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Courts Service · 2022-12-23 · courts

High Court refuses Artem Lobov’s bid to stop Conor McGregor’s tweets

high court refuses artem lobov’s bid to stop conor mcgregor’s tweets the was not satisfied that calling lobov a “rat” clearly defamatory in context of series insults. it refused an interim publication restraint under section 33 defamation act 2009. [2022] iehc 724 application restrain mcgregor from

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Courts Service · 2022-12-23 · courts

Court of Appeal dismisses challenge to freezing of €75,000 bank balance

court of appeal dismisses challenge to freezing €75,000 bank balance the upheld a high interlocutory order over money it found had been received as part scheme launder drug proceeds. concerned only that account balance. [2022] ieca 304 has dismissed graham whelan’s against an just in aib his name, f

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Courts Service · 2022-12-22 · courts

Supreme Court dismisses appeal over Lithuanian sentence and Ireland’s failure to implement EU transfer rules

supreme court dismisses appeal over lithuanian sentence and ireland’s failure to implement eu transfer rules the held that create a process for applying serve foreign in ireland did not provide legal basis resist surrender under european arrest warrant. of has dismissed an by danas kairys against hi

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Courts Service · 2022-12-21 · courts

Court of Appeal dismisses challenge over Shannon LNG’s EU project listing

court of appeal dismisses challenge over shannon lng’s eu project listing the held that friends irish environment had no genuine national dispute requiring an law reference, and said case become moot after left current union list. [2022] ieca 298 has dismissed environment’s (fie) inclusion proposed

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Courts Service · 2022-12-21 · courts

High Court sets aside drink-driving conviction after judge’s interventions made District Court trial unfair

high court sets aside drink-driving conviction after judge’s interventions made district trial unfair [2022] iehc 689 the has set gerard reilly’s for a road traffic offence finding that during garda witness’s evidence hearing fundamentally unfair. prosecution arose from events on 28 september 2018.

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Courts Service · 2022-12-21 · courts

High Court opens further hearings in medical regulator’s case and allows doctor to be named

high court opens further hearings in medical regulator’s case and allows doctor to be named the ruled that ongoing council proceedings should proceed publicly mediahuis could identify doctor, while retaining redactions for referees a family matter. [2022] iehc 723 has ordered council’s against syed

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Courts Service · 2022-12-21 · courts

High Court says children’s best interests favour return from Egypt to Ireland

high court says children’s best interests favour return from egypt to ireland the made a declaration that two young children were retained in without their mother’s consent and would be served by returning her care. it said order not enforceable circumstances. [2022] iehc 736 court, family law has d

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Courts Service · 2022-12-21 · courts

Supreme Court dismisses challenge to Cork flood-defence approval

supreme court dismisses challenge to cork flood-defence approval the held that an bord pleanála could screen for environmental impact assessment while considering council’s application under section 177ae. it did not decide whether should be quashed if screening power had been absent. {'name': 'the

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Courts Service · 2022-12-21 · courts

High Court refuses extension of time in Carrick-on-Shannon EIA challenge

high court refuses extension of time in carrick-on-shannon eia challenge the dismissed a judicial review over an alleged failure to assess town regeneration project, ruling that applicant had not adequately explained delay. it made no finding on whether environmental impact assessment was required.

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Courts Service · 2022-12-21 · courts

Court of Appeal cuts Bank of Ireland judgment against Kieran Doyle to €7.005m

court of appeal cuts bank ireland judgment against kieran doyle to €7.005m the rejected doyle’s arguments for a full rehearing but reduced high award account payments made by his co-borrowers. [2022] ieca 296 summary in favour from €7,743,348.47 €7,005,283.47, crediting it other grounds and did not

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Courts Service · 2022-12-21 · courts

High Court refuses request to dictate order of issues in cyclist’s injury case

high court refuses request to dictate order of issues in cyclist’s injury case the declined direct that fingal county council’s potential liability be decided first, leaving sequence future trial judge. [2022] iehc 713 has refused an application how should at a personal injuries action against counc

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Courts Service · 2022-12-21 · courts

High Court orders fire investigation and insurance records disclosed, refuses child’s medical records

high court orders fire investigation and insurance records disclosed, refuses child’s medical the discovery ruling grants plaintiff three of four document categories, limits to years either side 2013 fire, leaves costs provisional. [2022] iehc 712 has ordered defendants in a house-fire damages case

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Courts Service · 2022-12-21 · courts

