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Courts Service · 2024-03-28 · courts

High Court ends €385 monthly spousal maintenance after appeal

high court ends €385 monthly spousal maintenance after appeal the discharged a order dating from 2005, finding that applicant’s income and housing costs exceeded respondent’s. it refused his request to recover sums already paid. [2024] iehc 185 court, circuit has an requiring respondent pay former s

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Courts Service · 2024-03-28 · courts

High Court finds welfare appeals officer mishandled means assessment in disability allowance case

high court finds welfare appeals officer mishandled means assessment in disability allowance case the ordered reconsideration of one part an applicant’s case, but upheld refusal to revise separate decision on her medical eligibility. [2024] iehc 187 has ruled that a social wrongly excluded relevant

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Courts Service · 2024-03-27 · courts

High Court discharges order for discovery of injured plaintiff’s medical records

high court discharges order for discovery of injured plaintiff’s medical records the defendants had not shown that three categories were relevant and necessary to damages assessment. judge also set out a provisional view on motion’s costs. [2024] iehc 179 has discharged an requiring woman who brough

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Courts Service · 2024-03-26 · courts

Court of Appeal dismisses Coyles’ challenge to restrictions on litigation and council contact

court of appeal dismisses coyles’ challenge to restrictions on litigation and council contact the upheld high orders made curb repeated proceedings against decobake’s liquidator dublin city council. it also left in place direct communications with named officials. [2024] ieca 67 appeal, civil has di

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Courts Service · 2024-03-26 · courts

Court of Appeal dismisses four appeals over claims linked to Dingle Harbour dredging dispute

court of appeal dismisses four appeals over claims linked to dingle harbour dredging dispute the upheld high court’s decision strike out john cronin’s proceedings against public officials, finding an abuse process. it left costs open written submissions. [2024] ieca 66 appeal; from has dismissed by

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Courts Service · 2024-03-25 · courts

High Court refuses TM’s challenge to detention pending deportation

high court refuses tm’s challenge to detention pending deportation the found lawful for purposes of article 40 inquiry, while leaving questions about time seek judicial review a later hearing. [2024] iehc 216 has refused an application by tm, south african national detained in cloverhill prison, rel

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Courts Service · 2024-03-25 · courts

High Court allows limited amendments in Roscam planning challenge

high court allows limited amendments in roscam planning challenge the permitted applicants to file a second amended statement of grounds, excluding several proposed additions it found went beyond providing particulars. [2024] iehc 156 has allowed challenging permission for development but excluded t

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Courts Service · 2024-03-22 · courts

High Court asks EU court whether Irish crime-compensation scheme must cover pain and suffering

high court asks eu whether irish crime-compensation scheme must cover pain and suffering the reference concerns a spanish-born assault victim awarded €645.65 for expenses after serious eye injury; has not decided he is entitled to further compensation. [2024] iehc 171 of ireland referred questions j

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Courts Service · 2024-03-22 · courts

Court of Appeal replaces sentence in €1.25m heroin case with six years, two suspended

court of appeal replaces sentence in €1.25m heroin case with six years, two suspended the found original headline significantly below appropriate range, quashed it and resentenced respondent after considering offence his mitigation. has a unduly lenient for man who pleaded guilty to possessing worth

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Courts Service · 2024-03-22 · courts

High Court quashes decision to discontinue Garda assault complaint investigation

high court quashes decision to discontinue garda assault complaint investigation the sent back síochána ombudsman commission for further consideration, finding that its second appeared apply a standard of certainty instead statutory test. [2024] iehc 197 has quashed by (gsoc) gavin tierney’s punched

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Courts Service · 2024-03-22 · courts

High Court dismisses South African couple’s challenge to protection refusals and safe-country designation

high court dismisses south african couple’s challenge to protection refusals and safe-country designation the extended time for judicial review found couple had standing, but rejected their challenges of africa tribunal’s decisions on claims. [2024] iehc 184 has dismissed a refusal international cla

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Courts Service · 2024-03-22 · courts

High Court gives parties six weeks to add US law evidence in CNN defamation case

high court gives parties six weeks to add us law evidence in cnn defamation case the deferred its decision on defendants’ application stay irish proceedings, finding insufficient compare possible forums. [2024] iehc 140 has given both sides a brought by declan ganley and rivada networks ltd against

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Courts Service · 2024-03-22 · courts

Court of Appeal dismisses J.B.’s appeal against four rape convictions

court of appeal dismisses j.b.’s against four rape convictions the rejected challenges to trial rulings and refused an application introduce fresh evidence. it said proposed evidence did not meet threshold for admission. 55/21 has dismissed aggravated rape, rejecting a unanimous jury convicted j.b.

