Courts Service · 2023-03-31 · courts
supreme court dismisses rape conviction appeal despite garda failure to gather witness evidence the found that gardaí failed seek out and preserve from two people who accompanied complainant station. it ruled did not make trial unfair in this case dismissed s.q.’s appeal. [2023] iesc 8 has against h
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Courts Service · 2023-03-31 · courts
high court refuses to dismiss valuation negligence claim over delay the found plaintiff’s inordinate and inexcusable but ruled that defendant had not shown letting proceed would cause real tangible injustice. [2023] iehc 170 has refused mark conan’s against sherry fitzgerald (commercial) limited a 2
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Courts Service · 2023-03-31 · courts
high court says gardaí need not explain blood-or-urine test consequences in an appeal by way of case stated, the answered two questions about warnings and legal advice. it left district conviction’s evidential basis dependent on what trial judge relied on. [2023] iehc 260 has ruled that were require
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Courts Service · 2023-03-31 · courts
court of appeal allows promontoria appeals over future lending secured by registered liens the held that, if agreed parties, under section 73 could secure advances made after 31 december 2009. it set aside high judgment in fox proceedings and proposed an order on costs. [2023] ieca 76 has allowed tw
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Courts Service · 2023-03-31 · courts
high court sets aside proceedings against spain-based surgeon for want of jurisdiction the ruled that claims over a 2013 road crash and surgeries in barcelona 2018 were too distinct to establish irish under eu rule relied on by plaintiff. [2023] iehc 169 has set struck out surgeon, ruling plaintiff
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Courts Service · 2023-03-31 · courts
court of appeal finds 23-month delay in residence-card review was unreasonable the allowed raymond holland’s and proposed a declaration that minister took an inordinate time to decide his stepdaughter’s review. it did not rule on separate eu-law claims. [2023] ieca 73 found almost wait for decision
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Courts Service · 2023-03-31 · courts
high court refuses receiver’s bid to evict man from disputed laois farmland the declined order vacant possession before trial, finding that defendant had set out a particularised fraud defence supported by some evidence. it made no final ruling on ownership or fraud. [2023] iehc 166 has refused an a
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Courts Service · 2023-03-31 · courts
high court upholds conviction over failure to provide blood or urine specimen a case stated appeal challenged whether district judge was correct in law convict man who left garda station without providing either specimen. the answered yes. [2023] iehc 168 has upheld of philip casserly for failing co
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Courts Service · 2023-03-31 · courts
charleton dissents on order requiring action after 1979 seanad referendum in a partial dissent supreme court appeal, mr justice peter said the enabled changes to university representation but did not require them. he argued that government should respond and oireachtas debate issue. [2022] iesc 7 ha
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Courts Service · 2023-03-31 · courts
appeals dismissed, but aib judgment reduced by €14,953 after interest waiver the court of appeal left one high unchanged and other lenders confirmed surcharge had been charged waived it. borrower also received costs for four appearances. [2023] ieca 75 dismissed elaine heffernan’s against summary ju
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Courts Service · 2023-03-31 · courts
court of appeal dismisses challenge over stepdaughter’s residence card refusal the held that dependency had to be assessed at time she joined eu citizen, including whether was dependent in country came from. it did not decide evidence support ireland sufficient. [2023] ieca 74 has dismissed raymond
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Courts Service · 2023-03-31 · courts
supreme court says seanad university franchise must be extended the allowed tomás heneghan’s appeal, declared key provisions of 1937 act unconstitutional and suspended that declaration initially until 31 july 2023. [2023] iesc 7 appeal ruled oireachtas has a constitutional obligation to revise exten
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Courts Service · 2023-03-31 · courts
high court grants limited injunction in receiver’s property dispute the ordered protections for a receiver pursuing mortgage security, but declined to order possession or sale while an issue about earlier remains unresolved. [2023] iehc 167 has granted interlocutory relief over mortgaged co galway,
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Courts Service · 2023-03-31 · courts
court of appeal dismisses mark crawford’s murder conviction the rejected challenges to trial judge’s directions on self-defence and jury’s treatment account. his life sentence remain in place. has dismissed against for murdering patrick o’connor at fitzgerald’s bar limerick july 2018. all grounds le
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Courts Service · 2023-03-31 · courts
high court sends solicitor’s €381,277 costs claim to plenary hearing the defendants may defend generally and can seek adjudication of legal within three months. made no finding on liability or disputed agreement involving moralltach ltd. [2023] iehc 156 has sent a €381,277.43 against stephen marina
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Courts Service · 2023-03-30 · courts
