Courts Service · 2023-07-31 · courts
high court dismisses saudi student recruitment dispute after 40 months’ delay the found nahj company’s in progressing its claim against royal college of surgeons ireland was inordinate and inexcusable, that balance justice favoured dismissal. [2023] iehc 453 has ruled a commercial between company fo
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Courts Service · 2023-07-31 · courts
court of appeal upholds costs against shareholders after failed permanent tsb challenge the dismissed appeals over and refused to stay underlying proceedings, allowing only a 21-day on execution specified orders. [2023] ieca 197 has upheld orders requiring who challenged 2012 sale irish life pay min
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Courts Service · 2023-07-31 · courts
court of appeal awards mussel businesses one-third costs despite losing case the dismissed over alleged mismanagement seed stocks but refused state’s application, citing case’s public interest and complex legal issues. [2023] ieca 193 appeal, civil has awarded appellants their after dismissing stock
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Courts Service · 2023-07-31 · courts
supreme court rejects pepper finance appeal over contempt proceedings against occupants the upheld decision to set aside committal orders, ruling that required personal service of papers and penal endorsements had not been completed. [2023] iesc 21 ireland has dismissed corporation (ireland) dac’s p
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Courts Service · 2023-07-31 · courts
high court awards €99,789 in undefended dental negligence claim the found that defective bridge and implant work caused a patient years of pain awarded damages costs against two dentists. [2023] iehc 541 namalie goonetilleke after finding treatment by eduard bujevics norbert szente her prolonged pai
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Courts Service · 2023-07-31 · courts
high court orders limited discovery in challenge to dpp prosecution decision the must disclose review guidelines and protocols place on 16 november 2021. refused applicant’s broader requests for documents about earlier decisions later prosecute. [2023] iehc 483 ordered director of public prosecution
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Courts Service · 2023-07-31 · courts
high court adjourns mortgage possession appeal for a year the found that year’s adjournment best served parties’ interests, given borrower’s other proceedings and value available to protect lender’s debt. [2023] iehc 482 adjourned one year, giving garry o’brien time pursue separate could provide fun
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Courts Service · 2023-07-31 · courts
high court refuses leave for deirdre morgan’s proposed judicial review the ruled that her application could not reopen issues arising from earlier litigation and was available to challenge another judge’s procedures. [2023] iehc 761 has refused morgan bring a of orders made in involving kildare wick
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Courts Service · 2023-07-31 · courts
court of appeal makes no costs order after legal aid body loses the declined friends irish environment’s request for its costs, while also deciding that should be ordered against it. [2023] ieca 190 appeal, civil has made as to environment clg lost challenge over whether corporate bodies could obtai
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Courts Service · 2023-07-31 · courts
high court joins two residents in challenge to goatstown rezoning the found that wendy jennings and adrian o’connor could be directly affected by colbeam’s because rezoning’s survival determine whether student accommodation permission is refused or cannot reconsidered. [2023] iehc 450 has joined as
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Courts Service · 2023-07-31 · courts
high court rejects challenge to refusal extend aiken’s village planning permission the found council misinterpreted environmental-assessment rule, but upheld its separate conclusion that developer had not shown development would be completed within a reasonable time. [2023] iehc 477 has refused iron
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Courts Service · 2023-07-31 · courts
executor’s costs of further estate proceedings to be paid from the high court ruled that brought compel an open-market sale a family property should in administration and adjudicated if parties cannot agree them. [2023] iehc 485 has ordered by executor over proposed his late father’s home estate. ar
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Courts Service · 2023-07-31 · courts
high court upholds privilege over documents accidentally disclosed in patent dispute the found lexington had not waived by mistakenly including on a usb stick, and said anthology brian connell breached court’s implied undertaking sharing discovered material with third parties. [2023] iehc 493 has ru
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Courts Service · 2023-07-31 · courts
high court says insolvency winding-up rebuts sanctions control presumption over gtlk europe companies the ruled that joint liquidators alone companies’ assets during winding-up, while barring surplus funds from reaching their russian parent without a further order permitted by eu law. [2023] iehc 48
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Courts Service · 2023-07-31 · courts
high court refuses quarry operator’s bid to appeal planning judgment the said proposed raised no point of law exceptional public importance and refused certification under section 50a(7). [2023] iehc 487 has a application for certificate allowing it that upheld decisions concerning its at largybrack
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Courts Service · 2023-07-28 · courts
high court grants limited costs protection in ennistymon road cpo challenge the refused for most of applicants’ challenges but allowed rights-of-way issue to proceed a costs-protected hearing against all opposing parties. [2023] iehc 464 has john and sheena clancy further on whether extinguishing ri
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Courts Service · 2023-07-28 · courts
high court dismisses appeal against possession order for dunlever lodge the upheld a circuit in favour of mars capital finance ireland dac, while extending stay on execution until final orders. [2023] iehc 462 has dismissed an by damian and irene gibney granting dac trim, county meath. affirmed cour
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Courts Service · 2023-07-28 · courts
court of appeal rejects challenge to €25,000 fine for crane manual omission the found was not unduly lenient, stressing that palfinger ireland sentenced failing provide part a in 2003, later fatal bridge accident. has rejected director public prosecutions application review imposed on limited, findi
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Courts Service · 2023-07-28 · courts