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Courts Service · 2024-03-22 · courts

High Court proposes to quash planning refusal over inadequate reasons

high court proposes to quash planning refusal over inadequate reasons the found an bord pleanála had not explained why it rejected its inspector’s recommendation grant permission. proposed order quashing 2020 and listed case for consequential matters, including costs. [2024] iehc 194 that failed giv

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Courts Service · 2024-03-22 · courts

Court of Appeal rejects Foot Locker’s bid to suspend rent during Covid closures

court of appeal rejects foot locker’s bid to suspend rent during covid closures the dismissed retailer’s appeal, holding that irish law does not recognise temporary or partial frustration a lease. it left lease’s agreed obligations in place. [2024] ieca 65 has locker retail ireland limited’s over fo

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Courts Service · 2024-03-22 · courts

High Court awards costs on bias claim but excludes WhatsApp issue

high court awards costs on bias claim but excludes whatsapp issue the dismissed enoch burke’s interlocutory injunction application and ordered him to pay defendants’ for defending ground, excluding tied a recording. [2024] iehc 208 has burke of his an injunction, except relating recording sought as

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Courts Service · 2024-03-22 · courts

High Court finds two partners must contribute €200,975 to partnership losses

high court finds two partners must contribute €200,975 to partnership losses a march 2024 judgment rejected both defendants’ defences claim by former partner. the proposed judgments of €138,112 and €62,863, with final orders costs still be settled. [2024] iehc 180 has found that total towards incurr

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Courts Service · 2024-03-21 · courts

Court of Appeal dismisses assault conviction and sentence appeals

court of appeal dismisses assault conviction and sentence appeals the upheld a four-year sentence, with final year suspended, after rejecting challenges to both sentence. has dismissed eugene hanratty snr.’s against his for causing harm prison suspended. was convicted by jury in dublin circuit crimi

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Courts Service · 2024-03-21 · courts

Court of Appeal dismisses conviction and sentence appeals in sexual assault case

court of appeal dismisses conviction and sentence appeals in sexual assault case the upheld an eight-year effective prison term after rejecting challenges to evidence admitted at trial consecutive sentencing. has dismissed against by a man identified as g.n., who was found guilty nine counts his you

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Courts Service · 2024-03-21 · courts

High Court rejects army captain’s challenge over failed Oireachtas security clearance

high court rejects army captain’s challenge over failed oireachtas security clearance [2024] iehc 764 the has rejected captain alan kearney’s to termination of his candidature for guard at houses after garda was not forthcoming. kearney applied post in february 2021 and told on 26 march that he pref

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Courts Service · 2024-03-21 · courts

Court of Appeal dismisses appeal over father’s access to eldest child

court of appeal dismisses over father’s access to eldest child the upheld high court’s refusal make enforcement orders sought, finding no error in its assessment why contact broke down. it also dismissed mother’s cross-appeal continuing family therapy. [2024] ieca 63 appeal, civil has a against conc

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Courts Service · 2024-03-21 · courts

Court of Appeal adjusts Butler’s High Court costs award to 18/20

court of appeal adjusts butler’s high costs award to 18/20 the changed fraction trial payable gerard butler after finding had used a 19-day figure for 20-day trial. respondents were awarded appeal. [2024] ieca 64 has varied order in case, increasing his recoverable from 17/19 18/20. also ordered pay

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Courts Service · 2024-03-21 · courts

High Court refuses neighbours’ bid to stop sale of Tipperary cottage

high court refuses neighbours’ bid to stop sale of tipperary cottage the found a serious issue be tried over an alleged boundary trespass, but said would not prevent neighbours from pursuing that claim after trial. [2024] iehc 178 court, circuit appeal has refused william and bridget mcloughlin’s ap

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Courts Service · 2024-03-21 · courts

High Court rejects bid to strike out foreshore licence challenge as moot

high court rejects bid to strike out foreshore licence challenge as moot the held that completing licensed survey activities did not remove possibility of an effective remedy if is later found invalid. underlying judicial review remains be heard. [2024] iehc 139 has refused minister’s application a

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Courts Service · 2024-03-21 · courts