Court of Appeal clarifies when careless driving causing death brings mandatory driving ban

court of appeal clarifies when careless driving causing death brings mandatory ban [2022] ieca 302 the has clarified that a conviction for does not, by itself, automatically result in disqualification. issue arose county monaghan after colleen mccann pleaded guilty to under section 52 road traffic a

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Courts Service · 2022-12-21 · courts

High Court orders Enoch Burke’s release from coercive imprisonment

high court orders enoch burke’s release from coercive imprisonment the ordered his custody, while leaving school free to seek renewed committal or other measures if he breaches an order. [2022] iehc 719 on 21 december 2022, ruling that detention should stop “at least for moment”. order did not set e

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Courts Service · 2022-12-21 · courts

High Court refuses challenge to peatland works but allows group to return

high court refuses challenge to peatland works but allows group return the found westland’s winterisation measures on clonsura bog were unauthorised development, declined stop them for now, citing their limited scale and an unresolved risk of environmental harm if they ceased. [2022] iehc 727 has re

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Courts Service · 2022-12-21 · courts

Appeal court allowed auction to proceed but barred licence notifications pending High Court case

appeal court allowed auction to proceed but barred licence notifications pending high case the of varied a stay on comreg’s spectrum auction, allowing its main stage run while preventing regulator from notifying winning bidders that they could apply for licences. later discharged order after three d

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Courts Service · 2022-12-21 · courts

High Court refuses to dismiss solicitor negligence claim despite finding inexcusable delay

high court refuses to dismiss solicitor negligence claim despite finding inexcusable delay the found plaintiff’s post-commencement was inordinate and inexcusable, but ruled that balance of justice favoured allowing his proceed trial. [2022] iehc 725 has refused a professional against robert dore, al

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Courts Service · 2022-12-21 · courts

High Court awards €365,536 after factory worker’s back injury

high court awards €365,536 after factory worker’s back injury the found that work at queally pig slaughtering ltd caused facet joint dysfunction and contributed to spinal arthritis. company had admitted liability before expert evidence began. [2022] iehc 732 has awarded a worker €365,536, including

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Courts Service · 2022-12-21 · courts

High Court awards Cave Projects €11.4m against former property partner

high court awards cave projects €11.4m against former property partner the found john kelly jointly and severally liable for partnership borrowing after a plenary hearing. it entered judgment €11,407,826.09 ordered costs plaintiff, to be assessed if parties cannot agree. [2022] iehc 718 has followin

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Courts Service · 2022-12-21 · courts

Court of Appeal quashes mandatory driving ban in careless-driving sentence appeal

court of appeal quashes mandatory driving ban in careless-driving sentence the set aside four-year disqualification order, finding it did not automatically apply to appellant’s conviction. said would hear parties about possible re-sentencing, including a discretionary ban. [2022] ieca 301 has quashe

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Courts Service · 2022-12-21 · courts

Bank wins €366,099 judgment against borrower; second claim against co-borrower goes to trial

bank wins €366,099 judgment against borrower; second claim co-borrower goes to trial the high court granted of ireland andrew rispin in two loan claims, but sent its denis ryan a plenary hearing over how compulsory purchase funds should have been applied. [2022] iehc 726 has while allowing separate

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Courts Service · 2022-12-21 · courts

High Court refuses challenge to marriage of convenience finding

high court refuses challenge to marriage of convenience finding the ruled that a further oral hearing was not required in judicial review minister for justice’s decision concerning h’s and residence card. [2022] iehc 721 has refused bangladeshi man’s application overturn upheld his romanian citizen

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Courts Service · 2022-12-21 · courts

High Court dismisses mother’s claims against solicitors and Law Society

high court dismisses mother’s claims against solicitors and law society the ruled that eleanor leahy could not pursue damages based on lost opportunity to bring a medical negligence case for her adult son. it also dismissed claim over complaints she had withdrawn. [2022] iehc 690 has proceedings bro

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Courts Service · 2022-12-20 · courts

High Court strikes out feed company’s claim over 2011 suspension after decade-long delay

high court strikes out feed company’s claim over 2011 suspension after decade-long delay the found in prosecuting asm alternative feeds limited’s was inordinate and inexcusable, said had caused considerable prejudice to defendants. final orders, including costs, were left for a later hearing. [2022]

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Courts Service · 2022-12-20 · courts

Court of Appeal upholds refusal to enforce Pakistani custody order

court of appeal upholds refusal to enforce pakistani custody order the dismissed a father’s appeal, finding that two minor children were habitually resident in ireland when he sought enforcement. their welfare and issues remain for circuit court. [2022] ieca 297 has against recognise or concerning h

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Courts Service · 2022-12-20 · courts

