Justis Irish Cases (Case Law)
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Colum Browne v The Revenue Commissioners
Tax appeal. Sale of the capacity. Taxable supply. Accountable person. Vat paid
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Sancus [IOM] Ltd v Corbett
Costs of the summary judgment motion. Settlement agreement. Sale of the site
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An Taisce -The National Trust for Ireland v Minister for Agriculture Food and the Marine and Others
Derogation decision. Good surface water chemical status. Unforeseen adverse environmental effects. Mitigation measures. Purposes of art. Preferred alternative
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Moore v The Governor of Limerick Prison and Others
Breach of rights. Claim for damages. Amendment application. Trial of a preliminary issue. Limitation period
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Power and Another v an Bord Pleanala
Point of law of exceptional public importance. Judicial review of a planning permission. Habitats directive. Conservation objectives
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Dowling v an Bord Pleanala
Notice party. Judicial review. Application for leave. Clerical error. Tribunal aux. Planning permission
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Scully v Coucal Ltd
Assignment of a right of action for damages in tort. Particular rule against enforcement of transactions savouring of champerty. Public policy. Cause of action
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Burke v an Adjudicator Officer and Another
Second costs hearing. Judicial review proceedings. Notice party. Claim on the grounds of abuse of process
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O'Connor v Lackabeg Ltd t/a The Arc Bar & Restaurant and Others, Shannon v Lackabeg Ltd t/a The Arc Bar & Restaurant
Judgment creditor. Costs order. Discovery in aid. Interpretation of procedural rules. Aid of execution
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Leitrim County Council v Dromaprop Ltd
Order for remedial works. Term accommodation without a separate grant of planning permission. Application of the exemption for protection seekers. Change of use
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Dromaprop Ltd v Leitrim County Council
Invalidation of the compliance certification. General principle. Works in large construction projects. Building control
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Phoenix Rock Enterprises t/a Frank Pratt & Sons v Hughes
Property rights in the context of interlocutory injunctions. Contract for the sale of land. Part performance. Managing director. Telephone call
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Gaultier and Another v Reilly and Others
Ruling on the interlocutory reliefs. Professional negligence proceedings. Appeal from the judgment. Member companies. Notice of motion. Second plaintiff
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Dooner v Fahy
Income tax. Criminal prosecution. Applicable law. Civil penalty. Returns for the periods
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Director of Public Prosecutions v Meijvogel
Sea fishing vessel within the exclusive fishery limits. Error of principle by the sentencing. Fishing gear. Equipment infringements
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Charities Regulatory Authority v Ellard
Nature of a criminal offence. Limitation on the powers of the inspector. Third party. Charitable organisation. Registered charity. Company secretary
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Everyday Finance Designated Activity Company v Flood
Undue influence. Independent legal advice. Lack of capacity. Gave evidence. Family home. Quarry lands
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Nolan v The County Council of the County of Waterford and Others
Bill of costs. Scale of recoverable fees. Conduct of civil actions. Third defendants
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Creganna Ltd v Cullen and Another
Interlocutory injunction. Validity of a restraint clause in an employment contract. Adequate remedy. Serious question
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Killaree Lighting Services Ltd v Mayo County Council
Costs of the proceedings. Successful party. Public procurement. Proper standstill notice. Impugned contract. Letter issue
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I.T. v The Minister for Justice
Decision on retention of residence rights. Law of general application. Divorce proceedings. Eu citizen
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Byrne v Mars Capital Ireland DAC
Statement of claim in the third proceedings pleads. Cause of action. Transactional decision. Settlement agreement
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Eugene Eugene McCool (Substituted as plaintiff for McCool Controls and Engineering Ltd by order of the Master of 8th November, 2017) v Honeywell
Costs orders. Substantive appeal judgments. Substitution application. General rule
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O'Connor v Karl Goodwin Motors Ltd and Others
Consumer goods. Breach of warranty. Motor vehicles. Adequate after sales service. Merchantable quality. Gave evidence
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McGill Construction Ltd v Blue Whisp Ltd
Jurisdictional objection after the other party. Adjudicator's decision. Breach of fair procedures. Notice of intention. Payment dispute
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Masterson and Others v Coras Iompair Eireann
Pensions act. Principles of statutory interpretation require. Funding standard. Trustees of the scheme. Funding proposal
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Director of Public Prosecutions v Anghel
Jury trial. Circumstantial evidence. Dna evidence. Defence counsel. Crime scene
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Kernan and Another v Sweeney and Another
Action on grounds of delay. Notice for particulars. Nature of general prejudice. Second defendant
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KR and Another v Health Service Executive
Judicial review. Complaints process. Consent order. Assessment of needs. Health service
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Lyons v Commissioner of Valuation, Lyons Pub Ardagh Ltd v Commissioner of Valuation, Hayes v Commissioner of Valuation
Judgments in the context of a statutory right of appeal. Tribunal decision. Valuation list. Valuation certificate. Hypothetical tenant