High Court discharges man from wardship and appoints decision-making representative

high court discharges man from wardship and appoints decision-making representative the declared that he lacked capacity in health, personal welfare financial matters even with a co-decision-maker’s assistance, appointed an independent to support transition. [2024] iehc (number incomplete source) co

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Courts Service · 2024-03-20 · courts

Court of Appeal rejects newspaper’s privilege defence over false tax-default report

court of appeal rejects newspaper’s privilege defence over false tax-default report the dismissed iconic newspapers’ on qualified and allowed william bird’s cross-appeal costs after a jury awarded him €75,000. [2024] ieca 62 limerick leader article that wrongly identified businessman bird as having

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Courts Service · 2024-03-20 · courts

High Court refuses Nowak’s judicial review over rejected data protection appeals

high court refuses nowak’s judicial review over rejected data protection appeals the held that application was substantially out of time and, separately, appeal forms lacked information required by rules. has refused peter for courts service’s rejection four notices against dublin circuit decisions

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Courts Service · 2024-03-20 · courts

Court of Appeal awards Criminal Assets Bureau costs after appeal fails

court of appeal awards criminal assets bureau costs after fails the ruled that appellants’ legal aid did not justify departing from usual rule succeeded in appeal. [2024] ieca 61 has awarded an brought by stefan saunders and tammy saunders, finding no basis to depart follow success. a ruling dated 2

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Courts Service · 2024-03-20 · courts

High Court remits Noel Moran recovery contract dispute to Western Circuit

high court remits noel moran recovery contract dispute to western circuit justice garrett simons said the damages that might reasonably be awarded did not exceed court’s €75,000 threshold. assessment remains for court. [2024] iehc 138 has remitted a between moran, trading as recovery, and black star

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Courts Service · 2024-03-20 · courts

High Court grants Bank of Ireland summary judgment over more than €4m in loan debt

high court grants bank of ireland summary judgment over more than €4m in loan debt the rejected borrower’s arguments that claim should go to a full hearing, finding payments 2014 and 2015 reset limitation period. it did not need decide whether loans were secured. [2019 no. 331 s]; [2024] iehc 165 ha

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Courts Service · 2024-03-20 · courts

High Court allows amendment to child’s medical negligence claim, with order stayed

high court allows amendment to child’s medical negligence claim, with order stayed the permitted a revised claim based on new expert opinion about fetal heart-rate monitoring, but pending final determination of proceedings. [2024] iehc 751 has allowed against health service executive be amended, aft

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Courts Service · 2024-03-20 · courts

High Court awards costs after child’s deportation challenge became moot

high court awards costs after child’s deportation challenge became moot the found it was reasonable to bring judicial review proceedings over a order that later revoked. final orders were left for mention. [2024] iehc 164 has ruled mother and her minor son are entitled their his immigration status m

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Courts Service · 2024-03-19 · courts

High Court orders Russian aviation insurance expert to testify in camera

high court orders russian aviation insurance expert to testify in camera the commercial found a real risk of harm if were identified, while leaving trial and eventual judgment public subject possible redactions. [2024] iehc 162 court, court’s division has ordered that one witness six linked aircraft

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Courts Service · 2024-03-19 · courts

High Court refuses to strike out sisters’ claim and orders €135,000 protection

high court refuses to strike out sisters’ claim and orders €135,000 protection the found arguable disputes over estate disclaimers limitation, but did not decide claim’s merits. it ordered for part of sale proceeds while allowing investment in irish property if at least unencumbered equity remains i

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Courts Service · 2024-03-19 · courts

High Court refuses hospital’s bid to hear limitation issue before injury trial

high court refuses hospital’s bid to hear limitation issue before injury trial the dismissed amended motion for a separate preliminary hearing, finding that date-of-knowledge and concealment issues required more evidence. arguments remain open substantive trial. [2024] iehc 173 has refused coombe wo

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Courts Service · 2024-03-19 · courts

High Court refuses leave to halt retrial in assault case

high court refuses leave to halt retrial in assault case the said application could not be used revisit appellate decisions ordering a retrial, and found no arguable that fair trial secured. [2024] iehc 155 has refused sidney sutton seek an order prohibiting his on charges, saying amounted attempt c

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Courts Service · 2024-03-19 · courts

High Court dismisses three of four Hosford claims but allows a narrowed whistleblowing case to proceed

high court dismisses three of four hosford claims but allows a narrowed whistleblowing case to proceed mr justice rory mulcahy dismissed concerning pension and pay deductions company directors’ social insurance treatment. separate protected disclosure tort claim may continue after replacement statem

