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Courts Service · 2023-08-31 · courts

Court of Appeal awards costs to Garda Commissioner and Minister after failed injunction appeal

court of appeal awards costs to garda commissioner and minister after failed injunction the upheld high court’s order stayed execution pending substantive hearing, subject further submissions on delayed execution. [2023] ieca 222 has awarded an síochána for justice unsuccessful by john barrett, whil

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Courts Service · 2023-08-28 · courts

Supreme Court says age-mistake proof rule for under-17 sexual activity is unconstitutional

supreme court says age-mistake proof rule for under-17 sexual activity is unconstitutional the declared incompatible with constitution requirement that a defendant prove on balance of probabilities they reasonably believed child was 17 or older. burden to raise reasonable doubt remains defendant. [2

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Courts Service · 2023-08-28 · courts

High Court dismisses challenge to Data Protection Commission’s sequencing of Google inquiry

high court dismisses challenge to data protection commission’s sequencing of google inquiry the held that commission could complete its own-volition before resuming an individual complaint about google’s targeted advertising systems. it made no finding on when was first lodged. [2023] iehc 511 dismi

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Courts Service · 2023-08-24 · courts

High Court vacates land notices after finding proceedings were not pursued bona fide

high court vacates land notices after finding proceedings were not pursued bona fide the found more than seven years of inactivity and held that applicants affected by notices. underlying land-ownership remain in being. [2023] iehc 517 has ordered removal lis pendens from ten folios behind them had

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Courts Service · 2023-08-23 · courts

High Court refuses stay as dog complaint returns to District Court

high court refuses stay as dog complaint returns to district the set aside destruction order and remitted for a fresh hearing, but rejected applicant’s request pause that process pending an intended appeal. each party must bear its own costs. [2023] iehc 504 has refused returning court, finding no a

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Courts Service · 2023-08-22 · courts

High Court refuses bid to stop sale of unfinished Donegal development

high court refuses bid to stop sale of unfinished donegal development the found no fair question be tried over a receiver’s dual appointment as agent for mortgagee, on facts before it. [2023] iehc 510 has refused an application by m & j duddy developments limited three parcels land in county pending

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Courts Service · 2023-08-17 · courts

High Court refuses Townmore leave to challenge construction adjudicator before decision

high court refuses townmore leave to challenge construction adjudicator before decision the said townmore’s adjudicator’s jurisdiction should be raised at enforcement proceedings after adjudication, rather than through judicial review now. [2023] iehc 509 has refused k&j limited bring aimed stopping

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Courts Service · 2023-08-16 · courts

High Court refuses Pepper Finance leave to enforce 2012 judgment after eight years’ unexplained delay

high court refuses pepper finance leave to enforce 2012 judgment after eight years’ unexplained delay the refused all relief sought in a 2022 motion, including substitution of for acc bank, and awarded defendant his costs, subject stay if there is an appeal. [2023] iehc 503 has corporation (ireland)

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Courts Service · 2023-08-16 · courts

High Court refuses to prohibit trial of retired teacher facing 151 indecent assault charges

high court refuses to prohibit trial of retired teacher facing 151 indecent assault charges the rejected arguments about delay and prosecution’s use a nolle prosequi, but left open applications judge, including sever indictment. [2023] iehc 502 has refused an application by stop his on relating nine

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Courts Service · 2023-08-15 · courts

High Court rejects €50,000 claim over occupiers who remained at Birmayne House

high court rejects €50,000 claim over occupiers who remained at birmayne house the held that express bus was not required to remove other occupiers, and settlement did clearly make their continued presence alone trigger payment. [2023] iehc 506 has rejected ethafil limited’s application recover from

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Courts Service · 2023-08-15 · courts

High Court refuses challenge over refugee’s adult daughter’s family reunification eligibility

high court refuses challenge over refugee’s adult daughter’s family reunification eligibility the followed an earlier ruling that upheld statutory age cut-off, and said applicant’s case was also premature because she had not tried minister’s non-statutory scheme. [2023] iehc 501 has refused applicat

