Courts Service · 2023-01-31 · courts
high court awards hse costs after rejecting roftek jurisdiction challenge a ruling followed the dismissal of limited’s application to strike out proceedings over an allegedly defective mortuary tent. has 21 days apply amend its summons. [2023] iehc 42 awarded health service executive unsuccessful by
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Courts Service · 2023-01-31 · courts
high court refuses to stay wilson’s hospital school case mr justice brian o’moore rejected enoch burke’s application halt the action while his appeals proceeded, and set out proposed steps towards a trial. [2023] iehc 41 refused an brought by board of management were pending, ruling that should cont
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Courts Service · 2023-01-31 · courts
court of appeal refuses james larkin’s request to review earlier ruling the said he had not shown a fundamental denial constitutional justice and dismissed his application dismissal appeal. [2023] ieca 17 has its april 2022 judgment, finding that identified justice. ruling, delivered electronically
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Courts Service · 2023-01-31 · courts
court of appeal dismisses challenges to mortgage payments counted in welfare means tests the held that statutory disregard is deducted from made by a liable relative calculate reckonable non-cash benefit. it dismissed appeals two claimants; costs remained subject possible further hearing. [2023] iec
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Courts Service · 2023-01-30 · courts
high court strikes out €2bn claim over limerick property dispute the found proceedings bound to fail and an abuse of process, said registered lis pendens would also be vacated because unreasonable delay. [2023] iehc 39 has struck richard farrington’s against a receiver, grant thornton, ulster bank i
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Courts Service · 2023-01-30 · courts
high court refuses bid to reopen 2016 possession order mr justice garrett simons dismissed simon kavanagh’s application set aside a final, unappealed for possession, finding that the arguments repeated issues already decided and did not meet exceptional threshold reopening judgment. [2023] iehc 37 h
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Courts Service · 2023-01-30 · courts
court of appeal dismisses shaun groome’s over 15-year sentence the found no error in sentencing judge’s treatment mitigation, rehabilitation or difference between and his co-accused’s. has dismissed against severity prison for assault causing serious harm, finding how judge handled parity with co-ac
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Courts Service · 2023-01-30 · courts
court of appeal refuses leave for further stay motion in skoczylas case the said a request to correct an alleged clerical error should first follow consent procedure under order 28, while proposed pending cjeu revision application could not proceed by motion. [2023] ieca 13 has refused piotr issue s
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Courts Service · 2023-01-27 · courts
high court amends order adjourning constitutional challenge the corrected wording of an postponing substantive hearing until determines a solicitor’s motion to come off record. it did not decide that or underlying challenge. [2023] iehc 38 amended provisions credit institutions (stabilisation) act 2
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Courts Service · 2023-01-27 · courts
high court quashes permission for 1,614 apartments at former clonliffe seminary the found that planning decision failed to address statutory protections protected structures, heritage-related development-plan rules and concerns about a basement beneath formal green. 2023 iehc 26 has quashed an bord
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Courts Service · 2023-01-27 · courts
high court dismisses bid to restrain receivers over newbridge property the found plaintiffs had not established a fair issue be tried receivers’ appointment. it dismissed their application for an interlocutory injunction and invited further submissions. [2023] iehc 35 john eithne coughlan’s aimed at
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Courts Service · 2023-01-26 · courts
court of appeal rejects cash lodgement condition for juvenile’s bail the dismissed governor’s appeal, holding that act excludes people under 18 from a requirement to lodge part surety in court. [2023] ieca 36 has an by governor oberstown children detention campus, leaving place high order directing
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Courts Service · 2023-01-26 · courts
court of appeal dismisses challenge to two sexual assault convictions the rejected three grounds appeal, including challenges a joint trial and jury’s verdicts. appellant withdrew his sentence appeal. has dismissed j.o’c.’s against for sexually assaulting granddaughter, rejecting trial, decision lea
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Courts Service · 2023-01-26 · courts
court of appeal increases sentence to six years for car seizure and assault case the quashed two sentences imposed in waterford resentenced michael delany after finding errors principle. it 12 months violent disorder unlawful seizure, with final year suspended. has principle a car. months’ imprisonm
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Courts Service · 2023-01-26 · courts
court of appeal quashes waterford sentences as unduly lenient and resentences man the replaced for trespass with a weapon, aggravated burglary drug possession an aggregate term six years months. has quashed imposed in circuit criminal on david foley after finding overall lenient, resentenced him to
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Courts Service · 2023-01-26 · courts
high court imposes €700 daily fine if enoch burke does not purge contempt the found that wilfully breached an existing injunction by attending wilson’s hospital school on three january dates. was conditional, with compliance and costs to be reviewed at a later hearing. [2023] iehc 36 5, 6 9 2023, or
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Courts Service · 2023-01-25 · courts