court of appeal dismisses challenge over three-year delay in property proceedings the upheld orders striking out kehoes’ and vacating a lis pendens, finding their explanations for failing to serve summons inadequate. [2023] ieca 72 has dismissed declan una kehoe’s against loans receivership, pendens
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Courts Service · 2023-03-30 · courts
supreme court says irish law does not require refusal of recognition for colorado adoption after surrogacy the answered a public-policy case stated concerning stepparent adoption. it said authority may recognise and enter in register intercountry adoptions, while stressing that this enforce agreemen
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Courts Service · 2023-03-30 · courts
court of appeal orders discovery statements in inquiry into baby’s death the allowed parents’ after finding that hospital had not provided evidence to support its claim were confidential. [2023] ieca 78 appeal, civil has ordered discover gathered during an a baby, was brought by cliona o’keeffe and
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Courts Service · 2023-03-30 · courts
supreme court rejects appeal over recognition of colorado adoption after surrogacy the held that no existing public policy barred entry twins’ stepparent on ireland’s intercountry register. [2023] iesc 6 ireland has dismissed an by authority and affirmed a high decision order for twins could be reco
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Courts Service · 2023-03-30 · courts
court of appeal dismisses challenge to 12½-year sentence for prolonged abuse the found no error in sentencing judge’s approach convictions, consecutive terms, totality or mitigation. final two years had been suspended. has dismissed an against severity a prison imposed on man convicted coercive cont
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Courts Service · 2023-03-30 · courts
high court restricts solicitor to supervised practice after repeated undertaking failures the adopted disciplinary tribunal’s recommended restriction was released from a long-outstanding undertaking; ancillary orders were deferred. [2023] iehc 165 has ordered christopher b. walsh not practise as sol
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Courts Service · 2023-03-30 · courts
high court refuses contractor’s bid to strike out courtown development claim the found plaintiff had delayed in pursuing case but held contractor not shown even moderate prejudice. action against it may proceed; final orders and costs remained be addressed. [2023] iehc 163 has refused a application
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Courts Service · 2023-03-30 · courts
high court refuses contractor’s bid to strike out skipper’s bar damage claim mr justice barr found the plaintiff’s nine-year delay in progressing case was inordinate and inexcusable, but ruled that balance of favoured allowing it proceed. [2023] iehc 164 has refused a application over alleged courto
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Courts Service · 2023-03-30 · courts
court of appeal reduces sentence for historical child sexual abuse the quashed circuit sentences and imposed concurrent terms three offences in first period, while keeping later-period consecutive to first. appellant must serve four years eight months. [2023] ieca [not stated source] has reduced a m
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Courts Service · 2023-03-29 · courts
dublin circuit court dismisses appeal over disclosure of pension data to bankruptcy trustees the found no serious error in protection commissioner’s decision that irish life had a legitimate interest disclosing information handling voluntary bankruptcy. court, circuit, county city has dismissed an b
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Courts Service · 2023-03-29 · courts
court of appeal quashes childminder’s sexual offence convictions after finding evidence too infirm for jury the allowed an complainant answered “no” when asked whether he recalled central alleged acts. it did not decide separate application to stop trial as unfair. has quashed anonymised childminder
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Courts Service · 2023-03-29 · courts
high court leaves refusal of rural house planning permission in place despite two legal errors the found an bord pleanála misapplied policy and relied on earlier land restrictions, but held that a separate finding excessive development density independently supported its decision. [2023] iehc 345 ha
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Courts Service · 2023-03-29 · courts
high court awards official assignee costs of opposing bankrupt’s application the ruling followed an earlier decision extending kenneth joyce’s bankruptcy and dismissing his for relief. [2023] iehc 158 court, ordered that assignee’s be paid in bankruptcy, treating them as incurred connection with suc
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Courts Service · 2023-03-29 · courts
high court gives homeowner time to amend claim before deciding lis pendens the stayed proceedings until 4 may 2023, allowing plaintiff seek leave her statement of claim. it did not vacate at this stage. [2023] iehc 162 2023 give a permission in dispute over four properties and pendens. decide amendm
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Courts Service · 2023-03-29 · courts
court of appeal allows biogen over generic ms drug injunction the said an should restrain planned launch a dimethyl fumarate product while biogen’s divisional patent remains in force, but upheld decision to discharge earlier order made without respondents present. [2023] ieca 71 has allowed against
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Courts Service · 2023-03-28 · courts
high court grants lender fresh leave to execute possession order, with two-month stay the allowed start mortgages dac issue execution of a 2011 order after finding reasonable explanation for delay and no prejudice defendants. [2023] iehc 155 has granted concerning property in county clare, while imp
