Court archive
Aodhan O'Faolain The High Court
2022-12-21 · Ireland
The High Court is set to rule on whether jailed teacher Enoch Burke should be granted temporary release for the Christmas period. Mr Justice Brian O'Moore indicated a decision would be issued either Wednesday or Thursday after hearing submissions from Mr Burke and his employer, Wilson's Hospital School in Co Westmeath. Mr Burke, who has been detained in Mountjoy Prison for three and a half months for failing to obey a court order to stay away from the school, refused the opportunity for release, arguing it would imply his incarceration was lawful. He alleged his imprisonment stems from religious objections to transgenderism following a request to refer to a male student as 'they'. He also criticized the court's timeline regarding his bid to stay the main hearing, which he wishes to appeal to the Court of Appeal. Mr Justice O'Moore rejected these criticisms, noting he has a full caseload and will deliver a full decision on the stay application in January. Counsel for the school, Rosemary Mallon BL, stated the school sought the committal as a coercive measure due to non-compliance with paid suspension terms. They expressed concern about potential disruption if Mr Burke were released before the school reopens on January 5, though they confirmed he remains in receipt of full pay from the Department of Education. The matter remains pending the judge's imminent ruling on the temporary release application.
2022-07-27 · Ireland
The High Court granted orders allowing the joint official liquidators of Wirecard Ireland Ltd to return over €1.16 million to Orange and Vodafone, and to release about €800,000 held by the Irish entity that came from VISA and SFR. The orders were made after the court found Wirecard UK and Ireland Ltd insolvent and unable to pay its debts. The liquidators argued that the funds were held in trust for the telecommunications companies and had never been assigned to individual cardholders. They also sought to use €724,780 paid to Wirecard Ireland between 2013 and 2015, and €81,000 paid by VISA, as part of the distribution to creditors. The court approved these reliefs, allowing the specified amounts to be made available to the creditors.
2022-05-20 · Louth
The High Court approved a survival scheme for Premier Periclase Ltd, a Co. Louth magnesium‑based heat‑resistant product manufacturer, allowing it to exit examinership. The company, operating since 1977 from Boyne Road, Drogheda, had faced insolvency due to soaring gas and energy costs, owing €2.5 million to Bord Gais and €900,000 to Energia. In December 2021 it sought court protection, claiming Bord Gais threatened to cut supply unless a substantial payment was made, which it could not afford. Judge Brian O'Moore approved the scheme devised by examiner Neil Hughes of Baker Tily, with Gary McCarthy SC supporting it. The plan will bring fresh investment, require a switch from natural gas to renewable energy over 18 months, and temporarily reduce the workforce by half, with hopes of rehiring post‑switch. The company will continue trading as a going concern under the approved survival scheme.
2022-05-20 · Tipperary
The High Court has ordered a stay on three separate criminal prosecutions against Mark Jenkins, the owner of two coffee shop and retail businesses in Clonmel and Dungarvan that sell hemp products and items containing cannabidiol (CBD). Jenkins, who has challenged Ireland's 1977 Misuse of Drugs Act on the grounds that it breaches his constitutional rights and EU law, claims that the products sold by his businesses contain only trace amounts of tetrahydrocannabinol (THC) – the principal constituent of cannabis – and that these amounts are within the limits set by EU regulations. The first set of charges arose from a February 2020 Gardai search that seized plant material with THC content not exceeding 0.2%, a figure that Jenkins says is supported by an independent test. The second and third sets of charges stem from July 2020 and May 2020 seizures, respectively, for which independent analyses are pending.
2021-11-11 · Ireland
The High Court quashed the June 2020 planning permission for 30 houses and a guesthouse in the Ráth Chairn Gaeltacht, Co. Meath. Justice Bronagh O'Hanlon found the decision did not satisfy the requirement that the development would enhance the use of Irish in the area. The challenge, brought by the local development co‑operative Comharchumann Ráth Chairn, argued that An Bord Pleanála had erred by accepting a language impact statement (LIS) that was inadequate, citing the author's lack of qualifications and an underestimation of Irish speakers. The co‑operative also claimed the board had delegated its powers by imposing a 70 % Irish‑speaker provision on the houses. The court rejected the board's defence, ordered the permission quashed, and awarded the applicants their legal costs.