high court finds prima facie money-laundering link to car dealer’s assets the made an interlocutory order over most seized vehicles and company’s frozen bank balance, but excluded two cars where bureau’s evidence was insufficient. [2023] iehc 498 has found sufficient at a preliminary stage that step
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Courts Service · 2023-07-28 · courts
court of appeal rules circuit cannot substitute drink-driving verdict on the answered two questions from a cavan judge after defendant appealed conviction for being drunk in charge vehicle. [2023] ieca 194 has ruled that hearing an district use section 5(6) road traffic act 2010 to replace vehicle w
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Courts Service · 2023-07-28 · courts
high court refuses stay in fast ferry tender judicial review the ordered 2019 contract award quashed, limited applicant’s costs to a one-day hearing, and stayed adjudication pending possible appeal. [2023] iehc 474 refused minister for culture, heritage gaeltacht’s application pause an order quashin
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Courts Service · 2023-07-28 · courts
supreme court upholds admission of emergency call in murder appeal the ruled that a witness’s recorded 999 was admissible under res gestae exception, and set out an authoritative formulation hearsay rule. [2023] iesc 19 has upheld made shortly after fatal stabbing, ruling as part events it described
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Courts Service · 2023-07-28 · courts
court of appeal quashes rape and sexual assault convictions over jury direction on lies the found that a flaw in trial judge’s how jurors could use accused’s left verdict unsafe. it ordered retrial. [2023] ieca 338 has quashed an accused man’s for four counts one count assault, ruling may not have p
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Courts Service · 2023-07-28 · courts
supreme court upheld admission of 999 call in murder appeal the ruled that a witness’s made shortly after fatal stabbing could be admitted under res gestae exception to hearsay. supplied judgment excerpt gives court’s reasoning but does not include its formal final order. [2023] iesc 19 was admissib
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Courts Service · 2023-07-28 · courts
high court dismisses long-delayed medical negligence claim the granted defendant’s motion to dismiss, finding delay both inordinate and inexcusable concluding that it created prejudice a fair investigation trial. [2023] iehc 515 has dismissed over treatment at st james’ hospital, ruling plaintiff’s
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Courts Service · 2023-07-28 · courts
supreme court dismisses appeal over admission of 999 call in murder case justice maurice collins agreed that the recording was hearsay but held it properly admitted under res gestae exception. [2023] iesc 19 has dismissed keith connorton’s appeal, holding a made by ms mcgrath shortly after an incide
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Courts Service · 2023-07-28 · courts
high court orders birmayne house occupier to leave pending trial the granted an interlocutory injunction after finding stephen mulvany had not put enough evidence before it establish a right occupy property. enforcement was stayed until 1 november 2023. [2023] iehc 473 has ordered vacate part of in
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Courts Service · 2023-07-28 · courts
high court finds woman’s return to repossessed monaghan home was trespass the granted injunctions sought by mars capital finance ireland after finding it had established a strong case that possession lawfully executed and reoccupation unlawful. [2023] iehc 578 has dac property in carrickmacross, co
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Courts Service · 2023-07-28 · courts
supreme court affirms quirke murder conviction after ruling computer evidence admissible the said was obtained through an honest mistake following a new legal development on digital privacy, and affirmed trial judge’s admission of it. [2023] iesc 20 has patrick quirke’s for bobby ryan, that drawn fr
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Courts Service · 2023-07-28 · courts
supreme court refuses appeal over admission of emergency call recording the held trial judge was entitled to admit a witness’s services under res gestae exception hearsay. it did not decide whether modern technology could support separate exception. ireland has refused keith connorton’s against his
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Courts Service · 2023-07-28 · courts
high court orders removal of clane housing permission for quashing the upheld four grounds in a community council’s challenge to 192 homes, including failures concerning allocations, parking standards, greenfield policy and pre-application consultation. [2023] iehc 467 has ordered an bord pleanála’s
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Courts Service · 2023-07-28 · courts
high court dismisses kayaker’s bid to challenge marine casualty report the said applicant had not shown arguable grounds that report’s findings were irrational or unreasonable. costs remained subject further submissions. [2023] iehc 478 has dismissed jenny kilbride’s application for leave a investig
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Courts Service · 2023-07-28 · courts
high court grants leave to execute €25,215 costs order the accepted registrar of companies’ explanation for delay and found no evidence specific prejudice. it refused a stay invited submissions before making final order. [2023] iehc 461 has granted companies 2013 against arnaud d. gaultier, after fi
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Courts Service · 2023-07-28 · courts
high court refuses gaultier’s bid to revisit ruling on company representation the declined change its may decision that arnaud gaultier could not represent sup pliable limited in an interlocutory injunction application. company’s requested relief had been dismissed, and judge refused later request r
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Courts Service · 2023-07-27 · courts
high court dismisses kavanagh’s second bid to reopen possession case mr justice garrett simons refused an application set aside his january 2023 judgment, leaving the 2016 order in place. appeal against earlier judgment was listed for october 2023. [2023] iehc 452 has dismissed simon litigation over
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Courts Service · 2023-07-27 · courts
high court refuses to set aside nephew’s €1.05m farm transfer the dismissed an uncle’s claim that a 2012 of about 155 acres was unconscionable or improvident transaction, while directing him vacate lis pendens on land. [2023] iehc 468 has farmer’s recover he transferred his nephew in 2012, finding n
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Courts Service · 2023-07-27 · courts