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Courts Service · 2023-03-28 · courts
high court upholds solar project option agreement and orders access to wexford lands the declared a revised valid restrained landowner from interfering with access. it left damages some further relief for later stage. [2023] iehc 172 has ruled that proposed park in county remains binding, developer’
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Courts Service · 2023-03-28 · courts
high court refuses to reopen reid’s intel planning challenge but allows amendment in separate case the dismissed a bid concluded 2020 judicial review, permitted an additional eia ground 2021 proceedings and refused leave fresh 2022 challenge. [2023] iehc 154 has thomas application review he lost ove
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Courts Service · 2023-03-28 · courts
court of appeal dismisses over teenager’s three-year sentence for serious assault the found detention was within available range and identified no error in principle. appeal; dublin circuit criminal (sentencing court) has dismissed reece lambert’s against severity a three-year-and-two-month an commi
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Courts Service · 2023-03-27 · courts
court of appeal replaces fully suspended sentence with two years’ imprisonment the ruled that for sexual assault a child was unduly lenient and required actual custody, while suspending final six months. has quashed four-year imposed resentenced offender to imprisonment, months suspended. in judgmen
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Courts Service · 2023-03-27 · courts
high court orders surrender to poland over 12 offences the rejected objections surrender, including a challenge concerning polish sentence imposed when respondent was absent from hearing. [2023] iehc 466 has ordered of man under european arrest warrant seeking enforcement three prison sentences for
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Courts Service · 2023-03-27 · courts
court of appeal awards plaintiff 80% costs after reducing damages the had rejected dunnes stores’ on liability but reduced gunta kadege’s by €20,000. it directed that she receive and her full high hearing costs, based revised award. [2023] ieca 69 has awarded kadege rejecting challenge to from €160,
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Courts Service · 2023-03-27 · courts
high court grants limited leave to challenge refusal of private summonses the allowed one judicial review ground proceed, while refusing applicant’s other requested relief and a bid amend his grounds. underlying remains undecided. [2023] iehc 142 has granted g. seek district decision issue criminal
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Courts Service · 2023-03-24 · courts
court of appeal dismisses graham dwyer’s challenge to murder conviction the rejected grounds concerning garda interviews, trial fairness, a directed acquittal and retained phone records, found safe. has dismissed against his 2015 for elaine o’hara, finding that was fair verdict in judgment delivered
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Courts Service · 2023-03-24 · courts
high court orders surrender to netherlands after rejecting absence-at-appeal objection the found respondent had been informed in person of appeal date and could not rely on his account why he missed hearing bar surrender. [2023] iehc 423 has ordered michal zbigniew ewertowski netherlands, that which
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Courts Service · 2023-03-24 · courts
high court orders eamonn carthy to answer selected particulars in case against fieldfisher the directed replies specified questions about allegations statement of claim, allowing eight weeks. it rejected or limited other requests, including seeking evidence mr carthy’s intended position at trial. [2
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Courts Service · 2023-03-24 · courts
high court refuses byrne leave to sue nama over loans and property sales the found his proposed claim was out of time an abuse process, ordered him obtain permission before taking further steps in two existing cases or starting proceedings against entities. [2023] iehc 151 has refused vincent bring
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Courts Service · 2023-03-24 · courts
high court to consider eu questions over bat surveys for ballincollig apartment scheme the proposed referring about environmental screening and protected bats court. it did not quash planning permission or make a final reference order at this stage. [2023] iehc 146 has said will in principle refer o
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Courts Service · 2023-03-24 · courts
court of appeal dismisses murder conviction over infant’s death the rejected challenges to admission post-mortem evidence and expert testimony. 2018 life sentence remain in place. has dismissed john tighe’s against his for murdering six-month-old son, finding no basis overturn trial judge’s decision
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Courts Service · 2023-03-24 · courts
court of appeal dismisses right to know challenge environmental information request rule the upheld requirement identify an aie as a permissible practical arrangement, and found organisation should have used statutory route. [2023] ieca 68 has dismissed clg’s over requiring people seeking state that
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Courts Service · 2023-03-23 · courts
dublin court grants lamplighter music licence with 85-decibel limit the district allowed and singing on specified evenings, subject to a sound limiter other conditions. it said evidence did not establish that applicant was unfit hold licence. [2023] iedc 1 metropolitan court, granted wondervale limi
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Courts Service · 2023-03-23 · courts
