Courts Service · 2023-04-28 · courts
high court restrains flogas from ending wexford distributor arrangement pending trial the order preserves existing distribution without deciding whether benson fuels was entitled to a fixed term or longer notice. [2023] iehc 214 has restrained ireland limited terminating its with cause while compani
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Courts Service · 2023-04-28 · courts
high court finds man was a voluntary patient before later involuntary admission the article 40 inquiry concerned whether free to leave psychiatric unit between 15 and 17 april 2023. found he during that period his subsequent lawful. [2023] iehc 219 has 24-year-old at of midlands regional hospital po
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Courts Service · 2023-04-28 · courts
high court refuses contractor’s bid to send house dispute arbitration the found contractor had repudiated agreement through earlier proceedings and was estopped from relying on it after a lengthy delay. [2023] iehc 368 has refused construction company’s application stay homeowners’ claim arbitration
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Courts Service · 2023-04-28 · courts
high court refuses delay bid to strike out hepatitis a claims against tusla and hse the found that plaintiffs rn hf had caused inordinate inexcusable delay, but held balance of justice favoured allowing their continue. [2023] iehc 221 has refused applications by health service executive two arising
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Courts Service · 2023-04-28 · courts
court of appeal dismisses father’s in child’s return case the upheld high court’s refusal to order a england, finding grave risk would remain despite available protective measures. [2023] ieca 104 appeal, civil has dismissed against his daughter’s england under hague convention, concluding that chil
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Courts Service · 2023-04-28 · courts
high court refuses bid to set aside renewal of worker’s injury summons the found that a 10-day service delay, plaintiff solicitor firm’s staffing difficulties and absence material prejudice justified keeping renewed in place. [2023] iehc 220 has refused depuy ireland unlimited company’s application
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Courts Service · 2023-04-28 · courts
high court dismisses late appeal against rtb tenancy determination the ruled that 21-day period began when order was issued on 16 march 2022, not it delivered eight days later. [2023] iehc 216 dismissed valerie enners’ a residential tenancies board after finding lodged outside statutory limit. also
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Courts Service · 2023-04-28 · courts
court orders bank of ireland 75% appeal costs after judgment reduced by €468,065 the found had substantially resisted kieran doyle’s but was not entirely successful because sum to be reduced. it also granted a conditional stay pending possible supreme leave application. [2023] ieca 97 has ordered do
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Courts Service · 2023-04-28 · courts
high court dismisses quarry owner’s challenges to planning decisions the rejected judicial review claims over donegal county council and an bord pleanála concerning a at largybrack, including refusal of leave seek substitute consent. [2023] iehc 223 has dismissed two proceedings brought by donal mcm
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Courts Service · 2023-04-28 · courts
high court rules coillte cannot use foi exemptions to withhold environmental records the answered questions of law referred by information commissioner, leaving underlying appeal about coillte’s refusal unresolved. [2023] iehc 227 has ruled that rely on in freedom act refuse access under aie regulat
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Courts Service · 2023-04-27 · courts
court of appeal dismisses challenge to 17½-year sentence for rape and sexual assaults the found severe but within sentencing judge’s margin appreciation, with no error principle established. has dismissed an against severity aggregate prison imposed two incidents involving false imprisonment offence
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Courts Service · 2023-04-27 · courts
half-sister given authority to arrange funeral and burial of girl who died in care the high court made a limited grant administration girl’s after finding special circumstances dispute over where she should be buried. has allowed take custody her body wake, burial, with parents laid rest. judgment d
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Courts Service · 2023-04-27 · courts
appeal largely dismissed, but claim over contents of cork property may proceed the court upheld dismissal most gerardine scanlan’s 2017 action against danske bank and receiver stephen tennant, while allowing a narrow concerning belongings allegedly removed from secured to continue. [2023] ieca 102 h
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Courts Service · 2023-04-27 · courts
high court refuses to strike out delayed road-access claim the found plaintiff responsible for 2 years and 8 months of inordinate inexcusable delay, but said defendants had not shown that period caused enough prejudice justify ending claim. [2023] iehc 298 has refused mayo county council westport to
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Courts Service · 2023-04-27 · courts