2015-04-17 · Dublin
In a 2015 High Court decision, Mr Justice Paul Gilligan allowed Dublin resident James Walsh to pursue a civil claim against the State for malicious prosecution. Walsh, who was acquitted in 2007 of charges that he had threatened journalist Paul Williams, argues that the prosecution was based on false allegations known to be untrue. He has sued the Garda Commissioner and the Attorney General for punitive and exemplary damages. The State and the Garda Commissioner sought to dismiss the claim on grounds of inordinate delay and lack of progress, citing Walsh's late filing of the claim in 2009 and his failure to attend court. The judge rejected the dismissal, noting that no prejudice had been shown and that the delay did not justify striking out the case. He ordered the matter to proceed to hearing as soon as possible, emphasizing fairness to both parties. The case remains pending before a judge and jury.
2015-03-04 · Dublin
In a High Court hearing on 4 March 2015, the court dismissed the appeal of Darren Doody, 45, who had challenged the Minister for Justice's refusal to grant him enhanced remission of the four‑year sentence he is serving for a robbery. Doody, who was convicted in 2012 for a robbery in which a woman was tied up and her home ransacked, had applied for a one‑third remission instead of the usual one‑quarter, arguing that the seriousness of the offence should not bar additional remission. The Minister had refused the application, citing a confidential Garda report that suggested a potential threat to public safety and that Doody was unlikely to re‑offend. The court found that the Minister had provided reasons for the refusal and that the decision was not arbitrary or unjust, and therefore dismissed the appeal.
2015-02-19 · Roscommon
The High Court struck out repossession proceedings brought by subprime lender Home Funding Corporation Ltd against John and Sheila Nolan. Ms Justice Isobel Kennedy dismissed the application for want of prosecution, citing inordinate and inexcusable delay between 2004 and 2014. The lender sought €1.4m on a 1997 loan, alleging the couple stopped repayments in 2000. The Nolans argued the delay prejudiced them and that Home Funding lacked candour regarding the true cause, which they linked to founder Ian Leaf. Mr Leaf, now Ian Andrews, was convicted of 13 counts of fraudulent trading, jailed for 10 years, and released in 2008. He also faced confiscation orders for fraud calculated at Stg£99.8m. Home Funding denied Mr Leaf's incarceration was relevant, attributing the delay to an oversight and failed negotiations. The judge rejected the company's argument that the delay period began in 2006, finding the nine-year gap from 2004 to 2014 sufficient to strike out the claim. She also struck out the Nolans' counter-claim. Costs were awarded to the Nolans, with a stay placed on the order pending any appeal. The ruling concluded the matter by dismissing the repossession application.
2015-02-05 · Tipperary
The High Court has granted Independent TD Michael Lowry permission to challenge the proceedings of his trial on alleged tax offences before the Dublin Circuit Court. Judge Seamus Noonan, hearing the application, was satisfied that Lowry had an arguable case for a halt and ordered a stay pending further court orders. Lowry faces four charges of filing incorrect tax returns in 2003 and 2007, which he denies. He argues the prosecution is extraordinary because the alleged payments were declared and paid, and claims unfair selective treatment. Lowry also seeks prohibition orders on grounds of alleged prejudicial publicity and wrongful release of taxpayer information. He contends the transfer of the trial to Dublin breaches his rights and that media reports of a handwritten note to Taoiseach Enda Kenny prejudiced his case. The trial is scheduled for mention before the Dublin Circuit Court, but the court has indicated it may not be heard until late 2015 or early 2016.