high court rules pension scheme trustees still hold south african company shares the found that an attempted transfer and subsequent wind-up did not divest of a 30% shareholding. form order legal costs were left for later mention. [2023] iehc 148 has ruled meadowvale continue to shareholding in comp
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Courts Service · 2023-03-23 · courts
high court strikes out four cases over dingle pier dispute, declines filing restriction the proceedings against state figures were dismissed as bound to fail and an abuse of process. judge did not make isaac wunder order, which would have restricted future filings. [2023] iehc 190 has struck brought
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Courts Service · 2023-03-23 · courts
high court refuses maurice kiely’s application to compel u2 answer interrogatories the refused request on procedural grounds and found 16 questions inappropriate, including because several concerned matters within own knowledge. [2023] iehc 153 has d. limited in his copyright dispute over song “a ma
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Courts Service · 2023-03-23 · courts
high court rejects parents’ claim to work through infant asylum applicant the dismissed a judicial review challenging refusals of labour market access, finding that had no right his parents could exercise or derive. [2023] iehc 141 family’s challenge decisions refusing permission while their child’s
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Courts Service · 2023-03-22 · courts
epuk ordered to pay costs after two judicial reviews dismissed the high court ruled that environmental protection did not apply and declined depart from usual rule follow event. it also deferred finalising order for weeks allow brief submissions on of hearing. 2023 iehc 138 has investments limited f
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Courts Service · 2023-03-22 · courts
court of appeal orders appellant to pay costs after unsuccessful disciplinary hearing the dismissed declan o’callaghan’s in january and ruled march that solicitors tribunal was entitled its costs. [2023] ieca 64 has ordered o’callaghan tribunal’s defending his over adjournment a statutory hearing. r
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Courts Service · 2023-03-22 · courts
high court refuses security for costs in pasrm shareholder dispute the found that respondents had a prima facie defence to shareholder’s oppression claim, but said special circumstances weighed against ordering security. underlying claim remains trial. [2023] iehc 149 has refused an application by p
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Courts Service · 2023-03-22 · courts
high court declines to amend judgment in judicial review over anonymisation order the said applicant’s concerns should be dealt with at substantive hearing or through an appeal, and left its earlier decision unchanged. [2023] iehc 139 has refused request a granting him leave challenge refusal of rel
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Courts Service · 2023-03-22 · courts
court of appeal refuses environmental group’s request to refer legal aid questions eu the said proposed would not affect as argued and require a new case against party that had been heard on those issues. [2023] ieca 63 has refused friends irish environment clg’s application about for corporate bodi
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Courts Service · 2023-03-22 · courts
high court orders defendant to pay costs after refusing bid set aside 2016 judgment the refused first named defendant’s motion and awarded start mortgages its costs, finding no reason depart from usual rule for a successful party. [2023] iehc 140 has ordered dac’s of application. in supplemental on
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Courts Service · 2023-03-22 · courts
high court refuses father’s bid to return daughter slovakia the found family had moved ireland together, father consented move and later acquiesced in child remaining there. [2023] iehc 150 court, law has refused a application for an order returning his slovakia, finding that together was habitually
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Courts Service · 2023-03-21 · courts
court of appeal quashes conviction after finding child’s memory loss made cross-examination futile the found a real risk an unfair trial in particular circumstances, while stressing that its ruling sets no general time limit for child-witness cases. [2023] ieca 65 has quashed m.t.’s sexual assault,
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Courts Service · 2023-03-21 · courts
high court allows new bias ground in castleknock planning challenge the amendment lets applicant raise an allegation about a board member’s participation granting permission. did not decide whether is true or permission valid. [2023] iehc 136 has allowed to add objective-bias his for co-living accom
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Courts Service · 2023-03-21 · courts
high court pauses teacher’s disciplinary process over serious concerns about report the found a fair issue to be tried whether school principal’s was prejudicial and unbalanced, restrained from continuing pending proceedings. [2023] iehc 302 has school’s against an anonymised teacher determination o
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Courts Service · 2023-03-21 · courts
high court declines inquiry into m.w.’s hospital detention stack j. found no grounds to question the lawfulness of after reviewing a mental health tribunal decision that affirmed admission order. [2023] iehc 147 has declined order an anonymised patient at st. stephen’s hospital, finding for concern
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Courts Service · 2023-03-21 · courts
high court sends irish citizen’s husband’s visa appeal back for reconsideration the found minister’s decision-maker wrongly discounted communication records in full, but made no finding on whether couple’s relationship justified a visa. [2023] iehc 291 has quashed decision refusing kenyan long-stay
