlier dismissal an concerning scheduling motions in case brought by gove

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Courts Service · 2022-11-29 · courts

High Court rejects challenge to refusal of Zimbabwean protection claim

high court rejects challenge to refusal of zimbabwean protection claim the found tribunal was entitled make its credibility findings and reject judicial review challenge. applicant not relief sought. [2022] iehc 669 has rejected a man’s decision recommending that he receive neither refugee status no

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Courts Service · 2022-11-28 · courts

High Court rules HSE assessment of child fell short of legal requirements

high court rules hse assessment of child fell short legal requirements the allowed a mother and her minor son’s judicial review, finding that hse’s december 2021 need did not meet disability act. it directed case return for final orders. [2022] iehc 652 has ruled health service executive with disabi

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Courts Service · 2022-11-28 · courts

Court of Appeal dismisses conviction challenge but reduces rape sentence

court of appeal dismisses conviction challenge but reduces rape sentence the upheld a man’s convictions for and sexual assault, quashed replaced sentences after finding his age had not been given sufficient weight. dismissed c.a.’s against two counts resentenced him to nine years in prison, with fin

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Courts Service · 2022-11-28 · courts

Court of Appeal dismisses Osborne appeal and restricts further proceedings

court of appeal dismisses osborne and restricts further proceedings the dismissed james osborne’s as an abuse process after finding it breached undertaking, required prior judicial leave for specified future connected with his kbc bank borrowing. [2022] ieca 274 process, that he had filed in breach

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Courts Service · 2022-11-28 · courts

High Court dismisses solicitor’s defamation proceedings over delay

high court dismisses solicitor’s defamation proceedings over delay the found in prosecuting claim was inordinate and inexcusable, that prejudice to bank tipped balance of justice favour dismissal. costs remained provisional pending further submissions. [2022] iehc 653 has dismissed a against acc loa

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Courts Service · 2022-11-28 · courts

High Court dismisses mother’s judicial review and Article 40 cases over care order

high court dismisses mother’s judicial review and article 40 cases over care order the said was brought out of time that no grounds had been identified to challenge circuit appeal. final orders, including any decision on costs, were left for a later hearing. [2022] iehc 654 dismissed related constit

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Courts Service · 2022-11-28 · courts

High Court approves revised €376,232 liquidation fee after rejecting payment to associated company

high court approves revised €376,232 liquidation fee after rejecting payment to associated company the initially refused approval of €201,752.44 in forensic accounting fees grant thornton corporate finance ltd, citing a lack transparency. it later approved single remuneration liquidators. [2022] ieh

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Courts Service · 2022-11-28 · courts

High Court orders three-year-old’s return to England under Hague Convention

high court orders three-year-old’s return to england under hague convention the found that mother’s agreement child’s stay in ireland was for respite, not open-ended relocation, and ordered within seven days, subject terms. [2022] iehc 688 has a three-year-old girl care of applicant proceedings on i

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Courts Service · 2022-11-28 · courts

High Court refuses certificate to appeal planning judicial review ruling

high court refuses certificate to appeal planning judicial review ruling justice siobhán phelan found the proposed questions did not meet statutory test of exceptional public importance. [2022] iehc 671 has refused brendan stanley’s application for a leave judgment dismissing his challenge an bord p

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Courts Service · 2022-11-25 · courts

High Court refuses return of child to England over grave risk of harm

high court refuses return of child to england over grave risk harm the found a that father would breach non-molestation order and expose if returned. it refused father’s hague convention application without resolving all disputed allegations. [2022] iehc 627 has under his young england, finding face

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Courts Service · 2022-11-25 · courts

Bank wins €3.44m loan judgments as receiver ordered to pay €550,000 over unlawful property sales

bank wins €3.44m loan judgments as receiver ordered to pay €550,000 over unlawful property sales the high court proposed joint against hades and awarded niall hade in exemplary damages after finding that a took possession of five properties sold three without required orders. [2022] iehc 645 totalli

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Courts Service · 2022-11-25 · courts

High Court refuses applications to dismiss delayed investment claims

high court refuses applications to dismiss delayed investment claims the found delay in two related proceedings was inordinate but excusable particular circumstances, including parties’ wait for a supreme ruling on similar limitation issue. [2022] iehc 657 has refused by firms over investments prope

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Courts Service · 2022-11-25 · courts

High Court awards dance teacher €50,000 for permanent facial scarring

high court awards dance teacher €50,000 for permanent facial scarring the award followed an assessment of general damages injuries caused when a machine’s wire rope struck aaron flynn at work. agreed special brought total to €51,395. [2022] iehc 648 awarded in that left scars, following only. with €

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Courts Service · 2022-11-25 · courts

High Court awards costs to appeals tribunal after dismissing fee challenge

high court awards costs to appeals tribunal after dismissing fee challenge a ruling says the irish financial services is entitled its it succeeded in judicial review over €5,000 appeal fee. [2022] iehc 655 has ruled that denis riordan must pay tribunal’s his delivered on 25 november 2022, mr justice