2015-01-15 · Dublin
The High Court has declined to deliver judgment in a test case brought by anti-water charge protester Anthony Eccles, as the matter is now moot. Mr Justice Paul McDermott ruled that the Legal Aid Board's recent determination, which granted Mr Eccles state-funded legal costs for his contempt proceedings, rendered the case pointless. Mr Eccles had argued that the State's failure to provide legal aid to individuals facing potential committal in non-criminal proceedings was unconstitutional and incompatible with the European Convention on Human Rights. The State opposed the action, arguing it was premature, but conceded it was no longer necessary following the Board's decision. The underlying contempt allegations, which accuse Mr Eccles and others of breaching court orders obtained by GMC Sierra Ltd to prevent interference with water meter installations, are denied by the protesters. These separate proceedings stand adjourned before Mr Justice Paul Gilligan. Additionally, the court heard that the State intends to make a similar application regarding a parallel case brought by protester John Darcy, who also seeks state coverage for his legal costs. Unlike Mr Eccles, Mr Darcy did not apply to the Legal Aid Board. Judgment in Mr Darcy's action was reserved, and his case is scheduled to return before the courts later this month. Both men are alleged to have breached injunctions secured by GMC Sierra Ltd, though they maintain their actions were lawful and peaceful protests.
2014-12-17 · Dublin
In a High Court decision on 17 December 2014, Justice Aileen Donnelly ordered the trustees of Victory Christian Fellowship (VCF) to disclose their income, assets, and the funding sources for ongoing litigation against the Bank of Scotland (BOS). The order also requires the trustees to provide details of how the VCF's litigation is financed and to identify third parties contributing to the case. BOS and appointed receivers sought these orders to enforce an €18.7 million judgment against VCF. The trustees, including senior pastor Brendan Hade, his wife Shelia Hade, and Gerry Byrne, contested the orders, claiming VCF activities had ceased after receivers took possession of three church premises in June 2013. Justice Donnelly noted that clarification was needed on whether VCF remains operational, the nature of its congregations, and the extent of third‑party funding, including donations from a company called Victory Conference Centre Ltd.
2014-12-16 · Ireland
The High Court has varied the bail terms of former Fianna Fáil politician Ivor Callely, permitting him to temporarily leave the jurisdiction. Callely, who was jailed for five months in July after admitting to fraudulently claiming €4,207.45 in Oireachtas expenses via forged invoices, sought to travel to Northern Ireland and Scotland during the Christmas period. He is currently on bail pending a judicial review challenging the Minister's and Wheatfield Prison Governor's refusal to grant him temporary release or one-third enhanced remission. While the State opposed the variation, High Court President Nicholas Kearns agreed, noting Callely was not a flight risk. The Judge emphasized that this variation did not conclude the matter, referencing a recent judgment by Mr Justice Peter Kelly that rejected dissident republican Michael McKevitt's claim for one-third remission on a sentence for directing terrorism. That ruling clarified uncertainties regarding enhanced remission versus the standard one-quarter entitlement. Consequently, Mr Justice Kearns directed that Callely's judicial review action proceed in the first week of the new legal term in January. Callely alleges the Minister's decision is unfair, influenced by his high profile, and inconsistent with the treatment of other prisoners.
2014-12-04 · Clare
The High Court will decide early next week on a preliminary application that could affect many cases against DePuy International Ltd, a Johnson & Johnson subsidiary, over allegedly defective hip replacements. The case involves Ms Randa Murphy from Ennis, who has brought a claim for damages after receiving a DePuy ASR resurfacing hip implant in 2005 and subsequent surgery in 2010. DePuy's lawyers argue that Murphy failed to obtain a Personal Injuries Assessment Board (PIAB) certification before filing her claim, and therefore the action cannot proceed as a medical negligence claim because DePuy is a manufacturer, not a health service provider. Murphy's counsel rejects this requirement and seeks to have the issue heard separately. The judge will consider the matter and give a decision next week.
2014-11-10 · Cavan
The High Court has annulled the bankruptcy of a couple from Knocknaveigh, Virginia, County Cavan, in what represents the first application of its kind since new insolvency legislation came into force. Ms Justice Caroline Costello set aside the bankruptcy orders for Martin Byrne and Catherine White Byrne, who had been adjudicated bankrupt earlier this year. The couple contended they were misled by a financial advisor regarding available alternatives to bankruptcy. Their solicitor argued that a viable Personal Insolvency Arrangement with creditors existed but was not presented to them. Additionally, the couple had not met with a Personal Insolvency Practitioner prior to their application, contrary to statutory requirements. Ms Justice Costello found the circumstances satisfied grounds for annulment. The Irish Mortgage Holders Organisation, which supported the application, indicated other cases in similar circumstances remain pending before the courts.