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Courts Service · 2024-03-15 · courts

High Court continues detention and care orders for ward under inherent jurisdiction

high court continues detention and care orders for ward under inherent jurisdiction the said would be reviewed in about three months after a part 10 review 2015 act could not continue at man’s current placement. [2024] iehc 175 has continued detaining t.p. his brothers of charity placement authorisi

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Courts Service · 2024-03-14 · courts

Court of Appeal dismisses Victor Akinlade’s conviction appeal

court of appeal dismisses victor akinlade’s conviction the rejected challenges concerning garda entry into a home, composition baseball bat and jury directions. separate about sentence severity remains to be heard. has dismissed against convictions for violent disorder, assault causing harm producin

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Courts Service · 2024-03-14 · courts

Court of Appeal replaces fully suspended terms with 18 months’ custody and a suspended sentence

court of appeal replaces fully suspended terms with 18 months’ custody and a sentence the found circuit sentences unduly lenient in dpp review. it imposed imprisonment on one bill consecutive two-year term for two years other. has resentenced rebekah walsh after finding that by were lenient. sentenc

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Courts Service · 2024-03-14 · courts

High Court says man could sign bond after misunderstanding suspended sentence condition

high court says man could sign bond after misunderstanding suspended sentence condition the granted judicial review finding district judge still had jurisdiction to let applicant following day. it reserved final orders for a later hearing. [2024] iehc 150 has ruled that sentenced month in prison ent

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Courts Service · 2024-03-14 · courts

Court of Appeal dismisses M.D’s appeal against sexual offence convictions

court of appeal dismisses m.d’s against sexual offence convictions the rejected challenges to evidence being left jury and trial judge’s direction about delay, leaving in place. [2024] ieca 315 has dismissed seven for offences involving a complainant identified as c. remain arguments that judge shou

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Courts Service · 2024-03-13 · courts

Court of Appeal sends Egyptian worker’s visa refusal back for fresh decision

court of appeal sends egyptian worker’s visa refusal back for fresh decision the found problems with reasons and way concerns about applicant’s qualifications were handled, but said employment permit did not determine application. [2024] ieca 57 has allowed an by national whose family applications r

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Courts Service · 2024-03-13 · courts

High Court rules amended breath-test statement inadmissible in road-traffic case

high court rules amended breath-test statement inadmissible in road-traffic case the answered both questions a consultative stated from district negative, finding was not duly completed and had no statutory presumption of compliance. [2024] iehc 144 has ruled that an under legislation could benefit

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Courts Service · 2024-03-13 · courts

High Court rules fine enforcement notice was not properly served

high court rules fine enforcement notice was not properly served a consultative case stated asked whether sent to an address where the fined person did ordinarily reside could count as service. answered no both questions referred. [2024] iehc 147 has ruled that requiring woman attend over unpaid fin

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Courts Service · 2024-03-13 · courts

High Court refuses to order return of two boys to Ireland

high court refuses to order return of two boys ireland the said boys’ welfare now required them remain in poland, while recommending indirect contact with their father through a third party. [2024] iehc 142 has refused father’s application have his sons returned from poland ireland, finding that bes

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Courts Service · 2024-03-13 · courts

High Court refuses father’s application to return child from Poland to Ireland

high court refuses father’s application to return child from poland ireland the found child’s welfare was best served by remaining in poland, where he has lived for most of his life and receives specialist educational therapy. it left future access decisions polish courts. [2024] iehc 141 refused a

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Courts Service · 2024-03-13 · courts

High Court finds hospital liable for cramped tray storage that led to worker’s finger injury

high court finds hospital liable for cramped tray storage that led to worker’s finger injury the found tallaght university primarily responsible a 2016 workplace accident, while attributing one-third contributory negligence employee. parties had agreed compensation subject liability; left final orde

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Courts Service · 2024-03-13 · courts

Court of Appeal cuts Best case costs award against Bloxham partners to 20%

court of appeal cuts best case costs award against bloxham partners to 20% the removed a personal order former managing partner pramit ghose and substituted joint several liability for reduced share costs. it also corrected on expert expenses. [2024] ieca 58 has committee’s proceedings after 2018 hi

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Courts Service · 2024-03-13 · courts

