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Courts Service · 2024-04-30 · courts

Court of Appeal dismisses Ammi Burke’s appeal over dismissal of judicial review claim

court of appeal dismisses ammi burke’s over dismissal judicial review claim the upheld high court’s her and its legal practitioner client costs order. it also refused application to recuse president at hearing. [2024] ieca 105 has dismissed against order that she pay on a basis. in judgment delivere

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Courts Service · 2024-04-30 · courts

High Court awards Setanta €117,500.17 against former transport company director

high court awards setanta €117,500.17 against former transport company director the granted summary judgment on a personal guarantee covering vehicle hire, repairs and other services. costs remained for later mention. [2024] iehc 270 has ruled that sales limited is entitled to brian daly under debts

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Courts Service · 2024-04-30 · courts

Court of Appeal refuses recognition of Polish judgment over claim assignments

court of appeal refuses recognition polish judgment over claim assignments the allowed michael scully’s appeal, finding that to coucal ltd permitted onward transfer claims and would breach irish public policy if litigated here. it did not decide his separate challenge concerning judicial independenc

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Courts Service · 2024-04-29 · courts

High Court allows examination of company directors over unpaid Circuit Court judgments

high court allows examination of company directors over unpaid circuit judgments garrett simons set aside a order refusing the applications on delay grounds and ruled that plaintiffs could pursue discovery to enforce their monetary judgments. final form order, costs logistics remained for later hear

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Courts Service · 2024-04-29 · courts

High Court allows proposed protection accommodation at Leitrim hotel to proceed

high court allows proposed protection accommodation at leitrim hotel to proceed the dismissed county council’s bid stop change of use abbey manor hotel, while adjourning claims about works that may depart from its planning permission. [2024] iehc 233 court, & environment has ruled a in dromahair can

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Courts Service · 2024-04-29 · courts

High Court orders surrender to Scotland after accepting prison assurances

high court orders surrender to scotland after accepting prison assurances the dismissed all objections a second trade and co-operation agreement warrant, finding that new addressed concerns about requested person’s care in custody. [2024] iehc 282 has ordered of man for prosecution on allegations po

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Courts Service · 2024-04-29 · courts

Court of Appeal dismisses challenge to refusal of interim relief in company stock dispute

court of appeal dismisses challenge to refusal interim relief in company stock dispute the rejected arnaud gaultier’s appeal, finding no basis revisit high ruling and dismissing arguments over representation european law. costs remained provisional. [2024] ieca 103 has dismissed against a grant him

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Courts Service · 2024-04-29 · courts

High Court refuses injunction in disputed €1.2m land sale case

high court refuses injunction in disputed €1.2m land sale case the declined to stop a meath landowner from proceeding with tender while company’s claim for specific performance continues. ruling addresses only interim relief, not final dispute. 2024 [iehc] 241 has refused an application by phoenix r

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Courts Service · 2024-04-29 · courts

High Court quashes Leitrim council’s rejection of phased hotel completion certificate

high court quashes leitrim council’s rejection of phased hotel completion certificate the found january decision unlawful and out time. it said council remained obliged to register certificate, but made no order directing registration at this stage. [2024] iehc 234 court, planning & environment has

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Courts Service · 2024-04-26 · courts

Court of Appeal rejects Garda bid to block disclosure of investigation recordings

court of appeal rejects garda bid to block disclosure investigation recordings the dismissed three appeals by commissioner, holding that investigative privilege does not make material absolutely immune from in related civil proceedings. [2024] ieca 95 has commissioner over high orders concerning hel

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Courts Service · 2024-04-26 · courts

Court of Appeal reimposes €400,460 fisheries confiscation order after resentencing review

court of appeal reimposes €400,460 fisheries confiscation order after resentencing review the upheld original fine and finding vessel master’s culpability moderate equipment’s potential for harm significant, despite no significant actual economic benefit being proved. has reimposed a €500 orders tot

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Courts Service · 2024-04-26 · courts

High Court rules District Court misinterpreted charities inspector’s document powers

high court rules district misinterpreted charities inspector’s document powers the case stated answered a legal question about section 65 of act 2009. said advance contractual notice was not required, while clarifying that person cannot commit offence by failing to provide documents they access. [20

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Courts Service · 2024-04-26 · courts

High Court upholds tax relief for two Donegal company directors

high court upholds tax relief for two donegal company directors the answered three legal questions in favour of appeals commissioner, finding neither owned nor controlled more than 15% company’s ordinary share capital. [2024] iehc 245 has upheld a commissioner determination that were entitled to tra

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Courts Service · 2024-04-26 · courts

High Court orders KC Capital to provide €771,410 security for costs

high court orders kc capital to provide €771,410 security for costs the order pauses property group’s claim against keegan quarries while is provided. judge said decision does not determine whether underlying will succeed. [2024] iehc 257 has ordered group limited €771,410, exclusive of vat, as limi

