cc v ireland

180 results for cc v ireland

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  • Cromane Foods Limited & anor -v- Minister for Agriculture, Fisheries & Food & ors, [2016] IESC 6 (2016)

    ...Dunne J. Charleton J. Between/. Cromane Seafoods Limited and O’Sullivan McCarthy Mussel Development LimitedPlaintiffs/Respondentsand. The Minister for Agriculture, Fisheries and Food, Ireland and the Attorney General. Defendants/Appellants. Judgment of Mr. Justice Clarke delivered the 22nd February, 2016. 1. Introduction. 1.1 The circumstances in which the State may be liable for mistakes ...

  • Hansfield Developments Ltd & Ors -v- Irish Asphalt Ltd & Ors [Part 1 & Associated Schedules], [2010] IEHC 32 (2010)

    ...5. Submissions on behalf of the Second, Third and Fourth Named Defendants. Mr. MacCann on behalf of the second, third and fourth named defendants, being the Northern Ireland companies, presented his submissions to the court by referring to the fact that insofar as his clients are concerned, the claim as against them is partly reflective and partly secondary. He referred ...

  • Attorney General -v- Davis, [2016] IEHC 497 (2016)

    ...The Extradition Request and Correspondence of Offences. 14. The requirements of a valid extradition request are set out in Part II of the Extradition Act 1965 as amended. Ireland made a Treaty on Extradition with the United States of America at Washington on 13th July, 1983 which was later amended by the Agreement on Extradition between the United States of America and the ...

  • Director of Public Prosecutions -v- Heffernan, [2017] IESC 5 (2017)

    ...Nonetheless, the distinction remained relevant to the issue of justification because, as Kerr LCJ. had said in the Northern Ireland case of R. v. McQuade [2005] NICA 2, it was clear that it was easier to justify a burden on a defendant claiming entitlement to a statutory defence than to support a requirement that a defendant ...

  • Irish Hardware Association -v- South Dublin Co. Co., [2001] IESC 5 (2001)

    ...As Henchy J. pointed out in Mogul of Ireland .v. Tipperary (NR) C.C. (1976) IR 261 at p. 272:-"A decision of the full Supreme Court (be it the pre-1961 or the post-1961 court), given in a fully argued case and on a consideration of all the ...

  • S. -v- H. S. E. & Ors, [2009] IEHC 106 (2009)

    ...ARTICLE 40.4.2˚ OF BUNREACHT NA h╔IREANN. BETWEEN. V. T. S.APPLICANTAND. THE HEALTH SERVICE EXECUTIVE. AND. THE MERCY UNIVERSITY HOSPITAL LIMITED. AND BY ORDER. IRELAND AND THE ATTORNEY GENERALRESPONDENTSJUDGMENT of Mr. Justice John Edwards delivered on 11 February 2009. Introduction. On 28th October, 2008, this court was asked by the applicant to open an inquiry ...

  • Arklow Holidays Limited v An Bord Pleanala & ors, [2011] IESC 29 (2011)

    ...Fennelly J. Finnegan J. IN THE MATTER OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS 1963-95. BETWEEN. ARKLOW HOLIDAYS LIMITED. APPLICANT/APPELLANT. and. AN BORD PLEANÁLA, IRELAND AND THE ATTORNEY GENERAL. RESPONDENTS. and. WICKLOW COUNTY COUNCIL, ARKLOW URBAN DISTRICT COUNCIL, SEABANK AND DISTRICT RESIDENTS ASSOCIATION, ARKLOW ACTION GROUP, WICKLOW PLANNING ALLIANCE, AN ...

  • Okunade v Minister for Justice Equality and Law Reform & the Attorney General, [2012] IESC 49 (2012)

    ...(an infant suing by his mother and next friend . Oluwaseun Comfort Okunade)Applicants/Appellants and. The Minister for Justice Equality and Law Reform, . Ireland and The Attorney GeneralRespondents . Judgment of Mr. Justice Clarke delivered the 16th of October, 2012 . 1. Introduction. 1.1 It hardly needs to be stated that there has been a significant growth, ...

