Court archive
Court reports mentioning Brannockstown, Kildare
2017-05-03 · Kildare
The High Court ordered the immediate vacating of a residential property in Co Kildare that had been used as a hostel or camp for up to 40 people and as an illegal dump. The injunctions were directed against Victor Golis and all unknown residents at Lucknow, Dublin Road, Kildare, following concerns from the HSE, Kildare County Council and the Fire Safety Officer about health and safety risks. Michael McAteer, appointed receiver by the Bank of Ireland in 2013, claimed the property was occupied dangerously and posed a risk to occupants. Justice Paul Gilligan granted the injunctions, restraining the defendants from remaining on the site, interfering with McAteer or his agents, and requiring residents to remove their belongings. The orders remain pending until the full hearing, with proceedings against owner John Quinn adjourned for three weeks to allow his response.
2017-02-15 · Kildare
In February 2017 the High Court set aside a €6.9 million judgment that had been entered against Eugene McDermott, a stud farmer from Kildare, in favour of the Bank of Scotland. Mr Justice Max Barrett ruled that the judgment, delivered in July 2013 by Mr Justice Peter Kelly, should be reheard because McDermott was in very poor mental health at the time the bank applied for judgment and had no recollection of being served with the documents that formed the basis of the claim. McDermott had not been present in court and could not obtain legal representation due to his illness. The judge noted that the court had not been aware of McDermott's health condition when the original judgment was made. Barrett therefore set aside the judgment and ordered that the bank's application for summary judgment be reconsidered, with a re‑hearing to take place later in the year.
2015-05-15 · Dublin
Dublin Bus has applied to the High Court for injunctions to stop rival operator Dublin Coach from using any shade of green on its vehicles, staff uniforms or promotional material. The State company argues that Dublin Coach's recent launch of a green‑coloured open‑top bus service for city sightseeing is likely to confuse customers, as Dublin Bus has operated its own green‑coloured Dublin Bus Tours since 2006. The injunctions sought would also require Dublin Coach to adopt a distinctly different colour for its buses, stops, uniforms and marketing. Mr Justice Paul Gilligan granted Dublin Bus permission to serve notice of proceedings against Dublin Coach and adjourned the matter to the following week, stating he would hear both sides before deciding on the application. The case remains pending, with the court yet to rule on the injunction request.
2014-07-02 · Kildare
In a High Court hearing on 2 July 2014, Goffs Bloodstock Sales Ltd sought payment from horse trainer Eugene McDermott and his wife Ashley Scanlon following the sale of the racehorse "Investmentsuccess". Goffs claimed the horse's transfer to Ms Scanlon breached a 2012 mortgage agreement and was conducted without notice or consent. The horse was sold for approximately €178,000, with proceeds deposited into Ms Scanlon's Ulster Bank account. Goffs had obtained an injunction preventing Ms Scanlon from accessing funds above €202,000. During the hearing, Mr McDermott, representing himself, acknowledged that the monies were owed to Goffs and that payment was his intention, though he disputed the alleged clandestine transfer. The court agreed to order the transfer of up to €178,000 from Ms Scanlon's account to Goffs, noting that €94,000 was currently held there. The case was adjourned with liberty to re‑enter.
2014-06-04 · Kildare
In a High Court action, Goffs Bloodstock Sales Ltd has sued trainer Eugene McDermott and his wife Ashley Scanlon, alleging that the racehorse "Investmentsuccess" was transferred by McDermott to Scanlon without Goffs' consent and subsequently sold. The sale, reportedly for €178,000, was deposited into Scanlon's Ulster Bank account. Goffs claims the transfer breached a 2012 chattel mortgage agreement that required notice of any sale and payment of proceeds within seven days. A temporary injunction was granted by Mr Justice Brian McGovern, preventing Scanlon from accessing the funds. The case stems from earlier litigation in 2011–2012 where Goffs sought repayment of money owed by McDermott, resulting in a €282,000 judgment and subsequent mortgage agreements for nine horses. Goffs now seeks to enforce the mortgage terms and recover the proceeds of the disputed sale.
2014-04-29 · Kildare
Political activist Ben Gilroy was sentenced to a four-week suspended prison term after being found in contempt of court orders regarding the receivership of a Co Kildare stud farm. The proceedings were brought by joint receivers Mark Reynolds and Glenn Crann, who alleged Gilroy was centrally involved in events on August 28 and 31 last year when protesters forced security staff off the property. Gilroy, representing himself, denied the allegations, arguing he was merely an observer invited by Charles Allen and that the court orders were invalid. Mr Justice Seán Ryan rejected these arguments, ruling that Gilroy committed a flagrant and serious breach of injunctions against trespassing. The judge found Gilroy instrumental in creating a tense and dangerous situation, though he acknowledged other parties, including landowner Eugene McDermott and Mr Allen, had also played leading roles. Considering the land had been sold and the actions of Gardaí and security personnel, the judge determined a suspended sentence was appropriate, noting that actual imprisonment was not required. Gilroy was also ordered to pay the receivers' legal costs. He stated he would appeal the verdict to the Supreme Court. The judge dismissed Gilroy's request to recuse himself, noting his separate impeachment motions were unrelated to the court's proceedings.
2014-04-10 · Kildare
The High Court will give judgment later this month on a contempt of court claim against political activist Ben Gilroy, founder of Direct Democracy Ireland, following a protest at a 120‑acre stud farm in Kildare in August. Mr Gilroy challenges allegations that he was in contempt of court orders that restricted interference with the receivership of the farm, arguing the action was politically motivated and that witnesses had lied. He claims he was invited onto the property by Charles Allen of the Rodolphus Allen private trust and was merely an observer, not an organizer. The receivers, represented by Michael Howard SC, maintain that Mr Gilroy knowingly breached the orders and that the necessary elements for contempt have been proven. Mr Gilroy also requests the matter be referred to the Director of Public Prosecutions. The judge has reserved his decision and will rule after the Easter vacation on April 29th.
2014-04-04 · Kildare
In a High Court hearing on 4 April 2014, Ben Gilroy, founder of Direct Democracy Ireland, denied allegations that he assaulted a security guard during protests at a stud farm in County Kildare. Joint receivers Mr Mark Reynolds and others claimed Gilroy was a leader of the protest group that forced receivership security off the property on 28 and 31 August. Gilroy said he was invited onto the land by Charles Allen of the Rodolphus Allen private trust and was merely an observer, not an organizer. He argued he had not been properly served with notice of the contempt application and that court orders preventing interference with the receivers were invalid. Mr Reynolds maintained that a sworn statement had alleged Gilroy's assault, but he insisted the statement should have named a member of Gilroy's group instead.
2014-03-28 · Kildare
Ben Gilroy, a political activist and founder of Direct Democracy Ireland, appears before the High Court to challenge allegations that he was in contempt of court for interfering with the receivership of a 120‑acre stud farm in Kildare. The receivers, appointed by the Irish Bank Resolution Corporation, claim that Gilroy was a ringleader of protests on 28 and 31 August that forced them off the property. Gilroy, representing himself, denies any role beyond that of an observer, stating he was invited onto the land by Charles Allen of the Rodolphus Allen private trust and that he was not properly served with a notice of contempt. Video evidence presented by the receivers shows Gilroy speaking to a crowd and an audio clip from an internet radio interview in which he claims credit for the protest. Gilroy disputes these claims, arguing the footage shows him merely observing.