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Courts Service · 2024-04-26 · courts

Court of Appeal reimposes €400,460 confiscation sentence on fishing vessel master

court of appeal reimposes €400,460 confiscation sentence on fishing vessel master the found no basis to reduce forfeiture after assessing equipment offence, its potential harm and appellant’s circumstances. has reimposed a €500 fine catch gear valued at master, reconsidering whether was proportionat

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Courts Service · 2024-04-26 · courts

High Court imposes €88,872.42 civil tax penalty for deliberate filing failures

high court imposes €88,872.42 civil tax penalty for deliberate filing failures the found that michael fahy deliberately failed to file income and vat returns 2015 2017, ordered recoverable like tax. [2024] iehc 250 has determined is liable a of after finding, on balance probabilities, he 2017. mr ju

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Courts Service · 2024-04-26 · courts

Court of Appeal dismisses Garda Commissioner’s appeal over moot child-care case stated

court of appeal dismisses garda commissioner’s over moot child-care case stated the upheld high court’s decision not to answer legal questions about access a investigation file after parents had received documents. it did decide underlying discovery questions. [2024] ieca 94 has dismissed an by comm

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Courts Service · 2024-04-26 · courts

High Court enters €10.78m judgment against estate over guarantees for sons’ loans

high court enters €10.78m judgment against estate over guarantees for sons’ loans the found that late john flood’s were procured in circumstances of undue influence and an improvident transaction, but held lender’s successor could rely on them because it had reasonably relied assurances independent

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Courts Service · 2024-04-26 · courts

High Court dismisses squatter’s challenge to estate administrators’ appointment

high court dismisses squatter’s challenge to estate administrators’ appointment the found plaintiff had no standing grants and dismissed her proceedings as bound fail. it listed case for final orders on 10 may 2024. [2024] iehc 235 has a woman’s seeking set aside that allowed evelyn mcmillen adminis

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Courts Service · 2024-04-26 · courts

Court of Appeal rejects blanket Garda privilege claim in child welfare disclosure dispute

court of appeal rejects blanket garda privilege claim in child welfare disclosure dispute the dismissed commissioner’s appeals, holding that courts must assess claims investigative and may inspect disputed material. family proceedings had since been settled, so was no longer a live issue between par

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Courts Service · 2024-04-25 · courts

High Court declines declaration that Child and Family Agency was in contempt over special care orders

high court declines declaration that child and family agency was in contempt over special care orders the said an alleged civil should be pursued through rules-based procedure, declined to make a mother’s plenary proceedings. [2024] iehc 236 has request for failing give effect concerning her 14-year

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Courts Service · 2024-04-25 · courts

Supreme Court dismisses appeal against 12-year sentence for planned Cork burglary

supreme court dismisses appeal against 12-year sentence for planned cork burglary the held that getaway driver’s dangerous escape formed part of event sentencing, and upheld sentence. [2024] iesc 16 has dismissed john faulkner’s a prison targeting an elderly couple at their rural north home, holding

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Courts Service · 2024-04-25 · courts

Court of Appeal dismisses third appeal over data protection decision

court of appeal dismisses third over data protection decision the upheld dismissal an concerning covert cctv, a access request and monitoring work emails. it gave appellant 14 days to make written submissions on proposed costs order. [2024] ieca 92 has dismissed david fox’s 2019 by commissioner, lea

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Courts Service · 2024-04-25 · courts

High Court rejects McDonaghs’ claim to Kilpedder site and finds Brian McDonagh trespassed

high court rejects mcdonaghs’ claim to kilpedder site and finds brian mcdonagh trespassed the dismissed brothers’ enforce a 2017 agreement, finding it conditional terminated in 2018. also found on awarded fane €2,000; final orders costs remained be addressed. [2024] iehc 240 court, commercial has br

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Courts Service · 2024-04-25 · courts

High Court rejects challenge to District Court legal costs scale

high court rejects challenge to district legal costs scale the refused a man’s judicial review used tax after he recovered €8,000 in personal injury case. final orders and remained be addressed. [2024] iehc 253 has kevin nolan’s use of scales when his circuit were taxed, holding that permitted by la

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Courts Service · 2024-04-25 · courts

Court of Appeal extends bankrupt’s discharge date by 18 months

court of appeal extends bankrupt’s discharge date by 18 months the dismissed k.j.’s and moved his to 23 november 2027, citing continued failures cooperate disclose information about a thai property. it declined official assignee’s request for an extension up 15 years. [2024] ieca 93 against order ex

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Courts Service · 2024-04-24 · courts

High Court refuses challenge to order requiring occupants to leave estate property

high court refuses challenge to order requiring occupants leave estate property a judge refused certiorari after finding the fraud allegations lacked particulars and circuit hearing was fair. occupants’ separate probate application revoke administrator’s grant remains unresolved. [2024] iehc 220 has

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Courts Service · 2024-04-23 · courts