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Courts Service · 2023-03-21 · courts
high court approves part of whitestown dump remediation plan, leaves further removal unresolved the approved planned waste in zones a to c and ecological measures, but adjourned proposals leave material d g use on-site infill. existing 19 january 2024 long-stop date remains place. [2023] iehc 137 ha
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Courts Service · 2023-03-21 · courts
court of appeal replaces fully suspended money laundering sentence with 18 months, six the upheld three-year headline but ruled that suspending all months imposed after mitigation was unduly lenient. it resentenced respondent a dpp appeal. [2023] ieca 66 has man convicted eight sample counts launder
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Courts Service · 2023-03-20 · courts
supreme court declares quirke computer seizure unlawful, leaves consequences open the ruled that warrant authorised a physical search but not of computers for digital examination. it has yet to decide what follows from ruling. [2023] iesc 5 declared unlawful devices patrick quirke’s home during inve
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Courts Service · 2023-03-20 · courts
court of appeal dismisses against four-year sentence for sexual assault the found no sentencing error and upheld term, with an earlier rape count taken into consideration. has dismissed severity a prison imposed assault, finding proportionate just in circumstances. appellant, identified judgment as
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Courts Service · 2023-03-20 · courts
court of appeal orders father to pay costs after unsuccessful family law appeals the awarded mother her in two over child-related orders, citing appeals’ effect on pending divorce proceedings. it made no order for specific grounds concerning a further that was not legally maintainable. [2023] ieca 6
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Courts Service · 2023-03-16 · courts
high court allows cross-examination in salmon farm water-quality challenge the interlocutory ruling permits watch to question two experts about whether modelling for a proposed bantry bay properly used “typical” nitrogen levels worst-case assessment. it does not decide licence. [2023] iehc 129 has a
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Courts Service · 2023-03-16 · courts
court of appeal rejects taxi licence competition claims the upheld high court’s dismissal law over historic limits on licences, finding that councils exercised public powers in administering licensing regime. [2023] ieca 61 has dismissed appeals brought by alphonsus muldoon and mary kelly former reg
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Courts Service · 2023-03-16 · courts
court of appeal dismisses damien murphy’s challenge over doctor’s insurance report the upheld high court’s dismissal claims against occupational health physician robert ryan, finding no basis to overturn decision. it also set out an indicative order that murphy pay ryan’s costs, subject a 14-day opp
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Courts Service · 2023-03-16 · courts
high court allows tolan to amend negligence claim against former solicitors the amendments may add allegations about advice plead malicious falsehood, but take effect only when delivered. made no finding on or what instructions gave. [2023] iehc 130 has allowed finbar his that they negligently faile
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Courts Service · 2023-03-16 · courts
high court restricts further litigation by former decobake directors the granted applications company’s liquidator and dublin city council for isaac wunder orders, requiring paul margaret coyle to obtain permission before bringing covered proceedings. [2023] iehc 231 has ordered its proceedings with
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Courts Service · 2023-03-16 · courts
appeal court rules latzur receiver was appointed under floating charge the of held that over latzur’s assets did not become fixed before receiver’s appointment, rejecting three earlier crystallisation dates argued by chelsey investissements. [2023] ieca 60 {'name': 'court appeal', 'division': 'civil
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Courts Service · 2023-03-16 · courts
high court awards school costs and fixes burke’s fines at €23,800 the ordered enoch burke to pay wilson’s hospital school’s for two motions set out enforcement arrangements arising from his continued breach of a order. [2023] iehc 144 has board management fixed accrued by 1 march 2023 in judgment de
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Courts Service · 2023-03-16 · courts
high court refuses extension for late appeal against labour decision the found no good or sufficient reason to extend deadline, and said proposed disclosed arguable ground. it left final order costs agreement further submissions. [2023] iehc 143 has refused catherine (otherwise máire) aherne’s appli
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Courts Service · 2023-03-15 · courts
court of appeal quashes convictions over admission made during arrest the ruled that remarks attributed to jean louis fancony should have been excluded, citing concerns about his mental state. it will hear parties on whether there be a retrial. has quashed fancony’s for causing serious harm and prod
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Courts Service · 2023-03-15 · courts
court of appeal orders anglers to pay inland fisheries ireland’s costs the said appellants had been unsuccessful in their and ordered them jointly severally respondent’s costs, including submissions on costs. [2023] ieca 58 has peadar ó’baoill, john gerard boyle appeal, three are liable, with amount
