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Tag Archives: High Court

High Court strikes out claim by widower of Sylvia Roche Kelly

The High Court has struck out an action for damages brought by the widower of murdered mother of two Sylvia Roche Kelly. The body of Ms Roche Kelly was found lying face down in the bath of a hotel in December 2007, after she met her murderer while out celebrating her 33rd birthday. She was violently beaten and strangled. Gerard McGrath Ballywalter, Knockavilla, County Tipperary, was later sentenced at the Central Criminal Court to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8, 2007. McGrath was on bail at that time on a charge of assaulting a female taxi driver in April 2007. Her widower, Lorcan Roche Kelly from Sixmilebridge sued the State and other parties, including the Garda Commissioner and the Minister for Justice, for damages alleging his wife’s killer was “free to commit the crime of murder when he should have been in custody.” He claimed the failure and inaction of …

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High Court hip replacement test case

Dozens of cases being taken against the manufacturers of allegedly defective hip replacements may be struck out following a ruling by the High Court. In what is seen as a test action that may have implications for a number of Irish cases Ms Justice Mary Faherty ruled that a claim brought by County Clare woman against the hip replacement makers required an authorisation from the Personal Assessment Injuries Board PIAB, now known as injuriesboard.ie, before it could proceed to a hearing before the courts. Ms Randa Murphy from Ennis is one of a number of people who has sued DePuy international Ltd. The firm owned by Johnson & Johnson, is currently subject to thousands of cases worldwide. including several hundred in Ireland related to its 2010 world wide recall of faulty hip replacement systems it sold. While Ms Murphy has brought parallel proceedings against DePuy where an authorisation has been obtained it is understood that as a result of the …

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High Court settlement in ‘house demolition’ case

A couple whose home was demolished without any prior notice to them while a new dual carriageway was being constructed between Limerick and Nenagh have settled their High Court damages action. Brian and Mary O’Shaughnessy claimed the last eight and a half years had been a nightmare after their single storey two bedroom old Irish farmhouse, at Annaholty, Birdhill, was razed to the ground and the site cleared on September 6th 2006. The site was never used for the new road. As a result of the loss of their home,which the couple was renovating at the time, they sought damages for alleged negligence from a number of parties including from Limerick County Council and The National Roads Authority, who it was claimed were both responsible for the operation, design and acquisition of land, and oversaw construction of the N7 dual carriageway scheme. They also sued RPS Consulting Engineers Ltd and EGIS Route Scetauroute SA (which was a joint venture in …

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High Court told cottage ‘demolished without permission’

The eight and a half year nightmare endured by a County Clare couple after their home was, without any prior notice to them, demolished while a new dual carriageway was being constructed between Limerick and Nenagh, was outlined in the High Court on Wednesday. Brian and Mary O’Shaughnessy,originally from County Clare, have been living in rented accommodation after their single storey two bedroom, described as an old Irish farmhouse, at Annaholty, Birdhill, was razed to the ground and the site cleared on September 6, 2006. The court heard while other houses in that area had been acquired and demolished in order to construct the dual carriageway, the O’Shaughnessys, whose property is close to the new road, were informed by the National Roads Authority (NRA) in 2003 their home did not need to be acquired in order to complete the project. As a result of the loss of their home, which the couple was renovating at the time, they are seeking …

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Cutting through the red tape for companies

The new Companies Bill passed in the Houses of the Oireachtas last week will ease the burden of red tape for Clare business people and simplify many existing company law requirements, according to local TD, Joe Carey. The Bill, which is the largest substantive piece of legislation in the history of the State, has now been sent to the President for signing. “The passing of the new Companies Bill through the Oireachtas is great news for entrepreneurs and business owners in County Clare as it will significantly ease the burden of red tape on small business,” said Mr Carey. It is estimated that 200,000 SMEs and 12,000 start-ups every year will be able to substantially reduce the costs and time associated with establishing and running a company, as a result of this Bill. “The vast majority of companies in Ireland are private companies limited by shares and for that reason they will be placed at the centre of the legislation. …

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Widower of murdered woman seeks damages

The High Court has been asked by the State to halt an action for damages brought against it by the widower of Sylvia Roche Kelly, from Sixmilebridge, who was murdered in Limerick seven years ago. The body of Ms Roche Kelly, a mother of two young children, was found lying face down in the bath of a hotel room in December, 2007 after she met her killer while out celebrating her 33rd birthday. She had been violently beaten and strangled. Gerard McGrath (24) Ballywalter, Knockavilla, County Tipperary, was sentenced at the Central Criminal Court five years ago to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8, 2007. McGrath was on bail at that time on a charge of assaulting a female taxi driver in April 2007. Lorcan Roche Kelly, on behalf of his two children, has sued the State and the Garda Commissioner for damages, alleging his wife’s killer was “free to …

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High Court appointment for Judge Moran

His Honour Judge Caroll Moran, who has presided over of the South Western Circuit Court for the past decade, is to become a High Court judge when a vacancy arises. The Government agreed in principle to nominate four serving judges of the Circuit Court, for appointment by the President, to fill four of the seven vacancies that will arise on the High Court once serving judges are appointed to the new Court of Appeal. The other judges in line for High Court appointments  are Honour Judge Mary Faherty, His Honour Judge Raymond Fullam and Her Honour Judge Carmel Stewart. Judge Carroll Moran was educated at University College Dublin and enrolled as a solicitor in1970. He was called to the Bar in 1975. With wide experience as a solicitor and barrister, in both civil and criminal law, Judge Moran was editor of the Irish Reports from 1993 to 1997 He was appointed as a judge of the circuit court in 1997, …

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Financial foundation laid for Rock Road amenity

IN one of the final acts of Ennis Town Council, funding has been arranged for an amenity scheme for the Rocky Road and water-based leisure facilities at Ballyalla, both a couple of miles on either side of the town. The council, in its last financial statement, has recommended that credits available in its current account be assigned to a number of areas, including specific funding of €22,697 for the Rocky Road and €25,765 for Ballyalla. The statement recommends that development contributions paid and due for recreation and amenity projects be assigned to recreation and amenity improvements, open space redevelopment and development at Ballyalla. The allocation of funding to the Rocky Road and Ballyalla was welcomed by all councillors. Other recommendations in the annual financial statement include that tenant purchase redemptions be assigned to improvement works on the housing stock of Ennis Town Council; that development contributions paid and due for car parks be assigned to the acquisition and improvement of …

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