High Court orders child’s return to Northern Ireland after rejecting grave-risk defence

high court orders child’s return to northern ireland after rejecting grave-risk defence the found evidence did not establish a grave risk in her father’s care, and said ireland’s courts could protect her. order was stayed until 13 january 2023 allow an appeal be lodged. [2022] iehc 729 court, family

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Courts Service · 2022-12-20 · courts

Court of Appeal dismisses challenge to conviction over Christmas Eve money demand

court of appeal dismisses challenge to conviction over christmas eve money demand the upheld john reilly’s conviction, rejecting challenges admission two witness statements, refusal direct an acquittal and evidence about a drug debt. [2022] ieca 299 has dismissed against his for demanding with menac

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Courts Service · 2022-12-20 · courts

Court of Appeal refuses bid to add new ground to murder appeal

court of appeal refuses bid to add new ground murder the rejected a late application arguing that trial judge should have given jury further directions on circumstantial evidence, and said refusal disposed appeal. has refused an by ciprian grozavu his against 2014 conviction, finding was not evidenc

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Courts Service · 2022-12-20 · courts

High Court grants interim possession order but bars sale of Kildare property pending trial

high court grants interim possession order but bars sale of kildare property pending trial the gives first defendant up to six months, or until he secures alternative accommodation, before can be enforced against him. cannot sold while proceedings continue unless parties agree. [2022] iehc 717 has g

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Courts Service · 2022-12-20 · courts

Court of Appeal refuses bail to man charged with brother’s murder at Tralee cemetery

court of appeal refuses bail to man charged with brother’s murder at tralee cemetery [2022] ieca 315 the has refused patrick dooley while he awaits trial for alleged his brother thomas rath in tralee, county kerry. was killed on 5 october 2022. prosecution that a group armed slash hooks and other bl

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Courts Service · 2022-12-20 · courts

Court of Appeal upholds dismissal of solicitor negligence claim after prolonged delay

court of appeal upholds dismissal solicitor negligence claim after prolonged delay the found that years unexplained inactivity and former solicitor’s inability to give reliable evidence tipped balance in favour dismissal. [2022] ieca 294 has dismissed brian egan’s against an order striking out his s

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Courts Service · 2022-12-20 · courts

High Court refuses judicial review over Agency’s decision not to reopen child abuse assessment

high court refuses judicial review over agency’s decision not to reopen child abuse assessment the found that and family agency may investigate further when warranted, but was required do so in this case. it refused relief sought after finding no sustainable basis overturn decision. [2022] iehc 716

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Courts Service · 2022-12-20 · courts

Court of Appeal strikes out grounds seeking to reopen divorce jurisdiction ruling

court of appeal strikes out grounds seeking to reopen divorce jurisdiction ruling the held that section 39 barred an indirect high court’s final decision upholding circuit jurisdiction. it gave a provisional view no costs order should be made on those grounds. [2022] ieca 297 has struck sought chall

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Courts Service · 2022-12-20 · courts

Court of Appeal dismisses challenge to refusal to discharge jury in rape conviction appeal

court of appeal dismisses challenge to refusal discharge jury in rape conviction the said trial judge was entitled weigh prejudicial character evidence, how it arose and timing defence application. against dismissed. has dismissed a.m.’s conviction, finding no error judge’s after evidence heard duri

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Courts Service · 2022-12-20 · courts

Court of Appeal dismisses challenge to custody case being heard with divorce proceedings

court of appeal dismisses challenge to custody case being heard with divorce proceedings the concerned where and access should be heard. made no decision on merits those issues. [2022] ieca 295 has dismissed a father’s against an order sending his former wife’s circuit alongside their case. it said

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Courts Service · 2022-12-20 · courts

High Court dismisses appeal over possession of six Dublin properties

high court dismisses appeal over possession of six dublin properties the held that mortgagees could establish circuit jurisdiction with valuation evidence produced after proceedings began, and found sufficient in this case. [2022] iehc 722 dismissed david langan’s against orders covering rental city

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Courts Service · 2022-12-19 · courts

High Court upholds checkpoint authorisation in case stated on three road traffic convictions

high court upholds checkpoint authorisation in case stated on three road traffic convictions the answered yes to whether tallaght was validly authorised. a second question about did not arise; costs remained subject written submissions. [2022] iehc 708 has ruled that mandatory intoxicant testing aut

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Courts Service · 2022-12-19 · courts

High Court orders restoration of Westport company after loan debt assignment

high court orders restoration of westport company after loan debt assignment the held that everyday finance could seek as assignee a owed before derbar developments (westport) limited was struck off. it ordered and compliance steps, while leaving timing costs for later submissions. [2022] iehc 709 h