Court of Appeal increases sentence for sexual offences against child to 14½ years

court of appeal increases sentence for sexual offences against child to 14½ years the found original global unduly lenient because it did not reflect seriousness assaults, public humiliation and three-year harassment campaign. imposed a new sentence, with final 18 months suspended, left other senten

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Courts Service · 2024-04-23 · courts

High Court bars Creganna director from joining rival pending trial of non-compete dispute

high court bars creganna director from joining rival pending trial of non-compete dispute the interlocutory order preserves status quo until or further order; judge made no final ruling on whether clause is valid. [2024] iehc 231 has temporarily restrained a senior employee taking up job with lake r

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Courts Service · 2024-04-23 · courts

High Court quashes protection refusal over unclear findings on alleged threats

high court quashes protection refusal over unclear findings on alleged threats the directed reconsideration of an algerian applicant’s case, finding that tribunal had not clearly decided whether he or his family were threatened by uncle. [2024] iehc 296 has quashed a decision refusing international

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Courts Service · 2024-04-23 · courts

Court of Appeal rejects challenge to sentences for coercive control and dangerous driving

court of appeal rejects challenge to sentences for coercive control and dangerous driving the found five-year total sentence, with one year suspended, was not unduly severe despite appellant’s youth later schizophrenia diagnosis. [2024] ieca 99 has dismissed samy taib’s against severity assaults a f

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Courts Service · 2024-04-23 · courts

High Court refuses Langans’ bid to add fresh evidence to possession appeal

high court refuses langans’ bid to add fresh evidence possession appeal the ruled that correspondence obtained after circuit hearing did not meet test for admitting evidence. underlying remains be heard. [2024] iehc 271 has refused thomas and mary langan’s application introduce in their concerning a

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Courts Service · 2024-04-23 · courts

Mayo County Council awarded 60% of costs after court finds standstill notice was improper

mayo county council awarded 60% of costs after court finds standstill notice was improper the high declined to make a declaration sought by killaree lighting services, but adjusted award reflect its success on issue and mayo’s failure serve proper notice. [2024] iehc 229 court, commercial has ordere

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Courts Service · 2024-04-23 · courts

Court of Appeal increases sentence for assaults on young partner

court of appeal increases sentence for assaults on young partner the found original unduly lenient, increased it to four years and suspended remaining term until september 2026, subject conditions. [2024] ieca 101 (criminal) has a man’s repeated his partner, finding that was lenient. imposed four-ye

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Courts Service · 2024-04-23 · courts

Court of Appeal dismisses appeal over convictions on 12 sexual offence counts

court of appeal dismisses over convictions on 12 sexual offence counts the upheld trial judge’s refusal to split indictment or halt trial, finding alleged contamination and unfairness did not require either step. [2024] ieca 100 (criminal) has dismissed an by l.n. against two rape ten indecent assau

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Courts Service · 2024-04-22 · courts

High Court dismisses claim over tree root damaged footpath

high court dismisses claim over tree root damaged footpath the was not satisfied that denise best proved cracked pavement where or why she fell. it left unresolved wider legal questions about councils’ responsibility for street trees and footpaths. [2024] iehc 243 has dismissed best’s personal injur

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Courts Service · 2024-04-22 · courts

Court of Appeal dismisses three mortgage-related appeals, preserving narrow interest claim

court of appeal dismisses three mortgage-related appeals, preserving narrow interest claim the upheld high court’s decision to strike out most claims, but left in place a limited concerning alleged overcharging interest. [2024] ieca 84 has dismissed gerard byrne’s appeals related proceedings against

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Courts Service · 2024-04-22 · courts

Court of Appeal refers residence rights dispute to EU court

court of appeal refers residence rights dispute to eu the concerns a former spouse’s claim retain rights. referred three questions justice european union; it did not decide appeal’s substantive issues. [2024] ieca 89 has about and procedural fairness union (cjeu), leaving minister for justice’s unre

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Courts Service · 2024-04-22 · courts

Supreme Court awards appeal costs but leaves lower court orders in place

supreme court awards appeal costs but leaves lower orders in place the refused eugene mccool’s request to vary after allowing his on narrow issue of whether an assignee could principle pursue litigation as a substituted plaintiff. has ordered honeywell control systems limited pay successful appeal,

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Courts Service · 2024-04-22 · courts

Court refuses late appeal application over false imprisonment sentence

court refuses late appeal application over false imprisonment sentence the of said proposed challenge to had no realistic prospect success and refused extend time appeal. 2024 ieca 107 has an for a man his imprisonment, finding that success. concerned seven-year prison term, with final two years sus

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Courts Service · 2024-04-22 · courts

Circuit Court dismisses appeal over Land Rover repairs and orders costs

circuit court dismisses appeal over land rover repairs and orders costs the found vehicle was fit for purpose when sold that were carried out competently. it dismissed claims ordered appellant to pay other parties’ costs, be taxed if not agreed. [2024] iecc 2 court, dublin civil county of city has a

