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Courts Service · 2023-10-31 · courts

Court of Appeal dismisses challenge to 2013 rape conviction

court of appeal dismisses challenge to 2013 rape conviction the found that complaints about how defence lawyers handled evidence timing did not establish trial was unfair or unsafe. [2023] ieca [not stated] has dismissed brian shaughnessy’s against his conviction, finding lawyers’ handling show he h

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Courts Service · 2023-10-31 · courts

Court of Appeal dismisses convictions appeals by two men

court of appeal dismisses convictions appeals by two men the rejected challenges to a jury direction and trial judge’s decision not give corroboration warning. has dismissed men’s against their for offences arising from same occasion involving 14-year-old complainant. considered grounds: whether abo

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Courts Service · 2023-10-31 · courts

Court of Appeal dismisses Pascal Kelly’s challenge to Bayside post office robbery convictions

court of appeal dismisses pascal kelly’s challenge to bayside post office robbery convictions the rejected four grounds concerning garda identifications and cctv evidence. remain in place; separate against sentence was not decided this judgment. [2023] ieca 285 has dismissed his for seven offences a

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Courts Service · 2023-10-31 · courts

Court of Appeal replaces suspended sentence with three-and-a-half years for sexual assault

court of appeal replaces suspended sentence with three-and-a-half years for sexual assault the found original fully unduly lenient, imposed a prison term and its final 12 months subject to conditions. has quashed on dean haig resentenced him years’ imprisonment, two pleaded guilty full facts basis o

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Courts Service · 2023-10-31 · courts

High Court keeps stay on foreshore licence, with limited survey exception

high court keeps stay on foreshore licence, with limited survey exception the continued pending final determination, allowing metocean surveys using flidar units and buoys. judicial review remains ongoing, certiorari claim kept live at least until a cjeu judgment. [2023] iehc 592 has licence challen

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Courts Service · 2023-10-27 · courts

High Court asks EU court to fast-track ruling on Dublin Array licence challenge

high court asks eu to fast-track ruling on dublin array licence challenge the is referring an eu-law question about habitat assessment and has requested expedited treatment. it not decided foreshore licence. [2023] iehc 590 asked of justice european union (cjeu) deal urgently with a preliminary refe

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Courts Service · 2023-10-27 · courts

High Court dismisses residents’ final bid for declaration in Hellfire Massy planning case

high court dismisses residents’ final bid for declaration in hellfire massy planning case the said european court’s guidance on when a protected-species derogation must be obtained did not arise facts before it. [2023] iehc 591 has dismissed module of association’s challenge to legislation linked vi

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Courts Service · 2023-10-27 · courts

High Court narrows challenge to Carrownagowan wind farm permission

high court narrows challenge to carrownagowan wind farm permission the refused broad requests concerning historical forestry consents, dismissed a discovery motion and allowed judicial review continue on remaining grounds. [2023] iehc 579 has narrowed challenging for proposed farm, discharging leave

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Courts Service · 2023-10-27 · courts

Court of Appeal dismisses challenge to company membership register correction

court of appeal dismisses challenge to company membership register correction the upheld high court’s decision ossory road enterprise park limited as a member orlington clg while separate property sale remains unresolved. [2023] ieca 256 appeal, civil has dismissed an by and declan rogers against or

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Courts Service · 2023-10-27 · courts

High Court grants limited leave in challenge to protection appeal decision

high court grants limited leave in challenge to protection appeal decision the applicants may pursue two grounds judicial review proceedings; was refused on three others. [2023] iehc 638 has granted for a family’s an international decision, allowing proceed while refusing ex tempore delivered 27 oct

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Courts Service · 2023-10-27 · courts

High Court dismisses personal injuries case after years without replies to particulars

high court dismisses personal injuries case after years without replies to particulars the found plaintiff’s delay inexcusable and said it had compromised prospect of a fair trial. dismissal was decision on injury claim’s merits. [2023] iehc 584 has dismissed action over road traffic accident findin

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Courts Service · 2023-10-27 · courts