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Courts Service · 2022-11-25 · courts

Court of Appeal dismisses Scanlan’s appeal over struck-out proceedings

court of appeal dismisses scanlan’s over struck-out proceedings the upheld dismissal her 2019 case as bound to fail and an abuse process, found restrictions on bringing further proportionate. [2022] ieca 270 has dismissed geraldine against striking out lawyers, grant thornton, state data protection

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Courts Service · 2022-11-24 · courts

Supreme Court justice says deportation decision required fresh proportionality assessment

supreme court justice says deportation decision required fresh proportionality assessment in a separate judgment, ms baker agreed that the minister’s process was unlawful, but would have quashed and returned case for reconsideration. [2022] iesc 48 has said minister should assessed impact of propose

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Courts Service · 2022-11-24 · courts

Supreme Court justice says migrant’s deportation review failed to apply Article 8 law

supreme court justice says migrant’s deportation review failed to apply article 8 law in a judgment delivered alongside separate majority judgment, john macmenamin said the leave-to-remain used an incorrect approach. he would have quashed decisions, but court’s declined grant remedy. [2022] iesc 48;

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Courts Service · 2022-11-24 · courts

Supreme Court judge would dismiss MK’s deportation appeal despite flawed decision sequence

supreme court judge would dismiss mk’s deportation appeal despite flawed decision sequence justice iseult o’malley agreed the minister’s decision-making was flawed, but said that flaw did not invalidate in this case. [2022] iesc 48 over a by minister for and equality, agreeing used reaching flawed.

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Courts Service · 2022-11-24 · courts

High Court awards Start Mortgages costs after possession applications

high court awards start mortgages costs after possession applications the ruled that lender was entitled to its succeeding in seven and rejected homeowner’s objections a award. [2022] iehc 647 has awarded designated activity company it succeeded connected with bid for of property owned by rosarie o’

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Courts Service · 2022-11-24 · courts

High Court orders notice party to pay most costs in privilege dispute

high court orders notice party to pay most costs in privilege dispute the awarded corporate enforcement authority its from 20 february 2020, including reserved and independent counsel fees, but made no order on crime/fraud application. [2022] iehc 649 has ordered john delaney authority’s 2020 procee

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Courts Service · 2022-11-24 · courts

Supreme Court dismisses Albanian teenager’s appeal over refusal of leave to remain

supreme court dismisses albanian teenager’s appeal over refusal of leave to remain the said minister used wrong stage article 8 analysis, but held that error did not invalidate 2019 decision on facts this case. ireland has dismissed an by mk, national who came as a 16-year-old, challenging humanitar

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Courts Service · 2022-11-24 · courts

Supreme Court dismisses appeal over leave-to-remain decision

supreme court dismisses appeal over leave-to-remain decision the found no basis in 2015 act or evidence to conclude that officials were barred from making decisions on minister’s behalf. concerned alone, not earlier international protection process. [2022] iesc 49 of ireland has dismissed asa’s agai

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Courts Service · 2022-11-24 · courts

Supreme Court judge would dismiss Albanian man’s appeal over deportation decision

supreme court judge would dismiss albanian man’s appeal over deportation decision in a judgment addressing constitutional privacy rights and article 8 of the european convention on human rights, justice gerard hogan concluded that errors minister’s analysis did not require to be quashed this case. [

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Courts Service · 2022-11-23 · courts

High Court sets aside protection refusal over treatment of Nigerian police documents

high court sets aside protection refusal over treatment of nigerian police documents the found legal errors in how international appeals tribunal assessed two about a complaint, and remitted family’s for rehearing. [2022] iehc 685 has set an determination recommending that family receive neither ref

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Courts Service · 2022-11-23 · courts

Court of Appeal dismisses claim over icy apartment landing fall

court of appeal dismisses claim over icy apartment landing fall the allowed management companies’ appeal, ruling that evidence did not establish a duty to grit landing. it replaced high order with dismissal claim. [2022] ieca 269 has two against finding they were liable after shakur ahmed slipped on

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Courts Service · 2022-11-23 · courts

High Court refuses bid to stop planned move of ward to bespoke Cork placement

high court refuses bid to stop planned move of ward bespoke cork placement the kept in place its march 2022 order approving move, finding proposed service offered supports needed for ward’s long-term care, while acknowledging transition carried risks. [2022] iehc 664 court, wards has refused an appl

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Courts Service · 2022-11-23 · courts

High Court upholds Novartis VAT refund for Lucentis insurer rebates

high court upholds novartis vat refund for lucentis insurer rebates the answered a stated question in affirmative, agreeing that paid to private health insurers reduced novartis’s taxable consideration. it declined revenue’s request cjeu reference. [2022] iehc 642 has upheld tax appeals commission d

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Courts Service · 2022-11-23 · courts

High Court approves reduced liquidators’ fees after €8,536 error correction charge removed

high court approves reduced liquidators’ fees after €8,536 error correction charge removed the approved revised remuneration and legal costs for treasury holdings’ liquidators they confirmed original request included of correcting their own form e4 filing error. [2022] iehc 643 court, commercial joi