court of appeal restores minister’s full high costs in translation tender case the allowed appeal, finding had applied wrong starting point when reducing after minister successfully defended a public procurement challenge. [2023] ieca 189 has restored for expenditure and reform’s allowing brought by
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Courts Service · 2023-07-27 · courts
appeal dismissed over unregistered company charge on cork property the court of upheld a declaration that 2018 was void against diamond rock developments’ liquidator because it not registered within statutory deadline. [2023] ieca 198 appeal, civil has joseph leddin’s high mortgage county developmen
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Courts Service · 2023-07-27 · courts
court of appeal upholds ruling that unregistered mortgage was void against liquidator the affirmed declarations and injunctions after finding a €400,000 charge had not been registered with companies registration office within statutory period. [2023] ieca 198 has upheld high decision over land in be
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Courts Service · 2023-07-27 · courts
high court allows pepper finance to enforce €1.35m judgment against brendan touhy the approved finance’s substitution as plaintiff and gave it liberty execute on a 2011 judgment, rejecting defendant’s objections. final orders costs were left for written submissions. [2023] iehc 460 has allowed corpo
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Courts Service · 2023-07-26 · courts
high court strikes out false imprisonment claim over 2012 cork prison detention the held judicial immunity barred peter barry’s damages arising from a circuit decision. his other claims about conditions remain. [2023] iehc 472 has struck for in 2012, ruling that as pleaded. decision does not dispose
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Courts Service · 2023-07-26 · courts
supreme court suspends invalidity ruling on seanad university election law until may 2025 the declared two sections of 1937 act inconsistent with constitution, but suspended effect that declaration to allow time for electoral reform. oireachtas’s duty applies now. [2023] iesc 18 ireland has 6 and 7
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Courts Service · 2023-07-26 · courts
high court strikes out late appeal over cork worker’s redundancy the held it had no power to extend statutory deadline and said worker not identified a stateable error of law. did decide whether redundancies amounted collective redundancy. [2023] iehc 471 has struck an by juan miguel marino camarasa
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Courts Service · 2023-07-26 · courts
court of appeal upholds school’s liability over pupil’s bandsaw injury the dismissed against a €35,000 damages award and cross-appeal differential costs order. [2023] ieca 188 has upheld high finding that school was liable after pupil injured his finger using in woodwork class. it also challenge to
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Courts Service · 2023-07-26 · courts
high court refuses to dismiss mortgage appeal after nearly seven years of delay the found inexcusable but held that dismissing would be contrary interests justice, and directed steps ready it for hearing. [2023] iehc 459 has refused mars capital finance ireland dac’s application a woman’s against ci
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Courts Service · 2023-07-26 · courts
high court approves agreed method for calculating pubs’ covid-19 insurance claims the held that specified pandemic support payments and rates waivers must be deducted under policy’s savings clause, subject to limits some grants. [2023] iehc 455 court, commercial approved an four public houses’ busin
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Courts Service · 2023-07-26 · courts
court of appeal dismisses against convictions for rape and witness intimidation the rejected challenges to admission recent complaint clothing evidence, jury directions. concerned three four entered at trial. has dismissed eo’c’s rape, under section 4 criminal law (rape) (amendment) act 1990, a witn
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Courts Service · 2023-07-25 · courts
high court orders return of child taken from ukraine to ireland the found child’s removal wrongful under hague convention and rejected mother’s grave-risk defence, while leaving possible safety undertakings for a further hearing. [2023] iehc 495 court, family law has ordered identified in judgment a
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Courts Service · 2023-07-25 · courts
court of appeal cuts father’s sentence for child abuse to 13 years the found father marginally less morally culpable than his co-accused, while describing offending as exceptional and injuries among gravest kind. reduced m.b.’s from 14 years’ imprisonment after finding him wife, in serious harm infl
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Courts Service · 2023-07-25 · courts
court of appeal dismisses sean nolan’s murder conviction the rejected challenges to garda conversation evidence and jury directions on intoxication serious injury, finding no basis conclude trial was unfair or verdict unsafe. 211/20 has dismissed against his conviction, rejecting three given at tria
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Courts Service · 2023-07-25 · courts
high court lifts suspension blocking €800m coast guard rescue contract the ruling lets transport minister proceed with signing a new search and bristow while chc ireland’s challenge to tender continues. did not decide challenge’s merits. [2023] iehc 457 court, commercial has lifted automatic prevent
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Courts Service · 2023-07-25 · courts
dublin city council ordered to repay €50,153 levy, with orders stayed pending appeal application the high court made a damages award and awarded costs michelle maher, after holding in its principal judgment that she was not liable for derelict sites levy as purchaser of lands. are while seeks leave
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Courts Service · 2023-07-25 · courts
court of appeal dismisses bankrupt man’s challenge to bank orders the upheld high court’s decision strike out proceedings against danske bank, finding unmeritorious and underlying claims bound fail. [2023] ieca 195 has dismissed thomas mullaney’s striking he brought had no legal basis were an abuse
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Courts Service · 2023-07-25 · courts
court of appeal dismisses challenge to 2011 assault conviction the rejected three grounds alleging incompetent legal representation, finding that appellant had not shown a serious risk miscarriage justice. [2023] ieca 340 has dismissed noel o’connor’s against his for causing harm sean murphy, reject
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Courts Service · 2023-07-25 · courts