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Courts Service · 2022-12-19 · courts

High Court refuses Enoch Burke’s bid to halt school proceedings

high court refuses enoch burke’s bid to halt school proceedings the rejected applications stay an earlier order and proceedings, directed burke file a defence by 13 january 2023, said full judgment on his motion would follow in january. [2022] iehc 720 refused brought board of management wilson’s ho

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Courts Service · 2022-12-19 · courts

Court of Appeal sets aside costs order against developer after reversing dismissal of its case

court of appeal sets aside costs order against developer after reversing dismissal its case the declined to make pay respondent’s high for a failed motion, while leaving other issues trial judge. [2022] ieca 291 has set an requiring greenwich project holdings limited con cronin’s motion dismiss comp

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Courts Service · 2022-12-16 · courts

High Court restricts former Granja director for five years

high court restricts former granja director for five years the found gerard feehily had not shown he acted honestly and responsibly in affairs of insolvent company, while criticising liquidator’s solicitor arrangements light case’s contentious history. [2022] iehc 711 has declared that limited manag

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Courts Service · 2022-12-16 · courts

High Court dismisses challenge to €25,624 in legal costs

high court dismisses challenge to €25,624 in legal costs the found no error taxing master’s assessment of awarded minister after earlier proceedings were struck out and an appeal was dismissed. final order remained pending. [2022] iehc 692 has dismissed antonio casimiro lopes’s application review ar

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Courts Service · 2022-12-16 · courts

High Court quashes Kildare wind farm approval and refuses remittal

high court quashes kildare wind farm approval and refuses remittal the ordered certiorari of an bord pleanála’s permission for a 12-turbine development, concluding that conceded plans-and-drawings defect made application invalid from outset. [2022] iehc 699 court, commercial has decision to grant in

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Courts Service · 2022-12-16 · courts

High Court awards landlord €454,117.33 in unpaid rent

high court awards landlord €454,117.33 in unpaid rent the granted summary judgment after finding lease barred tenant from setting off its unquantified repair claim against rent. whether enforcement of order should be stayed was left for further submissions. [2022] iehc 731 has propmaster ventures lt

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Courts Service · 2022-12-16 · courts

High Court dismisses challenge to Offaly solar farm permission

high court dismisses challenge to offaly solar farm permission the found that residents’ pleaded grounds did not establish a basis quash an bord pleanála’s 2021 permission, while noting separate consent process may apply hedgerow removal. [2022] iehc 700 court, commercial has dismissed judicial revi

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Courts Service · 2022-12-16 · courts

High Court awards €25,000 for lost fishing vessel after retrial

high court awards €25,000 for lost fishing vessel after retrial the fixed vessel’s value at and found no damages loss of use. submissions on costs were due by 13 january 2023, with final orders to follow. [2022] iehc 691 awarded patrick sheehy his vessel, atlantic mariner, a limited when it foundere

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Courts Service · 2022-12-16 · courts

High Court orders discovery process in Brophy and O’Reilly case, defers privilege ruling

high court orders discovery process in brophy and o’reilly case, defers privilege ruling the directed defendants to identify documents claimed be protected by public interest set a cut-off date for leslie buckley, with an exception inspectorate documents. [2022] iehc 660 has mediahuis ireland group

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Courts Service · 2022-12-15 · courts

Court of Appeal finds Mental Health Tribunal gave inadequate reasons for detention decision

court of appeal finds mental health tribunal gave inadequate reasons for detention decision the allowed an and declared that breached its statutory duty to give reasons. it did not rule on whether was justified, left damages claim open. [2022] ieca 290 has ruled failed adequate when affirmed a six-m

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Courts Service · 2022-12-15 · courts

High Court refuses Ypsilon bid to narrow Ryanair claim, allows competition counterclaim

high court refuses ypsilon bid to narrow ryanair claim, allows competition counterclaim the declined limit ryanair’s claim against services supplied vola, and gave leave amend its defence bring a law counterclaim. [2022] iehc 741 of ireland has refused ypsilon.net ag’s application dac’s it allegedly

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Courts Service · 2022-12-15 · courts

High Court refuses bid to stop Ballsbridge trespass prosecution over delay

high court refuses bid to stop ballsbridge trespass prosecution over delay the found no real risk of an unfair trial and held that limited culpable did not justify prohibiting prosecution. district case may proceed. [2022] iehc 714 has refused petru pauletti’s application prohibit his in court, find

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Courts Service · 2022-12-15 · courts