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Courts Service · 2024-04-19 · courts

High Court strikes out Kernans’ claim against Bank of Ireland over delay

high court strikes out kernans’ claim against bank of ireland over delay the found plaintiffs’ late start and five-year in replying to particulars caused moderate prejudice bank. fraud claims first defendant were not struck by this order. [2024] iehc 225 has decided strike barry rosaleen kernan’s ac

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Courts Service · 2024-04-19 · courts

High Court orders HSE to process child’s disability complaint within eight weeks

high court orders hse to process child’s disability complaint within eight weeks the consented an order in judicial review proceedings over delay. judge said was lawful, while criticising wider backlog and its impact on resources. [2024] iehc 255 has ordered health service executive (hse) a about de

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Courts Service · 2024-04-19 · courts

High Court rules on four-year limit for Revenue tax assessments

high court rules on four-year limit for revenue tax assessments a case stated farmer’s 2011 return returns to the appeals commission, which must still decide whether any of €140,656 payment was taxable in his hands. [2024] iehc 196 has ruled that be accurate every material respect qualify protection

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Courts Service · 2024-04-19 · courts

High Court orders separate hearing on delay in Limerick Prison claim

high court orders separate hearing on delay in limerick prison claim the directed a first module to determine whether susan mcgovern’s proceedings are time-barred or otherwise inadmissible. it did not decide that issue underlying claims. [2024] iehc 210 has ordered brought by mcgovern over her histo

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Courts Service · 2024-04-19 · courts

Court of Appeal restores revocation of permanent residence card

court of appeal restores revocation permanent residence card the allowed minister for justice’s appeal, finding no standalone requirement a proportionality assessment where was obtained through fraud. it left decision in place. [2024] ieca 83 has and set aside high order that had quashed mohammad im

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Courts Service · 2024-04-19 · courts

High Court orders Dorian Szamota’s surrender to Poland

high court orders dorian szamota’s surrender to poland the ruled that serve a suspended sentence would not breach his defence rights, finding he had tacitly waived right attend later trial. [2024] iehc 274 has ordered one-year prison imposed for denial-of-service attack and threats continue it unles

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Courts Service · 2024-04-19 · courts

Court of Appeal refuses father more time to appeal custody ruling

court of appeal refuses father more time to custody ruling the rejected h’s application extend a high decision that his child should remain in poland, finding proposed grounds did not show an arguable appeal. [2024] ieca 102 has refused by h for appealing concerning child, d, who lives poland with r

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Courts Service · 2024-04-19 · courts

High Court proposes enforcement of €1.25m construction adjudication award

high court proposes enforcement of €1.25m construction adjudication award the rejected respondent’s grounds for resisting enforcement, but set a deadline submissions on form its final orders. [2024] iehc 205 has proposed granting mcgill ltd leave to enforce an adjudicator’s decision requiring blue w

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Courts Service · 2024-04-19 · courts

Court of Appeal dismisses Feri Anghel’s appeal against murder conviction

court of appeal dismisses feri anghel’s against murder conviction the rejected challenges to cctv evidence, jury directions and alleged gaps in investigation, leaving his place. has dismissed for murdering ioan artene bob, rejecting evidence trial judge’s jury. anghel was convicted by a central crim

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Courts Service · 2024-04-19 · courts

High Court orders limited discovery of Web Summit Ventures communications

high court orders limited discovery of web summit ventures communications in a minority shareholder oppression case, the ordered documents about investor linked to statements on israel, but refused broader request for complaints and investment withdrawals. [2024] iehc 214 court, commercial has certa

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Courts Service · 2024-04-19 · courts

High Court orders discovery over Cosgrave posts and Web Summit losses

high court orders discovery over cosgrave posts and web summit losses a minority shareholder’s application in an ongoing oppression case was granted part, with five document categories ordered two refused. [2024] iehc 213 court, commercial the has manders terrace limited other respondents to disclos

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Courts Service · 2024-04-19 · courts

High Court says CIÉ pension funding must meet statutory standard, while allowing member contributions and benefit reductions to be considered

high court says cié pension funding must meet statutory standard, while allowing member contributions and benefit reductions to be considered a judgment on the interpretation of superannuation scheme rules fund provide for liabilities, but cié’s contribution obligation is subject review mechanism do

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Courts Service · 2024-04-18 · courts

Promontoria wins appeal costs against Fox and Lynn, with remaining proceedings still open

promontoria wins appeal costs against fox and lynn, with remaining proceedings still open the court of awarded one set both respondents high following its successful on a discrete legal issue. it did not make final well charging orders. [2024] ieca 82 has ordered john tomas lynn to pay (oyster) desi

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Courts Service · 2024-04-18 · courts

Court of Appeal dismisses challenge to 5½-year custodial sentence for sexual assaults

court of appeal dismisses challenge to 5½-year custodial sentence for sexual assaults the rejected an against sentence, concluding that total term was not disproportionate given prolonged offending and mitigation considered. [2024] ieca 87 has dismissed j.l.’s severity sentences imposed two nieces,

