Two long‑time casual traders at Dun Laoghaire's East Pier, Bryan O'Kane of "Bryan's Coffee" and David Harper of "Say Fish", have filed a High Court challenge against Dun Laoghaire Rathdown County Council's decision to revoke their trading licences. The council announced the revocation in August without prior warning, citing alleged obstruction of pedestrian and vehicular traffic, littering and nuisance caused by their equipment. O'Kane argues that he has addressed all concerns, upgrading his generator, installing a sound barrier, and maintaining a bin at his kiosk, and that any loading occurs during off‑peak times. He also claims difficulty obtaining complaint details through freedom of information requests before the decision. Represented by David Kennedy SC and Katherine McGillicuddy BL, the traders seek orders quashing the revocation, declarations that the council acted unreasonably and in breach of fair procedures, and damages. Ms Justice Niamh Hyland granted them permission to proceed and allowed them to apply for a stay if necessary.
The trustees of the Retired Civil and Public Servants Association—Mary Farrell, Frank O'Dwyer and Matthew Ryan—have filed a High Court action claiming the association's governing council has refused to allow them to raise a series of motions at the upcoming AGM. The motions would address alleged financial and corporate management issues, including the level of subsistence and travel expenses paid by council members, the auditing of the association's accounts, the appointment of auditors, and the lack of audited accounts for 2022. The trustees also seek to discuss alleged unauthorised county‑level accounts, pre‑signed cheques, a €30,000 tax settlement following a protected disclosure, potential GDPR‑related data destruction, and why they were censured for questioning the 2019 accounts. They argue that the council's refusal to include these motions effectively "gags" them and could damage the organisation.
Elizabeth Theresa Mansfield, a retired nurse and full‑time carer, brought a High Court action against Pepper Finance Corporation (Ireland) DAC, its receiver Sharon Barrett of Kroll Advisory, and auctioneer Ger Carmody Auctioneers, claiming that the receiver was attempting to sell her fully paid apartment at Kings Court Apartments, Manor West, Tralee, Co Kerry. Mansfield said she had repaid the €82,000 mortgage in full in early November after retiring, yet the receiver had not withdrawn the property from sale and had failed to engage with her. She also alleged she was owed €13,000 from rental income and that the management company had not communicated with her. The case was resolved after settlement: the property would no longer be sold, the receiver discharged, and Pepper would receive rental income. The High Court struck out the proceedings, praising the parties' efforts for a sensible resolution.
In a High Court case, Garvagh Homes Limited claims ownership of several Dublin 7 properties, including a former carpet showroom and a garage, and alleges they have been unlawfully occupied by trespassers for months. The company says the occupants are using the sites for raves, gigs, Irish language classes, herbal workshops, fitness classes and selling alcohol, all advertised on social media. Garvagh also cites a recent fire safety notice from Dublin City Council that will take effect on 8 December. The company seeks injunctions to force occupants to vacate, stop trespassing and hand over possession. Named defendants, including Shane O'Brien, Jem Cleaver, Emily Martin and others, deny the allegations, claim valid agreements to reside, and contest the safety and alcohol claims. Judge Rory Mulchay granted a temporary limited injunction restraining the named defendants from activities on the properties but did not order immediate eviction, noting the fire safety notice and awaiting the full injunction application before Christmas.
In a High Court hearing on 28 November 2023, developer Hugh Kavanagh announced that he had withdrawn the part of his application that sought to have his brother Greg Kavanagh attached and committed to prison for alleged contempt of court. The withdrawal was described by Hugh's counsel as a distraction from the main issues. The brothers remain in a legal dispute over a 2020 settlement that ended a claim that Hugh had been removed as director of 19 companies. Hugh Kavanagh and his company Simlur Ltd continue to pursue injunctions against Greg Kavanagh and several related companies, alleging breaches of the settlement, asset stripping and unsanctioned payments. The court has set a timetable for further affidavits and scheduled the injunction hearing for January 2024. The case remains ongoing.
In a High Court case, Judith Dixon and Liam McLoughlin of Limerick argue that the Minister for Housing failed to commence a section of the 2007 Water Services Act that would allow an appeal against a local council's decision to acquire part of their property. The couple, who live in a protected structure at The Station House, Curraghbeg, claim that the council's notice to take charge of land at Blackabbey, Adare, infringes their constitutional right to appeal and threatens their privacy. They seek judicial review orders to quash the council's notice, declare the notice a breach of constitutional rights, and affirm that the Minister's failure to enact the relevant section denies them an appeal right. The case was granted permission to proceed by Ms Justice Niamh Hyland and is set to return to the High Court in January.