High Court refuses leave to challenge protection appeal decision

high court refuses leave to challenge protection appeal decision the applicant argued that appeals tribunal should have told him whether it would hold an oral hearing before deciding his appeal. found no substantial grounds for challenge. [2023] iehc 636 has refused bring a judicial review internati

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Courts Service · 2023-10-27 · courts

Court of Appeal dismisses challenge to 60% family-law costs order

court of appeal dismisses challenge to 60% family-law costs order the concerned a high requiring appellant pay other party’s costs. upheld it, finding no basis interfere with trial judge’s assessment. [2023] ieca 264 has dismissed an against woman proceedings. also covered reserved on certain earlie

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Courts Service · 2023-10-26 · courts

High Court dismisses pastry chef’s claim after finding truck driver was on his side of the road

high court dismisses pastry chef’s claim after finding truck driver was on his side of the road accepted that plaintiff’s car crossed into path truck. it found defendant not liable and dismissed claim. [2023] iehc 597 has a by chef seriously injured in collision with truck, correct had swerved towar

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Courts Service · 2023-10-25 · courts

High Court grants special care orders for three children amid bed shortage

high court grants special care orders for three children amid bed shortage justice jordan granted the sought b, m and f, finding statutory requirements met. he refused stays in cases of b m; judgment gives no stay ruling f. [2023] iehc 632 on 25 october 2023, despite child family agency telling that

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Courts Service · 2023-10-25 · courts

High Court refuses extension for wind farm challenge filed one day late

high court refuses extension for wind farm challenge filed one day late the refused to extend deadline a judicial review of permission 21-turbine at castlebanny, then set aside leave order and dismissed application as out time. [2023] iehc 577 has time planning county kilkenny, after was statutory d

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Courts Service · 2023-10-25 · courts

High Court orders father to pay costs after breaches of child-return orders

high court orders father to pay costs after breaches of child-return the ruling followed father’s failure return or produce three children as directed an unsuccessful appeal order for their england. [2023] iehc 568 ordered a mother’s legal arising rejected his challenge addressed proceedings over su

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Courts Service · 2023-10-25 · courts

High Court refuses request to revisit judgment in company registrar case

high court refuses request to revisit judgment in company registrar case mr justice barr said the applicant had not shown strong reasons reopen july 2023 judgment. directed that respondent receive costs, subject a 28-day stay. [2023] iehc 613 has refused an application by arnaud gaultier delivered h

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Courts Service · 2023-10-24 · courts

High Court dismisses challenge to tobacco tax-stamp offence

high court dismisses challenge to tobacco tax-stamp offence the rejected a offence’s strict-liability basis and sentencing restrictions. it dismissed claim said would hear parties on costs. [2023] iehc 588 has darragh galvin’s constitutionality of related costs; did not decide pending criminal charg

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Courts Service · 2023-10-24 · courts

High Court rejects Garda appeal over discovery in wrong-house search case

high court rejects garda appeal over discovery in wrong-house search case the concerned access to sworn warrant material and records about why gardaí believed warrant’s target lived at plaintiff’s home. upheld order, leaving any privilege claims for a later hearing. [2023] iehc 680 has rejected comm

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Courts Service · 2023-10-24 · courts

Kiernan Milling ordered to pay costs after losing summary judgment motion

kiernan milling ordered to pay costs after losing summary judgment motion the high court awarded defendant his of motion, with enforcement stayed until underlying proceedings are determined. each party must bear its own a separate mareva motion. [2023] iehc 582 has unlimited company defendant’s unsu

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Courts Service · 2023-10-24 · courts

Bristow awarded most costs in CHC contract challenge, but not for overlapping submissions

bristow awarded most costs in chc contract challenge, but not for overlapping submissions the high court ruled on ireland ltd.’s as a notice party after it helped defeat dac’s attempt to suspend public award. [2023] iehc 581 court, commercial has ltd. of its proceedings brought by dac, while excludi

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Courts Service · 2023-10-24 · courts

