Medicall Ambulance Ltd -v- H. S. E., Competition law, “undertakings”

By: Mark Tottenham BL on 30/03/2011

Medicall Ambulance Ltd -v- H. S. E. [2011] IEHC 76 (High Court, Cooke J, 8 March 2011)

High Court declares, by way of preliminary issue, that the HSE is an “undertaking” for the purposes of competition law when engaging in the provision of ambulance services. …



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H. S. E. -v- O’B, Mental health, jurisdiction of court to intervene

By: Mark Tottenham BL on 30/03/2011

H. S. E. -v- O'B. (a person of unsound mind not so found) [2011] IEHC 73 (High Court, Birmingham J, 3 March 2011)

High Court holds that it has inherent jurisdiction to intervene to safeguard interests of an adult who lacked mental capacity to make decisions about his own welfare. …



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Chikhi & Anor -v-MJELR, Residence card, delay in review

By: Mark Tottenham BL on 30/03/2011

Chikhi & Anor -v-MJELR & Ors [2011] IEHC 53 (High Court, Clarke J (Frank), 18 February 2011)

High Court grants order of mandamus, directing Minister to review application for residence card within 28 days. …



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Lamasz & Anor -v- MJELR, Residence card

By: Mark Tottenham BL on 30/03/2011

Lamasz & Anor -v- MJELR [2011] IEHC 50 (High Court, Cooke J, 16 February 2011)

High Court grants judicial review of refusal of residence card by Minister. …



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Saleem -v- MJELR, Immigration, statement of opposition

By: Mark Tottenham BL on 30/03/2011

Saleem -v- MJELR [2011] IEHC 55 (High Court, Clarke J (Frank), 4 February 2011)

High Court directs that respondent replead statement of opposition to clarify position on certain issues in statement of grounds. …



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Laycock -v- Gaughan & Ors, Medical negligence

By: Mark Tottenham BL on 30/03/2011

Laycock -v- Gaughan & Ors [2011] IEHC 52 (High Court, Quirke J, 21 January 2011)

High Court dismisses plaintiff’s claim for damages for alleged medical negligence. …



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MJELR -v- Adam, European arrest warrant, delay

By: Mark Tottenham BL on 30/03/2011

MJELR -v- Adam [2011] IEHC 68 (High Court, Edwards J, 3 March 2010)

High Court orders surrender of respondent to the Czech Republic, notwithstanding significant prosecutorial delay. …



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Saleem & Anor -v- MJELR, Refusal of residence card

By: Mark Tottenham BL on 30/03/2011

Saleem & Anor -v- MJELR & Ors [2011] IEHC 49 (High Court, Cooke J, 16 February 2011)

High Court grants order of mandamus directing Minister to take a decision within 28 days on review of request for residence card. …



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MJELR -v- Sawczuk, European arrest warrant

By: Mark Tottenham BL on 30/03/2011

MJELR -v- Sawczuk [2011] IEHC 41 (High Court, Edwards J, 4 February 2011)

High Court orders surrender of respondent to Poland, notwithstanding allegations of inhumane prison conditions which might breach his human rights. …



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In re Michael McLoughlin (Pharmacy) Ltd, Examinership, scheme of arrangement

By: Mark Tottenham BL on 30/03/2011

In re Michael McLoughlin (Pharmacy) Ltd [2011] IEHC 28 (High Court, Clarke J (Frank), 28 January 2011)

High Court approves revised schemes of arrangement in relation to two related companies, having been satisfied that certain issues had been resolved. …



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In re McInerney Homes Ltd (2) Examinership, reopening of previous decision of court

By: Mark Tottenham BL on 30/03/2011

In re McInerney Homes Ltd (2) [2011] IEHC 25 (High Court, Clarke J (Frank), 21 January 2011)

High Court allows parties to reopen matters previously decided on the basis of new evidence. …



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Lackagh Quarries Ltd -v- Galway City Council, Planning, refusal of extension of time

By: Mark Tottenham BL on 30/03/2011

Lackagh Quarries Ltd -v- Galway City Council [2010] IEHC 479 (High Court, Irvine J, 21 December 2010)

High Court exercises its discretion to refuse certiorari of decision by local authority to refuse to extend the time of a planning permission, notwithstanding that it had acted ultra vires in taking irrelevant matters into consideration. …



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Gilmore & Anor -v- Galway County Council, Damage to buildings, assessment of damages

By: Mark Tottenham BL on 30/03/2011

Gilmore & Anor -v- Galway County Council & Ors [2010] IEHC 483 (High Court, Murphy J, 9 November 2010)

High Court awards €102,780 to one plaintiff and €75,055 to another plaintiff in respect of damage to buildings from excavation works by local authority. …



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CAB v H., Proceeds of crime, identification of parties

By: Mark Tottenham BL on 28/03/2011

CAB v H. [2011] IESC 10 (Supreme Court, Denham J, 25 March 2011)

Supreme Court affirms order of High Court (Feeney J) refusing to vary or discharge order to sell property, but orders that parties to action not be identified. …



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Re McInerney Homes Ltd (4) – Increased offer for company in examinership

By: Mark Tottenham BL on 28/03/2011

Re McInerney Homes Ltd (4) [2011] IEHC 63 (High Court, Clarke J (Frank), 21 February 2011)

Examinership – orders required – matters arising – offer made in relation to company – whether confirmation issue to be revisited – finality of litigation – increased offer – whether abuse of process. …



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D. P. P. -v- Judge Hunt, Hybrid offence, return for trial

By: Mark Tottenham BL on 28/03/2011

D. P. P. -v- Judge Hunt [2011] IEHC 56 (High Court, McMahon J, 18 February 2011)

High Court grants judicial review of refusal of Circuit Court judge to make order in respect of person accused of “hybrid offence”, and declaring that Circuit Court should deal with matter on foot of existing return for trial. …



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Mohamud & Anor -v- MJELR, Residence card

By: Mark Tottenham BL on 28/03/2011

Mohamud & Anor -v- MJELR [2011] IEHC 54 (High Court, Cooke J, 18 February 2011)

High Court grants certiorari of decision to refuse residence card to applicant married to EU national. …



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Release Speech Therapy Ltd -v- H. S. E., Judicial review of refusal of state contract

By: Mark Tottenham BL on 28/03/2011

Release Speech Therapy Ltd -v- H. S. E. [2011] IEHC 57 (High Court, McMahon J, 18 February 2011)

High Court refuses judicial review of decision to award tender, on grounds that the respondent was entitled to conclude that the applicant was not qualified. …



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In Re McInerney Homes Ltd (3) – Examinership, scheme of arrangement

By: Mark Tottenham BL on 28/03/2011

In Re McInerney Homes Ltd (3) [2011] IEHC 61 (High Court, Clarke J (Frank), 17 February 2011)

High Court confirms previous decision that proposed scheme of arrangement in relation to subject company was unfairly prejudicial to one of the creditors. …



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Coulibaly [a minor] -v- MJELR, Application to dismiss JR of deportation

By: Mark Tottenham BL on 28/03/2011

Coulibaly [a minor] -v- MJELR [2011] IEHC 47 (High Court, Cooke J, 14 February 2011)

High Court refuses state’s application to dismiss judicial review of deportation order. …



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