A homeless Afghan man has brought a High Court challenge against Waterford City and County Council, alleging unlawful treatment under the 1988 Housing Act. The applicant, who fled Afghanistan in 2019 and was granted asylum in 2022, claims he was wrongly deemed to have refused accommodation because an offer was not explained in his native language due to his limited English. He alleges the council only provides four emergency beds for single men, forcing him to sleep in his car when unavailable, and that the emergency accommodation consists of unheated rooms with pull-out beds or couches available only after 9pm. The man seeks orders compelling the council to provide suitable accommodation and to lawfully reconsider his needs. He further seeks declarations that the council's alleged policy regarding emergency beds is unlawful and that his Constitutional and ECHR rights are not being vindicated. The matter came before Ms Justice Niamh Hyland on Monday. On an ex-parte basis, the judge granted the man permission to bring his judicial review challenge. The matter was adjourned and will return before the court next month.
During the multi‑million euro theft trial of Michael Lynn, a solicitor who had worked in his practice testified that Ms Fiona McAleenan was never a partner in the firm. McAleenan denied that another legal executive had been authorised to sign her name and claimed she had not consented to such action. She said she had been involved in negotiations about becoming a partner but was ultimately advised not to proceed. McAleenan also stated that she had not signed the solicitor's letters of undertaking that were presented as her work, and that any signatures on those documents were made by former executive Liz Doyle. She maintained that she had not sent an email to a bank manager claiming partnership status and suggested that someone else may have used her account. The prosecution alleges that Lynn obtained multiple mortgages on the same properties, with several banks unaware of the other institutions' financing. Fiona McAleenan pleaded not guilty.
Mullingar Salesroom Limited, along with joint property owners Michael Lynn and Eileen Lynn, launched High Court proceedings to prevent a receiver from selling their premises at Lynn Industrial Estate in Mullingar, Co Westmeath. The applicants, represented by Gerard Martin Byrne BL, sought to block an online auction initiated by Promontoria (Oyster) Designated Activity Company and receiver Tom O'Brien of Mazars Ireland. The company, which has operated from the site for over 20 years, claims the property is subject to a 35-year lease agreement entered into in 2015. Mr Lynn, a director of the company, alleged that while he fell behind on loan repayments following a 2011 bereavement and economic downturn, Promontoria accepted rent payments between 2017 and 2020. The applicants contend that the receiver does not hold a power of sale and that the property was incorrectly advertised as occupied under unknown terms. They also claimed an attempt was made in March to forcibly take possession. The High Court initially granted a temporary injunction restraining the defendants from selling the property. When the matter was mentioned before Mr Justice Mark Sanfey on Wednesday, the court was informed that by agreement, the injunction could be replaced with an undertaking in the same terms offered by the defendants. The applicants also seek declarations confirming the company's status as a lawful tenant and the Lynns as lawful landlords. The matter was adjourned to a date next month.
A man convicted of murder has sought a stay on extradition proceedings pending the outcome of his application to transfer his prison sentence from Northern Ireland to the Republic. James Meehan (54), with addresses in Derry City and Kells, Co Meath, was sentenced to life imprisonment in 2009 for the murder of Jim McFadden in May 2007 following an incident in Donegal. Meehan left Northern Ireland in October 2022 whilst on release conditions and later moved to Kells. He was arrested by arrangement in May this year on foot of extradition warrants. At the High Court hearing, his counsel argued that the punitive element of his sentence had been served and that determination of his sentence-transfer application, pending since 2017, should precede any extradition decision. The State's counsel contended he was unlawfully at large from temporary release and that court could not delay proceedings whilst a live prosecution existed in the North. Ms Justice Melanie Greally adjourned judgment to Friday, 8 December.