supreme court rejects appeal over review of disability service start dates the held that an appeals officer can examine whether services could be provided sooner and recommend a change, while only liaison amend statement itself. [2023] iesc 9 ireland has dismissed by john harraghy, holding consider
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Courts Service · 2023-04-27 · courts
high court quashes drink-driving conviction and refuses retrial the found that district trial was fundamentally unfair, entitling applicant to plead autrefois acquit. it also said a would be inappropriate even if had discretion order one. [2023] iehc 207 has quashed man’s for drunken driving refused
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Courts Service · 2023-04-26 · courts
high court awards €21,877 in damages over refused work access permit the found state’s failure to properly transpose an eu rule caused a sufficiently serious breach of international protection applicant’s labour market right. it directed parties agree order, including costs, or file submissions. [20
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Courts Service · 2023-04-26 · courts
court of appeal rejects borrower’s challenge to €914,762 loan judgment the dismissed jeremiah healy’s against summary judgment, while directing a further hearing on costs after raising concern about delays in providing property sale details. [2023] ieca 96 has high €914,762.19 favour bank ireland mo
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Courts Service · 2023-04-26 · courts
high court dismisses 20-year defective-home case over delay the found about 10 years of inexcusable and significant prejudice to builder engineering defendants. it did not decide whether alleged building defects occurred. [2023] iehc 212 has dismissed gerald ann kelleher’s proceedings in their famil
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Courts Service · 2023-04-25 · courts
high court refuses protective costs order in challenge to children’s covid-19 vaccine programme the said plaintiffs’ underlying claim had no prospect of success, but left their failed application provisional pending submissions. [2023] iehc 205 has refused three for a proceedings seeking halt vaccin
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Courts Service · 2023-04-25 · courts
high court upholds transfer of defamation action for joint case management the confirmed an order sending a circuit claim to court, citing overlap with separate proceedings between same parties. [2023] iehc 213 has upheld transferring from finding that related parties should be managed together in c
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Courts Service · 2023-04-25 · courts
high court orders surrender on 15 of 17 northern ireland charges the allowed for prosecution over alleged child pornography offences but refused it two extreme offences, finding no corresponding offence under irish law. [2023] iehc 397 ordered a respondent identified as td (also known tó’r) to invol
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Courts Service · 2023-04-25 · courts
high court refuses liquidator’s bid to undo sale of sallins house the found liquidator had not proved that 2018 was at an undervalue or original purchaser acted for a person connected company’s director. it refused relief sought, without deciding dispute over contract’s completion notice. [2023] ieh
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Courts Service · 2023-04-25 · courts
hse awarded costs after high court rejects bid to depart from usual rule a judgment found the plaintiff had not shown that hse’s defence was unforeseeable and ordered her pay successful defendant’s costs. [2023] iehc 202 has health service executive rejecting request by catriona crumlish for no orde
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Courts Service · 2023-04-25 · courts
court of appeal dismisses robbery conviction over garda recognition evidence the held that two gardaí’s cctv identifications were admissible and elicited during cross-examination did not justify discharging jury. has dismissed john hayes’s against his for robbing a limerick off-licence, ruling trial
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Courts Service · 2023-04-25 · courts
court of appeal dismisses twomey’s challenge to convictions over attack on machinery dealer the upheld special criminal court’s finding that twomey had not effectively withdrawn from joint enterprise before december 2017 attack. has dismissed william against arising an and robbery edward mcandrew in
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Courts Service · 2023-04-25 · courts
court rejects bias and recusal application over former attorney general’s appearance the of appeal dismissed applicants’ motion as an abuse process found they had not established objective bias. it refused their requests for a declaration recusal, while reserving motion’s costs. [2023] ieca 93 has b
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Courts Service · 2023-04-24 · courts
high court dismisses challenge to 416-home dublin 8 planning permission the dismissed a judicial review after considering european ruling. its decision addressed pleaded legal grounds, not development’s merits. [2023] iehc 186 has brought by sinead kerins and mark stedman against for 416 homes at 32
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Courts Service · 2023-04-24 · courts
high court makes no costs order in novel education rights case the declined to award two unsuccessful applicants but ordered that neither side pay other’s of protective application. [2023] iehc 201 has made as after refusing applicants’ request for their proceedings concerning disability and rights.