2014-10-28 · Dublin
The High Court has reserved judgement on Bank of Scotland's application to examine the trustees of Victory Christian Fellowship over their assets. BOS and its receivers seek examination because the trustees allegedly failed to provide a statement of affairs and proposals to discharge the €18.7 million debt owed to the bank. The trustees, Brendan Hade, Sheila Hade and Gerry Byrne, oppose the claims, asserting that all church activities ceased after receivers took possession of the three premises in June 2013. BOS argues that activities have continued, citing meetings and services held at Dublin hotels and social‑media posts described as "phoenix‑like." The court has ordered that the trustees be orally examined regarding the debt and assets, and that they provide a statement of current and anticipated income and expenditure, as well as disclose the identities of third parties funding their litigation. The trustees are prepared to be examined on church assets but not on personal assets.
2014-10-24 · Ireland
The High Court has awarded the Garda Representative Association (GRA) its legal costs following the dismissal of its challenge to changes in public sector sick pay entitlements. The GRA, alongside the Association of Garda Sergeants and Inspectors (AGSI) and two bodies representing Superintendents and Chief Superintendents, sued Minister for Public Expenditure and Reform Brendan Howlin over the 2014 Public Service Management (Sick Leave) Regulations. These regulations, implemented in April, reduced full-pay sick leave from six months to three. High Court President Nicholas Kearns dismissed all aspects of the claim, rejecting arguments that it was inappropriate for the Minister to consider views from IMPACT's General Secretary Shay Cody. Although the judge expressed concern over the late disclosure of email communications by the Minister's lawyers, he ultimately awarded the GRA its legal costs against the Minister. This decision departed from the standard rule where the losing party pays costs, citing the "fairly fraught" nature of the case and the suspicion surrounding the late-disclosed communications. Both parties had applied for their respective legal costs in this final determination.
2014-10-23 · Dublin
The High Court suspended Dublin solicitor Michael Lovett of Lovett O'Donnell Solicitors, Ranelagh, until he files all outstanding accounts. Judge Nicholas Kearns issued the order after the Law Society applied on behalf of the Society, seeking to compel Lovett to cooperate with the Society's Regulation Department. Chartered accountant Rory O'Neill was appointed in January to inspect Lovett's practice for compliance with the Solicitors Accounts Regulations. O'Neill reported that Lovett failed to cooperate: he declined to allow an inspection, postponed it for a family matter, and ignored repeated calls and attempts to arrange the inspection. Lovett also missed two Regulation of Practice Committee meetings where his non‑cooperation was discussed. The order, granted ex‑parte, will be reviewed in early November. The court's decision prohibits Lovett from practising until he fully complies with the Solicitors Accounts Regulations.
2014-10-23 · Dublin
The High Court appointed Mr. Anthony Weldon of Kieran Ryan & Co Chartered Accountants as an interim examiner for Hyper Trust Limited, the operator of the Leopardstown Inn, a public house in South Co Dublin employing 80 people. The appointment followed AIB's demand for immediate repayment of €6 million owed by Hyper Trust and its subsidiary Hyper Holdings Ltd. The loans were used to acquire a 19 % stake in Newstalk 106 radio station and for renovations of the pub. AIB had appointed receivers after the company failed to repay. Hyper Trust petitioned the court for examinership, and an independent accountant's report indicated the company had a reasonable prospect of survival as a going concern if it secured new investment, reached a scheme of arrangement with creditors, and restructured its banking liabilities. Mr.
2014-08-02 · Dublin
In a High Court ruling on 2 August 2014, Mr Justice Michael Moriarty dismissed a claim brought by 45‑year‑old Colin Widger against his father, Thomas Widger, over an alleged unlawful eviction from their family home on Whitebarn Road, Churchtown. Colin had said he was forcibly removed after his father complained that he was trespassing and that the house had been sold. Thomas denied any unlawful eviction, asserting his right to sell the jointly owned property, which he had continued to mortgage after leaving in the 1980s. He cited an agreement with his late wife Maeve as the basis for his entitlement. The judge found the case had no prospect of success, citing conflicting evidence and the fact that Colin had accepted €30,000 each from the sale proceeds. The action was struck out and Thomas was awarded legal costs.