In the High Court, a dispute between developer Greg Kavanagh and his brother Hugh Kavanagh, along with Simlur Ltd, was adjourned for two weeks to allow the plaintiffs to consider Greg Kavanagh's reply. The case, originally filed in 2020 over alleged attempts to remove Hugh as a director of 19 companies, was settled in May 2020. However, the plaintiffs recently sought to re-enter the action, alleging that Greg Kavanagh and associated companies, including Structured Marshalled Investments Ltd, breached the settlement agreement by stripping assets and making unsanctioned payments. Greg Kavanagh, represented by Martin Hayden SC of Eversheds Sutherland, rejected these claims as "outrageous," "malicious," and "ill-founded," arguing he was not properly served with the motion documents. He sought to have the proceedings struck out and requested a swift hearing, noting the reputational damage caused by the media coverage of the attachment and committal applications. The plaintiffs, represented by Paul McGarry SC, sought declarations of breach and orders restraining the creation of new security over shares without 14 days' notice. Mr Justice Sanfey acknowledged the seriousness of the allegations and the parties' desire for a quick resolution but warned that he could not guarantee a hearing before the end of the current legal term due to a full chancery division diary. The matter was adjourned for two weeks to allow the plaintiffs to review the defendant's reply.
In November 2023, the joint liquidators of GTLK Europe DAC and GTLK Europe Capital DAC, two Irish subsidiaries of Russia's State‑owned leasing firm GTLK, filed High Court proceedings to stop the parent company, Joint Stock Company State Transport Leasing Company, from claiming ownership of 37 aircraft. The liquidators, represented by Stephen Byrne BL, argue that the parent's claim is based on pledge agreements signed in March 2022, before EU sanctions were imposed. They contend the agreements were intended to secure loans from the parent to GTLK Europe between 2017 and 2022, and that the parent seeks to enforce them to seize the aircraft under Russian law. The liquidators seek orders to set aside the pledge agreements, declare them void under Irish law, and affirm that the liquidators retain title to the aircraft. The case is set to return to the High Court next week.
A High Court judge, Ms Justice Niamh Hyland, has ordered that a judicial review challenge by Mr Thomas S White against An Bord Pleanala's permission for 42 assisted living and medical support units at Hardman's Gardens, Drogheda, be heard promptly. White, a retired auctioneer and landowner adjacent to the proposed site, argues the board's decision is flawed because it would effectively sterilise his property by denying vehicular access and providing only inadequate pedestrian access. He claims the board's inspector misrepresented vehicular access in its report and failed to assess the impact on surrounding landowners. White also alleges the planning application was not evaluated under EU directives on habitats and environmental impact assessments. The judge has set a timetable for document exchange and requires the matter to return to court within two weeks for a hearing. The case remains an ongoing judicial review.
Meta Platforms Ireland Ltd, the Irish subsidiary of the US social‑media giant, has filed a High Court challenge against a proposed immediate ban that would stop its Facebook and Instagram platforms from processing personal data for behavioural advertising. The challenge follows an enforcement notice issued by the Data Protection Commission (DPC) on 14 November, giving Meta seven days to cease such processing. The DPC warned that non‑compliance would be a criminal offence and could lead to fines. Meta argues that the notice is vague, unclear about compliance requirements, and breaches its legitimate expectation of a fair hearing. It also contends that the notice renders parts of the 2018 Data Protection Act unconstitutional. The court, after granting permission for the judicial review, has offered a short interim stay on the enforcement notice pending further proceedings. The case will return to the court later in the week.
In November 2023 the High Court heard a renewed dispute between brothers Greg and Hugh Kavanagh over a settlement agreement reached in 2020. Hugh, represented by Paul McGarry SC, alleged that Greg had breached the 2020 agreement by failing to comply with its terms and by engaging in "asset stripping" and payments from the group's companies. Hugh also claimed that Greg had attempted to remove him as director of 19 of the 20 companies in the group, including Structured Marshalled Investments Ltd (SMIL), New Generation Homes Ltd and Isotonic Hotel Ltd, while he remained director of Bezzu Corporation Ltd. Hugh sought orders declaring the breach, contempt of court, and imprisonment for the defendants, and an order restraining new security or share transactions without 14‑day notice. Mr Justice Mark Sanfey granted Hugh ex‑parte permission to serve short notice on the defendants, and the case was scheduled to return next week.