high court grants leave to challenge mountjoy solitary confinement the allowed steven penrose bring a judicial review over governor’s decision keep him in confinement. it made no finding that was unlawful. [2023] iehc 463 has granted at prison. ruling allows proceed; does not decide whether lawful o
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Courts Service · 2023-07-25 · courts
appeal court quashes fishing vessel sentence for proportionality reassessment the of set aside a €500 fine and forfeiture order after finding sentencing judge had been wrongly advised that was mandatory without discretion. it adjourned case further evidence resentencing. has quashed imposed on maste
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Courts Service · 2023-07-24 · courts
high court refuses late challenge to glenealy telecommunications mast permission the refused an extension of time and leave seek judicial review bord pleanála’s 2022 permission. it also amendment adding a planning application’s identification its applicant. [2023] iehc 432 has timothy frawley annabe
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Courts Service · 2023-07-24 · courts
high court refuses stay of injunction in employment dispute, awards costs subject to set-off the rejected defendant’s request suspend a july pending potential appeal. it awarded plaintiff her injunction-application costs, with allowing for if defendant succeeds at trial. [2023] iehc 530 has refused
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Courts Service · 2023-07-24 · courts
high court refuses duffy leave to challenge clare planning decision, allows part of appeal case proceed the refused in a 2021 judicial review and allowed 2022 an bord pleanála’s permission part, subject amended grounds. [2023] iehc 430 has michael county council’s 2020 grant for motorway service sta
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Courts Service · 2023-07-24 · courts
appeal court cuts sentence for four criminal damage offences to five years, with two suspended the of quashed original six-year after finding sentencing judge had not properly considered totality, then resentenced appellant. has a imposed and appellant years’ imprisonment, final years encourage reha
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Courts Service · 2023-07-24 · courts
circuit court sets aside protective certificate after finding debtor ineligible judge kenneth connolly ruled that possession of the mortgaged property had been executed before was granted, so did not meet an eligibility requirement. set in its entirety and scheduled a separate hearing on costs. cour
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Courts Service · 2023-07-24 · courts
court of appeal sets aside costs order against garda superintendent in licensing case the concerned only. ruled had remained neutral while carrying out a statutory role and ordered that no be awarded him high proceedings. [2023] ieca 184 has set requiring to pay proceedings over an application reviv
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Courts Service · 2023-07-24 · courts
high court orders sale of fonthill premises after 10-year delay and immediate distribution residue the construed a will concerning dublin estate, ruling that could not be sold until 10 years deceased’s death, while net rent must distributed quarterly residuary estate paid out immediately. [2023] ieh
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Courts Service · 2023-07-24 · courts
high court refuses late challenge to kells telecoms mast permission the set aside an earlier order extending time and granting leave for judicial review, finding applicants had not shown good sufficient reason bringing case late. [2023] iehc 431 has refused peter doreen thomson bord pleanála’s 2021
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Courts Service · 2023-07-24 · courts
high court refuses late challenge to oranmore telecom mast permission the refused an extension of time and leave seek judicial review bord pleanála’s 2021 permission, finding case for extra had not been made out. [2023] iehc 433 has applicant’s request more a replacement telecommunications in oranmo
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Courts Service · 2023-07-21 · courts
high court grants receivers possession of dundrum development the interlocutory order allows to pursue a sale one property while claims concerning three developments continue. made no for airfield or knocklyon. [2023] iehc 446 has granted an incomplete, unoccupied apartment in dundrum, allowing them
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Courts Service · 2023-07-21 · courts
high court prepared to grant ulster bank well-charging order, pending company document the rejected defendant’s arguments over loan transfer and lien registration, but deferred final orders until files a certificate relating its conversion designated activity company. [2023] iehc 445 has said it is
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Courts Service · 2023-07-21 · courts
court of appeal replaces fully suspended sentence with one year to be served the allowed director public prosecutions’ undue-leniency application, quashed circuit sentences and resentenced jake boles for coercive control assault causing harm. has replaced boles’s five assaults harm concurrent that r
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Courts Service · 2023-07-21 · courts
high court refuses bid to exclude may 2020 email from ticketing contract case the judge found parties had not agreed treat as privileged, leaving it admissible in evidence on application. underlying dispute over contractual entitlements and sums due remains unresolved. [2023] iehc 448 has refused an
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Courts Service · 2023-07-21 · courts
high court rejects borrowers’ challenge to pepper’s security over three dublin properties the found legal arguments unsustainable, but left final orders and costs be addressed after parties were directed seek agreement. [2023] iehc 440 court, commercial has rejected a married couple’s pepper finance
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Courts Service · 2023-07-21 · courts
high court refuses leave for judicial review over tenancy and related decisions the found no arguable basis to extend time limit challenging rtb’s 2021 determination identified ground against other respondents. [2023] iehc 449 has refused an application bring proceedings arising from a determination
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Courts Service · 2023-07-21 · courts
high court refuses injunction over planned refugee accommodation at castlekeely manor the said neighbours had not shown a serious issue for trial or evidence that projected traffic would amount to an actionable nuisance. [2023] iehc 479 has refused application by mary munnelly stop kevin cooke and e
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Courts Service · 2023-07-21 · courts
high court refuses injunction over planned sale of kilclare lands the found that two minor beneficiaries had not shown an arguable basis to stop under a court-approved settlement. it also ordered proceedings against one defendant struck out as bound fail. [2023] iehc 456 refused application by at ki
