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Tag Archives: High Court

Family home ‘wrongfully demolished’

THE High Court has found that consultant engineers and Limerick County Council were responsible for the wrongful demolition of a family home during the construction of a new dual carriageway between Limerick and Nenagh. Brian and Mary O’Shaughnessy described the destruction of their single storey two bedroom old Irish farmhouse, The Hollows at Annaholty, Birdhill, County Tipperary on September 6, 2006 was a nightmare. The site was never used for the new road. Giving judgment, Mr Justice Donald Binchy, who said it was “abundantly clear” what happened “was not down to any single act”, found the consultant engineers, which was a joint venture called RPS Scetauroute, was 70% responsible while the local authority was 30% responsible. A third party which carried out the actual demolition was found not to be negligent in the matter. The O’Shaughnessys sought damages for alleged negligence from several parties, including Limerick CC/The National Roads Authority, who it was claimed were both responsible for the operation, …

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Early court hearing on referendum result

AN appeal over a failed challenge to the Yes vote in the same sex marriage referendum will get an early hearing, the Court of Appeal heard. Gerry Walshe, of Lisdeen, Kilkee wants to appeal last week’s refusal by the President of the High Court, Mr Justice Nicholas Kearns, of his application to to bring a petition challenging the May 22 referendum result. He is seeking a stay restraining the issuing of the necessary certificate verifying the referendum result. Mr Justice Peter Kelly, dealing with Mr Walshe’s application on Friday, said papers in the case must be ready in two weeks when the court will give him a date for a hearing. The judge said it was an urgent matter and needed to be dealt with soon. Mr Walshe, representing himself, claims the decision is flawed on a number of grounds including that expenditure by the Government on the Yes campaign was not done openly and transparently and in accordance with …

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No restraint on media covering Dáil proceedings

The National Union of Journalists has welcomed the clarification in the High Court this Tuesday afternoon by Mr Justice Donald Binchy that there is no restraint on the media covering parliamentary proceedings arising from his injunction granted to businessman Denis O’Brien last month. Reacting to the ruling, Séamus Dooley, Irish secretary said, “This is an unambiguous ruling in favour of democracy. The right of parliamentarians to speak under privilege is a cornerstone of our democracy and the right of the media to fairly and accurately report such proceedings is fundamental. “Today is a good day for democracy and the determination will be warmly welcomed by all who believe in the democratic principles of our Republic. It is regrettable that motives have been imputed to journalists and the media organisations, whose sole purpose was the reporting of statements made under parliamentary privilege by an elected representative exercising her right under the constitution.”

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Shannon GP’s High Court action on under-six plan

A SHANNON- based doctor has launched a High Court action against the HSE’s arising out of its plans to provide free GP services to children under six years of age. In what is regarded as an important test action, Dr Yvonne Williams wants the introduction of the new scheme postponed until her representative body, the National Association of General Practioners (NAGP), has an opportunity to negotiate the scheme on behalf of its members. It is claimed the proposed scheme, which is due to come into effect in July, to provide free health care to all children under the age of six years will result in changes to Dr William’s General Medical Services (GMS) contract with the HSE. The GMS contract is the agreement between GPs and the HSE for the delivery of primary care services to medical card holders. She claims the changes to her GMS contract are being imposed on her unilaterally. She also says the exclusion of the …

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North Clare GP takes High Court action against HSE

A North Clare-based GP has launched a High Court action over the Health Service Executive’s decision that he does not qualify for payments under a scheme designed to ensure services are provided to medical card-holders in rural areas. The action has been brought by Dr Liam Glynn, a GP working out of Ballyvaughan and Fanore, arising out of a decision by the HSE earlier this year that he no longer qualified for payments under a scheme known as the Rural Practice Allowance. The scheme applies where a doctor lives and practices in a centre with a population of less than 500 people and where there is not a town with a population of 1,500 or more within a three-mile radius of that. He provides medical services  from Ballyvaughan Medical Centre and Fanore Dispensary, and makes numerous house calls to patients every week. The HSE in correspondence with Dr Glynn said its decision was based on the fact that Dr Glynn …

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Transaero exits examinership

Transaero in Shannon has successfully exited examinership this week. The aircraft maintenance specialist exited High Court protection on Wednesday after a three-month examinership succeeded in rescuing the business. In congratulating management and workers, Senator Tony Mulcahy said, “This is a hugely positive story as it secures the future of a significant aircraft maintenance facility, which it will also give confidence to other operators considering investment in Shannon. “It is important that Transaero’s customers and suppliers also be acknowledged for their support for the company. This important Shannon operation can move forward with confidence and I am particularly delighted that job security has now been confirmed for workers there,” he added.

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€50,000 award for garda in Gort siege

A 21-HOUR siege in Gort eight years ago was recalled this week when a retired garda sergeant, who suffered Post-Traumatic Stress Disorder (PTSD) following the incident, was awarded €50,000 damages in the High Court. Mr Justice Bernard Barton said during a Garda Compensation hearing that Peter Carr had been in a dangerous and life threatening situation and it was of no surprise that he had suffered psychological injuries. The court had heard that gardaí received a call from a woman at around 11.20pm on October 8, 2006, stating that shots had been heard at Crowe Street, Gort. Two garda cars were dispatched and it had transpired that a domestic dispute had taken place at No 67, where Anthony Burke had fired shots. His partner and three children had fled to a neighbour’s house. Mr Carr told the court that Burke, who had two shotguns and around 1,400 cartridges, had been firing round after round from his house, from the front …

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Judgement against Sharon Shannon and manager

Internationally acclaimed  Clare musician Sharon Shannon and her manager, John Dunford have consented before the Master of the High Court to a judgment for €520,000 being registered against them. Mr Dunford, as well as acting as Ms Shannon’s manager, is a well known music producer. Permanent TSB sought the judgment, both jointly and severally, against the pair after they allegedly failed to make repayments on a business loan taken out with the bank in 2006. In its proceedings, Irish Life and Permanent Plc, trading as Permanent TSB Plc said Ms Shannon, Devon Gardens, Salthill Co Galway and Mr Dunford, Corbawn Shankill, Dublin borrowed €402,000 by way of an Endowment Residential Business Loan from it in November 2006. The loan was to be repaid by way of month installments of just over €1,650 over a period of 20 years. In June 2010, the banks said the pair failed to make two monthly repayments in a row. Under the terms and conditions of …

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