  • Walsh & Ors -v- The Governor of Midlands Prison & Ors, [2012] IEHC 229 (2012)

    ...Nonetheless, this restriction, or even destruction, of a fundamental family right can be lawful within the context of a harmonious interpretation of the Constitution; Murray v. Ireland, [1985] I.R. 532. Among the fundamental rights retained by prisoners are those to legal and medical assistance and to access the courts. There is no entitlement to expose the health of a prisoner to ...

  • P.G. -v- Ireland & Ors, [2005]IESC47 (2005)
  • D.P.P.-v- Catherine Nevin, [2010] IECCA 106 (2010)

    ... Irish Law, “the legislative reaction to the fall out from recent well publicised cases of miscarriages of justice, including the Guildford Four and Birmingham Six cases in Britain and, in Ireland, the Nicky Kelly case.” The learned authors of the Review considered that the statute, together with another passed in the same year, “resulted in enormous changes to the Irish criminal justice ...

  • Rojack -v- Taylor & Anor, [2005] IEHC 28 (2005)

    ...(iii) Susan who was born in 1985,. (iv) Stanley who was born in 1988 and. (v) Julie who was born in 1990. 3. The plaintiff, who was then the mother of two children returned to Ireland in 1982. Her father Dr. Stanley Boland had been diagnosed with cancer. The plaintiff moved, with her children, to live with her parents in North Avenue. Shortly thereafter the plaintiff's husband Tom ...

  • S. -v- H. S. E. & Ors, [2009] IEHC 106 (2009)

    ...ARTICLE 40.4.2˚ OF BUNREACHT NA h╔IREANN. BETWEEN. V. T. S.APPLICANTAND. THE HEALTH SERVICE EXECUTIVE. AND. THE MERCY UNIVERSITY HOSPITAL LIMITED. AND BY ORDER. IRELAND AND THE ATTORNEY GENERALRESPONDENTSJUDGMENT of Mr. Justice John Edwards delivered on 11 February 2009. Introduction. On 28th October, 2008, this court was asked by the applicant to open an inquiry ...

  • S. -v- H. S. E. & Ors, [2009] IEHC 106 (2009)

    ...ARTICLE 40.4.2˚ OF BUNREACHT NA h╔IREANN. BETWEEN. V. T. S.APPLICANTAND. THE HEALTH SERVICE EXECUTIVE. AND. THE MERCY UNIVERSITY HOSPITAL LIMITED. AND BY ORDER. IRELAND AND THE ATTORNEY GENERALRESPONDENTSJUDGMENT of Mr. Justice John Edwards delivered on 11 February 2009. Introduction. On 28th October, 2008, this court was asked by the applicant to open an inquiry ...

  • S C [Minor] & Ors -v- Minister for Justice Equality & Law Reform, [[2004] IEHC 399 (2004)

    ...Joseph Mortell during their respective consideration of R.C.'s application for revocation of the deportation order. 18. R.C. re-entered the State on 18th July, 2003 and has been living in Ireland with S.C. their daughter and her son between that date and the date of the hearing of these proceedings. FACTUAL BACKGROUND - A.C. 1. A.C. who is a Romanian national arrived in this jurisdiction on ...

  • Mulcreevy -v- Minister for Environment, Heritage and Local Government & anor, [2004] IESC 5 (2004)

    ... with the works, required the joint consent of the first named respondent in these proceedings (hereafter "the Environment Minister") as the successor of the Commissioners of Public Works in Ireland (hereafter "the Commissioners") and the local authority. It was conceded on behalf of the local authority that the consent of the Environment Minister had not been obtained, but in addition to ...