In the trial of Michael Lynn, a former legal executive, Liz Doyle, testified that she signed another solicitor's name on documents at Lynn's instruction, citing intense pressure and fear in the firm. Doyle, who worked as a legal executive at Michael Lynn & Co, described a demanding environment with constant calls and emails, and claimed she followed Lynn's directions to sign the name of Fiona McAleenan, a solicitor in the practice, and also the signature of Kinsella Mitchell and Associates, auditors for the firm. She admitted she was aware that signing the documents was wrong but felt compelled by the pressure. Doyle also discussed personal financial strain, including her husband's business collapse and multiple mortgages. The prosecution alleges Lynn obtained multiple mortgages on the same properties, while the defence disputes the extent of Doyle's knowledge and intent. The case is before Judge Martin Nolan and a jury. The unnamed accused pleaded not guilty.
In a High Court hearing in Dublin, Dana Kavanagh, 48, sued pop star Rihanna—identified as Robyn Fenty—over alleged malicious falsehoods in an email and a phone call. Kavanagh claimed mental distress and emotional suffering after a July 2013 email supposedly naming her partner Geoffrey Keating, who had been Rihanna's head of security, and a phone call to her sister‑in‑law. She alleged that these statements destroyed her business, Geoff Keating Media. Rihanna, absent from court, denied the allegations. Kavanagh's counsel informed Justice Leonie Reynolds that the parties had settled, allowing the case to be struck out with costs awarded to the plaintiff. No settlement details were disclosed. The case was therefore resolved without proceeding to trial, and no further legal action was taken by either party in this matter.
In a High Court decision on 10 November 2023, Mr Justice Mark Sanfey quashed a decision by the Commission for the Regulation of Utilities that renewable energy companies should not receive compensation when instructed to shut down wind farms due to grid limitations. The case was brought by Energia Group Holdings and its subsidiaries together with GR Wind Farms and its subsidiaries, who argued that the Commission had no authority to make the decision and that it had failed to apply the EU Regulation on compensation for energy‑generating companies. The judge found the Commission's decision fundamentally flawed, irrational, and lacking adequate reasons, and ordered that the decision be set aside. He also directed the parties to consider his judgment before any further orders are made, and noted that the matter would return to the Court later in the month. The case involved Eirgrid Plc as a notice party.
In an appeal-stage matter before the High Court, Patrick Halpin and Ann Keane, operators of Aberdeen Lodge Hotel in Sandymount, Dublin 4, alleged that the sale of the property by Everyday Finance DAC to Stairway Property Company Ltd under the 1881 Conveyancing Act was unconstitutional and breached the European Convention on Human Rights. The couple, represented by John Kennedy SC and Peter McKenna BL, instructed by solicitor Eugene Carley, sought declarations that the sale was null and void and that the property constitutes their family home. Stairway, represented by Padraic Lyons SC, disputed the family home claim and initiated separate proceedings seeking an injunction for possession, alleging the couple's action was an abuse of process. The State, represented by Brian Conroy SC, and Everyday Finance, which stated it did not understand why it was sued and sought to be let out of the action, also participated. Mr Justice Mark Sanfey agreed to establish a timetable for the exchange of legal documents in both actions. The matter was adjourned and will be next mentioned before the court later this month. The property has been subject to lengthy legal proceedings regarding possession, following the sale of an alleged €24m debt to IBRC to Kenmare Property Finance and subsequently to Everyday Finance.
In a High Court case that could affect many mortgage holders, Darren Hennessy and Emer Barrett have sued Pepper Finance Corporation Ireland DAC, a so‑called vulture fund that acquired their mortgage from Permanent TSB (PTSB). The couple claim Pepper is charging them an 8.5% interest rate, compared with just over 4.3% they would pay if the loans remained with PTSB. They argue that Pepper's variable rate increases are unjustified, driven solely by profit motives, and that the fund has breached EU consumer contract regulations and the 2013 Central Bank Supervision and Enforcement Act. The plaintiffs seek a declaration that the current rate is unlawful and out of proportion to any legitimate rate, orders to compel Pepper to charge the corresponding PTSB rate, and damages for alleged breaches. The case was adjourned by Mr Justice Mark Sanfey to a later date this month.
Mr Justice David Nolan adjourned High Court proceedings for one week, directing Children's Health Ireland (CHI) to provide outstanding medical records for a young girl with Spina Bifida or explain why they cannot. The girl's family, represented by John Healy SC and Michael Devitt BL, alleged she underwent 'inappropriate' spinal surgery at Temple Street Hospitals, resulting in serious post-operative complications and a split spine. They sought an injunction to compel CHI to release all remaining documentation, including X-ray scans and internal medical reviews, to allow independent expert assessment. CHI, represented by Oonah McCrann SC and Rory White BL, stated it had already provided over 6,600 documents and would supply any additional material if it exists. The judge declined to make formal orders at this stage, noting CHI's assurance that it would furnish the remaining pieces. He emphasized the court's primary concern for the child's welfare and the need to restore trust between the parties. The matter was adjourned to allow CHI to either provide the requested material or give a full explanation to the court regarding any withheld documents. The girl is one of 19 children subject to a report on spinal surgeries at Temple Street.