2014-07-30 · Cork
The High Court appointed provisional liquidators for O'Brien and O'Flynn Ltd Building Contractors, a Cork‑based firm owing the National Assets Management Agency (NAMA) €71.2 million. The company's directors, brothers Dan and Denis O'Flynn, were heard to have assets worth less than half the debt. NAMA had taken over loans from the Bank of Ireland and AIB in 2010 and 2008, and had been providing financial support until recently. Counsel for NAMA, Robert Fitzpatrick, argued that the firm was insolvent on both balance sheet and cash‑flow bases and that urgent liquidation was needed to prevent asset dissipation. The court, satisfied with the urgency, appointed John McStay and Tom Rogers of McStay Looby as joint provisional liquidators, with the matter adjourned to a next‑month hearing.
2014-07-30 · Wicklow
A quarry operator in County Mayo has failed in a High Court challenge against a requirement to conduct an environmental impact assessment for an extension of its limestone extraction works. McGrath Limestone Works, located near Ashford Castle and proximate to several designated conservation areas including Lough Carra, sought to overturn decisions by Mayo County Council and An Bord Pleanála mandating an EIA as a condition of planning permission. The company contended the requirement was not legally necessary and would effectively force cessation of operations pending compliance. Mr Justice Peter Charleton dismissed all arguments, finding the decisions lawful and reasonable given the site's proximity to environmentally significant tourist resources. The Judge held that no error in law, procedural defect, or inadequacy of reasoning had occurred, and that both the council and the board had properly applied relevant legislation in their assessments.
2014-07-22 · Dublin
In a High Court hearing on 22 July 2014, Mr Justice Paul Gilligan granted a temporary injunction to the owners of a Dublin city centre property at No 6 Merrion Square, preventing Charlie Allen and his supporters from entering or approaching the premises. The owners, Claude Fettes, Annette Cooper and Marc Godart, alleged that Allen, who claims the Rodolphus Allen Family Private Trust has an interest in the property, unlawfully forced his way in earlier that month and remained with several supporters, including a man with a large Alsatian dog, for several days. During the occupation, carpets were removed and the basement, used by a sound‑recording business, was blocked. Allen and his associates left the building last weekend, but the owners feared he might re‑enter, prompting the injunction. The order was granted ex‑parte and was adjourned to later that week.
2014-06-25 · Laois
In a 2014 High Court ruling, Mr Justice George Birmingham held that €136,000 in savings accounts belonging to 27‑year‑old Charles Darren McInerney of Portlaoise were proceeds of crime. The accounts, held at Mountrath Credit Union, Bank of Ireland Mountrath and Portlaoise Post Office, had been frozen earlier. McInerney denied that the money came from illegal activity, but the judge found his explanations unconvincing. Evidence from the Criminal Assets Bureau and senior Gardai showed McInerney's involvement in the illegal drugs trade, including possession of cannabis, weighing scales and a knife, and a total of €525,000 had been deposited between 2006 and 2012. McInerney's only legal income during that period was social welfare. The judge accepted the evidence, ordered the accounts as proceeds of crime under the 1996 Proceeds of Crime Act, and appointed a receiver over the funds.
2014-06-04 · Dublin
The High Court confirmed that Mr. Joseph Walsh of Chartered Accountants Hughes Blake has been appointed as examiner for Copper Bar & Grill Ltd., a South Dublin bar and restaurant employing 29 people. The 10,000‑sq‑ft premises, located on Blackthorn Road Beacon South Quarter in Sandyford, began trading last year and has been declared insolvent. An independent accountant's report indicates the company could survive if it secures fresh investment and obtains court approval for a scheme of arrangement devised by the examiner with creditors. TV chef Lee Bradshaw objected to the appointment, alleging the process aims to avoid legal fees awarded to him in a High Court bid for injunctions against the termination of his employment or an alleged partnership agreement. Bradshaw's lawyers sought €126,000 in costs, but the company's counsel argued there was no evidence that the examinership was intended to frustrate the costs order. Mr.