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Courts Service · 2022-11-22 · courts

High Court orders sale of co-owned Balbriggan property to enforce bank debt

high court orders sale of co-owned balbriggan property to enforce bank debt the order will take effect only if and interest remain unpaid three months after service order. other co-owner is receive half net proceeds. [2022] iehc 626 has ordered a in charged against one owner’s interest. takes accrue

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Courts Service · 2022-11-22 · courts

High Court dismisses solicitor negligence claim over prolonged delay

high court dismisses solicitor negligence claim over prolonged delay the dismissed john killeen’s after finding inordinate and inexcusable delay, while noting solicitors defending case had never filed a defence. made no on underlying allegations. [2022] iehc 625 has professional action brought by fa

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Courts Service · 2022-11-21 · courts

High Court admits 2012 will to probate after finding deceased had testamentary capacity

high court admits 2012 will to probate after finding deceased had testamentary capacity the found that margaret stella o’reilly when she made her will, despite evidence of dementia and depression. no beneficiary or other party challenged will. [2022] iehc 663 court, admitted o’reilly’s dated 3 july

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Courts Service · 2022-11-18 · courts

High Court quashes indicative road route across Meath development plan areas

high court quashes indicative road route across meath development plan areas the ordered through mp2 and mp3 removed from county 2021–2027 awarded applicants their costs. [2022] iehc 631 has to be quashed 2021–2027, after previously finding that lacked adequate reasons for road. in a judgment delive

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Courts Service · 2022-11-18 · courts

Court of Appeal orders retrial in two playground swing injury claims

court of appeal orders retrial in two playground swing injury claims the set aside high dismissals after finding its conclusions on safety compliance and adult use were unsupported. it directed both cases to be retried before a different judge. [2022] ieca 265 has allowed appeals over ankle fracture

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Courts Service · 2022-11-18 · courts

Court of Appeal dismisses Donegal fishing rights appeal

court of appeal dismisses donegal fishing rights the upheld summary orders allowing inland fisheries ireland to require permits for on specified parts gweebarra fishery and restrain trespass. it also high costs order, while inviting written submissions costs. [2022] ieca 266 has dismissed an by thre

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Courts Service · 2022-11-18 · courts

High Court limits drone discovery to flights on or over quarry properties

high court limits drone discovery to flights on or over quarry properties the refused plaintiffs’ request for records of use “in vicinity of” their lands, finding phrase too vague and broader than pleaded trespass claim. [2022] iehc 644 has ordered kieran cummins disclose relating owned by keegan qu

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Courts Service · 2022-11-18 · courts

High Court dismisses challenge to refusal of spouse visa appeal

high court dismisses challenge to refusal of spouse visa appeal the found minister had lawfully considered couple’s marriage, family rights, finances and evidence before upholding refusal. it did not decide application afresh. [2022] iehc 504 has dismissed a judicial review by an irish citizen her e

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Courts Service · 2022-11-17 · courts

High Court divides costs after tax appeal produced mixed results

high court divides costs after tax appeal produced mixed results revenue will recover two days’ and the first sets of written submissions; appellant tied to issue on which he succeeded. [2022] iehc 568 has ordered commissioners in a appeal, while awarding attributable separate also divided submissio

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Courts Service · 2022-11-17 · courts

Circuit Court dismisses appeal over barrister’s verbal conflict check disclosure

circuit court dismisses appeal over barrister’s verbal conflict check disclosure the affirmed data protection commission’s decision that fell outside gdpr’s material scope and barrister had a legitimate interest in making it. court, dublin county of city has dismissed aimee scott’s against commissio

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Courts Service · 2022-11-17 · courts

Court of Appeal increases sentence for aggravated burglary after attack on former partner

court of appeal increases sentence for aggravated burglary after attack on former partner the quashed original burglary, set an eight-year term with final two and a half years suspended, ordered post-release supervision. has increased committed during violent respondent’s partner, ruling that was un

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Courts Service · 2022-11-17 · courts

High Court allows worker’s appeal against strike-out order

high court allows worker’s appeal against strike-out order the refused to strike out mary munnelly’s action, finding that key issues had not been decided in her earlier case and piab authorisation was required. underlying allegations remain unresolved. [2022] iehc 632 has allowed an striking action

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Courts Service · 2022-11-17 · courts

Court of Appeal replaces property transfer with €174,000 payment to William Kelly

court of appeal replaces property transfer with €174,000 payment to william kelly the ordered charles limited pay €339,000 for kelly’s shares, less a €165,000 set-off. is stayed while gerard high costs are assessed, subject six-month initial period. [2022] ieca 264 has replaced an order requiring fo

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Courts Service · 2022-11-17 · courts

Court of Appeal rejects challenge to leaving rape count to jury

court of appeal rejects challenge to leaving rape count jury the dismissed an against conviction, finding there was enough evidence for a assess whether appellant, who under 14 at alleged time, understood conduct seriously wrong. has conviction by appellant identified as tmcc, ruling that properly l

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Courts Service · 2022-11-16 · courts