court of appeal rules zurich policy did not cover recycling worker’s injury claim the allowed zurich’s appeal, set aside high order requiring it to indemnify urban and rural recycling, concluded that company’s liability was compulsorily insurable under road traffic acts or covered by exclusion. [202
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Courts Service · 2023-01-25 · courts
high court declines to reopen divorce issues as it prepares final orders in a supplementary judgment, the ruled that ordinary share-price movement did not justify revisiting its earlier decision, while directing mr swear an affidavit on his job title and pension valuation before are made. [2023] ieh
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Courts Service · 2023-01-24 · courts
high court orders ossory estate company to register unit buyer as member the directed changes company’s membership after finding was entitled owner of units in industrial estate. third respondent’s and costs were left for a further hearing. [2023] iehc 34 has ordered orlington limited by guarantee r
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Courts Service · 2023-01-24 · courts
high court rejects solicitor’s bid for costs after failed emissions licence challenge the refused michelle hayes’ application her legal she lost to an epa irish cement. it said had used time on unpleaded issues, but no order was made against in this judgment. [2023] iehc 28 court, commercial has sol
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Courts Service · 2023-01-24 · courts
court of appeal makes no costs order in children’s relocation the said issue must be reheard high and left that earlier hearing for to determine family proceedings. [2023] ieca 7 has made as an arising from a mother’s application relocate parties’ adolescent children third jurisdiction. it should de
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Courts Service · 2023-01-23 · courts
circuit court stays fastway data breach claim pending eu rulings judge john o’connor paused gary cunniam’s compensation proceedings while the cjeu considers gdpr questions that may affect claim. court, dublin county of city has stayed a man’s against three courier companies over 2021 breach, by just
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Courts Service · 2023-01-23 · courts
court of appeal dismisses john kane’s challenge to receivership over cavan property the said kane could not use his raise new arguments after he did participate in high hearing that found him be property’s beneficial owner. [2023] ieca 15 has dismissed concerning a receiver appointed former licensed
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Courts Service · 2023-01-23 · courts
high court refuses to hear settlement defence as a preliminary issue the said disputed facts about personal injury and plaintiff’s understanding of its terms require oral evidence at full hearing. [2023] iehc 27 has refused an application decide in advance whether claim was barred by agreement, dire
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Courts Service · 2023-01-23 · courts
court of appeal dismisses lens media over clondalkin park injunction the upheld a temporary order preventing from excluding its proposed joint venture partners while their rights under two memoranda understanding are determined at trial. [2023] ieca 10 has dismissed limited’s against an interlocutor
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Courts Service · 2023-01-20 · courts
high court awards hotel case defendants 95% of costs, including senior counsel the ruled that had succeeded on their security for costs motions and ordered to be adjudicated if parties could not agree. [2023] iehc 23 court, commercial has awarded after ruling they were successful in requiring james
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Courts Service · 2023-01-20 · courts
bus éireann liable after driver assaulted through open safety screen the high court found company failed to communicate and enforce its policy, while attributing 15% contributory negligence driver. it awarded €75,000 plus special damages, discounted by 15%; costs remained subject possible further su
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Courts Service · 2023-01-20 · courts
high court blocks mylan launch of generic janumet before spc expiry the granted msd an interlocutory injunction pending trial or certificate on 7 april 2023, while leaving certificate’s validity for substantive proceedings. [2023] iehc 24 court, commercial has temporarily restrained companies from m
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Courts Service · 2023-01-20 · courts
court of appeal orders neil maloney to pay costs unsuccessful motion the ruled on after refusing his application speak for father, oliver moloney, in appeal. [2023] ieca 8 has ordered pepper finance corporation (ireland) dac’s an include company’s expense preparing its written submission and are be
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Courts Service · 2023-01-20 · courts
court of appeal dismisses dpp review sentences in baby’s death case the upheld three years and months on each count, with final suspended, after finding no error trial judge’s approach. has dismissed a sentence brought by director public prosecutions over woman’s convictions for gross-negligence man
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Courts Service · 2023-01-20 · courts
court of appeal refuses to adjourn balford over alleged fraud claims the rejected construction’s request pause its while a separate claim proceeds, but ordered release hearing audio recording, subject limits on using it seek delay. [2023] ieca 50 has refused construction limited’s against high judgm
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Courts Service · 2023-01-19 · courts
high court grants leave to challenge meath quarry restoration permission the allowed an environmental group bring judicial review grounds against bord pleanála’s permission, but did not decide whether those succeed or order work at site stop. [2023] iehc 19 has granted eco advocacy clg pursue 14 of
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Courts Service · 2023-01-19 · courts
high court refuses appeal certificate in monkstown planning case the declined an bord pleanála’s request to a judgment that quashed permission for housing development at dalguise house. 2023 iehc 9 has refused pleanála quashing strategic house, monkstown. delivered on 19 january 2023, mr justice dav