Court of Appeal reduces dangerous-driving disqualification from 10 years to 7

court of appeal reduces dangerous-driving disqualification from 10 years to 7 the upheld prison sentence imposed on a driver convicted after serious n20 collision, but found 10-year driving ban disproportionate. reduced paul coen’s seven finding original period “somewhat disproportionate”. it otherw

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Courts Service · 2022-12-15 · courts

High Court refuses to strike out HSE’s claim over defective mortuary dome

high court refuses to strike out hse’s claim over defective mortuary dome the held that ireland had jurisdiction hear dispute, while leaving product liability for later determination. [2022] iehc 710 has refused a uk company’s application proceedings brought by health service executive an allegedly

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Courts Service · 2022-12-15 · courts

High Court rejects two appeals over injuries claimed after minor traffic contact

high court rejects two appeals over injuries claimed after minor traffic contact the upheld circuit court’s rejection of claims, finding that plaintiffs had not proved incident caused their alleged injuries. it was minded to award costs defendant, subject any party seeking a different order within o

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Courts Service · 2022-12-14 · courts

High Court refuses German request to enforce further sentence against surrendered man

high court refuses german request to enforce further sentence against surrendered man the refused ireland’s consent a concerning an eight-month fraud sentence, finding no evidence that came from or was authorised by issuing judicial authority. [2022] iehc 702 has for benjamin korte, who had already

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Courts Service · 2022-12-14 · courts

Court of Appeal dismisses challenge to €845,176 in bank judgments

court of appeal dismisses challenge to €845,176 in bank judgments the upheld summary two proceedings, while leaving open whether further submissions would be needed if banks maintain a claim for surcharge interest. [2022] ieca 288 has dismissed elaine heffernan’s appeals against favour aib mortgage

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Courts Service · 2022-12-14 · courts

High Court finds no valid transfer of widow’s home to daughter

high court finds no valid transfer of widow’s home to daughter the found that signatures on later documents were forged and solicitor was negligent, but confined this judgment liability issues; further questions left for consideration. [2023] iehc 740 marie gibson her late husband did not their fami

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Courts Service · 2022-12-14 · courts

High Court refuses to dismiss student tax relief challenge over delay

high court refuses to dismiss student tax relief challenge over delay the found plaintiffs’ post-commencement was inordinate and inexcusable, but said state had not established prejudice sufficient justify ending case. [2022] iehc 701 {'name': 'the court'} has refused state’s application a restricti

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Courts Service · 2022-12-14 · courts

Court of Appeal refuses son’s application to represent father in mortgage appeal

court of appeal refuses son’s application to represent father in mortgage the said evidence did not establish exceptional circumstances for allowing neil maloney oliver moloney. underlying over execution a possession order remained be listed hearing. [2022] ieca 287 has refused maloney’s permission

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Courts Service · 2022-12-14 · courts

High Court orders return of two children to Sweden under Hague Convention

high court orders return of two children to sweden under hague convention the found insufficient evidence grave risk prevent return, while recognising older child’s strong objection and need for ongoing professional support. [2022] iehc 733 court, family law has ordered who were brought ireland a ho

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Courts Service · 2022-12-13 · courts

High Court sets aside TUSLA abuse assessment over procedural unfairness

high court sets aside tusla abuse assessment over procedural unfairness the found jpp was not given promised interview notes or a chance to respond before an adverse provisional conclusion. it ordered reconsidered by different social workers, without deciding appeal fairness claim. [2022] iehc 737 h

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Courts Service · 2022-12-13 · courts

Court of Appeal orders appellant to pay costs after dismissing appeal against William Murray

court of appeal orders appellant to pay costs after dismissing against william murray the said had not established a basis depart from usual rule that an entirely successful party should receive costs. [2022] ieca 284 has ordered tom darcy murray’s was dismissed in october 2022. ruling delivered on

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Courts Service · 2022-12-13 · courts

Court of Appeal refuses bid to review Irish Life appeal judgment

court of appeal refuses bid to review irish life judgment the ruled on papers that three appellants had not met exceptional threshold reopen or correct its november 2022 judgment. a separate request for stay remains later consideration. [2022] ieca 285 has refused an application by dismissing over 2

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Courts Service · 2022-12-13 · courts

Court of Appeal dismisses tenant’s challenge to bank possession order

court of appeal dismisses tenant’s challenge to bank possession order the held that 2004 residential tenancies protections did not apply a lease granted after mortgage without bank’s consent, and left high in place. [2022] ieca 286 has dismissed eileen daly’s against an giving allied irish banks plc