High Court authorises transfer of woman to specialist eating disorder hospital in London

high court authorises transfer of woman to specialist eating disorder hospital in london the found that 20-year-old respondent lacked capacity relation her and authorised treatment, including nasogastric feeding. it refused advance authorisation for peg feeding intravenous nutrition. [2022] iehc 738

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Courts Service · 2022-11-16 · courts

High Court orders proceeds of crime action over Ellistown home, gold and Western Union transfers

high court orders proceeds of crime action over ellistown home, gold and western union transfers the found there were reasonable grounds to treat several assets as linked crime, while rejecting bureau’s case on an audi reserving further submissions later mortgage payments. [2022] iehc 684 has ordere

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Courts Service · 2022-11-15 · courts

High Court sets aside refusal of Somali woman’s citizenship application

high court sets aside refusal of somali woman’s citizenship application the found that decision process omitted her explanations about a passport containing counterfeit page and did not give adequate reasons. it ordered reconsidered. [2022] iehc 624 has set for irish citizenship, finding recommendat

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Courts Service · 2022-11-15 · courts

High Court appoints trustee to transfer Ballina property to company in liquidation

high court appoints trustee to transfer ballina property company in liquidation the declared lands and directed a replacement complete transfer, but did not make direct vesting order under act. [2022] iehc 639 has that at 4–6 barrett street, ballina, belongs joe miley partners (dublin) ltd, which is

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Courts Service · 2022-11-15 · courts

Supreme Court would dismiss challenge to flood-defence approval without a time limit

supreme court would dismiss challenge to flood-defence approval without a time limit in judgment delivered by mr justice woulfe, the concluded that habitats directive does not require every development consent have temporal limit. states appeal should be dismissed. record no. 2022/15; 15 november 20

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Courts Service · 2022-11-14 · courts

High Court refuses parents’ bid to quash inquest verdict on baby’s death

high court refuses parents’ bid to quash inquest verdict on baby’s death the found there was evidence capable of supporting jury’s natural-causes verdict, rejected challenge time allowed and jury directions, made no finding against coroner over notes that applicants had not sought through discovery.

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Courts Service · 2022-11-14 · courts

High Court rejects appeal to dismiss Mars Capital possession proceedings

high court rejects appeal to dismiss mars capital possession proceedings the found earlier dismissal did not decide substance of claim, which may now proceed. costs remained for further submissions. [2022] iehc 640 has refused michele mc keever’s against a circuit decision brought by ireland no. 2 d

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Courts Service · 2022-11-14 · courts

Court of Appeal dismisses challenge to burglary conviction after phone ownership inquiry

court of appeal dismisses challenge to burglary conviction after phone ownership inquiry the found no error in admitting evidence or trial judge’s ruling on arrest and search. was dismissed. has dismissed david lynch’s against convictions for possession a knife, burglary, criminal damage obstructing

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Courts Service · 2022-11-11 · courts

Court of Appeal dismisses rape conviction appeal

court of appeal dismisses rape conviction the ruled that jury had evidence from which it could infer complainant did not consent and rejected argument verdict was perverse. has dismissed liam o’brien’s against his for rape, finding complainant’s lack o’brien convicted on 23 april 2021 under section

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Courts Service · 2022-11-11 · courts

Supreme Court orders Gerard Hutch to pay half of respondents’ appeal costs

supreme court orders gerard hutch to pay half of respondents’ appeal costs after dismissing both appeals in july 2022, the awarded state and oireachtas respondents 50% their against hutch. it left high court’s no-costs order unchanged. has ordered claimed by respondents, his a separate jonathan dowd

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Courts Service · 2022-11-11 · courts

Court of Appeal dismisses Garda’s challenge to tribunal costs decision

court of appeal dismisses garda’s challenge to tribunal costs decision the upheld an order limiting keith harrison’s those incurred up and including first day hearings, affirmed high court’s dismissal his judicial review. [2022] ieca 260 has dismissed garda appeals over a award him only part for app

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Courts Service · 2022-11-11 · courts

Supreme Court judge would dismiss challenge to CETA ratification

supreme court judge would dismiss challenge to ceta ratification in a judgment dated 11 november 2022, macmenamin j. rejected claims that the trade agreement probably breach ireland’s constitution, while saying legislation should protect constitutional safeguards before ratification. an appeal chall

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Courts Service · 2022-11-11 · courts

Court of Appeal dismisses Kieran Greene’s murder conviction appeal

court of appeal dismisses kieran greene’s murder conviction the rejected six grounds challenging joint trial, jury directions and evidential rulings. was left in place. has dismissed against his for patricia o’connor, rejecting challenges to way trial conducted evidence put before jury. greene convi

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Courts Service · 2022-11-11 · courts

Baker J says CETA awards could conflict with final Irish court decisions

baker j says ceta awards could conflict with final irish court decisions in a supreme judgment on the proposed ratification of ceta, ms justice answered that was incompatible finality and democratic nature state. she said amendment arbitration acts permit ratification. [2022] iesc 44 eu-canada trade

