personal guarantees ireland

555 results for personal guarantees ireland

  • vLex Rating
  • Campus and Stadium Ireland Development Limited v Dublin Waterworld Limited, [2005] IEHC 201 (2005)

    ...The project agreement, insofar as it contained guarantees, was a critical departure from the performance bond which had been agreed to in the heads of ...While his personal view may carry little weight it would in my view be a reasonable attitude to be adopted by any ...

  • Maguire & ors -v- Ardagh & ors, [2002] IESC 21 (2002)

    ...DEFENCE AND WOMEN'S RIGHTS, IRELAND AND. THE ATTORNEY GENERAL. Respondents/Appellants. JUDGMENT ..., however grave, made against them concerning their personal conduct. Persons called to attend are free to make such ..."1. The State guarantees in its laws to respect, and, as far as practicable, by its laws ...

  • Friends of the Irish Environment Limited & Anor v The Minister for the Environment Heritage and Local Government & Ors, [2005] IEHC 123 (2005)

    ... FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND, THE ATTORNEY GENERAL AND GALWAY COUNTY COUNCILDEFENDANTSJUDGMENT ... to grant a stay would not deprive the plaintiff of a personal or juridical advantage available to it in the Irish courts. On ...A restriction of the guarantees against and infringement of Article 12 by Member States to the ...

  • Noonan (aka Hoban) -v- DPP, [2007] IESC 34 (2007)

    ... of law pursuant to Article 38.1 of the Constitution of Ireland. (ii) The respondent has violated the applicant's right to a ... 40.3.1° of the Constitution provides: "The State guarantees in its laws to respect, and, as far as practicable, by its laws o defend and vindicate the personal rights of the citizen.". And Article 40.3.2° states:. "The State ...

  • Dundon -v- The Governor of Cloverhill Prison, [2005] IESC 87 (2005)

    ... or the Irish courts system which confines the problem to Ireland. I will now turn to the factual background to this case before ... is unable to invoke full and appropriate protection of personal and human, (including constitutional) rights, which it is the ... with an open and transparent judicial procedure which guarantees respect for fundamental human rights. As is pointed out in the ...

  • Cunningham -v- President of the Circuit Court & Anor, [2007] IEHC 473 (2007)

    ... prosecution should be brought on behalf of the people of Ireland. The [Director] having taken such a decision, the courts are slow ... right to be hugely significant and one of the core guarantees contained in the Constitution. As stated many times, this right ... the Board - all at a time when he would not have been personally familiar with such matters. Dr. Lawlor, who also suggests that ...

  • Framus Ltd & ors -v- CRH PLC & ors, [2004] IESC 25 (2004)

    ..., delivery and laying of bituminous materials in Ireland, in particular the market outside Dublin. The principal activity ..., control (including their way of loans, loan guarantees or otherwise), of or over sources of concrete products, ... in a competition case is very different from that in a personal injuries action, and any reference to precision in categories of ...

  • Osmanovic, C. -v- D.P.P., Osmanovic, D.-v- D.P.P., Sweeney -v- Ireland & Anor, [2006] IESC 50 (2006)

    ... the particular circumstances of the commission of the relevant offence and the relevant personal circumstances of the person sentenced."The judge then further stated:"The sentence to be imposed on ...In The State (Healy) v. O'Donoghue [1976] I.R. 325 Henchy J. said that the Constitution guarantees that a citizen should not be deprived of his liberty by a trial conducted so as to shut out 'a ...

  • Cooney -v- Minister for the Environment & ors Riordan -v- Government of Ireland & ors King -v- Minister for the Environment & ors, [2006] IESC 61 (2006)

    .... 3.1° The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the ... a political party registered under the 1963 Electoral Act, which then applied, was not a personal right of the citizen within the meaning of Article 40.3 of the Constitution and that discrimination ...

  • A.D v The Director of Public Prosecutions, [2006] IEHC 135 (2006)

    ... was arrested for the purposes of having him extradited to Ireland, the applicant having travelled to England during that period. He ... undoubted be other potential effects in the applicant's personal and employment life. Against these issues counsel for the ... the authorities have established that the Constitution guarantees to every citizen that the trial of a person charged with a ...

  • Blehein -v- St. John of God Hospital & anor, [2001] IESC 73 (2001)

    ...(f) That, the provisions of the Constitution of Ireland notwithstanding, the condition of being suspected of a mental ... that they can disabuse their minds of any irrelevant personal beliefs or predispositions. They must take into account the fact ... were made without statutory authority, violate the guarantees of due process of law; that they impinge on the guarantees of the ...

  • O Donnell(a minor) & Ors v South Dublin County Council, [2007] IEHC 204 (2007)

    ...Functional performance across the range of personal activities of daily living is limited in each case. The first ... sex, age and state of health of the victim, citing The Ireland v. United Kingdom, judgment of 18th January, 1978. It then gave ... thereto, must be interpreted in such a way that it guarantees not rights that are theoretical or illusory but rights that are ...