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Courts Service · 2024-04-18 · courts

High Court rejects teenager’s challenge to fixed charge notice age limit

high court rejects teenager’s challenge to fixed charge notice age limit the refused all relief sought by a 16-year-old challenging his exclusion from scheme. it said children act’s diversion and supervision regime justified treating under-18s differently; final orders costs remained be addressed. [

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Courts Service · 2024-04-18 · courts

High Court sends three pub valuation appeals back over inadequate reasons

high court sends three pub valuation appeals back over inadequate reasons the found that tribunal had not adequately explained revised valuations or engaged sufficiently with comparable properties. it also identified an apparent increase where one determination said was reducing a valuation. [2024]

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Courts Service · 2024-04-18 · courts

Court of Appeal rejects three challenges over loans used to build homes

court of appeal rejects three challenges over loans used to build homes the held that made before a house was built could still qualify as housing under consumer credit act 1995, and upheld high court’s decision strike out claims. [2024] ieca 80 appeal, civil has rejected appeals by borrowers who ar

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Courts Service · 2024-04-17 · courts

High Court refuses amendment bid in moot transfer challenge

high court refuses amendment bid in moot transfer challenge the declined to hear proposed challenges ireland’s article 17 process after applicant’s spain was no longer being pursued and his protection claim be considered ireland. [2024] iehc 211 has refused an request amend judicial review case how

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Courts Service · 2024-04-17 · courts

High Court orders three properties under proceeds of crime law

high court orders three properties under proceeds of crime law the found bureau had established that riverforest, ratoath road and darview heights were acquired or developed using crime, ordered relief 1996 act. [2024] iehc 212 has legislation in relation to linked david charlene waldron, after find

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Courts Service · 2024-04-16 · courts

Court of Appeal reduces €90,000 personal injury award to €55,062

court of appeal reduces €90,000 personal injury award to €55,062 the found errors in high court’s assessment a shoulder and headaches, removed claimed cost surgery because it was not established that would probably be required. [2024] ieca 78 has reduced from €96,758 after finding headaches supporte

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Courts Service · 2024-04-16 · courts

High Court refuses to add estate beneficiary as defendant in succession claims

high court refuses to add estate beneficiary as defendant in succession claims the instead allowed receive pleadings and affidavits attend hearing, subject a written confidentiality undertaking. [2024] iehc 217 has refused executors’ applications principal two related brought by children of deceased

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Courts Service · 2024-04-15 · courts

High Court sends Glenveagh planning dispute to trial, dismisses strike-out bid

high court sends glenveagh planning dispute to trial, dismisses strike-out bid the judge said allegations that objections were used pressure developer require a full hearing; he did not decide whether are true. [2024] iehc 157 court, & environment has dismissed motion by pat lynch and denise leavy s

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Courts Service · 2024-04-15 · courts

High Court strikes out CHC challenge over proposed Coast Guard contract changes

high court strikes out chc challenge over proposed coast guard contract changes the found no credible evidence that minister for transport had agreed to or tacitly approved bristow’s contract. [2024] iehc 218 has struck proceedings brought by ireland dac alleged awarded bristow limited provide irish

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Courts Service · 2024-04-15 · courts

Court of Appeal dismisses DPP challenge to ‘very lenient’ child-defilement sentence

court of appeal dismisses dpp challenge to ‘very lenient’ child-defilement sentence the said a longer prison term might have been imposed at first instance, but declined return respondent after he had served his one-year custodial term. has dismissed director public prosecutions application review a

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Courts Service · 2024-04-15 · courts

Court of Appeal dismisses DPP challenge to fully suspended sentences

court of appeal dismisses dpp challenge to fully suspended sentences the found sentencing judge was entitled treat case as exceptional, given respondent’s circumstances and steps towards rehabilitation. [2024] ieca 79 has dismissed a director public prosecutions full suspension imposed on michael po

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Courts Service · 2024-04-15 · courts

High Court allows Start Mortgages to discontinue possession case on conditions

high court allows start mortgages to discontinue possession case on conditions the ordered costs for defendants and preserved their ability raise issues about a disputed affidavit in any subsequent proceedings. [2024] iehc 293 has allowed dac proceedings against james larkin catherine larkin, subjec

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Courts Service · 2024-04-15 · courts

High Court orders sale of bankrupt couple’s Finglas family home after stay until July 2025

high court orders sale of bankrupt couple’s finglas family home after stay until july 2025 the sanctioned possession and for benefit creditors, postponing 3 awarding official assignee’s application costs in bankruptcy. [2024] iehc 204 has ordered a finglas, dublin 11, to realise assets creditors two

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Courts Service · 2024-04-12 · courts