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Courts Service · 2023-07-21 · courts
high court refuses summary judgment and mareva injunction in farm debt dispute a judge found that the farmer had an arguable defence over settlement payment schedule declined to freeze sale proceeds, directing him confirm undertaking instead. [2023] iehc 442 has refused kiernan milling unlimited com
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Courts Service · 2023-07-21 · courts
court of appeal refuses bid to remove two judges from smith’s cisco the ruled that prior decisions against olumide smith, his complaints about and an email-blocking allegation did not establish a reasonable apprehension bias. underlying employment remains be heard. [2023] ieca 186 has refused applic
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Courts Service · 2023-07-21 · courts
court of appeal rejects olumide smith’s bid to remove judges from cisco the declined recuse two after smith relied on earlier decisions and pending complaints judicial conduct committee. itself remained be heard. [2023] ieca 186 appeal, civil has rejected application have themselves his against syst
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Courts Service · 2023-07-21 · courts
court of appeal judge refuses recusal bid in employment equality justice donald binchy ruled that complaints filed against him did not establish grounds for a reasonable apprehension the appellant would receive an impartial hearing. [2023] ieca 186 has refused application to recuse himself from appe
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Courts Service · 2023-07-20 · courts
high court refuses leave to challenge rejection of nigerian man’s protection appeal the found applicant had not established substantial grounds for judicial review. it dismissed his application; costs and final orders remained be addressed. [2023] iehc 438 has an application by anonymised man intern
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Courts Service · 2023-07-20 · courts
court of appeal quashes three indecent assault convictions after ruling rebuttal evidence was wrongly admitted the found that cross-examination about a complainant’s recollection did not amount to an accusation recent invention, basis required admit her husband’s account earlier disclosure. has quas
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Courts Service · 2023-07-20 · courts
high court refuses stay of order transferring child to father in uk the extended time hear application but declined return ireland while appeal proceeds. itself remains undecided. [2023] iehc 601 has refused an suspend a circuit child, identified as h., live with his and father’s family united kingd
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Courts Service · 2023-07-20 · courts
high court rejects late bid to dismiss bankruptcy summons the held it could not extend 14-day deadline after an act of had occurred. dismissed liam campion’s application but left creditor’s petition proceed. [2023] iehc 435 court, a summons, ruling that be extended did decide whether underlying debt
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Courts Service · 2023-07-20 · courts
high court quashes work-only restriction on spsv licence the found condition irrational and unreasonable after a district had allowed applicant’s appeal against refusal of licence. it proposed to remit matter for be granted; final orders were still pending. [2023] iehc 437 has quashing that limited
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Courts Service · 2023-07-20 · courts
court of appeal quashes decision revoking romanian refugee’s status the minister’s 2021 relied on romania’s eu accession but did not assess current conditions for roma people or appellant’s individual circumstances, found. [2023] ieca 183 has quashed a man’s refugee status, finding that minister jus
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Courts Service · 2023-07-20 · courts
high court refuses injunction and contempt applications in mortgage dispute a judge found no fair issue for an said late affidavits did not amount to contempt. final costs orders were left later consideration. [2023] iehc 425 the has refused homeowner’s involving receiver property management company
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Courts Service · 2023-07-20 · courts
court of appeal quashes convictions and orders retrial after trial fairness concerns the said unanswered questions about a jury’s concern over possible photographing, considered alongside exclusion part appellant’s interview, made unsafe unsatisfactory. has quashed three against an anonymised appell
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Courts Service · 2023-07-20 · courts
high court dismisses challenge to ministerial power create indictable offences the held that section 3(3) of european communities act 1972 can be interpreted consistently with constitution, and dismissed judicial review. final orders were listed for a later hearing. [2023] iehc 409 has review consti
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Courts Service · 2023-07-20 · courts
high court awards costs to son who won farm ownership dispute the rejected defendants’ request make new declarations about a deed of release and awarded plaintiff his after he prevailed on central issue. [2023] iehc 434 court, circuit appeals has over half farm, ruling that unsuccessful forgery alle
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Courts Service · 2023-07-20 · courts
high court orders lender to release security after finding breaches in property loan dispute the set remaining redemption figure at €9,745.23, offset it against damages owed borrowers and ordered discharged within seven days. also restrained dylan bi from coercing plaintiffs. [2023] iehc 441 has gol
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Courts Service · 2023-07-19 · courts
high court orders continued salary pending trial in workplace dismissal dispute the found a strong case that fair procedures were breached, but made limited interim and left employer free to take further steps. [2023] iehc 424 has ordered worker be paid her applicable benefits of challenge purported
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Courts Service · 2023-07-19 · courts
high court says tipperary charge sheet can be amended, leaving prejudice decision to district the found lacked particulars of alleged covid regulation breach but ruled it was not a nullity. must decide whether amendment would unfairly accused. [2023] iehc 426 has that alleging defective because did
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Courts Service · 2023-07-18 · courts
high court dismisses patrick doherty’s bid to stop bankruptcy summons the found no real and substantial issue try over a €151,000 judgment debt, but left jurisdictional questions for any later petition. [2023] iehc 543 has dismissed application dismiss issued by blessville unlimited company, finding