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Courts Service · 2023-04-24 · courts
high court strikes out von geitz proceedings over swiss bank dispute the ruled that ireland lacked jurisdiction claim, which it found was in substance related to a contract governed by an exclusive clause. also held service valid and allowed amendment summons. [2023] iehc 224 has struck brought juer
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Courts Service · 2023-04-24 · courts
high court quashes visa refusals after finding key documents were not considered the set aside minister’s 2021 of two applicants’ appeals, decision did engage with about their residence and omitted money transfers. listed costs final orders for further submissions. [2023] iehc 206 has quashed minist
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Courts Service · 2023-04-24 · courts
high court refuses bank of ireland bid for €748,480 summary judgment the defendant may contest debt at a plenary hearing after judge found had not provided enough detail about transactions on loan accounts before their 2013 restructuring. [2023] iehc 198 has refused ireland’s application against bri
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Courts Service · 2023-04-24 · courts
high court refuses lender’s bid to add unregistered land possession case the appeal concerned whether a claim over registered could be amended include and house at springwood, county wexford. [2023] iehc 200 refused promontoria (pluto) limited’s application amend its proceedings upheld circuit court
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Courts Service · 2023-04-24 · courts
court of appeal overturns ruling on probationary garda’s dismissal notice the allowed commissioner’s appeal, finding challenge to ongoing suitability process premature. it set aside that violated his presumption innocence. [2023] ieca 92 has commissioner an garda síochána’s against a high order quas
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Courts Service · 2023-04-24 · courts
court of appeal dismisses h.s.’s against convictions for sexual offences the rejected five grounds appeal, including challenges concerning delay, joint trial, evidence from social workers and amendments to indictment. has dismissed involving two sisters, upholding trial judge’s decisions on pursued
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Courts Service · 2023-04-24 · courts
court of appeal awards criminal assets bureau costs against graham whelan after dismissing whelan’s in december, the ordered him to pay cab’s appeal. it had received no submissions from him. [2023] ieca 95 has bureau’s his unsuccessful a high order under proceeds crime act 1996. judgment delivered o
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Courts Service · 2023-04-24 · courts
high court refuses russian company’s bid to remove it from irish toaz conspiracy case mr justice denis mcdonald ruled that the plaintiffs had a good arguable serve kai in russia and ireland was appropriate forum. he did not decide whether alleged occurred or will ultimately obtain shares. [2023] ieh
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Courts Service · 2023-04-24 · courts
high court dismisses challenge to nigerian protection refusal, leaving appeal route open the identified a lack of clarity in how first-instance decision addressed separate membership and leadership claims, but found pending ipat could address issue refused judicial review relief. [2023] iehc 197 has
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Courts Service · 2023-04-24 · courts
high court refuses approval for seaconview’s proposed sale of cork retail units a judge said the lacked an independent valuation and conditions settled by conveyancing counsel, refused lender’s request to retain proceeds. [2023] iehc 191 has seaconview dac’s application approve three at ardfallen pa
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Courts Service · 2023-04-24 · courts
high court grants bank of ireland amendment and judgment in loan dispute the found borrowers had not raised an arguable defence to repayment loans used buy two investment rental properties. it reserved final orders costs for a later mention. [2023] iehc 199 has allowed governor company amend its cla
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Courts Service · 2023-04-21 · courts
high court strikes out challenge to dublin property sale and vacates lis pendens the found claims against registration authority purchasers were bound fail, ruled that delay justified removing pendens. it refused an order restricting plaintiff’s future proceedings. [2023] iehc 276 has struck david l
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Courts Service · 2023-04-21 · courts
high court rejects creditor and solicitor claims for priority payment in company liquidation the refused applications by louis j. o’regan limited fergus applebe reimbursement ahead of liquidator’s costs. separate application final directions remains to be heard. [2023] iehc 230 has two from assets c
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Courts Service · 2023-04-21 · courts
high court declares failure to provide reception conditions afghan minor unlawful a lead case concerned an applicant who slept rough before receiving accommodation. the granted two declarations on minister’s material and its breach of eu charter’s human dignity provision. [2023] iehc 187; [2023 175
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Courts Service · 2023-04-21 · courts
high court orders failed heir to pay 90% of rival’s costs in kerry shares dispute the declined award unsuccessful claimant and directed that half executor’s come from estate residue claimant’s inheritance. [2023] iehc 215 ordered thomas o’connell breda (bridie) murphy’s after rejecting his claim 8,9
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Courts Service · 2023-04-20 · courts
high court orders sofia’s immediate return to latvia in hague convention case the found that mother had not proved father consented move and gave little or no weight child’s views, which it been influenced by others. [2023] iehc 379 has ordered sofia, an anonymised minor, be returned immediately aft
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Courts Service · 2023-04-20 · courts
high court upholds creditors’ objection to debt arrangement over defective notice the ruled that a proof-of-debt request was not properly served and cited wrong statutory provision. it set aside procedure led approval of debtor’s arrangement, but left insolvency unfair-prejudice issues undecided. [2
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Courts Service · 2023-04-20 · courts
court of appeal refuses late bid to strike-out solicitor action the rejected an application extend deadline, finding it was brought nearly nine months and disclosed no arguable ground appeal. [2023] ieca 103 appeal, civil has refused two motions by eric john somers seeking extra time high court’s de