High Court rules claims against architects and engineers should be struck out after years of delay

high court rules claims against architects and engineers should be struck out after years of delay justice conleth bradley found the plaintiffs’ in prosecuting their was inordinate inexcusable. he said would make orders striking claims, subject to hearing further submissions on consequential matters

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Courts Service · 2024-04-12 · courts

High Court grants receiver possession orders in Clondalkin property dispute

high court grants receiver possession orders in clondalkin property dispute the interlocutory favour and lender, but proceedings must still be prepared for trial. judge said occupants could apply a stay. [2024] iehc 202 has granted sought by lender over clondalkin, finding they had established stron

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Courts Service · 2024-04-12 · courts

High Court refuses request for HSE and hospital to answer contract interrogatory

high court refuses request for hse and hospital to answer contract interrogatory the ruled that proposed question about who contracted provide a medical device asked legal analysis, not factual suitable an interrogatory. [2024] iehc 215 refused by betty ryan leave require health service executive (h

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Courts Service · 2024-04-12 · courts

Court of Appeal allows GSOC access to courtroom backup recording

court of appeal allows gsoc access to courtroom backup recording the held it had jurisdiction release a limited ambient from 7 march 2023 for an investigation into alleged garda conduct. did not decide whether system breached data protection law. [2024] ieca 86 has allowed síochána ombudsman commiss

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Courts Service · 2024-04-12 · courts

High Court refuses David Doran’s judicial review application as out of time

high court refuses david doran’s judicial review application as out of time the refused leave to challenge a 2017 ground-rent arbitration award and 2022 vesting certificate, finding both challenges were brought outside applicable limit. it adjourned costs final orders for further submissions. [2024]

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Courts Service · 2024-04-12 · courts

Court of Appeal dismisses 15-year challenge to refusal to issue summons

court of appeal dismisses 15-year challenge to refusal issue summons the said over a 2009 district decision was moot after later proceedings, and dismissed it. [2024] ieca 213 appeal, civil has andries van tonder’s not let him criminal as “common informer”, saying had been overtaken by events. in an

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Courts Service · 2024-04-12 · courts

High Court orders lis pendens vacated after 30-month delay in serving summons

high court orders lis pendens vacated after 30-month delay in serving summons the found that thomas markham had not given a good explanation for failing to serve proceedings linked property registration. it left open precise form of order and made no finding on whether were being prosecuted bona fid

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Courts Service · 2024-04-12 · courts

High Court rejects rent deduction but finds tax appeal mishandled over €84,903 payment

high court rejects rent deduction but finds tax appeal mishandled over €84,903 payment the upheld refusal to offset on a new home against income from former home, found commissioner had not properly examined whether an ex gratia settled employment discrimination claim. [2024] iehc 195 has ruling tha

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Courts Service · 2024-04-11 · courts

High Court refuses leave to challenge GSOC decision on Garda complaint

high court refuses leave to challenge gsoc decision on garda complaint the found judicial review application was out of time and that no arguable basis had been shown inadmissible. [2024] iehc 200 has refused anne mcdonagh bring a síochána ombudsman commission’s not investigate her about handling an

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Courts Service · 2024-04-11 · courts

High Court strikes out Donegal landowner’s challenge over conservation designation

high court strikes out donegal landowner’s challenge over conservation designation the ruled that landowner lacked standing and his claim was of time, struck proceedings under order 19, rule 28 its inherent jurisdiction. [2024] iehc 191 has harry mchugh’s against minister for environment, heritage l

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Courts Service · 2024-04-11 · courts

Supreme Court dismisses Dublin City Council appeal over derelict-site levy

supreme court dismisses dublin city council appeal over derelict-site levy the held that bank’s statutory mortgagee sale freed michelle maher’s property from council’s charge, while leaving recoverable former owner. [2024] iesc 14 of ireland has dismissed in a dispute €50,153.42 derelict-sites levy,

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Courts Service · 2024-04-11 · courts

Supreme Court rejects Dublin City Council appeal over derelict-sites levy

supreme court rejects dublin city council appeal over derelict-sites levy the held that a bank’s earlier mortgage sale transferred property free of council’s later statutory charge, dismissing appeal. [2024] iesc 14 has dismissed in dispute whether an unpaid remained attached to after it was sold un

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Courts Service · 2024-04-11 · courts

High Court upholds Covidien’s full VAT deductions on disputed costs

high court upholds covidien’s full vat deductions on disputed costs the answered all stated questions in favour of tax appeals commissioner’s determination, including for project jameson and medtronic. it left to be addressed separately. [2024] iehc 192 has upheld a determination allowing covidien l

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Courts Service · 2024-04-11 · courts

High Court finds data breach claim required prior PIAB authorisation

high court finds data breach claim required prior piab authorisation the held that pleaded claims of distress, upset and anxiety made proceedings a civil action under legislation. it listed further hearing to settle final orders costs. [2024] iehc 203 has found policyholder’s against irish life assu

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Courts Service · 2024-04-11 · courts