High Court quashes full protection appeal decision for fresh hearing

high court quashes full protection appeal decision for fresh hearing the set aside tribunal’s entire decision, including its finding that a south african family had well-founded fear of persecution, so can be reconsidered using current country information. [2023] iehc 589 has quashed international a

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Courts Service · 2023-10-20 · courts

High Court upholds most of injunction over unauthorised development near Cobh

high court upholds most of injunction over unauthorised development near cobh the accepted that a site entrance pre-dated seven-year limit, but said remaining planning breaches warranted an injunction. it reserved precise terms its order for further hearing. [2023] iehc 574 court, circuit appeals ha

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Courts Service · 2023-10-20 · courts

High Court dismisses challenge to recommendation that Bangladeshi man not be allowed to stay

high court dismisses challenge to recommendation that bangladeshi man not be allowed stay the held decision-maker knew how as came ireland and of social workers’ view, but found transfer circumstances report did materially bear on statutory criteria. [2023] iehc 580 has dismissed as’s judicial revie

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Courts Service · 2023-10-20 · courts

High Court orders Discord Netherlands to disclose information in intimate image case

high court orders discord netherlands to disclose information in intimate image case the order supports an intended representative data protection action brought by digital rights ireland on behalf of six women. judgment does not decide that or make a final finding organisation’s eligibility. [2023]

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Courts Service · 2023-10-19 · courts

High Court dismisses challenge to Food Vision 2030 Government support

high court dismisses challenge to food vision 2030 government support the found strategy was non-binding and too general require environmental assessments argued for in case. it also rejected applicant’s access-to-information eu-law transposition claims. [2023] iehc 562 has dismissed friends of iris

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Courts Service · 2023-10-19 · courts

Court of Appeal refuses leave to challenge LSRA complaint decisions

court of appeal refuses leave to challenge lsra complaint decisions the held that applicant had not shown arguable grounds for judicial review authority’s findings about his complaints against a solicitor. [2023] ieca 252 has refused an seek two legal services regulatory authority (lsra) concerning

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Courts Service · 2023-10-19 · courts

High Court grants leave to challenge data watchdog’s handling of work-phone complaint

high court grants leave to challenge data watchdog’s handling of work-phone complaint the found an arguable case that protection commission had focused on personal unrelated work and not examined work-related part complaint. it did decide underlying dispute. [2023] iehc 567 has granted eamon mcshane

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Courts Service · 2023-10-19 · courts

High Court refuses injunction to stop sale of Meath property

high court refuses injunction to stop sale of meath property the found no serious issue be tried over receivers’ authority or alleged undervaluation, and held that damages would adequate. [2023] iehc 593 has refused francis harte’s application a mortgaged in county meath, finding he had not raised a

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Courts Service · 2023-10-19 · courts

High Court denies liquidator use of company funds for his legal costs

high court denies liquidator use of company funds for his legal costs the found an application about a creditor’s claim were not properly incurred in liquidation and declined to make proposed order. [2023] iehc 566 has refused allow doonbeg investment holding limited recover creditor-claim from comp

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Courts Service · 2023-10-17 · courts

Court of Appeal dismisses bid to block action over two Meath properties

court of appeal dismisses bid to block action over two meath properties the left dispute loans’ ecb-linked interest rate for trial, but held that balance justice did not support interim injunctions. [2023] ieca 250 has dismissed brendan o’reilly and darren o’reilly’s against refusal injunctions conc

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Courts Service · 2023-10-17 · courts

High Court dismisses Web Summit appeal over €20,000 tenancy damage order

high court dismisses web summit appeal over €20,000 tenancy damage order the upheld tribunal’s finding that waste from a kitchen sink caused beyond normal wear and tear at rented dublin 6 property. [2023] iehc 634 has dismissed services limited’s against tribunal requiring it to pay its landlord for

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Courts Service · 2023-10-16 · courts

High Court sets aside default judgment in solicitor negligence action

high court sets aside default judgment in solicitor negligence action the allowed defendant to defend claim after finding special circumstances around late delivery of a defence, but ordered her pay costs motion and notice trial. [2023] iehc 552 has set subsequent trial professional against susan fe