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Courts Service · 2023-01-19 · courts
supreme court dismisses appeal over sentence for serious assault the upheld a four-year with final three years suspended, finding that assault’s lasting effects required custodial term despite offender’s compensation offer and mitigating circumstances. [2023] iesc 1 of ireland has dismissed an again
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Courts Service · 2023-01-19 · courts
supreme court warns against using victim payments to reduce sentences for serious assaults the said an inadequate sentence a random assault causing catastrophic brain injury had stand because prosecution not appealed. [2023] iesc 1 of ireland has warned that money offered must never determine crimin
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Courts Service · 2023-01-19 · courts
high court orders surrender to france after rejecting seven objections the directed under a european arrest warrant serve six-year sentence, finding none of respondent’s barred it. [2023] iehc 29 ireland has ordered abderrahman yahiaoui warrant, his surrender. mr justice david keane made order secti
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Courts Service · 2023-01-18 · courts
high court refuses bid to strike out kearney’s fraud claim against davy defendants the held that should proceed an oral hearing because it could not rule further evidence emerging at trial or through discovery. [2023] iehc 18 court, commercial has refused application by 15 patrick kearney and kilmon
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Courts Service · 2023-01-18 · courts
court of appeal dismisses challenge to refusal judicial review leave the found no error in high court’s let michael leahy a circuit order dismissing his 2020 action against tippo international and its solicitors. [2023] ieca 6 has dismissed leahy’s decision refusing him seek that limited anderson &
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Courts Service · 2023-01-17 · courts
high court allows next friend to join judicial review as applicant the amendment adds mr u. an without changing grounds or relief sought. left costs and final orders for later submissions. [2023] iehc 30 has allowed u., of a minor applicant, be added in against minister justice. does not change case
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Courts Service · 2023-01-17 · courts
high court upholds rejection of £1.4m claim for non-legal litigation services the confirmed legal costs adjudicator’s decision that banking and consultancy input used to prepare a case was not recoverable as party-and-party costs. [2023] iehc 33 has upheld disallowing 26 invoices totalling £1,412,59
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Courts Service · 2023-01-17 · courts
high court limits dublin roadworks discovery to five years before cyclist’s crash the directed city council make of records about works near a accident site, after parties supplied an agreed description location and deponent’s name. [2023] iehc 21 has site 2014 crash, limiting period covered acciden
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Courts Service · 2023-01-17 · courts
high court refuses interim injunction to halt teacher’s disciplinary process the found a strong case that flaws in school’s could make it irreparably unfair, but refused requested relief because teacher said he would continue breaching existing orders. [2023] iehc 22 enoch burke’s application for in
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Courts Service · 2023-01-17 · courts
high court strikes out two mullaney claims and vacates roscommon land notices the struck a 2014 loan dispute 2021 constitutional claim, while declining to decide bank’s separate want-of-prosecution request. [2023] iehc 62 plenary brought by thomas against danske bank other defendants, refused his mo
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Courts Service · 2023-01-17 · courts
high court orders five months of post-accident medical records in injury claim the granted a defendant’s discovery application for covering after accident, finding them relevant and necessary to claim. judgment did not determine liability or damages. [2023] iehc 16 has ordered james egan provide cas
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Courts Service · 2023-01-17 · courts
high court refuses challenge to residence card revocation over marriage of convenience finding the held that minister could rely on applicant’s 2013 employment documents and other evidence when deciding revoke his card. it refused certiorari; costs final orders remained for later submissions. [2023]
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Courts Service · 2023-01-16 · courts
high court orders each side to bear its own costs after taxi licence dispute becomes moot the said was granted judicial review proceedings began, but ruled applicant acted precipitously by not first responding a proposed refusal notice. [2023] iehc 12 has ordered legal in that became driver’s grante
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Courts Service · 2023-01-16 · courts
high court proposes renewed execution leave in wexford possession case the found lender had reasonably explained delay and that no prejudice been asserted, but left a possible stay costs for later hearing. [2023] iehc 11 said it would grant start mortgages dac to issue of 2010 order property county
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Courts Service · 2023-01-16 · courts
high court rejects grandmother’s challenge to decisions on access four grandchildren the refused leave several district orders as late or moot, and rejected substantive a 2020 circuit decision. it made no order granting access. [2023] iehc 17 has judicial review about her who have been in care of ch
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Courts Service · 2023-01-16 · courts
court of appeal reduces sentence for ballinamore assault to three years the upheld a four-and-a-half-year headline but found reduction mitigation was insufficient. it resentenced appellant years, with final six months suspended on stated conditions. reduced kevin mccabe’s causing harm from and nine
