Lynch v. Darlington Properties Ltd – HC – Garnishee order, guarantee, priority, crystallisation of floating charge

By: Mark Tottenham BL on 23/08/2011

Lynch v. Darlington Properties Ltd [2011] IEHC 273 (High Court, Peart J, 6 July 2011)

High Court (Peart J) refuses application for absolute order of garnishee. …



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OS v. MJELR – HC – Refusal of refugee status, exercise of discretion of Minister

By: Mark Tottenham BL on 23/08/2011

OS v. MJELR [2011] IEHC 291 (High Court, Hogan J, 7 July 2011)

High Court (Hogan J) refuses judicial review of decision by Minister to refuse declaration of refugee status. …



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JA v. MJELR – HC – Refusal to revoke deportation orders

By: Mark Tottenham BL on 23/08/2011

JA v. MJELR [2010] IEHC 520 (High Court, Ryan J, 15 December 2010)

High Court (Ryan J) refuses leave to seek judicial review of decision by Minister to refuse to revoke deportation orders. …



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FA v. Refugee Appeals Tribunal – HC – Refusal of refugee status

By: Mark Tottenham BL on 23/08/2011

FA v. Refugee Appeals Tribunal [2010] IEHC 517 (High Court, Ryan J, 5 November 2010)

High Court (Ryan J) refuses leave to seek judicial review of decision by Refugee Appeals Tribunal refusing declaration of refugee status. …



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Spellman v. DPP – HC – Criminal trial, failure to preserve evidence, CCTV footage

By: Mark Tottenham BL on 23/08/2011

Spellman v. DPP [2010] IEHC 506 (High Court, Irvine J, 10 June 2010)

High Court (Irvine J) refuses application for prohibition / injunction restraining criminal trail on the grounds of non-availability of CCTV footage. …



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Discovery of documents refused prior to delivery of defence

By: Mark Tottenham BL on 23/08/2011

McKeown v. Dairygold Trading Ltd [2011] MR 1 (High Court, Honohan (Master), 11 March 2011)

Master of the High Court refuses application for discovery of medical records and names and addresses of witnesses. …



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School admissions policy did not discriminate against travelling community.

By: Mark Tottenham BL on 22/08/2011

Christian Brothers High School Clonmel v. Stokes [2011] IECC 1 (, , 25 July 2011)

Circuit Court (Judge Teehan) allows appeal from Equality Officer, and determines that admissions policy of school was not in breach of equal status legislation. …



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Industrial relations legislation declared unconstitutional, and employment regulations orders thus invalid.

By: Mark Tottenham BL on 22/08/2011

John Grace Fried Chicken Ltd v. Catering Joint Labour Committee [2011] IEHC 277 (High Court, Feeney J, 7 July 2011)

High Court (Feeney J) grants declarations i) that certain provisions of the Industrial Relations Acts 1946 and 1990 were unconstitutional and ii) that an Employment Regulations Order made by the defendant was invalid as a consequence. …



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All Saints National School v. Courts Service – HC – Right of way, equitable easement

By: Mark Tottenham BL on 19/08/2011

All Saints National School v. Courts Service [2011] IEHC 274 (High Court, Peart J, 6 July 2011)

High Court (Peart J) finds that an equitable easement had arisen in respect of access to school through grounds of courthouse, subject to considerations of safety for users of the courthouse premises. …



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DPP v. Finnegan – CCA – Misuse of drugs, definition of possession, charge to jury

By: Mark Tottenham BL on 19/08/2011

DPP v. Finnegan [2011] IECCA 47 (Court of Criminal Appeal, Macken J, 28 July 2011)

Court of Criminal Appeal (Macken J, judgment of court) refuses leave to appeal from conviction of possession of drugs with intent to supply. …



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