High Court says evidence supports registering enduring power of attorney

high court says evidence supports registering enduring power of attorney the declined donor’s son’s request for another capacity assessment and said before it overwhelmingly supported registration. ruling does not state that epa was registered. [2024] iehc 238 an (epa) made in 2014, assessment. ruli

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Courts Service · 2024-04-11 · courts

Supreme Court dismisses appeal over Clonliffe housing permission

supreme court dismisses appeal over clonliffe housing permission the upheld high order quashing an bord pleanála’s permission, finding that board had not assessed key development plan policies or adequately explained its decision. [2024] iesc 13 of ireland has dismissed by cwtc multi family icav and

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Courts Service · 2024-04-10 · 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 specified areas even with co-decision-making assistance, appointed a ordered review within three years. [2024] iehc 237 discharged to assist decisions about his health, persona

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Courts Service · 2024-04-10 · courts

Supreme Court allows appeal in school expulsion dispute

supreme court allows appeal in school expulsion dispute chief justice o’donnell agreed with the judgments allowing appeal, while cautioning that decision does not establish general availability of judicial review for disciplinary decisions. [2024] iesc 11 allowed an a over pupil’s exclusion from sec

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Courts Service · 2024-04-10 · courts

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

high court discharges woman from wardship and appoints decision-making representative the declared that anonymised respondent lacked capacity in health, welfare financial matters even with co-decision support, ordered a review within three years. [2024] iehc 239 court, wards of has discharged an app

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Courts Service · 2024-04-10 · courts

Supreme Court removes directions attached to planning remittal

supreme court removes directions attached to planning remittal the dismissed an appeal over high court’s order sending a quashed housing decision back bord pleanála, but deleted detailed on how board should reconsider it. [2024] iesc 12 of ireland has by crofton buildings management clg and apartmen

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Courts Service · 2024-04-10 · courts

Supreme Court says school expulsion injunction was wrongly granted ex parte

supreme court says school expulsion injunction was wrongly granted ex parte the allowed a board’s appeal, ruling that an order keeping student at pending statutory appeal operated as mandatory interlocutory and should have been considered on notice to school. [2024] iesc 11; s:ap:ie:2023:000032 of i

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Courts Service · 2024-04-10 · courts

High Court authorises adoption of two brothers by long-term foster carers

high court authorises adoption of two brothers by long-term foster carers the found statutory conditions met and said boys’ wishes best interests supported adoption. it will seek an undertaking about support for contact with information their families origin. [2024] iehc 227 court, family law has au

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Courts Service · 2024-04-10 · courts

Supreme Court allows school’s appeal over order requiring it to admit expelled student

supreme court allows school’s appeal over order requiring it to admit expelled student the set aside an that would have allowed a attend school while statutory expulsion was pending. itself not challenged in these judicial review proceedings. [2024] iesc 11 of ireland has secondary against high orde

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Courts Service · 2024-04-09 · courts

Hogan and Whelan would quash PIAB assessment in Delaney case over injury guidelines

hogan and whelan would quash piab assessment in delaney case over injury guidelines a separate supreme court judgment, the two judges send an ankle-injury claim back to for reassessment under earlier law. their proposed orders were not court’s overall disposition. [2024] iesc 10 of ireland €3,000 br

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Courts Service · 2024-04-09 · courts

High Court allows nursing-home partner to buy out Seepersads, subject to payment and indemnity terms

high court allows nursing-home partner to buy out seepersads, subject payment and indemnity terms the set a purchase price for defendants’ 45% interest ordered further calculations before deciding whether buyout would proceed. if plaintiff declines, receiver may be appointed. [2024] iehc 189 has all

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Courts Service · 2024-04-09 · courts

High Court approves transfer of 17-year-old to secure care in England

high court approves transfer of 17-year-old to secure care in england the authorised child and family agency’s proposed placement after finding no available arrangement ireland could keep minor safe. ruling describes as an exceptional response a shortage staffed special beds. [2024] iehc 242 court,

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Courts Service · 2024-04-09 · courts

Court of Appeal awards costs after dismissing tax appeal

court of appeal awards costs after dismissing tax the ordered thomas doyle to pay gerard harahill’s costs, including replying doyle’s submissions on costs. [2024] ieca 72 has an concerning unpaid vat, paye and prsi, additional responding ruling, delivered by mr justice binchy 9 april 2024, followed

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Courts Service · 2024-04-09 · courts

Court of Appeal refuses Neil Armstrong more time to appeal Kildare property ruling

court of appeal refuses neil armstrong more time to kildare property ruling the found no arguable ground in his claim objective bias and rejected explanations for missing deadline. [2024] ieca 73 has refused an extension a high order concerning possession county kildare. it that he had not shown app

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Courts Service · 2024-04-09 · courts