2014-05-30 · Dublin
In a High Court hearing on 30 May 2014, Mr Paul Gilligan granted Mr David Carson, a NAMA‑appointed receiver, injunctions to compel the occupants of 7 Barrow Street, Dublin 4, to vacate the premises. The injunctions were aimed at three individuals—Ronan Hackett, Benjamin Smith and Joseph Williams—who had taken residence in the house in mid‑May and had changed the locks. The occupants, represented by spokesman Mr James Sutherland, argued that they would be made homeless if forced to leave and that the order would violate their Article 8 rights. Mr Carson, acting on behalf of a developer linked to Liam Carroll's group, sought to secure vacant possession for a pending €450,000 sale. The judge found the receiver's case strong, rejected the occupants' ECHR claim, and ordered the occupants to leave by noon on Saturday, with the case adjourned for further matters.
2014-05-29 · Ireland
The High Court ruled that RTE must provide Sean Gallagher with specific documents for his action against the broadcaster arising from the 'Tweetgate' incident during the 2011 presidential election. Mr Justice Paul Gilligan granted Mr Gallagher's motion for discovery, rejecting RTE's opposition that the request was an overly broad 'trawl'. The judge determined that limiting discovery to documents created on the date of the October 24, 2011, Frontline debate or the following week would be 'too restrictive' and risk injustice. He found that Mr Gallagher was not engaging in a fishing expedition and that compliance would not be unnecessarily costly. The court ordered RTE to produce documents created between October 24, 2011, and November 18, 2012, including materials from the 'McGuinness4president' Twitter account, verification protocols, and unredacted copies of Rob Morrison's internal review. The matter was adjourned for one week to allow both parties to consider the judgement. In his action, Mr Gallagher seeks a declaration that the debate was deliberately and unfairly edited to damage his electoral prospects, along with damages for alleged breach of statutory duty, negligence, and misfeasance in public office. His claim includes exemplary damages arising from comments allegedly made by Pat Kenny. RTE denies these claims, contending that Mr Gallagher damaged his own prospects through his response to assertions regarding payments to a group of people.
2014-05-29 · Dublin
In a 2014 High Court case, Anthony Freeman and his wife Miriam Freeman, who had borrowed €1.4 million from Bank of Scotland Ireland (BoSI) in 2006 to refinance and refurbish six Dublin houses, claimed that BoSI had not validly appointed a receiver over their assets when they went into arrears in 2009. They argued that BoSI had been dissolved, that its successor Bank of Scotland plc (BoS) had transferred mortgages to a third party through securitisation, and that the registration of title had never been completed under the Registration of Title Act 1964. The Freemans also alleged they were overcharged €20,700 in interest, which they said contributed to their default. The court dismissed all claims, finding the Freemans failed to prove any of the issues, that BoS had properly secured the loans, and that the overcharging was offset by a surplus of about €600,000 that the Freemans could have used to reduce the principal.
2014-05-26 · Offaly
In a High Court ruling on 26 May 2014, Mr Gerard Killally's bankruptcy was extended by 12 months, keeping him bankrupt until June 2015. Killally, a former Fianna Fail politician and businessman, was declared bankrupt in July 2009 with debts of about €70 million. The extension follows a 2012 conviction at the Midland Circuit Criminal Court for stealing €18 000 of refrigeration equipment, for which he received a three‑year suspended sentence. Mr Chris Lehane, the bankruptcy official, applied for the extension citing Killally's conviction and undisclosed pension plans. Mr Justice Brian McGovern granted the order, citing "good public policy" and the need for bankrupts to cooperate with the official assignee. He also imposed an income‑payment order of €433 per month until May 2016. Killally's counsel opposed the extension, arguing it constituted a double punishment for the 2012 conviction.
2014-05-23 · Tipperary
In May 2014 the High Court dismissed a legal action by Tipperary Town solicitors who sought to have the historic courthouse on St Michael Street reopened for public use. The lawyers argued that the Courts Service, under the Court Services Act 1998, had a statutory duty to maintain and provide the courthouse, which had been closed in 2010 after falling into disrepair and a ceiling collapse. They requested declarations that the state's failure to provide an adequate courthouse breached the rights of the public, court staff, the judiciary and the legal profession. The Courts Service denied any failure, noting it had sought funding for repairs and provided alternative venues such as the Excel Heritage Centre for district court sittings and Clonmel for circuit court sittings.