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Courts Service · 2022-11-11 · courts

High Court strikes out Toweys’ claim and proposes leave filter for further cases

high court strikes out toweys’ claim and proposes leave filter for further cases the dismissed patrick magdalen towey’s 2021 claim, but gave them an opportunity to comment on proposed terms of a further-proceedings restriction before making final decision it. [2022] iehc 559 has struck latest over 2

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Courts Service · 2022-11-11 · courts

Court of Appeal rejects challenge to eight-year sentence over attempted ATM theft

court of appeal rejects challenge to eight-year sentence over attempted atm theft the said was severe but within available range and dismissed gerard duffy’s against its length. has severity an eight-year-and-nine-month prison sentence, with final 12 months suspended, for participating in a criminal

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Courts Service · 2022-11-11 · courts

High Court dismisses woman’s injury claim over N6 collision near Athlone

high court dismisses woman’s injury claim over n6 collision near athlone the found plaintiff solely responsible for 2015 crash after concluding she struck defendant’s car from behind while attempting to overtake. [2022] iehc 620 has dismissed lorraine mcgowan’s personal arising a on bypass, finding

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Courts Service · 2022-11-11 · courts

Supreme Court appeal allowed over proposed CETA ratification in Charleton J dissent

supreme court appeal allowed over proposed ceta ratification in charleton j dissent justice peter agreed that raised a constitutional issue, but disagreed with other judges changes to the arbitration act could address it. [2022] iesc 44 patrick costello’s challenge concerning of eu–canada comprehens

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Courts Service · 2022-11-11 · courts

Court of Appeal upholds revocation of bail over contact with alleged domestic violence victim

court of appeal upholds revocation bail over contact with alleged domestic violence victim [2022] ieca 293 the has upheld for b.m., who is awaiting trial on seven charges arising from against his former partner. b.m. had been granted subject to a series conditions after being sent forward central cr

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Courts Service · 2022-11-11 · courts

High Court orders Molex defendants to conduct further discovery in TCE injury case

high court orders molex defendants to conduct further discovery in tce injury case the found defendants’ earlier searches negligent and inadequate, but declined strike out their defence, giving them 12 weeks make better discovery. [2022] iehc 555 has ordered ireland limited incorporated within a per

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Courts Service · 2022-11-11 · courts

High Court strikes out Michael Hoey’s claims against Waterways Ireland

high court strikes out michael hoey’s claims against waterways ireland the found removal of a sunken, unpermitted barge was lawful and rejected over water abstractions navigation duties before striking action in its entirety. [2022] iehc 628 has struck entirety, rejecting arising from his alleged fa

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Courts Service · 2022-11-11 · courts

Court of Appeal dismisses man’s challenge to five sexual assault convictions

court of appeal dismisses man’s challenge to five sexual assault convictions the rejected challenges concerning missing records, a sister’s evidence complaint and phone call relied on as possible corroboration. 163/21 has dismissed an by man identified gmcd against for sexually assaulting his niece

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Courts Service · 2022-11-11 · courts

High Court enters €220,000 judgment against father and uncle in abuse damages case

high court enters €220,000 judgment against father and uncle in abuse damages case a supplemental ruling deducted the health service executive’s €130,000 settlement from previously assessed ordered two remaining defendants to pay costs incurred may 2021. [2022] iehc 589 has entered for woman’s uncle

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Courts Service · 2022-11-11 · courts

Supreme Court majority blocks proposed CETA ratification; Justice Power dissents

supreme court majority blocks proposed ceta ratification; justice power dissents in a minority judgment, said the ratification would be constitutionally permissible and not diminish jurisdiction of irish courts. ireland allowed patrick costello’s appeal over government’s eu-canada trade agreement ce

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Courts Service · 2022-11-10 · courts

High Court refuses trustees’ bid to join children’s guardianship case

high court refuses trustees’ bid to join children’s guardianship case the judge said pleaded concerned emotional welfare and that trustees could give evidence about their dealings with testamentary guardian. [2022 iehc 623] has refused two discretionary application as notice parties proceedings conc

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Courts Service · 2022-11-10 · courts

High Court orders each side to bear its own costs in family law case

high court orders each side to bear its own costs in family law case mr justice max barrett made no order after considering the parties’ positions and earlier financial, custody holiday decisions. [2022] iehc 622 has ordered that legal a involving anonymised parties ms b b. delivered judgment on 10

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Courts Service · 2022-11-10 · courts

High Court sends Supermacs rent dispute to plenary hearing

high court sends supermacs rent dispute to plenary hearing the refused richard duggan’s application for summary judgment of €135,412.69, finding that had shown a realistic prospect further evidence could improve its defence. [2022] iehc 630 has against ireland limited over claimed arrears directing

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Courts Service · 2022-11-09 · courts

Court of Appeal rejects bid to dismiss personal injury claim over undisclosed later accident

court of appeal rejects bid to dismiss personal injury claim over undisclosed later accident the upheld high court’s refusal under section 26, affirmed €10,000 in aggravated damages and left its costs order undisturbed. [2022] ieca 257 has dismissed martin mulligan’s against a decision awarding marg