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Courts Service · 2023-10-16 · courts

Court of Appeal rejects bid for a longer suspended term in burglary sentence

court of appeal rejects bid for a longer suspended term in burglary sentence the said sentencing judge had already 18 months to encourage rehabilitation and found no basis suspend more. has dismissed john delaney’s against severity his criminal damage, finding error judge’s decision prison term. app

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Courts Service · 2023-10-16 · courts

High Court orders Ammi Burke to pay costs after finding hearing conduct was an abuse of process

high court orders ammi burke to pay costs after finding hearing conduct was an abuse of process the order covers recusal application and substantive judicial review proceedings on a legal practitioner client basis, with specified transcript adjourned-hearing excluded. [2023] iehc 560 has ordered res

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Courts Service · 2023-10-16 · courts

Court of Appeal dismisses challenge to inquest verdict on baby Tommy Spencer’s death

court of appeal dismisses challenge to inquest verdict on baby tommy spencer’s death the upheld high court’s refusal quash jury’s natural-causes verdict, finding evidence support it. it directed written submissions costs; no final costs order was recorded in judgment. [2023] ieca 248 appeal, civil h

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Courts Service · 2023-10-16 · courts

High Court allows Leinster Leader publisher to be added to defamation case

high court allows leinster leader publisher to be added defamation case the extended time limit for dylan hughes pursue formpress publishing over an article that wrongly identified him, finding misleading information on newspaper’s website explained delay. [2023] iehc 635 has allowed add limited his

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Courts Service · 2023-10-16 · courts

High Court defers eviction bid after undertakings over Clifden guesthouse

high court defers eviction bid after undertakings over clifden guesthouse the said owner had a strong, but not final, case that agreement was licence breached by unauthorised alterations. it resolved interim application through and directions aimed at safety speedy trial. [2023] iehc 576 did order o

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Courts Service · 2023-10-13 · courts

Supreme Court upholds ruling admitting alleged wardship interview statements

supreme court upholds ruling admitting alleged wardship interview statements the held that trial judge wrongly excluded attributed to bk, but left question of a retrial for separate hearing. [2023] iesc 23 has upheld appeal’s decision admissions made by bk during psychological assessment in proceedi

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Courts Service · 2023-10-13 · courts

Court of Appeal dismisses Crowley’s appeal over claims linked to repossession and prosecution

court of appeal dismisses crowley’s over claims linked to repossession and prosecution the upheld dismissal against two gardaí, a solicitor law firm. it provisionally proposed costs order for respondents, subject further written submissions. [2023] ieca 247 has dismissed brian high court’s garda cau

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Courts Service · 2023-10-13 · courts

Appeal court restores hotel sale claim for full hearing

appeal court restores hotel sale claim for full hearing the of set aside high court’s dismissal maria keena’s over ard rí hotel, finding there was a prima facie case to be heard. it did not decide whether she is entitled specific performance. [2023] ieca 249 appeal; from has by keena proposed purcha

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Courts Service · 2023-10-13 · courts

High Court grants Revenue judgment for €144,788.50 in VAT penalties

high court grants revenue judgment for €144,788.50 in vat penalties the found defendant had disclosed no credible defence to a summary application. it left costs open written submissions before making final order. [2023] iehc 551 has allowed collector general enter against solicitor cormac lohan €14

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Courts Service · 2023-10-13 · courts

Court of Appeal dismisses murder appeal over refusal to leave provocation defence to jury

court of appeal dismisses murder over refusal to leave provocation defence jury the held there was insufficient evidence either a provocative act or loss self-control put partial before jury. has dismissed renato gehlen’s against his conviction, ruling that trial judge right not concerned only wheth

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Courts Service · 2023-10-13 · courts

High Court orders limited disclosure in ESB payments case

high court orders limited disclosure in esb payments case the proposed an order requiring two construction companies to disclose dates and amounts of linked four north dublin sites, names people who demanded or received them. it refused several other requests. [2023] iehc 571 has richmond homes arkm

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Courts Service · 2023-10-13 · courts