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Courts Service · 2022-12-12 · courts

High Court grants limited injunction over Dublin apartments, gives occupants 28 days to respond

high court grants limited injunction over dublin apartments, gives occupants 28 days to respond phoenix construction consulting secured interim protection for common areas at 11a north frederick street. the deferred summary judgment against unidentified and ordered gerry ward account rents by affida

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Courts Service · 2022-12-12 · courts

Court of Appeal cuts woman’s sentence to three years after finding culpability error

court of appeal cuts woman’s sentence to three years after finding culpability error the kept a five-year for violent home invasion but suspended its final two years, matching co-accused’s time be served. appeal; sentencing court: cork circuit criminal has quashed nicola robinson’s and resentenced h

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Courts Service · 2022-12-12 · courts

High Court orders debtor to pay costs after tax debt is discharged

high court orders debtor to pay costs after tax debt is discharged the petition was struck out paid in full before a hearing. ordered collector general’s and of related applications. [2022] iehc 694 court, bankruptcy has presenting pursuing heard. mr justice mark sanfey against solicitor cormac loha

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Courts Service · 2022-12-12 · courts

High Court rejects challenges over Moyfin quarry planning decisions

high court rejects challenges over moyfin quarry planning decisions the dismissed two judicial review proceedings concerning near longwood, upholding board’s 2013 decision and its 2020 refusal to let operator apply for substitute consent. [2022] iehc 707 has co meath. ms justice niamh hyland ruled o

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Courts Service · 2022-12-12 · courts

Court of Appeal upholds Promontoria’s joinder but sets aside leave to execute bank judgment

court of appeal upholds promontoria’s joinder but sets aside leave to execute bank judgment the found loan transfer justified adding promontoria as a co-plaintiff, ruled it had not explained full delay in seeking 2009 judgment. [2022] ieca 283 has upheld an order (oyster) dac co-plaintiff long-runni

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Courts Service · 2022-12-09 · courts

High Court refuses Ryanair bid to strike out Skyscanner competition claim

high court refuses ryanair bid to strike out skyscanner competition claim the declined remove skyscanner’s article 102 defence and counterclaim or split case into separate trial modules. underlying claims remain for trial; made no findings on their merits. [2022] iehc 696 court, commercial has refus

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Courts Service · 2022-12-09 · courts

High Court refuses leave to appeal Meath development plan rulings

high court refuses leave to appeal meath development plan rulings two companies failed obtain permission decisions refusing quash parts of the county plan. judge said their challenges did not address plan’s overall housing strategy. [2022] iehc 683 has dismissed applications by four for that refused

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Courts Service · 2022-12-09 · courts

Court of Appeal increases sentence for fatal house fire to 11 years

court of appeal increases sentence for fatal house fire to 11 years the allowed dpp’s undue-leniency application, finding original 12-year headline too low. it suspended final 18 months new on same conditions as before. appeal; central criminal (sentencing court) has increased daniel murray’s mansla

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Courts Service · 2022-12-09 · courts

High Court disqualifies company director for three years after finding restriction breach

high court disqualifies company director for three years after finding restriction breach the found that michael carroll continued to act in of a five-year declaration and made separate three-year disqualification order. remains force. [2022] iehc 695 has disqualified from management he acted declar

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Courts Service · 2022-12-09 · courts

High Court grants partial leave in challenge to Intel planning modification

high court grants partial leave in challenge to intel planning modification thomas reid may pursue parts of his judicial review a 2020 permission, including claims about environmental assessment and public notification. the did not decide whether permission was lawful. [2022] iehc 687 has granted se

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Courts Service · 2022-12-08 · courts

High Court allows receiver to collect rents while mortgage dispute proceeds to trial

high court allows receiver to collect rents while mortgage dispute proceeds trial the granted limited interim relief a appointed over five investment properties, but declined order possession or bar owners from entering them. [2022] iehc 697 has allowed rent residential properties pending trial, ref

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Courts Service · 2022-12-08 · courts

Court of Appeal dismisses Greenville Primary Care’s appeal over €285,666 security for costs

court of appeal dismisses greenville primary care’s over €285,666 security for costs the upheld an order requiring company to provide defendant’s in ongoing contract dispute, finding credible evidence that it might be unable pay if loses. underlying claims remain unresolved. [2022] ieca 281 has dism

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Courts Service · 2022-12-08 · courts

Court of Appeal orders appellants to pay costs after losing FOI appeal

court of appeal orders appellants to pay costs after losing foi the rejected appellants’ request depart from usual rule, finding no exceptional public importance in appeal. [2022] ieca 280 has ordered jackson way properties limited and james patrick kennedy information commissioner’s their unsuccess