  • P.L. -v- DPP & anor, [2004] IESC 110 (2004)

    ... in England at a period when her presence in rural Ireland was central to the prosecution case. The trial, without this ... relief though I do think it necessary to express some personal views on what to some extent are divergent opinions on the legal ... the accused person enjoys the protection of all the guarantees provided by law and the Constitution. The accused, in every ...

  • His Honor Judge Alan P Mahon & Ors v Post Publications Limited t/a The Sunday Business Post, [2005] IEHC 307 (2005)

    ... the Tribunal may have in relation to the issues of personal and commercial confidentiality. In order to protect these ...There it is stated that "the State guarantees liberty for the exercise, subject to public order and morality, ...in The Irish Times v. Ireland [1998] 1 I.R. 359 is on point where he said:-"These rights must ...

  • DPP -v- Maguire, [2004] IESC 53 (2004)

    ... country it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be ...Release may be conditioned by guarantees to appear for trial. It will be noted that the formula ... of Public Prosecutions, his servants or agents and not Ireland, the Attorney General, the People, or the community generally. ...

  • DPP -v- Gilligan, [2005] IESC 78 (2005)

    ... this (and related) trials, there has been no case law in Ireland regarding evidence of witnesses in a State Witness Protection ... Article 34; with Article 34.1.1, under which the State guarantees in its laws to "respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen"; and with subs. 2 of the same section ...

  • P.H v Ireland & Ors, [2006] IEHC 40 (2006)

    ... permissible for the State, when enacting legislation which sought to defend or vindicate personal rights of citizens, to have regard to the practicalities or feasibility of imposing the proposed ... judge was entitled to take into account, then, prima facie having regard to the guarantees in Articles 38.1 and 40.3, the accused should ordinarily be entitled to make submissions to a ...

  • Doherty & Anor -v- Sth Dublin County Council & Ors, [2007] IEHC 4 (2007)

    ...Ireland and the Attorney GeneralRespondentsand . the Equality ...The State guarantees in its laws to respect, and, as far as practicable, by its laws o defend and vindicate the personal rights of the citizen. 2. The State shall, in particular, by its ...

  • Club Tiviola Ltd -v- Companies Act, [2005] IEHC 468 (2005)

    ... relevance that a statement of account from Guinness UDV Ireland indicates that the sum of 16,881.19 was owed to this particular ...These are:i. The respondent personally lent the Company the sum of 35,400 in order to secure the ... new investment, while respondent furnished personal guarantees, the pattern of events demonstrates that from the very outset it ...

  • Mc Cann -v- Judges of Monahan District Court & Ors, [2009] IEHC 276

    ..., THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, IRELAND AND THE ATTORNEY GENERALDEFENDANTSAND. HUMAN RIGHTS COMMISSION ... to natural justice by reference to the plaintiff's personal circumstances, in particular, that she suffers from a depressive ... urged by the Commission that the Constitution and the guarantees thereunder should be informed by the Convention and by ...

  • H. S. E. -v- Judge White, [2009] IEHC 242

    ... criminal proceedings brought on behalf of the people of Ireland at the suit of the first named notice party against the second ...The other was an independent review of the health and personal social services provided by the HSE to the late Mrs. Joel in the ...3, sub-s. 1, under which "the State guarantees in its laws to respect, and, as far as practicable, by its laws ...

  • Spin Communications Ltd t/a Storm FM -v- IRTC & anor, [2001] IESC 12 (2001)

    ... Commission, did not decide upon the determination of his personal vote on the radio applications until the final meeting of the ... where he stated "It seems clear from the case law in Ireland and England that an allegation of bias must be made on foot of ... considering whether it had observed the constitutional guarantees of fair procedures or natural justice, it seems to me that those ...

  • The Director of Public Prosecutions v Monaghan, [2007] IEHC 92 (2007)

    ...Clearly, where someone is subject to an assault, their personal rights are infringed. Article 8 of the European Convention on ...2. The State, therefore, guarantees to protect the family in its constitution and authority, as the ... the legally compellable duty of every person residing in Ireland to obey any Summons to appear before a court or tribunal and to ...

  • Von Gordon -v- Helaba Dublin Lande Bank Hessen-Thuringen International and ors, [2003] IESC 64 (2003)

    ...He says that he has suffered, as a result, from personal injury consisting of headaches, depression and psychiatric ... of credits in Dublin by any means of the provision of guarantees for these loans by Helaba Frankfurt.". Clearly, these allegations ... a suggestion that the defendants' banking operations in Ireland are used fictitiously to conduct German lending business. It is, ...

  • Western Health Board -v- M, [2001] IESC 104 (2001)

    ...in the case of Bank of Ireland v Purcell [1989] IR 327. Further the Act should be construed in ... the function of the Courts to ensure that the guarantees given to an individual child are upheld. While this authority is ... 40 of the Act of 1952 were an infringement of the personal right of the citizen to travel outside the State and, ...