Court of Appeal upholds murder conviction after rejecting provocation and intoxication grounds

court of appeal upholds murder conviction after rejecting provocation and intoxication grounds the found cancellation a child’s visit could not amount to in law said was significant part defence at trial. has upheld edmundas dauksa’s conviction, his arguments that should have gone jury inadequately

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Courts Service · 2023-10-13 · courts

High Court orders agency to act on special care applications for two children

high court orders agency to act on special care applications for two children the found that child and family had breached statutory duties after delaying formal determinations applications, despite acknowledging both needed care. [2023] iehc 559 has ordered immediately its 16-year-old who accepted

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Courts Service · 2023-10-12 · courts

High Court orders preliminary trial of constitutional challenge over alleged UK aircraft agreement

high court orders preliminary trial of constitutional challenge over alleged uk aircraft agreement the directed a on whether pleadings disclose cause action, but declined to send broader security-related question trial. [2023] iehc 547 has ordered gerard craughwell’s action in his concerning an allo

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Courts Service · 2023-10-12 · courts

High Court orders Iveagh Markets ownership to be tried first in trespass dispute

high court orders iveagh markets ownership to be tried first in trespass dispute the set a modular trial, with title issues module and constitutional challenge reserved for final if needed. it made no ruling on ownership. [2023] iehc 557 has ordered that of considered trial arising from competing cl

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Courts Service · 2023-10-12 · courts

High Court grants receiver interim control of Reillys’ Dublin rental property

high court grants receiver interim control of reillys’ dublin rental property justice butler found the had a strong arguable case valid appointment and that balance favoured orders. ruling is interlocutory; underlying dispute remains for trial. [2023] iehc 554 has granted possession owned by brian i

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Courts Service · 2023-10-12 · courts

High Court says hotel investors validly exercised put option in €231,673 stamp duty dispute

high court says hotel investors validly exercised put option in €231,673 stamp duty dispute the allowed appeal on central issue, finding retained right to exercise option. it held their notice could attract under section 31, while leaving a separate 31a question unanswered. [2023] iehc 555 has ruled

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Courts Service · 2023-10-12 · courts

High Court quashes deportation notice over ‘very exceptional circumstances’ clause

high court quashes deportation notice over ‘very exceptional circumstances’ clause the ruled that immigration law did not give minister for justice power to reserve a right deport person after they had left ireland voluntarily under notice’s options. [2023] iehc 556 has quashed notification issued a

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Courts Service · 2023-10-12 · courts

High Court declares no valid driving-licence charge remained after District Court reinstatement

high court declares no valid driving-licence charge remained after district reinstatement the held that judge had power to revisit a spoken decision, but reason given for reinstating was not fair or properly connected separate insurance case. [2023] iehc 550 has declared subsisted against ronan corr

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Courts Service · 2023-10-12 · courts

Court of Appeal dismisses teenager’s appeal against detention sentence

court of appeal dismisses teenager’s against detention sentence the found no sentencing error after a young offender argued that his age and prospect transfer to an adult prison warranted lower sentence. has dismissed o.g.p.’s severity imposed for offences committed when he was about 13, concluding

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Courts Service · 2023-10-12 · courts

High Court refuses inquiry into Castlerea prisoner’s detention

high court refuses inquiry into castlerea prisoner’s detention the found that complaints about conviction and trial should be pursued through an appeal or other appropriate proceedings, did not order article 40 inquiry. [2023] iehc 707 has refused application for of martin o’toole, who is also known

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Courts Service · 2023-10-11 · courts

High Court refuses interim suspension of doctor over rape allegations, imposes strict conditions

high court refuses interim suspension of doctor over rape allegations, imposes strict conditions the said allegations were extremely serious but declined to suspend pending fitness-to-practise proceedings or any criminal trial, finding that undertakings could protect public in interim. [2023] iehc 6

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Courts Service · 2023-10-11 · courts

Court of Appeal dismisses challenge to summary judgments over €1.76m debt

court of appeal dismisses challenge to summary judgments over €1.76m debt the rejected cormac lohan’s against for allied irish banks and aib mortgage bank, finding that restructuring offer he relied on was not returned within required period. it also refused consider a new particulars. [2023] ieca 2