High Court refuses separate legal hearing in urgent special care case

high court refuses separate legal hearing in urgent special care case the said mother’s contempt claim against child and family agency should be heard with full case, kept boy’s father guardian ad litem as notice parties. [2024] iehc 174 has refused agency’s request to have a issue decided separatel

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Courts Service · 2024-03-13 · courts

Court of Appeal dismisses challenge to sale of Rush property

court of appeal dismisses challenge to sale rush property the upheld striking out david langan’s claim against purchasers and confirmed that lis pendens over should be vacated. [2024] ieca 59 has dismissed his a in rush, county dublin, decision vacate registered it. found statutory protections for p

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Courts Service · 2024-03-12 · courts

High Court finds power to order hospital transfer, defers final orders pending safeguards

high court finds power to order hospital transfer, defers final orders pending safeguards the ruled it could make a standalone detention under section 9, but did not yet decide orders. sought further submissions on and respondent’s existing mental health act order. [2024] iehc 166 has that 9 of cour

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Courts Service · 2024-03-12 · courts

High Court dismisses appeal over estate’s social welfare overpayment liability

high court dismisses appeal over estate’s social welfare overpayment liability the found an appeals officer was entitled to decline reopen a 2021 decision after considering gp letter submitted as new evidence. [2024] iehc 148 has dismissed by p.f., executor of estate mw, concerning not revise repay

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Courts Service · 2024-03-12 · courts

Court of Appeal refuses DPP bid to increase Cork man’s sentences

court of appeal refuses dpp bid to increase cork man’s sentences the said were very lenient but did not amount a substantial departure from norm, citing evidence efforts address drug addiction. has refused director public prosecutions application review as unduly imposed on jake o’sullivan for and r

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Courts Service · 2024-03-12 · courts

High Court dismisses appeal over possession of Wicklow home

high court dismisses appeal over possession of wicklow home the affirmed a circuit order for dromin house after finding that promontoria scariff dac had established its contractual entitlement. costs and existing stay remained later hearing. [2024] iehc 176 has dismissed brian mcdonagh’s against an

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Courts Service · 2024-03-12 · courts

Court of Appeal refuses DPP bid to increase Cork man’s sentences

court of appeal refuses dpp bid to increase cork man’s sentences the said were very lenient but did not amount a substantial departure from norm, given evidence efforts address drug addiction. has refused director public prosecutions application review as unduly imposed on jake o’sullivan for and ro

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Courts Service · 2024-03-11 · courts

High Court refuses bid to stop 2024 indecent assault trial

high court refuses bid to stop 2024 indecent assault trial the found no blameworthy prosecutorial delay and said applicant had not shown that deaths of three potential witnesses or his health made a unfair. it refused prohibition listed case for mention on 11 april final orders. [2024] iehc 137 has

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Courts Service · 2024-03-11 · courts

Court of Appeal dismisses sentence appeals by two men convicted of raping 14-year-old

court of appeal dismisses sentence appeals by two men convicted raping 14-year-old the upheld 12-year prison terms, with final year suspended, finding offending exceptionally serious and sentencing judge’s allowance for mitigation within her discretion. has dismissed against severity their sentences

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Courts Service · 2024-03-08 · courts

High Court allows Everyday Finance to enforce AIB judgment against borrower

high court allows everyday finance to enforce aib judgment against borrower the ordered dac substituted as plaintiff and granted leave execute a 2017 judgment. final orders costs were left for further submissions later mention. [2024] iehc 145 has allowed replace allied irish banks plc in proceeding

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Courts Service · 2024-03-08 · courts

Court of Appeal orders fresh valuation hearing in Copper Face Jacks rates dispute

court of appeal orders fresh valuation hearing in copper face jacks rates dispute the found tribunal had not adequately explained why it applied a flat 11% to nightclub door and cloakroom receipts. did decide correct valuation. [2024] ieca 53 has ordered concerning jackson hotel its nightclub, after

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Courts Service · 2024-03-08 · courts

High Court dismisses water-damage settlement claim against two defendants after lengthy delay

high court dismisses water-damage settlement claim against two defendants after lengthy delay the found plaintiffs’ in prosecuting their was inordinate and inexcusable, that resulting prejudice decisively tipped balance of justice toward dismissal. [2024] iehc 133 has dismissed a over works required

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Courts Service · 2024-03-08 · courts