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Courts Service · 2023-08-15 · courts

High Court refuses broad discovery bid in dispute over Cork car park lease

high court refuses broad discovery bid in dispute over cork car park lease justice eileen roberts rejected a request for documents about alleged arrangements with two non-party witnesses and refused access to less-redacted loan sale deed, subject affidavit requirements. [2023] iehc 507 the has by de

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Courts Service · 2023-08-15 · courts

High Court dismisses claims against State defendants in possession order dispute

high court dismisses claims against state defendants in possession order dispute the ruled that could not undo earlier circuit order, even if disputed valuation certificate were shown to be fraudulent. [2023] iehc 508 has dismissed eamon carthy’s proceedings ireland, attorney general and brendan rob

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Courts Service · 2023-08-15 · courts

High Court refuses challenge to deportation process after finding residence permission was procured by fraud

high court refuses challenge to deportation process after finding residence permission was procured by fraud the rejected a pakistani citizen’s revocation of his immigration and minister’s decision proceed under irish law. final orders costs were left for written submissions. [2023] iehc 500 has ref

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Courts Service · 2023-08-11 · courts

High Court cancels tenancy ruling after finding tribunal misread tenant’s duty to prevent antisocial behaviour

high court cancels tenancy ruling after finding tribunal misread tenant’s duty to prevent antisocial behaviour the allowed an appeal on a point of law, that could not hold tenant responsible for single incident it found she reasonably have anticipated. did remit case reconsideration. [2023] iehc 491

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Courts Service · 2023-08-11 · courts

High Court grants leave to enforce €217,531 construction adjudication award

high court grants leave to enforce €217,531 construction adjudication award the rejected an employer’s fair procedures challenge, finding adjudicator was entitled reject overpayment defence that lacked a detailed valuation breakdown. [2023] iehc 490 has granted contractor two decisions requiring emp

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Courts Service · 2023-08-11 · courts

High Court refuses bid to halt planned Limerick property auction

high court refuses bid to halt planned limerick property auction mr justice garrett simons refused richard farrington’s application for an interlocutory injunction stop the 17 august 2023 sale, finding no serious issue be tried. he also ordered farrington pay defendants’ costs, with costs order stay

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Courts Service · 2023-08-11 · courts

High Court quashes dog destruction order but keeps animal in kennels pending rehearing

high court quashes dog destruction order but keeps animal in kennels pending rehearing the found district hearing procedurally unfair because owner lacked adequate notice and an opportunity to attend. it ordered a fresh hearing, with remain professional care meantime. [2023] iehc 489 has quashed des

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Courts Service · 2023-08-10 · courts

High Court refuses challenge to Minister’s marriage of convenience finding

high court refuses challenge to minister’s marriage of convenience finding the rejected a 2022 review decision revoking bangladeshi man’s eu family residence permission, that minister could revisit matter and did not have hold an interview in this case. [2023] iehc 499 has refused application quash

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Courts Service · 2023-08-10 · courts

High Court vacates lis pendens over Carlow property and bars further registrations

high court vacates lis pendens over carlow property and bars further registrations the found that patrick doyle’s 2016 proceedings had not been pursued in good faith caused unreasonable delay. it vacated registered under both its inherent jurisdiction statute, barred a property. [2023] iehc 546 has

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Courts Service · 2023-08-08 · courts

High Court admits further evidence and sends CJEU reply in Dublin 8 planning case

high court admits further evidence and sends cjeu reply in dublin 8 planning case the addressed eu court’s request for clarification about an environmental association’s participation a possible substitution of its applicant. underlying judicial review remains unresolved. [2023] iehc 496 has admitte

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Courts Service · 2023-08-03 · courts

High Court orders school to restore unfairly dismissed principal to post

high court orders school to restore unfairly dismissed principal post in a second judgment on the school’s appeal, ordered re-engagement, back pay and costs, refused stay pending possible supreme appeal. [2023] iehc 497 has board of management aodhagán ó suird as after dismissing board’s appeal agai

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