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Courts Service · 2023-07-18 · courts
high court rules derelict-sites levy charge was overreached in mortgagee sale on a circuit appeal, the held that purchaser not liable for levy. it gave provisional view declaration to be made and listed case final orders. [2023] iehc 408 has ruled an unpaid when sold land under statutory power of sa
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Courts Service · 2023-07-17 · courts
court of appeal allows promontoria’s over registered land lien the held that a under section 73 could secure later lending and promontoria argue for an equitable charge. whether charge exists remains high to decide. [2023] ieca 181 appeal, civil has allowed (oyster) dac’s in well charging proceeding
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Courts Service · 2023-07-17 · courts
court of appeal dismisses on the beach over ryanair delay upheld high court’s refusal to dismiss ryanair’s claim, finding travel company had not shown prejudice from sufficient justify ending proceedings. [2023] ieca 180 has dismissed limited’s against a decision allowing claim continue. concerned w
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Courts Service · 2023-07-17 · courts
high court sets aside costs order after garnishee appeal the ruled that each side should bear its own of circuit proceedings. provisional view was there be no for appeal, subject to written submissions within 14 days. [2023] iehc 407 has allowed kenneth price’s over arising from a application, setti
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Courts Service · 2023-07-17 · courts
high court refuses dooley’s bid to appeal €10,000 penalty out of time the ruled it had no power extend statutory 30-day period. authority’s separate application confirm remained pending. [2023] iehc 419 has refused gabriel for appealing a imposed by property services regulatory authority (psra), rul
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Courts Service · 2023-07-14 · courts
high court refuses lighthouse networks challenge to broadband assessment the dismissed company’s judicial review over its kilchreest site, finding was barred as a collateral attack or, alternatively, that requested relief would be futile. it also rejected procedural and bias claims. [2023] iehc 420
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Courts Service · 2023-07-14 · courts
high court declines to order removal of wind farm cables laid across farmer’s land the found amounted trespass but said would have profoundly disproportionate consequences. it left compensation and further orders for later submissions. [2023] iehc 417 has declined dromada windfarm (roi) ltd remove h
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Courts Service · 2023-07-14 · courts
high court lifts interim freeze over trinity haus sale and insurance proceeds a judge found arguable issues the money but declined to continue freeze, saying plaintiff had not shown risk of assets being dissipated defeat judgment. [2023] iehc 416 lifted an order freezing from in dunboyne claim after
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Courts Service · 2023-07-14 · courts
supreme court allows appeal over garda presenters the upheld validity of district rule allowing members other than prosecuting member to conduct summary prosecutions, while finding that case-stated procedure was not suitable for this challenge. has allowed an concerning whether a who did initiate pr
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Courts Service · 2023-07-14 · courts
high court refuses committal application over alleged breaches of family orders the judge said a valid bankruptcy order meant it had not been established that respondent was deliberately refusing to comply, and noted only enforcement measure pursued so far. [2023] iehc 414 refused an commit man pris
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Courts Service · 2023-07-14 · courts
high court strikes out claims over galway property and mortgage charges the found against four bank of ireland defendants disclosed no reasonable cause action were an abuse process. costs remained for later consideration. [2023] iehc 428 has struck charles william allen margaret fahy’s a possession
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Courts Service · 2023-07-14 · courts
high court refuses council bid to strike out donegal woman’s injury claim the found plaintiff’s delay in pursuing her trip-and-fall case was inordinate and inexcusable, but said county had not shown moderate prejudice. [2023] iehc 427 has refused council’s application a personal over an alleged trip
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Courts Service · 2023-07-14 · courts
court of appeal rejects jonathan dowdall’s bid to cut four-year sentence the refused new evidence from his wife and dismissed appeal, finding for assisting a criminal organisation was within range not unduly severe. has against severity prison participating in or contributing activities that would f
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Courts Service · 2023-07-13 · courts
high court rejects dana scallon’s bid to make tv3 cover defamation case costs the dismissed four motions on procedural grounds, finding that had been released from actions in 2014 and ms attempt join it as a third party came too late. [2023] iehc 411 has by rosemary scallon seeking contribute or her
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Courts Service · 2023-07-13 · courts
high court awards costs after rejecting creditor’s objections to insolvency arrangement a july ruling ordered the objecting creditor pay personal practitioner’s and secured costs, amended an earlier order refused stay pending appeal, while allowing one week before final took effect. [2023] iehc 410
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Courts Service · 2023-07-13 · courts
high court orders amendment to dublin array survey licence and plans eu law referral the directed a change condition on overlapping surveys said it would refer separate question about pending projects court. challenge remains ongoing. [2023] iehc 403 has ordered minister for housing, local governmen
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Courts Service · 2023-07-12 · courts
court of appeal dismisses challenge to receiver’s interim orders over two donegal properties the upheld interlocutory relief allowing receiver ken fennell take possession and secure investment while proceedings continue. it did not decide underlying action at trial. [2023] ieca 177 has dismissed an
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Courts Service · 2023-07-12 · courts
high court refuses bid to replace executrix in taylor family estate dispute the found delays did not justify removing chosen or preventing her from seeking a further grant administer an uncle’s estate. costs were left for later mention. [2023] iehc 406 has refused application by venetia sister, sere