In a High Court decision on 3 November 2023, Justice Siobhan Phelan refused to enforce a 2013 order that would have required members of the O'Reilly family to remove unauthorised mobile homes, caravans and animals from the Railway Cottages site in Powerstown, Clonmel. The judge held that the order did not provide a proportional interference with the families' rights and that it failed to safeguard against removal from a site where a patently unsuitable accommodation offer had been made. She noted that the council had not attempted to provide traveller‑specific accommodation and that keeping animals is integral to Traveller identity. The judge acknowledged that the council had carried out significant works since 2013, including sanitation improvements and removal of 31 unauthorised structures, but found that the 2021 claim of overcrowding and new animals was insufficient to justify enforcement. The case will be heard again at a later date.
Fresh High Court proceedings concerning the Aberdeen Lodge hotel in Dublin 4 were heard before Mr Justice David Nolan. Stairway Property Company Limited, which claims to have purchased the property from Everyday Finance, is seeking possession orders against Patrick Halpin, Ann Keane, and related entities, including Elektron Holdings Limited and Madison Manor Limited. Conversely, Halpin, Keane, and Elektron have initiated separate proceedings against Stairway, Everyday Finance, Ireland, and the Attorney General. They seek a declaration that the property is their family home and aim to challenge part of the Conveyance Act. Stairway's counsel, Padraic Lyons SC, described these actions as an abuse of process intended to delay lawful possession. Stairway also seeks declarations confirming its ownership and has moved for directions on document exchange to expedite the determination of the opposing action. The court noted the property's history of litigation, including previous High Court, Court of Appeal, and Supreme Court battles over repossession, and the appointment of receivers following an alleged €24m debt to IBRC, which was subsequently sold to Kenmare Property Finance and then Everyday Finance. After considering submissions, Mr Justice Nolan granted Stairway ex-parte permission to serve short notice of its applications. The matter was adjourned to a date later this month.
The High Court has granted protective orders to Bio Marine Ingredients Ireland Ltd, marking the first time such relief has been awarded to a company undergoing the Small Company Administrative Rescue Process. Justice Michael Quinn made the orders on Wednesday, preventing creditors from pursuing legal proceedings against the Castleblayney-based marine bio-tech firm while it develops a rescue plan. The company, which employs eight staff at Lough Egish, faces claims exceeding €400,000 from creditors including its landlord Americold Ltd, Bord Gás, and various service providers. The court heard the firm's insolvency advisor found reasonable prospects of survival as a going concern. The dispute with the landlord over alleged lease forfeiture was set aside for separate determination. The company has secured additional investment through Rolling Wave to cover operational costs during the rescue period and expects increased sales from new customers.
A senior employee at a spiritual centre dedicated to the late Fr Patrick Peyton has obtained a temporary High Court injunction preventing his employer from appointing a replacement to assume his duties. Padraic Walsh, who claims to be National Director of the Father Patrick Peyton CFC Memorial Company Ltd facility at Attymass outside Ballina in County Mayo, argues that the proposed appointment breaches his contract and damages his reputation. Mr Justice David Nolan granted the interim injunction on an ex-parte basis on Tuesday, finding that Mr Walsh had raised a fair issue for trial and that damages would not adequately compensate him. The judge noted the temporary order would not impede the centre's operations. Mr Walsh has worked at the facility since 2016, with his position renewed in 2021. He claims that following his vindication from bullying allegations in 2022, his relationship with the employer deteriorated. In September, he was informed of plans to appoint an Executive Director to whom he would report directly. The matter returns to court next week.