2014-05-16 · Donegal
The High Court has ordered the arrest of an independent candidate standing for Donegal County Council following her alleged failure to comply with court orders regarding defamatory material posted online. Mr Justice Paul Gilligan ruled on Friday that Patricia McCafferty of Bundoran be arrested and brought before the court on a charge of contempt of court. Bundoran Town Council sought the order after Ms McCafferty allegedly failed to remove YouTube videos from the social media platform despite a High Court directive issued on 1 May requiring their removal. The council claims the videos and signage displayed in the town make defamatory allegations against its members and officials. The court heard that while roadside signs have since been taken down, the YouTube posts remain accessible. Ms McCafferty, a former traffic warden dismissed by the council in 2008, was not present at the hearing. The judge found she had breached the court orders and been properly served notice of proceedings.
2014-05-15 · Mayo
The High Court has ruled that specific property assets are not held in trust for the Summerville Partnership, dismissing claims by Emma Joyce, the partnership's managing partner. The applicant, along with Summerville House and Rosbeg Westport, sought declarations that assets in Ireland and London were held for the benefit of the Joyce children, taking precedence over AIB's rights. AIB, which holds judgments exceeding €50m against Thomas and Patricia Joyce and Thomas S Joyce & Sons Ltd, opposed the action, asserting security rights over the properties. Mr Justice Paul Gilligan found that while there was an initial intention to purchase London investments for the partnership, the Joyces failed to prove a continuing intention to hold the assets in trust. The judge noted a lack of a paper trail for the Bute Street properties and Chelsea investment, where documentation listed the Joyces as sole owners. Although Cherry Cottage was found to be a partnership asset, AIB was entitled to security on it. The judge adjourned the matter to allow both sides to consider the judgment, with final orders to be made when the case next returns to court.
2014-05-09 · Dublin
In a High Court decision on 9 May 2014, Mr Justice Iarfhlaith Ó Neill dismissed the appeal of 70‑year‑old Edward Lattimore, who had sought to remain in the council‑owned house at 21 Ennis Grove, Irishtown, Dublin 4. Lattimore had lived there since 1956, paid rent, and believed he was a joint tenant. After his sister's death in 2012 he discovered he was not a tenant and applied for succession to the tenancy. Dublin City Council (DCC) had refused, citing that a three‑bedroom dwelling was not suitable for a single person and offering a one‑bedroom accommodation nearby. Lattimore claimed the refusal breached his constitutional rights and the European Convention on Human Rights, citing medical evidence that leaving would seriously affect his health. The court found no breach of rights, upheld DCC's decision, and noted that DCC had met its statutory obligations by providing suitable housing close to his former home.
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.
2014-04-10 · Kildare
In a High Court hearing on 10 April 2014, developer Sean Dunne's application to set aside a search warrant issued to the official assignee, Chris Lehane, was dismissed. The warrant had allowed the search of a property at Churchfield, Straffan, Kildare, where assets including artworks were seized in November. Dunne, who is a declared bankrupt in Ireland and the US, argued that he was not the owner of the property, which he claimed was held in trust for his children by the Isle of Man company Traviata. He also sought to have Lehane cross‑examined, claiming the warrant was defective and based on hearsay. Judge Brian McGovern found no grounds to invalidate the warrant, rejected the cross‑examination request, and noted that any disputes over ownership or the seized items would be resolved in future proceedings. The case was adjourned to May.
2014-04-07 · Kilkenny
The High Court wound up Avondale Nursing Home Limited, a Callan, Co. Kilkenny nursing home closed in 2011 after HIQA cancelled its registration over health and safety concerns. The winding‑up order was made by Mr Justice Peter Charleton following an application by former employee Bridget Brander, who was owed unpaid wages. The company was found insolvent and unable to meet its debts. Mr Declan de Lacey of PKF O'Connor, Leddy & Holmes was appointed liquidator. The court noted that the company had been struck off for failing to file returns but was restored to the Registrar of Companies. Directors Miriam and Hayley Holmes were no longer in jurisdiction and were believed to be in Australia. The liquidation will determine if any assets can be sold to satisfy Brander's claim and other former employees' debts. The case remains before the examiner's court.