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Courts Service · 2023-04-19 · courts
high court suspends doctor after finding breaches of undertakings the ordered suspension dr z’s registration that he treated and prescribed for a former online-service patient on two occasions without hospital or consultant supervision. it made no final findings wider factual issues reserved any lat
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Courts Service · 2023-04-19 · courts
circuit court dismisses prison officer’s appeal over cctv use, subject to security purpose the upheld data protection commission’s decision but said footage could be used only deal with hospital breach that prompted its collection. court, dublin county of city dismissed a use in an internal investig
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Courts Service · 2023-04-19 · courts
court of appeal dismisses bid to force receivers lease carlow farmland the upheld high court’s decision that it could not compel company grant a 10-year agricultural on terms sought by philip morrissey. was dismissed; costs remained be determined. [2023] ieca 89 has dismissed morrissey’s over his da
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Courts Service · 2023-04-18 · courts
high court vacates lis pendens after 19 months without service of proceedings the found unreasonable delay in advancing plaintiff’s case, but made no order striking out proceedings. costs remained to be heard. [2023] iehc 188 has ordered cancellation a registered over property finding that supportin
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Courts Service · 2023-04-18 · courts
high court rejects challenge to planning guidelines power the dismissed a judicial review law allowing binding requirements in ministerial guidelines, finding was not an unconstitutional delegation. [2023] iehc 178 has constitutionality of minister’s issue requirements, holding that section 28(1c) a
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Courts Service · 2023-04-18 · courts
high court orders esb affidavit before deciding one discovery category in hamwood case the adjourned hamwood’s request for documents about electricity-sector safeguards and refused other categories its judicial review challenge to wayleave notices. 2023 iehc 173 has directed electricity supply board
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Courts Service · 2023-04-18 · courts
court of appeal upholds 50/50 liability after camogie coach slipped on gaa pitch seating the dismissed defendants’ appeal, leaving in place finding that slippery cladding contributed to a coach’s fall and equal apportionment liability. [2023] ieca 91 has an by club three individuals against they wer
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Courts Service · 2023-04-18 · courts
high court rules company director could see one legal email, but upholds privilege over others in a dispute documents exhibited an oppression case, the found that advice sent to be accessed by its and shareholder. it rejected his bid lift remaining left final orders, including costs, settled later.
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Courts Service · 2023-04-17 · courts
high court orders return of teenager removed from northern ireland to the found insufficient evidence that mother consented move, and held teenager’s objection did not outweigh case for return. manner timing were left a further hearing. [2023] iehc 184 court, family law has ordered jurisdiction afte
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Courts Service · 2023-04-17 · courts
court of appeal allows defence forces sergeant’s promotion the held that air corps had unlawfully treated completion a senior nco course as only route to eligibility, despite rules providing an alternative assessment training. [2023] ieca 88 has allowed over his exclusion from 2019 competition, find
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Courts Service · 2023-04-17 · courts
court of appeal dismisses against five-year sentences for immigration offences the found no error in circuit criminal court’s sentencing a man convicted on six counts, with eight additional taken into consideration. appeal; from has dismissed an by mohamed morsy ahmed severity concurrent prison impo
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Courts Service · 2023-04-17 · courts
high court grants start mortgages fresh leave to enforce 2011 possession order the found a reasonable explanation for delay and no prejudice defendants. it made provisional costs view, with written submissions invited within two weeks. [2023] iehc 176 has granted dac issue execution of in over prope
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Courts Service · 2023-04-17 · courts
high court rejects challenge to three-month judicial review time limit the held that limit, which can be extended for good and sufficient reason, was within rule-making powers of superior rules committee. it declined decide a separate additional extension conditions because applicant lacked standing
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Courts Service · 2023-04-17 · courts
court of appeal rejects challenge to grounds and costs in rath dubh roads case the upheld high court’s decision quash mayo county council’s 2021 public-road declaration on three left its order place. [2023] ieca 331 has rejected alan lynskey’s over attached a quashing declare footpaths phase 1 estat
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Courts Service · 2023-04-17 · courts
high court makes no costs order after child care judicial review becomes moot the said district proceedings would have reached same outcome whether or not father had brought review. [2023] iehc 175 made as to a concerning of two children became following decisions in court. mr justice garrett simons
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Courts Service · 2023-04-14 · courts
high court finds simeon burke’s detention lawful and refuses release application after an article 40 inquiry, the found that burke had been lawfully arrested detained. it refused his for to stop district trial. [2023] iehc 180 has by from cloverhill prison, finding inquiry was lawful. mr justice cre
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Courts Service · 2023-04-13 · courts
high court sends €39,000 overpayment dispute back for full hearing the allowed three debtors’ appeal against a summary dismissal, finding that incomplete and disputed correspondence could not safely resolve whether they had agreed to pay more than €1.4 million. [2023] iehc 174 has an by john berrill
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Courts Service · 2023-04-03 · courts
high court refuses challenge to transfer of syrian woman athlone accommodation the said applicant had not established that her from dublin breached constitutional, privacy or health rights. it also considered case moot after she received refugee status, but addressed substantive claims in conclusion
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