An Environmental Protection group, Wild Ireland Defence CLG, has lodged a High Court judicial review challenge against Galway County Council's decision to extend planning permission for a proposed expansion of Rossaveel Harbour in the Connemara Gaeltacht. The challenge, brought by the Cork‑based organisation, concerns the environmental impact of a deep‑water quay that would provide 200 metres of berthing frontage, low concrete sea walls, an access road, lighting, drainage and protective structures. The original permission, granted to the Department of Agriculture, Food and the Marine, expired in July 2023 and was reportedly extended on 10 July following an application by the Minister. Wild Ireland Defence argues that the council failed to properly assess the development under EU directives on Habitats, Water Frameworks and Environmental Impact Assessment, and that it gave no adequate reasons for the extension. The case, represented by Evan O'Donnell BL of Harrington & Co, seeks orders including a quashing of the extension.
In a preliminary application before Mr Justice Mark Sanfey at the High Court, an American woman, referred to as Jane Doe, sought permission to proceed under a pseudonym in a damages action against entities within the AYLO group, formerly MindGeek. The applicant alleges that she was drugged and raped as a minor, with recordings of the abuse subsequently uploaded to adult video sharing sites, including Pornhub, owned by the defendants. She claims these videos were distributed in violation of US laws and seeks parallel proceedings in Ireland, alleging that Irish entities hold substantial assets. The defendants, including AYLO Billing Limited and Mirmay Limited, deny all allegations of wrongdoing. The applicant seeks aggravated and exemplary damages for alleged breaches of duty, GDPR, conspiracy, and privacy rights, along with orders to remove the images, identify uploaders, and preserve Irish assets below US$630m pending the outcome of actions in Ireland and the US. Counsel Jarlath Ryan BL argued that the applicant's safety and life were at risk if her identity were publicized, and that she would face stigmatisation. Mr Justice Sanfey acknowledged the unusual circumstances and the court's inherent jurisdiction to grant anonymity, ruling that the defendants would not be prejudiced. The court granted the order, allowing the applicant to bring her proceedings under the pseudonym Jane Doe.
A senior barrister, Diarmuid Phelan, aged 54, is seeking a variation of his bail conditions to return to his 170‑acre farm in Tallaght and to his 54‑acre farm in Wexford. He was charged with the murder of Keith Conlon, 36, who was shot at Hazelgrove Farm on 22 February 2022 and died two days later. Phelan was remanded after appearing at Tallaght District Court on 25 February 2022, and a High Court bail refusal was overturned by the Court of Appeal, allowing him to be released on two €50,000 bonds. His trial is set for 29 May next year before the Central Criminal Court. In the bail variation hearing, agricultural consultant Jeff Barry testified that Phelan's Tallaght farm, which had been accepted into an organic scheme in January, has suffered from halted fencing and maintenance work, leading to serious welfare concerns for the livestock.
County Clean Recycling Unlimited Company has secured High Court permission to challenge An Bord Pleanála's 2021 refusal to grant planning permission for a waste transfer station at Courtstown Industrial Estate, Little Island, Co Cork. The applicant, represented by Oisin Collins SC, alleges a reasonable apprehension of bias due to the involvement of Deputy Chairperson Paul Hyde, who has a family connection to the area. The company claims Hyde failed to declare a conflict of interest, noting that many local objectors were likely known to him. This alleged bias is compounded by Hyde's recent conviction; he pleaded guilty in June to two offences under Section 147 of the Planning and Development Act 2000 and received a two-month jail sentence earlier this year for breaches of planning laws. The applicant seeks orders quashing the refusal, extending time limits, and compelling the board to disclose relevant documentation. Ms Justice Niamh Hyland granted the ex-parte application for leave to bring the judicial review. The matter was adjourned and will return before the court in December. Separately, Hyde's appeal against his two-month sentence is scheduled for November. He resigned from the board last year after serving as a member since 2014.
In a High Court hearing on 24 October 2023, Mr Simon Healy, a 25 % shareholder and former Executive Chairman of Navicorp Limited (trading as Navi Group), applied for a temporary injunction to prevent the company's directors and other shareholders from transferring his shares. He alleged that his dismissal in September 2023 was wrongful and that the defendants were acting oppressively to benefit Mr John Carroll, the 75 % shareholder and CEO of Navicorp. The company denied the claims, calling Healy a "bad leaver". After extensive negotiations, the parties reached an accommodation: the disputed meeting was postponed, a valuation of Healy's shares was to be undertaken, and the injunction application was to be rescheduled for 19 December. Mr Justice Mark Sanfey adjourned the case to that date, praising the parties' efforts to resolve the dispute.