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Courts Service · 2023-07-12 · courts
high court awards state defendants costs in failed vaccine case application the awarded their full of opposing a protective application, with amount to be determined by legal adjudicator. it did not stay underlying case, but allowed apply for pending payment. [2023] iehc 400 has order brought three
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Courts Service · 2023-07-12 · courts
court of appeal dismisses taxpayer’s challenge over tax offsets the upheld high court’s judgment that gerard harrahill could not offset most claimed overpayments against later liabilities because claims were out time. it also left trial judge’s findings on credits for two payments undisturbed. [2023
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Courts Service · 2023-07-12 · courts
high court orders discovery in long-running mobile licence corruption claim the ordered state to disclose documents about tender process and required plaintiffs make broader on several disputed categories. underlying allegations remain unresolved. [2023] iehc 404 has ruled competing motions a case o
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Courts Service · 2023-07-12 · courts
cabot wins €495,807.03 principal judgment in high court loan case the refused borrowers leave to defend claim, while reserving interest and surcharge for a plenary hearing. [2023] iehc 405 has granted financial (ireland) limited summary against john hamill brian hamill, finding that they had raised
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Courts Service · 2023-07-12 · courts
high court awards €15,490 after accepting limerick driver suffered minor neck injury in rear-end collision the found defendant at fault for a minimal impact but accepted plaintiff’s evidence that he soft tissue injury, with symptoms lasting up to 18 months. [2023] iehc 398 has awarded philip power f
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Courts Service · 2023-07-11 · courts
district court can hear activation applications for suspended sentences imposed on appeal, of appeal rules the answered “yes” to a question referred by circuit court, ruling that original has jurisdiction under section 99(22) criminal justice act 2006. [2023] ieca 187 ruled an application activate s
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Courts Service · 2023-07-11 · courts
court of appeal cuts sentence for mother who sexually abused son the quashed an eight-year as excessive and resentenced s.h. to six a half years, with final 18 months suspended. has reduced imposed on abusing her son, ruling that original term, suspended, was excessive. in judgment delivered 11 july
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Courts Service · 2023-07-11 · courts
court of appeal dismisses challenge to sexual assault conviction the rejected three grounds appeal, including a claim about undisclosed counselling notes, and left in place. has dismissed a.m.’s against for assault, rejecting that challenged fairness safety trial. conviction, entered on 13 december
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Courts Service · 2023-07-11 · courts
high court quashes tory island ferry tender award over inadequate reasons the found minister’s explanations for preferring slí mara thoraí teo lacked specific detail and that scoring penalised other tenderer on a point documents had not required. [2023] iehc 396 has quashed of fast contract between
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Courts Service · 2023-07-11 · courts
court of appeal dismisses m.s.’s against six rape convictions the ruled that a trial judge was entitled to remind jurors defence criticisms complainant’s account had not been put her. it found judge’s comments restrained and dismissed appeal. 139/22 has convictions, finding tell certain her during t
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Courts Service · 2023-07-11 · courts
employer ordered to pay €2,000 over use of worker’s cctv image in training meeting the circuit court found that a food company infringed an employee’s gdpr rights by showing identifiable footage without proper legal basis, causing short-term non-material harm. [2023] iecc 5 court, dublin circuit, co
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Courts Service · 2023-07-11 · courts
court of appeal dismisses larry o’connor’s challenge to evidence about relationships and tensions the held that background was admissible in recognition case not persuaded trial unsatisfactory or verdict unsafe. has dismissed against convictions arising from a 2019 firearms incident at home askeaton
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Courts Service · 2023-07-11 · courts
high court appoints examiner to northern ireland company after finding its main interests were in the found it had jurisdiction under eu insolvency rules and that mac interiors a reasonable prospect of survival, but made no on any future restructuring proposals. [2023] iehc 395 appointed an limited
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Courts Service · 2023-07-11 · courts
court of appeal dismisses late over non-contributory pension decision the upheld high court’s refusal to extend deadline, finding no justifiable explanation for delay. it did not consider substance appeal. [2023] ieca 176 appeal, civil has dismissed an by cornelia mocanu against deadline challenging
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Courts Service · 2023-07-11 · courts
high court sets aside default judgment against meat companies after counsel’s family illness the found exceptional personal circumstances explained missed defence deadline and ordered defendants to pay plaintiff’s costs of both motions. [2023] iehc 402 has set a in three finding that their barrister
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Courts Service · 2023-07-10 · courts
court of appeal finds sentences for oral rape offences against foster child unduly lenient the resentenced a.w. after finding that original sentence four was a substantial departure from an appropriate sentence. it declined to return him prison, saying would be unjust his release. has found imposed
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Courts Service · 2023-07-10 · courts
high court refuses to dismiss injury claim over delay, but sets a deadline for further application the found plaintiff’s delay inordinate and inexcusable, said defendant had not shown that balance of justice required dismissal at this stage. [2023] iehc 470 has refused worker’s personal while indica
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Courts Service · 2023-07-10 · courts
high court refuses bid to set aside default judgment in mcmahon case the found defendants had not shown special circumstances for failing file a defence, and said their proposed argument about receiver appointments could succeed. [2023] iehc 393 has refused an application by patrick mcmahon, acting