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Courts Service · 2023-03-14 · courts
high court charges three wicklow and dublin homes against €19.9m judgment debt the made well-charging orders in proceedings brought by ulster bank, ordered brian mcdonagh’s property sold subject to further inquiries, adjourned sale-related relief his brothers. [2023] iehc 135 court, commercial has c
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Courts Service · 2023-03-14 · courts
court of appeal dismisses mylan over janumet injunction the upheld an interim order restraining from marketing a sitagliptin and metformin generic while validity merck’s supplementary protection certificate remains for trial. [2023] ieca 111 ireland has dismissed mylan’s against interlocutory protec
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Courts Service · 2023-03-14 · courts
hse awarded full costs after losing tender challenge; ias gets limited the high court declined to reduce hse’s and notice party’s award joining, affidavit transcript costs. [2023] iehc 133 court, commercial has ordered sere holding pay health service executive’s dismissing sere’s challenge an air am
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Courts Service · 2023-03-14 · courts
court of appeal sets aside €6.26m contempt fine in landfill case the left an unappealed declaration place but found later orders disproportionate and procedurally flawed, remitting matter to high for a fresh decision. [2023] ieca 55 has set €6.26 million related asset restrictions imposed on eileen
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Courts Service · 2023-03-14 · courts
high court refuses contempt and discovery requests but increases maintenance mr justice max barrett rejected ms a’s motion for further disclosure, while varying the circuit order restricting dealings with a pension fund pending payment of arrears. [2023] iehc 160 refused to have found in obtain fina
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Courts Service · 2023-03-14 · courts
high court grants leave to challenge refusal anonymise pending prosecution the allowed a judicial review proceed, stayed district and refused interim anonymisation relief. it made no final ruling on whether criminal case should be anonymised. [2023] iehc 134 has an proceed review, while stopping sho
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Courts Service · 2023-03-14 · courts
high court rejects claim that breast lump was cancer missed months before diagnosis the found may 2017 probably a cyst and plaintiff had not proved it tumour diagnosed in october. made no finding on alleged negligence over aspiration or concordance reserved costs. [2023] iehc 194 has rejected woman’
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Courts Service · 2023-03-14 · courts
high court grants limited questions in mortgage dispute and rejects joinder land registry injunction ms justice roberts refused to add the purchaser property registration authority case, declined restrain from processing a pending registration. [2023] iehc 131 has allowed vincent kavanagh issue set
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Courts Service · 2023-03-14 · courts
high court sends €484,166.67 guarantee dispute to plenary hearing the defendant may contest a guarantor’s claim over aib loan repayments, including by arguing that an earlier agreement shifted responsibility company and is time-barred. [2023] iehc 111 has refused enter summary judgment in claimed de
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Courts Service · 2023-03-13 · courts
court of appeal orders hearing homeowner’s motion in workplace injury case the found that refusing to set a date risked significant procedural unfairness and remitted high court. it did not decide whether claim against first defendant should be dismissed. [2023] ieca 57 has ordered held on by person
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Courts Service · 2023-03-13 · courts
high court directs notice hearing in penrose’s judicial review leave application the ordered director of public prosecutions to receive papers and respond. it made no findings on account circuit hearings. [2023] iehc 118 has directed that steven for seek be heard prosecutions, giving respondent four
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Courts Service · 2023-03-13 · courts
high court refuses leave for two judicial review applications over alleged garda assault the sought damages an 2017 assault, but said that claim belonged in plenary proceedings and was outside time limit. [2023] iehc 120 refused steven penrose to bring concerning his allegations of by gardaí, findin
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Courts Service · 2023-03-13 · courts
high court directs notice to respondents in two prison judicial review applications justice david holland made procedural directions on 13 march 2023, leaving the question of leave undecided and adjourning for mention. [2023] iehc 119 has directed that irish service department be given by steven pen
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Courts Service · 2023-03-13 · courts
high court refuses leave to appeal in two moyfin quarry cases the declined certify any of 12 proposed legal questions as involving a point law exceptional public importance. it did not decide whether an would be desirable interest. [2023] iehc 209 has refused judicial review concerning quarry, after
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Courts Service · 2023-03-13 · courts
court of appeal dismisses against dangerous-driving sentence the found fell within available range after considering appellant’s argument that he received too little credit for mitigation. 93/22 has dismissed dan coakley’s severity a imposed dangerous driving causing death, finding to sentencing jud
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Courts Service · 2023-03-10 · courts