A woman has brought a High Court challenge against her exclusion from the State compensation scheme for victims of crime. The applicant, who cannot be identified for legal reasons, was raped and sexually abused by her father between 1995 and 2002. Her father pleaded guilty to 32 offences at the Central Criminal Court, including rape and sexual assault, and was jailed for eight years in 2018. The Criminal Injuries Compensation Tribunal denied her claim under a legacy provision that barred compensation where the offender and victim lived in the same household. Although this section was removed in 2021, the Tribunal applied it to her claim lodged under the older scheme. An appeal panel upheld the refusal earlier this year. The woman argues the decision breaches her rights and fails to transpose EU law regarding victim entitlements. She seeks orders quashing the determination and declarations that the scheme is incompatible with EU directives, unconstitutional, and contrary to the European Convention on Human Rights. The matter was heard by Ms Justice Niamh Hyland, who granted permission to bring the challenge on an ex-parte basis. The case is adjourned and will return before the courts in December.
TikTok secured High Court permission to challenge the Data Protection Commission's €345 million fine, which the platform claims is disproportionate and unlawful. The fine followed a 2021 investigation into TikTok's handling of personal data of users under 18, including age‑verification measures for those under 13. TikTok's Irish subsidiary, TikTok Technologies Limited, has launched judicial review proceedings seeking orders and declarations against the DPC, the state, and the Attorney General. The company argues that the DPC's findings are flawed, breach its rights to a fair hearing, and are unconstitutional. It also seeks declarations that sections of the 2018 Data Protection Act and the 2016 GDPR Regulation are incompatible with the Constitution, the EU Charter of Fundamental Rights, and the European Convention on Human Rights. The court granted TikTok leave to proceed and allowed a potential stay of the fine if necessary. The case is set for a December hearing.
The mother of a teenage boy with Autism Spectrum Disorder and a moderate intellectual disorder has filed a High Court judicial review to secure an appropriate school placement for her son. The boy, who has no sense of danger, has been aggressive and has tried to escape home, leading the HSE to place him in a residential setting because his parents could no longer manage his behaviour. While the residential care is effective, the mother argues it does not meet his educational needs. She has been unable to obtain a school place through the National Council for Special Education due to a lack of availability and the difficulty of finding staff trained to handle his challenging behaviours. She claims the Minister for Education and Skills, the NCSE, Ireland and the Attorney General have failed to uphold the boy's constitutional right to an adequate education.
The family of a young girl who underwent spinal surgery at Temple Street Children's Hospital has initiated High Court proceedings to obtain all her medical records from Children's Health Ireland (CHI). The girl, one of 19 children involved in a report on Spina Bifida surgeries, was operated on last year despite a 50% risk of complications and death. The family claims the surgery was "botched" and "inappropriate," leading to serious post‑operative complications and a split spine that will require further procedures. They argue CHI delayed providing the full suite of records and have received only partial documentation. The court granted the family permission to serve notice of the injunction, and the case will return next week for further hearings. The family seeks an order for CHI to supply all management plans, risk assessments, and to appoint an independent expert to review the case.
Mr Justice Oisin Quinn granted Dr Fiona Grant an interim injunction at the High Court, restraining Gradual Investments Limited from repossessing the medical clinic premises at The Village, Stepaside, Dublin 18. The case, involving Dr Grant and Tuesday Dr Grant as applicants, was adjourned to a date later this month. The dispute centres on alleged unpaid rent, interest, and service charges claimed by Gradual Investments, which acquired the unit in 2015. Dr Grant denies these claims, asserting that she has consistently paid rent in advance except for one instance in March 2020 during the pandemic. She contends that Gradual Investments is not entitled to forfeit the lease, which she entered into in 2009, particularly while her defence to a summary judgment application for over €140,000 remains pending. Counsel for Dr Grant argued that the landlord's issuance of forfeiture notices, with the latest set to take effect on October 18, was unjustified. The judge noted that Dr Grant had raised a serious question requiring trial and that maintaining the status quo was in the interest of her patients. Both parties were granted permission to return to court before the adjourned date if necessary.