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Courts Service · 2023-10-11 · courts

High Court orders hospital company to provide €1.79m security for VHI’s costs

high court orders hospital company to provide €1.79m security for vhi’s costs the found had not shown special circumstances refuse security, while limiting order estimated from that point through trial. [2023] iehc 553 has ordered limerick private limited €1,790,500 in voluntary health insurance boa

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Courts Service · 2023-10-11 · courts

High Court orders creditor votes on EFW21 restructuring schemes after revised disclosures

high court orders creditor votes on efw21 restructuring schemes after revised disclosures the found final scheme circular was not manifestly deficient for convening meetings, while leaving questions about companies’ handling of investor funds and schemes’ merits other proceedings or a later sanction

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Courts Service · 2023-10-10 · courts

High Court orders homeowner to withdraw planning appeal in Carrickmines housing dispute

high court orders homeowner to withdraw planning appeal in carrickmines housing dispute the granted a mandatory interlocutory injunction developer, finding it had strong case that settlement required be withdrawn immediately. underlying contract remains for trial. [2023] iehc 747 has ordered take st

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Courts Service · 2023-10-09 · courts

Court of Appeal dismisses challenge to Wexford possession order

court of appeal dismisses challenge to wexford possession order the rejected simon kavanagh’s against a high ruling refusing reopen an unappealed judgment, finding no exceptional basis set it aside. has dismissed decision his application aside 2016 concerning property in county wexford. judgment del

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Courts Service · 2023-10-09 · courts

Court of Appeal affirms dismissal of Tom Darcy’s constitutional challenge after six-year delay

court of appeal affirms dismissal tom darcy’s constitutional challenge after six-year delay the upheld high court’s decision to strike out proceedings challenging 2013 act, finding that indication he would not pursue case weighed decisively in favour dismissal. [2023] ieca 243 has affirmed constitut

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Courts Service · 2023-10-09 · courts

High Court refuses injunction to stop sale of Monaghan farmland

high court refuses injunction to stop sale of monaghan farmland the found no fair question be tried on application and said delay, balance justice plaintiff’s undertaking as damages weighed against relief. [2023] iehc 564 has refused kieran mckenna’s for an interlocutory prevent a receiver completin

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Courts Service · 2023-10-09 · courts

Court of Appeal dismisses challenge to discovery of post-accident medical records

court of appeal dismisses challenge to discovery post-accident medical records the upheld an order requiring a man suing over leg injury disclose treatment for five months after accident. it did not decide underlying claim. [2023] ieca 240 has dismissed james egan’s against him relating in accident

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Courts Service · 2023-10-09 · courts

Court of Appeal dismisses challenge to sexual assault prosecution procedure

court of appeal dismisses challenge to sexual assault prosecution procedure the held that a charge sheet could proceed despite an earlier summons for same alleged offence, while leaving underlying district trial. [2023] ieca 253 has dismissed t.l.’s against refusal judicial review decision continue

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Courts Service · 2023-10-09 · courts

High Court sends Carrowleagh wind farm valuation dispute back to Valuation Tribunal

high court sends carrowleagh wind farm valuation dispute back to tribunal the must reconsider whether commissioner properly relied on a statutory process for valuing spanning mayo and sligo. [2023] iehc 542 has sent over of tribunal, finding that breached fair procedures when it declined consider an

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Courts Service · 2023-10-09 · courts

High Court refuses leave to challenge legal aid refusal over tenancy appeal

high court refuses leave to challenge legal aid refusal over tenancy appeal the found no arguable basis board’s decision, after considering proposed appeal, applicant’s disability and statutory tests for aid. [2023] iehc 569 has refused an applicant bring judicial review proceedings challenging gran

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Courts Service · 2023-10-09 · courts

Court of Appeal dismisses challenge over mental health care for LW

court of appeal dismisses challenge over mental health care for lw the affirmed a high declaration that hse must provide appropriate within constraints act, but declined to order specific services or decide whether had been complied with. [2023] ieca 244 has dismissed an by and rl lw, affirming serv