developer allowed to defend challenge white pines east permission the high court gave notice party liberty judicial review after an bord pleanála said it would not oppose challenge. did decide whether should be quashed. [2023] iehc 114 has behind housing scheme a of its planning permission, in judgm
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Courts Service · 2023-03-10 · courts
high court refuses appeal and eu reference in solar farm planning challenge the dismissed proceedings, refused leave to a proposed cjeu reference, made no order as costs. its ruling concerned scope of case pleaded. [2023] iehc 112 has judicial review permission for at treascon clondoolusk, co offaly
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Courts Service · 2023-03-10 · courts
high court admits tree-screening settlement dispute to specialist list the admitted neighbours’ action over planting promised under a commercial planning and strategic infrastructure development list, with directions follow. [2023] iehc 105 has paul walsh christine kirwan’s against st. clare’s gp3 l
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Courts Service · 2023-03-10 · courts
high court refuses bid to dismiss banks’ property transfer case against burkes the rejected applications based on delay and pleading of fraud conspiracy. it did not decide whether alleged transfers were fraudulent; that remains for trial. has refused gerard burke caroline burke’s or strike out proce
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Courts Service · 2023-03-10 · courts
high court refuses late challenge to galway drink-driving conviction the refused extend time for judicial review of a circuit judge’s decisions on consultative case stated. it said applicant had not objectively justified delay. [2023] iehc 116 has an application drink-driving, and requested substant
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Courts Service · 2023-03-10 · courts
high court orders surrender to poland after rejecting challenge over absence at sentencing hearing the dismissed a section 45 objection, finding that respondent had waived his right attend polish cumulative and defence rights were protected. [2023] iehc 323 has ordered of man under european arrest w
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Courts Service · 2023-03-10 · courts
court of appeal quashes fisheries policy directive in full over consultation failure the ruled that minister’s to consult under eu rules meant could have no legal effect. it declined sever its application northern irish vessels and proposed costs orders, subject further argument on high costs. [2023
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Courts Service · 2023-03-10 · courts
court of appeal rejects eurolink bid to deduct m4 toll revenue share from rateable value the dismissed motorway operator’s appeal, ruling that valuation’s gross receipts must include all tolls collected, without deducting payments transport infrastructure ireland. [2023] ieca 54 has operation limite
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Courts Service · 2023-03-09 · courts
high court sets wilson’s hospital school trial for 28 march the fixed a six-day in school’s action against enoch burke and set deadlines written submissions books. three interlocutory matters remained to be decided. [2023] iehc 123 has directed that of board management begin on 2023, after dispute o
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Courts Service · 2023-03-08 · courts
high court quashes refusal of iraqi husband’s family visa appeal the found that minister’s decision did not properly consider sponsor’s subsidiary protection status, couple’s ability to live together, or safety implications returning iraq. consequential matters remained be heard. [2023] iehc 117 has
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Courts Service · 2023-03-08 · courts
high court refuses late appeal bid over mullingar home possession order the said defendant had identified no arguable grounds and basis to seek an adjournment in court. [2023] iehc 110 court, circuit has refused a defendant’s application extend time requiring him give up of house mullingar, county w
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Courts Service · 2023-03-07 · courts
hse ordered to pay €60,272 after healthcare assistant’s workplace back injury the high court assessed damages admitted liability for a 2018 accident. award included compensation past and likely future intermittent pain. [2023] iehc 106 awarded former assistant in lower-back sustained while lifting p
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Courts Service · 2023-03-07 · courts
court of appeal dismisses enoch burke’s over school injunctions the upheld interim and interlocutory orders keeping teacher away from wilson’s hospital while he remained on paid administrative leave. it did not decide underlying dispute leave or disciplinary process. [2023] ieca 52 has dismissed aga
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Courts Service · 2023-03-07 · courts
high court refuses jerry beades’ request to cross-examine witnesses in three property cases the ruling concerned only whether deponents could be cross-examined on affidavit evidence. applications dismiss or strike out underlying proceedings remained determined. [2023] iehc 127 has refused beades lea
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Courts Service · 2023-03-07 · courts
high court strikes out €3m claim based on alleged immunity from orders ms justice eileen roberts ruled that the against state and start mortgages disclosed no reasonable cause of action was bound to fail. she also refused plaintiff’s application join mazars seek a contempt finding. [2023] iehc 107 h
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Courts Service · 2023-03-07 · courts
court of appeal dismisses enoch burke’s appeals over school injunctions the upheld interim and interlocutory orders restricting teacher’s access to wilson’s hospital while underlying dispute remained for trial. [2023] ieca 52 has dismissed against made in a with board management school. included res