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Courts Service · 2022-11-09 · courts

Supreme Court to refer Project Ireland 2040 environmental assessment questions to EU court

supreme court to refer project ireland 2040 environmental assessment questions eu the has not decided whether national planning framework or development plan required under rules, alternatives were assessed adequately. [2022] iesc 42 {'name': 'the court', 'location': none} seek guidance from of just

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Courts Service · 2022-11-09 · courts

Court of Appeal dismisses challenge to Slaney Road receiver appointment

court of appeal dismisses challenge to slaney road receiver appointment the found ben gilroy had no tenancy or other interest binding mortgagee and upheld high court’s injunctions. it dismissed his appeal, with costs provisionally proposed for receiver, subject written submissions. [2022] ieca 258 h

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Courts Service · 2022-11-09 · courts

High Court refuses Zimbabwean applicant’s challenge to protection appeal refusal

high court refuses zimbabwean applicant’s challenge to protection appeal refusal the found no legal flaw in tribunal’s credibility assessment. it refused certiorari and gave an indicative view that respondents were entitled costs, with final orders costs submissions left for a later mention. [2022]

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Courts Service · 2022-11-09 · courts

High Court refuses to include agreed 50:50 liability split in settled injury case order

high court refuses to include agreed 50:50 liability split in settled injury case order the lifted a stay and ordered proceedings struck out without proposed apportionment. it said minister’s interpretation of law was not an appellate ruling. [2022] iehc 619 has daniel kuczak’s personal against trea

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Courts Service · 2022-11-09 · courts

High Court refuses refugee’s challenge to family reunification law

high court refuses refugee’s challenge to family reunification law the found judicial review premature because applicant had not first applied under a policy that allows applications for non-marital partners. [2022] iehc 617 has refused nigerian application quash refusal of with his partner, finding

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Courts Service · 2022-11-08 · courts

High Court blocks sale of Adelaide Road property pending trial, refuses O’Connor injunction

high court blocks sale of adelaide road property pending trial, refuses o’connor injunction the protected held for a pension fund while underlying claims remain unresolved. it refused similar interim relief to thomas and ordered further explanations redactions in loan-transfer documents. [2022] iehc

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Courts Service · 2022-11-07 · courts

High Court orders Fanplex to provide €670,269.34 security for costs

high court orders fanplex to provide €670,269.34 security for costs the found that bandan had a bona fide defence at this stage and not established special circumstances refuse security. time limit final form of order remained further submissions. [2022] iehc 739 has directed limited as properties l

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Courts Service · 2022-11-07 · courts

Court of Appeal dismisses insulation company director’s appeal in injury claims

court of appeal dismisses insulation company director’s in injury claims the upheld trial judge’s decision to exclude a defence toxicologist’s evidence, finding he had acted as an advocate rather than independent expert. [2022] ieca 254 has dismissed appeals by brendan mcgee and gms insulations limi

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Courts Service · 2022-11-07 · courts

Court of Appeal upholds €1.095m awards to Donegal couple after insulation exposure

court of appeal upholds €1.095m awards to donegal couple after insulation exposure the dismissed an installer’s appeals over two personal injury awards, finding no error in high court’s conclusions on negligence, causation or damages. [2022] ieca 254 has by contractor brendan mcgee against patrick a

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Courts Service · 2022-11-07 · courts

Court of Appeal dismisses Sean Lane’s challenge to joint trial

court of appeal dismisses sean lane’s challenge to joint trial the upheld refusal try lane separately from jason keane broderick, finding was fair and dismissing against his convictions. has dismissed convictions for causing serious harm producing a baseball bat during dispute, ruling that judge ent

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Courts Service · 2022-11-07 · courts

Court of Appeal increases prison term to be served for serious assault

court of appeal increases prison term to be served for serious assault the quashed a sentence after finding that suspending two and half years four-year was unduly lenient. it substituted with 18 months suspended. has causing harm imposed same suspended, meaning must served. delivered its judgment o

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Courts Service · 2022-11-07 · courts

Court of Appeal dismisses hotelier’s challenge to €400,000 domicile levy

court of appeal dismisses hotelier’s challenge to €400,000 domicile levy the held that claimed trading losses did not reduce worldwide income for calculation and universal social charge count as tax under relevant statutory definition. [2022] ieca 255 has dismissed louis fitzgerald’s against a €200,

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Courts Service · 2022-11-07 · courts

High Court orders surrender to Lithuania under two European arrest warrants

high court orders surrender to lithuania under two european arrest warrants the rejected objections surrender, finding that updated particulars clarified first warrant and second extended same prosecution. [2022] iehc 676 has ordered imre arakas’s seeking his mr justice paul burns dismissed both in

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Courts Service · 2022-11-04 · courts

High Court dismisses farmer’s injury claim over cattle crush accident

high court dismisses farmer’s injury claim over cattle crush accident the found teagasc was not liable after accepting evidence that experienced embryologist directed an assistant to loosen a cow’s head gate while he remained behind it. [2022] iehc 607 has dismissed personal against during pregnancy