Court of Appeal dismisses Philip Morrissey’s two appeals over settlement and property orders

court of appeal dismisses philip morrissey’s two appeals over settlement and property orders the upheld giving everyday finance benefit security specified clonmelsh lands, while leaving a dispute malcomson law’s charge for plenary hearing. [2024] ieca 54 has dismissed by morrissey against high arisi

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Courts Service · 2024-03-08 · courts

Court of Appeal dismisses Gerard Butler’s appeal in long-running medical negligence case

court of appeal dismisses gerard butler’s in long-running medical negligence case the upheld high court’s damages award over a surgeon’s failure to report risk arthritis right hip. it left separate costs issues for later hearing. [2024] ieca 52 has dismissed against judgment that awarded him his hip

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Courts Service · 2024-03-07 · courts

Supreme Court refers surrender challenge over Northern Ireland release rules to EU court

supreme court refers surrender challenge over northern ireland release rules to eu the rejected seán walsh’s convention-based objection but referred a separate question about charter of justice. it has not yet decided whether he should be surrendered. [2024] iesc 9 rights justice european union in a

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Courts Service · 2024-03-07 · courts

High Court dismisses appeal against possession order for Kildare property

high court dismisses appeal against possession order for kildare property the said mortgage was in default and affirmed circuit order, while directing that stay on be lifted. final orders costs remained to addressed. [2024] iehc 146 has dismissed martin wickham’s a granting start mortgages of at whe

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Courts Service · 2024-03-07 · courts

Court of Appeal orders McDonagh appellants to pay appeal costs and refuses stay

court of appeal orders mcdonagh appellants to pay costs and refuses stay after dismissing the in january, awarded respondent its costs, including reserved rejected a request delay payment pending possible supreme application. [2024] ieca 55 has ordered brian mcdonagh, maurice kenneth respondent’s th

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Courts Service · 2024-03-07 · courts

High Court refuses bid to dismiss long-running window dispute

high court refuses bid to dismiss long-running window dispute the found plaintiffs’ delay in pursuing their claim was inordinate and inexcusable, but said defendants had not shown enough specific prejudice justify ending case. [2024] iehc 135 has refused an application by six a over windows doors in

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Courts Service · 2024-03-06 · courts

Supreme Court says injunction should not have stopped union action

supreme court says injunction should not have stopped union action the allowed unite’s appeal after finding that section 19 barred an interlocutory on circumstances then before courts. it had already set aside because 2018 employment order been quashed. [2024] iesc 8 of ireland has by unite and thre

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Courts Service · 2024-03-06 · courts

Supreme Court sends wind farm information case back to commissioner

supreme court sends wind farm information case back to commissioner the set aside lower courts’ determinations and ordered a fresh consideration of whether raheenleagh power is public authority under environmental rules. [2024] iesc 7 ireland has remitted dispute over access turbine noise data for i

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Courts Service · 2024-03-06 · courts

Supreme Court allows union’s appeal over interim injunction in trade dispute

supreme court allows union’s appeal over interim injunction in trade dispute the held that section 19(2) of industrial relations act 1990 left no proper basis for interlocutory injunction. did not address whether same restrictions apply to final injunctions. [2024] iesc 8 has allowed an by unite uni

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Courts Service · 2024-03-06 · courts

Supreme Court allows union appeal over injunction against planned industrial action

supreme court allows union appeal over injunction against planned industrial action the held that workers had met statutory threshold for protection from an interlocutory injunction, while leaving underlying dispute and any final contract issues unresolved. [2024] iesc 8 of ireland has allowed by un

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Courts Service · 2024-03-06 · courts

Appeal court keeps contract and negligence claims against Ulster Bank alive

appeal court keeps contract and negligence claims against ulster bank alive the of refused to strike out those at this stage, but dismissed plaintiff’s defamation trespass as unstateable. underlying disputes remain unresolved. [2024] ieca 51 has ireland dac’s a refusal brought by eoin fannon. it all

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Courts Service · 2024-03-06 · courts

High Court strikes out challenge to judgment mortgages and orders lis pendens removed

high court strikes out challenge to judgment mortgages and orders lis pendens removed mr justice liam kennedy found that the had been properly certified registered, new claim sought reopen matters already decided. costs remained be determined. [2024] iehc 104 has struck eugenie houston’s challenging

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Courts Service · 2024-03-05 · courts

High Court allows Meehans to amend mortgage claim and orders transfer from Circuit Court

high court allows meehans to amend mortgage claim and orders transfer from circuit the appeal concerned permission revise pleadings in a dispute over arrears receivership. costs, possible stay other consequential matters remained be addressed. [2024] iehc 161 has allowed anthony meehan brenda their