Haughton J would strike down law requiring Judicial Council to adopt injury guidelines

haughton j would strike down law requiring judicial council to adopt injury guidelines in a dissenting judgment supreme court appeal, mr justice robert concluded that the 2019 act’s requirement for judges personal breached independence. he allow appeal extent; court’s majority outcome is not set out

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Courts Service · 2024-04-09 · courts

High Court refuses bid to appeal property settlement order

high court refuses bid to appeal property settlement order the refused eithne o’connor’s application challenge a circuit recording with brendan paes, finding that proceedings had been compromised and were not heard at trial. [2024] iehc 199 has an in dispute paes over ballincollig, county cork. judg

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Courts Service · 2024-04-09 · courts

High Court refuses injunctions in dispute over Ibis Red Cow Hotel

high court refuses injunctions in dispute over ibis red cow hotel the found serious issues to be tried alleged breaches of agreements, but held damages would an adequate remedy and refused orders restrict board changes a sale. [2024] iehc 190 has two injunction applications ownership hotel, finding

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Courts Service · 2024-04-09 · courts

Supreme Court judge would have ordered fresh PIAB assessment under pre-2021 law

supreme court judge would have ordered fresh piab assessment under pre-2021 law in a separate judgment bridget delaney’s appeal, justice faherty found the compulsory adoption of personal injury guidelines unconstitutional, while concluding that later legislation confirmed and could not apply them to

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Courts Service · 2024-04-09 · courts

Supreme Court upholds use of personal injury guidelines, but declares part of 2019 Act unconstitutional

supreme court upholds use of personal injury guidelines, but declares part 2019 act unconstitutional the said 2021 gave guidelines legal effect and that they applied to bridget delaney’s assessment. it proposed dismissing her appeal, subject declarations costs. [2024] iesc 10 has appeal against in a

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Courts Service · 2024-04-09 · courts

Court of Appeal dismisses challenge to sentence for serious pub assault

court of appeal dismisses challenge to sentence for serious pub assault the ruled that a 2½-year custodial term an attack causing life-threatening brain injuries was not unduly lenient, while stressing it could simply substitute its preferred sentence. has dismissed director public prosecutions agai

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Courts Service · 2024-04-08 · courts

High Court refuses to hear Glenman shareholder dispute in private

high court refuses to hear glenman shareholder dispute in private the judge rejected a bid hold entire oppression case camera, while leaving open possibility of targeted privacy applications at trial. [2024] iehc 304 has refused an application entirety proceedings between corporation limited’s two s

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Courts Service · 2024-04-08 · courts

High Court sends BWG guarantee dispute back for full hearing

high court sends bwg guarantee dispute back for full hearing the set aside a €63,655.87 summary judgment against sean and bernadette glynn, finding they had shown an arguable defence. it did not decide whether is enforceable. [2024] iehc 198 has circuit of glynn in with foods unlimited company, send

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Courts Service · 2024-04-08 · courts

Court of Appeal rules solicitor statement inadmissible in acquitted man’s trial

court of appeal rules solicitor statement inadmissible in acquitted man’s trial the answered a dpp referral negative, finding was wholly exculpatory and that fairness did not require its admission. acquittal unaffected. has ruled an accused man made to his criminal trial, it ruling affect acquittal.

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Courts Service · 2024-04-08 · courts

High Court orders surrender of three men sought over 39 alleged UK fraud offences

high court orders surrender of three men sought over 39 alleged uk fraud offences the dismissed objections based on rule speciality and human rights, finding that six-month sentences at issue were for civil contempt did not bar surrender. [2024] iehc 219 has ordered patrick sparling, daniel o’brien

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Courts Service · 2024-04-08 · courts

High Court strikes out claims against advisers as abuse of process

high court strikes out claims against advisers as abuse of process mr justice cregan struck the proceedings brought by arnaud gaultier and sup pliable limited an accountant a solicitor. reserved question costs for further submissions. [2024] iehc 226 has in full mark reilly solicitor aine mcguigan,

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Courts Service · 2024-04-05 · courts

High Court to inspect Bank of Ireland documents after finding fraud exception engaged

high court to inspect bank of ireland documents after finding fraud exception engaged the found prima facie evidence supporting former employee’s allegations about a duplicate accounting system, but has not yet decided whether any privileged should be disclosed. [2024] iehc 228 will over which claim

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Courts Service · 2024-04-05 · courts

High Court refuses summary judgment in €1.36m construction bond claim

high court refuses summary judgment in €1.36m construction bond claim the found amtrust had shown a bona fide defence to gembira’s and granted it leave defend proceedings. underlying liability remains unresolved. [2024] iehc 188 court, commercial has refused gembira limited’s application for against

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Courts Service · 2024-04-02 · courts

Court of Appeal sends Sliabh Bawn wind farm valuation back to Tribunal

court of appeal sends sliabh bawn wind farm valuation back to tribunal the said must consider energy output data available before certificate was issued, while excluding later figures from its review. [2024] ieca 68 has sent coillte’s tribunal, ruling that should have considered recorded issued. it

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