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Courts Service · 2022-11-04 · courts

High Court dismisses South African man’s challenge to refusal of protection

high court dismisses south african man’s challenge to refusal of protection the found that appeals tribunal had adequately considered risk future harm and availability state in africa. [2022] iehc 613 has dismissed a judicial review decision refusing him subsidiary protection, finding international

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Courts Service · 2022-11-04 · courts

High Court upholds receiver’s appointment and refuses bid to reopen challenge

high court upholds receiver’s appointment and refuses bid to reopen challenge the found patrick horkan was validly appointed under mortgage rejected thomas kearney’s request raise a separate later novation. [2022] iehc 605 court, commercial has ruled that receiver over property secured by mortgage,

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Courts Service · 2022-11-04 · courts

High Court bars sale of two properties pending borrowers’ case against lender

high court bars sale of two properties pending borrowers’ case against lender the granted an interlocutory injunction over in stillorgan and fermoy while proceedings continue, finding fair issues about prior demands receiver’s agency arrangement. it did not decide those at trial. [2022] iehc 612 has

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Courts Service · 2022-11-04 · courts

High Court rejects BW’s challenge to bankruptcy adjudication

high court rejects bw’s challenge to bankruptcy adjudication mr justice o’moore ruled that later circuit and district judgments could be considered when assessing whether the debt demanded in summons was due. [2022] iehc 608 court, has rejected application show cause against validity of an bankruptc

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Courts Service · 2022-11-04 · courts

Court of Appeal narrows discovery order in Comcast licence litigation

court of appeal narrows discovery order in comcast licence litigation the upheld tender evaluation and expertise records, narrowed a category about award phase, left concerning advent’s investment subject to costs indemnity. [2022] ieca 249 has dismissed challenges two categories over ireland’s seco

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Courts Service · 2022-11-04 · courts

High Court sets aside protection appeal decision over credibility findings

high court sets aside protection appeal decision over credibility findings the found that tribunal relied on a false premise about applicant’s husband’s account and did not give her chance to explain why he was absent from hearing. final orders costs remained be addressed. [2022] iehc 641 has ruled

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Courts Service · 2022-11-04 · courts

High Court dismisses challenge to refusal of Ethiopian spouse’s Irish visa

high court dismisses challenge to refusal of ethiopian spouse’s irish visa the judge found flaws in handling financial concerns and some explanations, but held that unresolved documentary gaps independently supported refusal. [2022] iehc 611 has dismissed a married couple’s would have allowed an man

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Courts Service · 2022-11-04 · courts

High Court dismisses appeals over Cork property possession order

high court dismisses appeals over cork property possession order a de novo hearing upheld start mortgages dac’s entitlement to and rejected challenges its substitution for permanent tsb. the also set aside two master’s orders extending time appeal. [2022] iehc 629 has dismissed rosarie o’mahony’s co

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Courts Service · 2022-11-04 · courts

Court of Appeal dismisses challenge over €4,400 in damaged banknotes

court of appeal dismisses challenge over €4,400 in damaged banknotes the held that lawrence shields had no arguable standing to central bank’s decision withhold notes pending a garda investigation. was dismissed, while further hearing on costs left be scheduled. [2022] ieca 250 has dismissed shields

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Courts Service · 2022-11-03 · courts

High Court refuses appeal certificate in deportation challenge and awards costs to Minister

high court refuses appeal certificate in deportation challenge and awards costs to minister the declined certify four proposed questions for ordered respondent, be adjudicated if parties cannot agree. [2022] iehc 675 has refused an application by anonymised applicant a allowing of order. it also him

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Courts Service · 2022-11-03 · courts

Court of Appeal makes no order on costs of damages appeal

court of appeal makes no order on costs damages the said plaintiff had made counter-offer that could protect his costs, while preserving an earlier in favour. [2022] ieca 247 has directed there be as to over awarded kevin meehan, leaving place a ruling delivered 3 november 2022, mr justice noonan ob

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Courts Service · 2022-11-03 · courts

Court of Appeal refuses to halt trial over alleged 1980s child sexual abuse

court of appeal refuses to halt trial over alleged 1980s child sexual abuse the dismissed an seeking prohibit a criminal trial, leaving delay and related fairness questions for judge. it also director public prosecutions’ cross-appeal judicial review time limit. [2022] ieca 251 appeal, civil has ref

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Courts Service · 2022-11-03 · courts

High Court rules destroyed 2015 will remained valid after mistaken legal advice

high court rules destroyed 2015 will remained valid after mistaken legal advice the applied dependent relative revocation, admitted a photocopy of to probate and cancelled grant relating an earlier will. costs be addressed. [2022] iehc 604 has ruled that john coughlan’s he it on doing so would reviv

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Courts Service · 2022-11-03 · courts

Supreme Court dismisses residents’ appeal over Waterford wind turbine blades

supreme court dismisses residents’ appeal over waterford wind turbine blades the held that planning authority had agreed in writing to turbines’ 103-metre rotor diameter and a challenge agreement could not now be brought section 160 proceedings. has dismissed an by seven residents operation of farm