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Courts Service · 2023-07-10 · courts
high court disqualifies irish bullion company director for seven years the order followed a settlement that left length of disqualification to decide. wider claims against and an associated had been compromised. [2023] iehc 392 has disqualified nicholas wickham from acting as after finding his condu
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Courts Service · 2023-07-10 · courts
high court grants start mortgages leave to enforce 2012 possession order justice garrett simons found the lender had reasonably explained delay and that no prejudice shane hanley been asserted. court’s view on costs remained provisional. [2023] iehc 387 has granted dac issue execution of a for mortg
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Courts Service · 2023-07-10 · courts
high court refuses bid to reopen limited judicial review ruling the rejected an applicant’s request revisit its decision granting leave on grounds, and joined director of public prosecutions as a notice party. [2023] iehc 386 has refused application by g. judgment that granted pursue grounds. was de
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Courts Service · 2023-07-07 · courts
high court rejects bid to make notice party pay judicial review costs the said was not responsible for legal adjudicator’s refusal consider sean kenny’s application. underlying relief agreed without objection; dispute before concerned costs. [2023] iehc 391 has refused application his be paid by sol
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Courts Service · 2023-07-07 · courts
high court dismisses algerian man’s judicial review of protection decisions the said applicant should pursue his pending appeal to international appeals tribunal and found he had not established grounds quash either decision. [2023] iehc 390 has dismissed an challenge on application, ruling that (ip
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Courts Service · 2023-07-07 · courts
high court grants bank of ireland land enforcement orders after rejecting defences the proposed well-charging and sale over three folios possession two others, while reserving questions a stay costs for later hearing. [2023] iehc 388 has granting to enforce security several westmeath properties care
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Courts Service · 2023-07-07 · courts
court of appeal says breath-test statement was not duly completed the answered a circuit judge’s legal question in negative, holding that supreme ruling dpp v freeman remained binding on signature sequence this case. [2023] ieca 174 has ruled signed by driver before garda who administered test for p
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Courts Service · 2023-07-06 · courts
high court makes no costs order after hague return proceedings for child the declined to a father pay contested that resulted in his daughter’s northern ireland, finding sufficient reason depart from usual family-law approach. [2023] iehc 413 made as under convention alice, minor, being returned ire
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Courts Service · 2023-07-06 · courts
high court lets parents’ nervous shock case continue, but rejects five grounds the ruled that a prior judgment barred claims tied to screening service, while leaving two about consultant’s 2018 disclosure for later submissions. [2023] iehc 394 has gabriel and marcella mitchell may continue their pro
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Courts Service · 2023-07-06 · courts
court of appeal cuts sentence for sexual assault 12-year-old the reduced headline term from four and a half years to two half, leaving two-year prison with no portion suspended. quashed imposed on d.h. sexually assaulting girl resentenced him years’ imprisonment. it years, then deducted six months m
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Courts Service · 2023-07-05 · courts
high court dismisses challenge to delgany housing permission; bat licence remains open the rejected applicants’ grounds against permission for 232 homes at former carmelite monastery, but invited further submissions on their separate a derogation licence. [2023] iehc 381 has dismissed judicial revie
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Courts Service · 2023-07-04 · courts
high court refuses bid to halt prosecution after finding years of culpable delay the found prosecutorial totalling two and six a half months but ruled applicant had not shown that balance factors justified prohibiting his trial. [2023] iehc 384 has refused an application prohibit man charged over al
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Courts Service · 2023-07-04 · courts
high court rejects bid to recuse judge from final orders in vaccine case the plaintiffs sought judge’s recusal after an earlier ruling on costs protection, citing its language and conclusions. rejected that application for did not decide whether he should hear any future proceedings. [2023] iehc 399
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Courts Service · 2023-07-03 · courts
high court finds grounds for return of child removed from germany the found that hans remained habitually resident in and his mother was exercising custody rights. it concluded father had not established a grave-risk defence or sufficient objection by child, but left arrangements any undertakings fu
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Courts Service · 2023-07-03 · courts
high court orders surrender to poland over unserved substitute sentence the rejected objections surrender, finding respondent had made an informed decision not take part in process and could still seek a rehearing poland. [2023] iehc 732 has ordered of man under european arrest warrant, rejecting hi
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Courts Service · 2023-07-03 · courts
high court adjourns pepper finance execution motion to allow further evidence the allowed file another affidavit on its delayed attempt enforce a 2012 judgment, but did not decide whether it can execute. company must pay motion’s costs regardless of eventual outcome. [2023] iehc 356 adjourned corpor
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Courts Service · 2023-07-03 · courts
high court rules estate house and land pass to niece under will a judge construed two conflicting residue clauses in homemade will, finding that the second would apply only if named beneficiary had died before testator. [2023] iehc 383 has ruled of william john murphy’s passes his niece, fiona murph
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Courts Service · 2023-07-03 · courts
high court keeps two dublin array challenge grounds alive for further hearing the dismissed most against a five-year foreshore licence but left challenges over pending projects and coordination condition next stage. [2023] iehc 378 in judicial review of site investigations linked to proposed offshor
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