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Courts Service · 2023-10-09 · courts

High Court refuses early ruling on EPA wastewater licence review

high court refuses early ruling on epa wastewater licence review the dismissed peter sweetman’s motion for declarations about remedial assessment, finding epa’s statutory should run its course first. [2023] iehc 784 has refused request an whether environmental protection agency must carry out a asse

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Courts Service · 2023-10-09 · courts

Court of Appeal quashes PIAB assessment over unclear treatment of lesser injuries

court of appeal quashes piab assessment over unclear treatment lesser injuries the allowed tara wolfe’s and sent her personal injury back to board for reconsideration adequate reasons explaining how additional affected general damages. [2023] ieca 245 has quashed a (piab) €11,000 in damages wolfe, f

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Courts Service · 2023-10-09 · courts

High Court rules Mac Interiors scheme cannot proceed after creditor class rejected

high court rules mac interiors scheme cannot proceed after creditor class rejected the found scheme’s sole approving of impaired creditors was improperly formed, leaving no valid vote and jurisdiction to confirm proposals. [2023] iehc 549 has ruled it had a proposed examinership for limited finding

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Courts Service · 2023-10-06 · courts

High Court refuses CFA detention application for ward, requiring new proceedings

high court refuses cfa detention application for ward, requiring new proceedings the said child and family agency must start again in central office if it pursues under court’s inherent jurisdiction. identified independent medical evidence that a fresh should include. [2023] iehc 565 court, wards of

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Courts Service · 2023-10-06 · courts

Court of Appeal dismisses challenge to receiver’s possession of land at Kilmurray House

court of appeal dismisses challenge to receiver’s possession land at kilmurray house the upheld an interim high order giving a receiver behind defendants’ home, while leaving their wider defence for trial. [2023] ieca 239 has dismissed peter and joan mccann’s against interlocutory requiring them han

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Courts Service · 2023-10-06 · courts

Court of Appeal dismisses doctor’s challenge to Medical Council inquiry

court of appeal dismisses doctor’s challenge to medical council inquiry the upheld high court’s dismissal samuel van eeden’s action, finding disciplinary allegations were not same issues as charges on which he had been acquitted. [2023] ieca 230 has dismissed a against his action seeking stop fitnes

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Courts Service · 2023-10-06 · courts

High Court finds Handprint coffee outlet breached Starbucks exclusivity clause

high court finds handprint coffee outlet breached starbucks exclusivity clause the awarded rexbay €116,518 for losses arising from breach, but left final form of order, costs and any courts acts interest a further hearing. [2023] iehc 563 has found that operating inside freshii unit at point village

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Courts Service · 2023-10-06 · courts

Court of Appeal dismisses challenge to €5,000 appeal fee

court of appeal dismisses challenge to €5,000 fee the held that rules requiring applied denis riordan’s over assessor’s no-compensation determination. it also found tribunal’s reasons adequate. [2023] ieca 236 has dismissed against dismissal his judicial review a required bring an before irish finan

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Courts Service · 2023-10-06 · courts

Appeal court sends Promontoria’s property claim back to High Court

appeal court sends promontoria’s property claim back to high the of found that a 2013 loan letter did not, on its own, end an earlier equitable mortgage by deposit. it remitted case, while formally refusing over proposed amendment. [2023] ieca 237 has promontoria (aran) limited’s against kevin gilro

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Courts Service · 2023-10-05 · courts

Smiths awarded full costs after overturning property rights ruling

smiths awarded full costs after overturning property rights ruling the court of appeal rejected jackson way properties’ bid to reduce defendants’ costs, finding their unsuccessful alternative arguments had not materially increased litigation costs. [2023] ieca 234 has thomas kevin smith and mairead

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Courts Service · 2023-10-04 · courts

Court of Appeal orders each side to bear its own costs in Cliffs of Moher car park case

court of appeal orders each side to bear its own costs in cliffs moher car park case the ruled that environmental protections applied diamrem limited’s unsuccessful planning and awarded it written submissions. [2023] ieca 235 has ordered limited visitors centre clare county council their an concerni