  • J and E Davy trading as Davy -v- Financial Services Ombudsman & Ors, [2008] IEHC 64 (2008)

    JUDGMENT BY: Kelly J. THE HIGH COURT. COMMERCIAL2008 No. 140 J.R.BETWEENJ. AND E. DAVY TRADING AS DAVY APPLICANTAND. FINANCIAL SERVICES OMBUDSMAN, IRELAND . AND THE ATTORNEY GENERAL RESPONDENTSAND. ENFIELD CREDIT UNIONNOTICE PARTY. 2008 No. 17 MCAANDIN THE MATTER OF AN APPEAL PURSUANT TO SECTION 57 CL OF THE CENTRAL BANK ACT 1942, (AS INSERTED BY ...

  • J & E Davy trading as Davy -v- Financial Services Ombudsman & Ors, [2008] IEHC 256 (2008)

    Neutral Citation [2008] IEHC 256THE HIGH COURT. JUDICIAL REVIEW2008 No. 140 JRBETWEENJ. & E. DAVY TRADING AS DAVYAPPLICANTAND. FINANCIAL SERVICES OMBUDSMAN, IRELAND AND. THE ATTORNEY GENERALRESPONDENTSAND. ENFIELD CREDIT UNIONNOTICE PARTYJudgment of Mr. Justice Charleton delivered the 30th July, 2008. 1. On 21st January, 2008, the Financial Services Ombudsman ...

  • D. P. P. -v- Duffy & Anor, [2009] IEHC 208 (2009)

    ...Whittle, Alison and Brammar [2008] E.W.C.A. Crim. 2560, rather than to that of the Commission or of the Courts. Sentencing - Ireland:. 35. In Irish Law it has been established for many years that any sentence imposed must reflect the crime and the criminal. It must be rational in its connection to both. It must be proportionate. ...

  • D. P. P. -v- Duffy & Anor, [2009] IEHC 208 (2009)

    ...Whittle, Alison and Brammar [2008] E.W.C.A. Crim. 2560, rather than to that of the Commission or of the Courts. Sentencing - Ireland:. 35. In Irish Law it has been established for many years that any sentence imposed must reflect the crime and the criminal. It must be rational in its connection to both. It must be proportionate. ...

  • D. P. P. -v- Duffy & Anor, [2009] IEHC 208 (2009)

    ...Whittle, Alison and Brammar [2008] E.W.C.A. Crim. 2560, rather than to that of the Commission or of the Courts. Sentencing - Ireland:. 35. In Irish Law it has been established for many years that any sentence imposed must reflect the crime and the criminal. It must be rational in its connection to both. It must be proportionate. ...

  • D.P.P. -v- Sweeney, [2001] IESC 80 (2001)

    ...But upon the amalgamation of the courts under the Judicature Acts a common practice of discovery of documents was established by those Acts and the Rules of Court made thereunder. In Ireland, the Rules of the Supreme Court (Ireland) 1905 are fully set out in Wylie's Judicature Acts. O. 31, r. 12 of those rules provided that any party might apply to the court for an order directing any ...

  • Gordon -v- Louth Motorcycle Racing Club, [2008] IEHC 175 (2008)

    ...The race was one of a series of races which together make up the Motor Cycling Road Race Championship of Ireland. It was organised by the defendants who are experienced road racing organisers and took place on a closed off section of the main Dublin to Belfast road just outside Dundalk in County Louth. The ...

  • Sheehy -v- Talbot, [2008] IEHC 207 (2008)

    ...This position was improved considerably by the passing of the Partition Acts, 1868 and 1876, both of which applied to Ireland. "[7.36] These acts gave the court power to order a sale of the property instead of physical partition and to divide the proceeds amongst the co-owners in accordance with their shares. The obvious ...

  • Sheehy -v- Talbot, [2008] IEHC 207 (2008)

    ...This position was improved considerably by the passing of the Partition Acts, 1868 and 1876, both of which applied to Ireland. "[7.36] These acts gave the court power to order a sale of the property instead of physical partition and to divide the proceeds amongst the co-owners in accordance with their shares. The obvious ...