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.
2014-04-03 · Armagh
In a High Court decision on 3 April 2014, Mr Justice Brian McGovern dismissed the challenge brought by jockey Eddie O'Connell and trainer Jim Lambe against the Turf Club's authority to enforce horse‑racing rules. The men had sought to invalidate any sanctions arising from the Turf Club's investigation into alleged irregular betting on the horse Yachvili in the 2011 Kerry Food European Breeders Funds Beginners Chase. They claimed the Turf Club's jurisdiction was unlawful and that its rules were unconstitutional, arguing that any decision could end their careers and damage their reputations. The court found the Turf Club's regulatory powers were established by the 1994 Irish Horse Racing Industry Act and that the rules promoted integrity and fair play. Consequently, the court upheld the Turf Club's authority and struck out the applicants' claims, noting the investigation's findings were not relevant to the judgment. The ruling highlighted the limits of judicial intervention in sporting matters.
2014-04-02 · Dublin
In a High Court hearing on 2 April 2014, Mr Justice Brian McGovern appointed Mr Neil Hughes, an insolvency practitioner, as provisional liquidator of Buzreel Limited, the publisher of five weekly Buy and Sell magazines and the www.buyandsell.ie website. The appointment was made at the request of Midland Web Printing Ltd, which holds a printing contract for the magazine and is owed more than €90,000 by Buzreel. Midland's representative, Ross Gorman, explained that Midland was preparing to invest in Buzreel and had discovered the company had decided to liquidate and had told staff to leave. Midland had not been informed of the financial difficulties beforehand. The court noted that a meeting of Buzreel's creditors would be held later in the month, and that the appointment of a provisional liquidator was in the best interests of the creditors to preserve the magazine's publication and the website, and to potentially save some jobs.
2014-04-01 · Dublin
In a High Court decision on 1 April 2014, Mr Justice Max Barrett dismissed Ms Sylvia Deehan's damages claim against Loughlinstown Inn Ltd, trading as the Lough Inn Public House, following an incident at an Ann Summers lingerie party in January 2011. Deehan, aged 46, alleged she was pushed by another woman while chasing a prize thrown by an Ann Summers representative, fell against a loudspeaker, and sustained rib injuries that required a fortnight of bed rest. The judge accepted Deehan's account as "substantively true" and noted corroboration from a DJ present at the event. However, he found no evidence that the pub failed to take reasonable steps to safeguard patrons or that the loudspeaker was negligently placed. Consequently, the court ruled Deehan was not entitled to recover damages for her injuries. No order was made regarding appeal costs, leaving each side to bear its own legal expenses.
2014-03-12 · Dublin
In March 2014 the High Court, by Mr Justice Paul Gilligan, granted an injunction that prevented a four‑hour strike by Siptu members at Dublin, Cork and Shannon airports. The injunction was sought by the Dublin Airport Authority (DAA) and Ryanair, who argued the planned stoppage would be illegal and would cause major disruption to passengers and airlines. Siptu claimed the strike was a bona fide trade dispute over pension rights under the Irish Airlines Superannuation Scheme. The judge found the DAA's concerns about the legality of the Siptu ballot and the potential impact on airport operations compelling, and he was satisfied that damages would not be an adequate remedy. The injunction was based solely on the DAA's application; Ryanair's application was not considered. The court left the full hearing of the dispute to a later proceeding.
2014-03-11 · Dublin
The High Court will decide on applications by the Dublin Airport Authority (DAA) and Ryanair to stop a planned four‑hour strike by Siptu members at Dublin, Cork and Shannon airports on 14 March. The strike, scheduled from 5 a.m. to 9 a.m., is linked to a dispute over pension cuts in the Aer Lingus and DAA superannuation scheme. The DAA and Ryanair argue the action is illegal and would cause major disruption, seeking injunctions to prevent it. Siptu, represented by Richard Kean SC, maintains the stoppage is a legitimate trade dispute over pension rights and rejects claims that the ballot was flawed. The judge, Mr Justice Paul Gilligan, has reserved his decision and will rule on Wednesday afternoon. The case reflects ongoing tensions over the €780 million deficit in the Irish Airlines Superannuation Scheme.