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Courts Service · 2023-10-04 · courts

Court of Appeal awards Cisco costs of failed recusal application, with enforcement stayed

court of appeal awards cisco costs failed recusal application, with enforcement stayed the said was entirely successful in opposing olumide smith’s application to recuse two judges. it ordered but execution until underlying concludes. [2023] ieca 238 has smith pay systems internetworking (ireland) l

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Courts Service · 2023-10-03 · courts

Court of Appeal sends two immigration scheme reviews back for fresh decisions

court of appeal sends two immigration scheme reviews back for fresh decisions the appeals succeeded because review did not clearly show that applicants’ evidence and arguments had been assessed on their merits. [2023] ieca 227 has allowed over refusals under a special scheme, directing applications

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Courts Service · 2023-10-03 · courts

Court of Appeal refuses challenges to student immigration scheme decisions

court of appeal refuses challenges to student immigration scheme decisions the held that prior findings dishonest conduct could support refusals under scheme’s good-character-and-conduct criterion, and applicants had not shown their review materials were ignored. [2023] ieca 227 has refused appeals

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Courts Service · 2023-10-03 · courts

Court of Appeal dismisses challenge to €11.4m judgment against borrower

court of appeal dismisses challenge to €11.4m judgment against borrower the upheld high for cave projects limited after finding that john kelly’s admissions and other evidence supported debt. it did not decide his argument about company’s credit-servicing authorisation. [2023] ieca 241 has dismissed

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Courts Service · 2023-10-03 · courts

Court of Appeal orders fresh review of two residency scheme refusals

court of appeal orders fresh review two residency scheme refusals the appeals found decisions did not show whether new material had been weighed in assessing applicants’ character and conduct. [2023] ieca 227 has allowed over under a sent applications back to minister for justice reconsideration. sa

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Courts Service · 2023-10-03 · courts

High Court quashes family visa refusal over failure to assess child’s constitutional rights

high court quashes family visa refusal over failure to assess child’s constitutional rights the upheld minister’s assessment of parents’ marriage evidence but found decision did not separately consider before refusing visas for him and his mother. [2023] iehc 545 has quashed a reunification woman he

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Courts Service · 2023-10-02 · courts

Court of Appeal keeps Coast Guard contract award suspension lifted

court of appeal keeps coast guard contract award suspension lifted the dismissed chc ireland’s appeal, allowing minister for transport to proceed with bristow while chc’s challenge procurement continues. [2023] ieca 229 has ireland dac’s against an order sign a limited provide irish guard’s aviation

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Courts Service · 2023-10-02 · courts

High Court refuses challenge to Special Criminal Court verdict rules

high court refuses challenge to special criminal verdict rules the rejected an application arguing that majority verdicts and non-disclosure of whether a was unanimous breached constitutional rights. applicant’s conviction sentence were not set aside. [2023] iehc 538 has refused alan harte’s court’s

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Courts Service · 2023-10-02 · courts

Court of Appeal dismisses costs appeals in joined Norwich Pharmacal cases

court of appeal dismisses costs appeals in joined norwich pharmacal cases the upheld high court’s order, finding no basis to interfere with its exercise discretion. [2023] ieca 336 has dismissed by aoife moore and alison morris against a order made proceedings involving applications for information

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Courts Service · 2023-10-02 · courts

High Court upholds orders for sale of two properties in divorce case

high court upholds orders for sale of two properties in divorce case the dismissed an appeal against circuit enforcing a 2020 order, including land owned by appellant. it left distribution that land’s proceeds undecided. [2023] iehc 570 has property arrangements made when couple divorced, ruling had

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Courts Service · 2023-10-02 · courts

High Court quashes HSE complaints decision over child’s disability services

high court quashes hse complaints decision over child’s disability services the found officer had not investigated a family’s complaint about listed in reviewed service statement. it ordered reconsidered, without deciding whether been provided. [2023] iehc 537 has quashed an officer’s rejecting for

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