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Courts Service · 2022-11-03 · courts

Court of Appeal raises sentence to four years for knife attack on former partner

court of appeal raises sentence to four years for knife attack on former partner the found original unduly lenient after a review by director public prosecutions, quashed it and imposed years’ imprisonment, with final three months suspended two years. has increased keith malone’s imprisonment stabbi

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Courts Service · 2022-11-03 · courts

Circuit Court cuts RTB penalty against property company by 35%

circuit court cuts rtb penalty against property company by 35% the upheld finding that wow investments breached rent pressure zone rules, but reduced €7,437.50 sanction to €4,834.38. court, dublin circuit, county of city a residential tenancies board limited financial from judge john o’connor delive

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Courts Service · 2022-11-03 · courts

Supreme Court dismisses residents’ wind turbine blade appeal

supreme court dismisses residents’ wind turbine blade appeal the held that planning decisions allowing 103-metre rotor blades could not be challenged in injunction proceedings because statutory judicial review time limit had passed. of ireland has dismissed an by seven local residents seeking to res

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Courts Service · 2022-11-02 · courts

High Court refuses Stardust inquest participant’s application for legal costs relief

high court refuses stardust inquest participant’s application for legal costs relief the rejected eamonn butterly’s requested declarations on aid and costs, while leaving separate question of in judicial review later consideration. [2022] iehc 597 has refused sought by butterly over recovery his par

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Courts Service · 2022-11-02 · courts

High Court awards costs after allowing appeal over time-barred claim

high court awards costs after allowing appeal over time-barred claim a ruling followed an earlier decision that the plaintiff’s was not statute barred. defendant must pay her in circuit and court, subject to agreement or adjudication. [2022] iehc 603 has ordered campbell catering limited, trading as

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Courts Service · 2022-11-02 · courts

High Court orders discovery of Davy communications with Central Bank in bond sale dispute

high court orders discovery of davy communications with central bank in bond sale dispute the ruling also requires records about bonds’ resale and plaintiffs’ dealings cerberus, while refusing two requests for documents concerning state. [2022] iehc 606 has ordered bank’s investigation into anglo ir

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Courts Service · 2022-11-02 · courts

High Court rejects menswear retailer’s Covid rent defence in summary judgment application

high court rejects menswear retailer’s covid rent defence in summary judgment application the ruled that temporary restrictions did not frustrate lease or relieve company of obligations. it found landlord could recover from and its guarantor, with exact amount final orders left for a later hearing.

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Courts Service · 2022-11-02 · courts

High Court says Stardust inquest may return unlawful-killing verdict only if no person is identifiable

high court says stardust inquest may return unlawful-killing verdict only if no person is identifiable the upheld dublin coroner’s decision to leave question open before evidence heard, while stressing that any must not identify or make a identifiable. [2022] iehc 598 has ruled jury at fire inquests

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Courts Service · 2022-11-02 · courts

High Court rules Gardaí did not have to explain nine-minute roadside wait

high court rules gardaí did not have to explain nine-minute roadside wait a case stated from drink-driving prosecution concerned delay while custody van was arranged during covid-19. the answered that no explanation required and returned final ruling on costs. [2022] iehc 601 court; dublin metropoli

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Courts Service · 2022-11-02 · courts

High Court says wind farm output data must be considered in rates valuation

high court says wind farm output data must be considered in rates valuation the answered two questions a case stated from tribunal, finding it erred law by excluding operational energy data. form of order, costs and broader issue about dates remained for further submissions. [2022] iehc 588 has rule

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Courts Service · 2022-11-01 · courts

Supreme Court limits State’s duty to translate Irish-language legislation

supreme court limits state’s duty to translate irish-language legislation the upheld findings of unreasonable delay in translating a 2018 act and certain eu-related statutory instruments, but rejected general other instruments sought compulsory purchase dispute. s: ap:ie:2021:000107 ireland allowed

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Courts Service · 2022-11-01 · courts

High Court dismisses challenge to convictions over two cards

high court dismisses challenge to convictions over two cards the found evidence of possession in suspicious circumstances was weak but not wholly absent, and declined quash district by judicial review. [2022] iehc 602 has dismissed a review zbigniew zadecki for possessing stolen property. held that

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Courts Service · 2022-11-01 · courts

Court of Appeal dismisses bid to challenge drink-driving conviction

court of appeal dismisses bid to challenge drink-driving conviction the concerned high court’s refusal let william fitzgerald seek judicial review rulings made during his fermoy district trial. upheld that and dismissed appeal, including against costs. [2022] ieca 271 has fitzgerald’s grant him leav

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Courts Service · 2022-11-01 · courts

Supreme Court limits Irish translation duty to primary law and exceptional cases

supreme court limits irish translation duty to primary law and exceptional cases the upheld findings of unreasonable delay over a 2018 act for certain eu-related instruments, but rejected general translate other statutory instruments. held that state unreasonably delayed publishing an planning devel

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