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Courts Service · 2023-03-07 · courts
court of appeal dismisses burke’s over school injunctions the upheld interim orders barring en(ch) burke from attending wilson’s hospital while on paid administrative leave, leaving wider constitutional claims for possible consideration at trial. has dismissed enoch against restricting his attendanc
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Courts Service · 2023-03-06 · courts
high court orders adrian mihalcea’s surrender to romania serve three-year sentence the rejected objections based on romanian prison conditions and family life after considering assurances of at least three square metres personal space other detention protections. [2023] iehc 249 has ordered a senten
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Courts Service · 2023-03-06 · courts
high court finds contractor liable after painter falls through covered counter the found summerhill construction 60% responsible and 40% contributorily negligent, proposing an award of €95,718.40 subject to further submissions on order. [2023] iehc 104 company limited negligent in breach statutory d
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Courts Service · 2023-03-06 · courts
high court dismisses challenge to hse review of child’s disability assessment the refused judicial relief after finding that had reviewed and its no qualifying should use statutory complaints process. [2023] iehc 109 has a mother son’s application for an found boy did not meet act’s definition disab
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Courts Service · 2023-03-06 · courts
high court rejects bid to require further hse reviews of child’s needs assessment the held that disability act does not a second or review an need. it refused requested orders, while leaving unresolved whether must carry out first review. [2023] iehc 99 has application seeking compel health service
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Courts Service · 2023-03-06 · courts
court of appeal reinstates diamrem’s claim against clare county council the found that company’s 22-month delay in advancing its case was excusable, citing related litigation and repeated refusals information requests. it ordered to proceed, subject a prompt statement claim. [2023] ieca 49 has allow
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Courts Service · 2023-03-06 · courts
high court proposes to set aside leave after finding judicial review case untenable the said applicant’s account of underlying family law hearing was grossly misleading. it proposed and dismiss proceedings, with costs still be determined. [2023] iehc 95 has permission for a challenge that at its cen
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Courts Service · 2023-03-03 · courts
high court dismisses appeal over execution against 34 hartlands road the affirmed lender’s substitution as plaintiff and its leave to execute a 2015 possession order, limited road. final orders costs remained for later consideration. [2023] iehc 97 dismissed thomas wallace’s an order allowing start
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Courts Service · 2023-03-03 · courts
high court refuses injunction blocking sale of mortgaged properties the found a fair issue remained for trial, but said damages could compensate borrowers if receivers were later to have sold negligently. its ruling does not authorise garrison bar. has refused married couple’s application stop while
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Courts Service · 2023-03-02 · courts
high court sends mars capital possession appeal to plenary hearing over debt-transfer evidence the judge said did not yet establish that owned debt, but also defendant’s proposed defence. will continue with further evidence. [2023] iehc 94 has adjourned finance ireland dac’s of lands a hearing, sayi
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Courts Service · 2023-03-02 · courts
appeal court defers sentence review after ruling it cannot substitute adult prison term the of ruled that could not replace a imposed when appellant was juvenile with term. left merits his severity for later consideration. has on appeal, even where since reached adulthood. yet decided whether should
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Courts Service · 2023-03-02 · courts
high court refuses interim orders in employment dismissal dispute the found employee had not shown a strong case likely to succeed at trial, while preserving an anonymity order and leaving underlying claims unresolved. [2023] iehc 96 has refused employee’s application for after finding she trial her
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Courts Service · 2023-03-02 · courts
court of appeal says adult cannot be detained under deferred child sentence answering a consultative case stated, the ruled that circuit court’s only sentencing option at resumed hearing was probation order act 1907. [2023] ieca 48 has person who turns 18 before given detention section 144 children
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Courts Service · 2023-03-01 · courts
high court refuses leave for further evidence motion in dismissed employment appeal the ruled it could not reopen proceedings already and under appeal, said proposed had been shown to be relevant case. [2023] iehc 122 has refused deirdre morgan issue a seeking permission disclose information equalit
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Courts Service · 2023-03-01 · courts
high court awards €105,500 to woman injured in 2019 road collision the award includes €60,000 for a permanent right-foot injury and an uplift additional injuries, alongside €13,000 agreed special damages. [2023] iehc 132 awarded mary mc hugh personal injuries action arising from head-on on 21 decemb
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