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Courts Service · 2022-12-08 · courts

Court of Appeal allows conviction appeal over pre-trial newspaper coverage

court of appeal allows conviction over pre-trial newspaper coverage the found that a warning to jury did not adequately address sunday world article published on eve trial, leaving safety in doubt. has allowed an against indecent assault conviction, finding trial judge give sufficiently specific abo

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Courts Service · 2022-12-07 · courts

High Court discharges bankrupt after finding one material failure to disclose

high court discharges bankrupt after finding one material failure to disclose the found michael hintz should have disclosed an agreement assigning claims a third party, but said his bankruptcy had already been extended long enough as sanction. official assignee’s investigation remains ongoing. [2022

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Courts Service · 2022-12-07 · courts

Court of Appeal rejects Cooper’s appeal but leaves final order and costs for later hearing

court of appeal rejects cooper’s but leaves final order and costs for later hearing the said dispute over whether an bord pleanála could accept a late planning was not properly before it. it upheld decision to strike out proceedings against board scheduled further on order’s scope costs. [2022] ieca

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Courts Service · 2022-12-07 · courts

Court of Appeal affirms solicitor discipline ruling after considering late submissions

court of appeal affirms solicitor discipline ruling after considering late submissions the rejected daniel coleman’s further arguments about dishonesty and upheld its july 2022 decision in law society’s disciplinary appeal. [2022] ieca 277 has affirmed society ireland’s case against coleman suppleme

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Courts Service · 2022-12-06 · courts

Court of Appeal refuses Harte Peat’s bid to resume extraction at Area G

court of appeal refuses harte peat’s bid to resume extraction at area g the found company had arguable grounds in its appeal, but said environmental risks allowing before was decided outweighed financial prejudice shown evidence. [2022] ieca 276 has refused peat limited’s application suspend an inju

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Courts Service · 2022-12-06 · courts

High Court strikes out Derry land claims against third defendant

high court strikes out derry land claims against third defendant the found pleadings disclosed no reasonable cause of action simon wagner and also ruled that keeping him in case would be an abuse process. [2022] iehc 682 has struck brought a dispute over proceeds from sale derry, ruling plaintiffs’

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Courts Service · 2022-12-06 · courts

High Court awards €89,250 after rear-end collision caused shoulder and psychiatric injuries

high court awards €89,250 after rear-end collision caused shoulder and psychiatric injuries the assessed €75,000 in general damages, including a €20,000 uplift for injury, added €14,250 agreed special damages. [2022] iehc 680 awarded patrick mcdonnell damages finding that from 2019 lasting pain limi

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Courts Service · 2022-12-06 · courts

Court of Appeal strikes out appeal over Cork estate proceedings

court of appeal strikes out over cork estate proceedings the ruled it had no jurisdiction to hear patrick clohessy’s because high order arose from its statutory jurisdiction. [2022] ieca 279 has struck an by clohessy, ruling that section 39 courts justice act 1936 barred hearing case. preliminary is

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Courts Service · 2022-12-05 · courts

High Court refuses injunction over Dublin commercial property sale

high court refuses injunction over dublin commercial property sale the refused a bid to restrain purchasers from dealing with property, citing delay and finding no serious question be tried on arguments advanced. it also declined registration authority of ireland. [2022] iehc 698 has paul farrell’s

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Courts Service · 2022-12-05 · courts

Court of Appeal refuses bid to reopen strike-out and confirms proceedings are struck out

court of appeal refuses bid to reopen strike-out and confirms proceedings are struck out the rejected an application revisit its january 2022 judgment, refused a stay pending separate constitutional declined requests for eu references. costs remain outstanding. has piotr skoczylas’s decision strikin

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Courts Service · 2022-12-05 · courts

High Court orders limited Twitter account data disclosure in journalists’ defamation cases

high court orders limited twitter account data disclosure in journalists’ defamation cases the ordered of information and specified login ip addresses for two accounts, while refusing requests concerning another alleged retweets. [2022] iehc 3712 p has international company to provide subscriber app

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Courts Service · 2022-12-02 · courts

High Court sets hearing on Wicklow remediation plan while preserving 2024 deadline

high court sets hearing on wicklow remediation plan while preserving 2024 deadline the listed a to consider plan’s content and said any approval would not affect existing long-stop date of 19 january 2024. [2022] iehc 662 has scheduled county council’s draft for waste site in whitestown, wicklow, co

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Courts Service · 2022-12-02 · courts