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Courts Service · 2024-03-05 · courts

High Court quashes poor-performance finding against doctor over omitted tests

high court quashes poor-performance finding against doctor over omitted tests the found that a should have ordered for patient admitted with suspected cancer, but ruled single omission had not been proved serious enough to warrant disciplinary finding. [2024] iehc 168 has allowed doctor’s appeal and

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Courts Service · 2024-03-05 · courts

High Court bars economist’s proposed evidence in Desmond case

high court bars economist’s proposed evidence in desmond case the ruled that joseph stiglitz’s was not needed to decide whether irish times coverage of panama papers concerned a subject public interest and benefit. underlying defamation privacy claims remain be determined. [2024] iehc 134 has cannot

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Courts Service · 2024-03-04 · courts

Court of Appeal says Article 40 case over toddler’s care is moot after placement with sister

court of appeal says article 40 case over toddler’s care is moot after placement with sister the said child had been placed her elder under a circuit direction, so overtaken by events. it applicant could seek to convert proceedings judicial review. [2024] ieca 108 an challenge concerning young child

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Courts Service · 2024-03-04 · courts

High Court refuses interim eviction order in Start Mortgages dispute

high court refuses interim eviction order in start mortgages dispute the found serious issues for trial about how a 2023 possession was executed and whether it covered kavanaghs’ home. dismissed simon kavanagh’s separate bid to strike out mortgage lender’s motion. [2024] iehc 125 has refused an inte

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Courts Service · 2024-03-01 · courts

Court of Appeal replaces suspended manslaughter sentence with six years and nine months

court of appeal replaces suspended manslaughter sentence with six years and nine months the allowed director public prosecutions’ undue-leniency application, finding there was no evidential basis to suspend 18 months. it resentenced respondent after taking account his family circumstances updated in

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Courts Service · 2024-03-01 · courts

High Court refuses bid to use discovered letters to reopen family law case

high court refuses bid to use discovered letters reopen family law case mr justice max barrett found the added nothing significant what had already been considered. he gave a preliminary view that b should pay costs of application, subject hearing from both parties. [2024] iehc 131 has refused leave

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Courts Service · 2024-03-01 · courts

Court of Appeal sets aside renewal of summonses against Swedish and Swiss companies

court of appeal sets aside renewal summonses against swedish and swiss companies the ruled that errors in obtaining leave serving proceedings did not amount to special circumstances justifying renewal. it dismissed plaintiff’s over a separate summons company. [2024] ieca 47 has set high orders renew

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Courts Service · 2024-03-01 · courts

High Court rules solicitor firm could not apply for summons in Donegal planning case

high court rules solicitor firm could not apply for summons in donegal planning case the answered a consultative stated on meaning of “person” under legislation. it did determine underlying alleged offence. [2024] iehc 160 has ruled that section 1 courts (no. 3) act 1986, as amended, does authorise

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Courts Service · 2024-03-01 · courts

Court of Appeal overturns order extending BMS damages undertaking to Teva group

court of appeal overturns order extending bms damages undertaking to teva group the said raised issue too late and had not provided enough evidence support an expanded undertaking. it left eu law question undecided. [2024] ieca 49 has overturned a high requiring bristol myers squibb holdings ireland

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Courts Service · 2024-03-01 · courts

Court of Appeal rejects private hospitals’ claims for loan interest and depreciation

court of appeal rejects private hospitals’ claims for loan interest and depreciation the upheld high court’s interpretation covid-19 hospital agreement, while leaving in place its declaration that hse breached agreement’s expert referral clause. [2024] ieca 48 has dismissed an by four mater group co

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Courts Service · 2024-03-01 · courts

High Court strikes out fresh challenge to Pepper’s possession of Wexford property

high court strikes out fresh challenge to pepper’s possession of wexford property the found proceedings sought revisit issues already decided and disclosed no stateable cause action. it listed matter for ancillary costs. [2024] iehc 116 ireland has struck brought by david ian jacob charles william a

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Courts Service · 2024-03-01 · courts

High Court refuses Deane Roofing’s bid to strike out construction claim

high court refuses deane roofing’s bid to strike out construction claim the found a credible basis for owners’ while they review discovery, but left alleged scope of work unresolved. [2024] iehc 113 has refused roofing & cladding ltd’s application against it over fire safety defects at student accom

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