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Courts Service · 2023-01-16 · courts
court of appeal dismisses challenge to conviction in sexual abuse case the rejected claims that gaps garda investigation made trial unfair, finding proposed witness evidence was speculative and related collateral matters. has dismissed r.c.’s against his on 72 counts offences, alleged did not make u
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Courts Service · 2023-01-15 · courts
high court refuses injunction against depot medication for detained patient the found that immediate risks of withholding treatment outweighed asserted risk unlawful while patient’s legal challenge proceeds. ruling addressed interim relief only. [2023] iehc 20 has refused an application to continue
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Courts Service · 2023-01-13 · courts
court of appeal increases sentence for impeding murder investigation the quashed a four-year and substituted six years, with final 18 months suspended subject to probation service supervision. has increased lorcan merriman’s apprehension person who murdered thomas farnan, quashing imposed by central
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Courts Service · 2023-01-12 · courts
high court grants judicial separation after finding false financial statements the said husband’s use of company funds and inaccurate disclosures affected its assessment couple’s resources. it granted decree outlined proposed custody orders, subject to further consideration access arrangements. [202
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Courts Service · 2023-01-12 · courts
court of appeal overturns preliminary hearings in four newspaper defamation cases the found a factual dispute over whether articles accurately reflected district proceedings, leaving that issue for trial process. it did not decide were defamatory or privileged. [2023] ieca 1 has allowed kevin tracey
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Courts Service · 2023-01-12 · courts
high court orders equal share of family assets in divorce, subject to caveats a judge granted divorce and ordered clean-break financial settlement, including transfer the home wife. amount payment schedule remained be settled draft order. [2023] iehc 375 has husband pay his wife half value assets, s
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Courts Service · 2023-01-12 · courts
three transferred prisoners awarded €2,500 each over unlawful detention the high court found that defective transfer warrants left men unlawfully detained in portlaoise prison. it €2,500, taking account of their unchallenged english sentences and time they had already served. [2023] iehc 13 who were
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Courts Service · 2023-01-11 · courts
high court quashes retrospective residence revocation that put child’s irish citizenship in question the ruled justice minister had treated as automatic, without assessing proportionality or interests affected. it did not stop from continuing process under lawful procedures. [2023] iehc 1 has quashe
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Courts Service · 2023-01-11 · courts
high court recognises imprisoned man’s decision to refuse food and treatment the found anonymised defendant had capacity medical treatment, while requiring ongoing clinical monitoring allowing transfer for palliative or end-of-life care in line with his wishes. [2023] iehc 488 has recognised an food
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Courts Service · 2023-01-11 · courts
high court dismisses horse fall injury claim against equestrian centre and university of limerick the found that mocha’s buck contributed to rider’s but neither defendant was legally responsible. judge left costs for a separate hearing criticised failures in record keeping, accident investigation di
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Courts Service · 2023-01-11 · courts
high court finds carlow burglary sentencing unfair after accused denied time to speak with counsel [2023] iehc 8 the has ruled that a three-year prison sentence imposed on john connors for followed an hearing because his barrister was refused him beforehand. had pleaded guilty at circuit criminal in
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Courts Service · 2023-01-11 · courts
high court quashes part of ombudsman decision and awards applicants 60% costs the set aside refusal to extend time for a complaint sent that issue back new maker. it dismissed rest judicial review. [2023] iehc 2 quashed by financial services pensions (fspo) concerning joseph baynes ann baynes, order
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Courts Service · 2023-01-11 · courts
high court dismisses mortgage enforcement claim as statute-barred the ruled that €130,000 overdraft was due in 2008 without a formal demand, more than two years before first borrower died. [2023] iehc 7 has dismissed promontoria (oyster) dac’s to enforce an equitable over commercial property littlet
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Courts Service · 2023-01-11 · courts
high court quashes zimbabwe protection appeal decision over credibility errors the found that tribunal assessed before considering relevant country information and relied on a fundamental factual error. it sent back for reconsideration by differently constituted division. [2023] iehc 6 has set aside
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Courts Service · 2023-01-11 · courts
high court refuses to halt historic indecent assault prosecution over delay and memory concerns [2023] iehc 3 the has refused stop of a 75-year-old man on five charges arising from alleged incidents dating 1980s. applicant, identified only as f., sought judicial review preventing his trial basis del
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Courts Service · 2023-01-05 · courts
court of appeal rejects lithuanian man's bid to halt surrender from cloverhill prison [2023] ieca 2 the has rejected an attempt by citizen danas kairys his lithuania on basis claimed permanent residence rights in ireland. authorities sought kairys's return serve outstanding balance a three-year and
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