High Court says consent orders can apportion liability in personal injury cases

high court says consent orders can apportion liability in personal injury cases the upheld a order limiting plaintiff’s loss-of-earnings claim to €16,960 and set out why such be made under social welfare consolidation act. [2022] iehc 674 has ruled that make apportioning action, including where is s

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Courts Service · 2022-12-02 · courts

Supreme Court rejects State bid to limit unlawful detention damages to nominal sum

supreme court rejects state bid to limit unlawful detention damages nominal sum the dismissed state’s appeal and plaintiff’s cross-appeal, leaving in place a €7,500 award for 26 days of detention. [2022] iesc 51 has rejected seeking sum, while also dismissing higher award. judgment delivered on 2 de

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Courts Service · 2022-12-02 · courts

High Court dismisses constitutional challenge after six-year delay

high court dismisses constitutional challenge after six-year delay the found in prosecuting tom darcy’s to 2013 act was inordinate and inexcusable. it dismissed proceedings, concluding that he did not intend take case trial balance of justice favoured dismissal on these specific facts. [2022] iehc 6

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Courts Service · 2022-12-02 · courts

High Court finds FSPO acted unlawfully in rejecting mortgage complaint extension request

high court finds fspo acted unlawfully in rejecting mortgage complaint extension request the upheld ombudsman’s finding that borrowers ought to have recognised loan’s suitability issues by 2011, but ruled a separate extend deadline was rejected without meaningful consideration. [2022] iehc 678 has f

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Courts Service · 2022-12-02 · courts

High Court awards costs to two applicants and certifies deportation appeal question

high court awards costs to two applicants and certifies deportation appeal question the declined award first applicant because of his conduct, certified one constitutional for stayed its earlier orders pending appeal. [2022] iehc 693 has awarded three in a judicial review decision refusing revoke or

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Courts Service · 2022-12-01 · courts

High Court approves 50/50 liability term in settled golf buggy injury case

high court approves 50/50 liability term in settled golf buggy injury case the accepted a apportionment between an injured hotel employee and her employer after considering counsel’s account of accident likely trial evidence. it did not decide whether consent order qualifies under social welfare rec

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Courts Service · 2022-12-01 · courts

Court of Appeal replaces fully suspended sentence with two years’ custody for money laundering

court of appeal replaces fully suspended sentence with two years’ custody for money laundering the found original deirdre brady’s offences unduly lenient, imposed six-year headline sentences on each count, and ordered a four-year reduction, final year suspended. has replaced brady term, which 12 mon

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Courts Service · 2022-12-01 · courts

Supreme Court to reconsider sentence in historic indecent assault case

supreme court to reconsider sentence in historic indecent assault case the found an error of appeal’s handling and said it would hear further submissions before fixing a replacement sentence. has overturned decision on directed that hearing be arranged consider appropriate not yet resentenced appell

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Courts Service · 2022-12-01 · courts

Court of Appeal dismisses challenge to joint trial in sexual assault case

court of appeal dismisses challenge to joint trial in sexual assault case the found counts involving three complainants could be tried together and that their evidence was admissible across cases. it dismissed against conviction. [2022] ieca 289 has p. p.’s conviction, ruling did not have separately

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Courts Service · 2022-12-01 · courts

High Court allows late amendments to defences in child’s medical negligence case

high court allows late amendments to defences in child’s medical negligence case the defendants may amend their pleadings a six-week trial, after judge found changes necessary identify issues and no prejudice that could not be managed during hearing. [2022] iehc 659 has allowed two doctors action br

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Courts Service · 2022-12-01 · courts

Court of Appeal dismisses challenge to joint trial in sexual assault case

court of appeal dismisses challenge to joint trial in sexual assault case the upheld decision try allegations involving three complainants together, finding counts were a similar character and evidence admissible across them. [2022] ieca 289 has dismissed p. p.’s against conviction, rejecting challe

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Courts Service · 2022-12-01 · courts

Court of Appeal dismisses conviction and sentence appeals in sexual assault case

court of appeal dismisses conviction and sentence appeals in sexual assault case the upheld a jury’s verdict an 18-month sentence, with final three months suspended, after rejecting challenges to both. has dismissed c.s.’s against his for including suspension its months. court, judgment delivered by

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Courts Service · 2022-12-01 · courts

High Court quashes tribunal decision on woman’s firework injury claim

high court quashes tribunal decision on woman’s firework injury claim the found legal errors in how criminal injuries compensation assessed whether offences involving a were crimes of violence. it ordered fresh determination by differently constituted panel. [2022] iehc 679 has quashed rejecting nic

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