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Ireland decisions
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The High Court dismissed Choice Broadcasting’s passing off claim, and held that the CLASSIC HITS trade mark was invalid and revocable for non-use.
The High Court granted a declaration that the Commission erred in excluding impacts on Blackwater Callows SPA without site-specific conservation objectives, and limited costs were awarded.
High Court judicial review of a wind-farm permission: the Court found missing site-specific conservation objectives made the assessment defective, but refused certiorari on harmless-error grounds.
The High Court refused leave to appeal in a planning judicial review, holding the proposed questions did not properly arise or disclose exceptional public importance.
The High Court held that the Board erred by carrying out an appropriate assessment without site-specific conservation objectives for Gearagh SPA, but refused certiorari as the error was harmless.
Leave to seek judicial review was granted in part over the HSE’s refusal to fund Wegovy under s.23, because a potentially material syndrome may not have been considered.
The High Court dismissed a solicitors’ negligence claim for over five years and eight months of complete inactivity, applying Kirwan v. Connors.
The High Court partly dismissed a solicitor-undertaking claim for want of prosecution, but allowed claims concerning Camelot and 226 Lower Main Street to proceed.
The High Court refused to set aside an ex parte order giving effect to Letters Rogatory from Florida, despite non-disclosure issues and objections that the request was oppressive.
The High Court refused Mr Nowak’s application to set aside a 2017 strike-out order, holding that no exceptional basis existed to reopen the final order.
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