In a pre-trial hearing, Mr Justice Rory Mulchay directed that a preliminary trial be held to determine the State's argument that an action brought by Independent Senator Gerard Craughwell is non-justiciable. Senator Craughwell alleges that an unapproved arrangement allows the Royal Air Force to intercept aircraft in Irish airspace, claiming this is unconstitutional and requires a referendum. The Government and State oppose the action, denying any improper conduct and arguing that courts cannot review matters of external security falling within executive powers. The judge accepted that the defendants' claim of non-justiciability should be heard by way of a preliminary trial, citing the sensitivity of the issues and the potential to resolve legal questions without trespassing on security matters. However, the court rejected the defendants' request to determine a second related issue regarding the review of external security proceedings, finding it lacked sufficient agreed facts. The judge noted that if the preliminary trial does not resolve the proceedings, the question of a modular trial may be revisited. The matter was adjourned to return before the judge at a later date for final orders.
In October 2023, Dublin Garda Andrew Dunne filed a High Court challenge after being transferred from community policing to a core policing unit in August 2022. The transfer followed an incident in the Rathmines Garda Station canteen where Dunne, eating cereal, failed to log a 15‑minute break in the Garda Command and Control System. Chief Superintendent Peter Duff, who inspected the station, reported the omission and also noted another Garda's alleged inappropriate conduct. Dunne, who had won a competition to join the Garda Community Policing Service in 2017, was told his community role was "no longer tenable" and reassigned. He claims the decision was unfair, unlawful, and breached Garda Discipline Regulations and his constitutional rights. Represented by Antony Moore SC and James Lawless BL, Dunne seeks orders to quash the transfer and declarations of unlawful, disproportionate, irrational and unreasonable action. Ms Justice Niamh Hyland granted the case on an ex‑parte basis, with the matter adjourned to November.
In a High Court judicial review, Mr Simon Cross, who runs a farm equipment manufacturing business adjacent to the proposed site, challenges An Bord Pleanala's decision to grant planning permission for 28 new houses in Newtown, Rathangan, Co Kildare. Cross argues the permission is flawed because it allows a residential development next to a noise‑generating facility, which he says is inconsistent with proper planning. He also contends that the board failed to consider the current County Kildare Development Plan 2023‑2029, relying instead on the previous plan from 2017‑2023, and ignored his submissions about traffic hazards and environmental impacts. Represented by Michael O'Donnell Bl, Cross seeks an order quashing the decision. The case was heard ex‑parte by Ms Justice Niamh Hyland, who granted permission for the challenge and adjourned the matter to November. The developer Moortrim Limited is a notice party.
In October 2023, Mr Paul McGrath of Mount Eagle Square, Sandyford, settled a High Court case that had sought to restrain the Tuath Housing Association from evicting him. McGrath had previously obtained an injunction after being accused of anti‑social behaviour, claiming instead that he was attacked while socialising at a neighbouring property and that he had sustained injuries. He argued that the landlord had no right to terminate his lease and that the eviction should be postponed until the Residential Tenancies Board could decide the dispute. The court had issued orders preventing the landlord and its agents from evicting or entering the premises pending that determination. On Friday, the parties reached a confidential settlement, and the court was instructed to strike out the case. No further details of the agreement were disclosed.
In a High Court hearing on 5 October 2023, the legal action brought by the Association of Garda Sergeants and Inspectors (AGSI) against the Garda Commissioner over proposed rostering arrangements was declared not proceeding. The judge, Mr Justice Mark Sanfey, noted that the matter had become moot because the Commissioner had invited the AGSI and other Garda representative bodies to discuss new rostering agreements. The AGSI agreed to participate in these talks, and counsel for both sides agreed that the November hearing was unnecessary. The issue of who would bear the legal costs remains unresolved and will be argued later in the month. The court also acknowledged that the AGSI's earlier request to prevent the Commissioner from unilaterally imposing a new roster and to exhaust internal dispute resolution procedures had been opposed by the Commissioner. The case was adjourned to allow for out‑of‑court discussions.
Teacher Enoch Burke was ordered to remain in Mountjoy Prison on Tuesday after refusing to purge his contempt of court. The matter was before the High Court for a review of his ongoing imprisonment, which stems from his deliberate failure to comply with a permanent injunction granted by Mr Justice Alexander Owens earlier this year. The school's Board of Management sought his committal after alleging he attended Wilson's Hospital School daily, causing disruption. Mr Justice Mark Sanfey ruled that the court was solely concerned with the contempt issue, not the underlying dispute. Mr Burke refused to give undertakings to stay away from the school, describing the order as unjust and a violation of his religious beliefs. During the proceedings, his father Sean Burke and sister Ammi Burke were physically removed by gardai for shouting and interrupting the court, while his mother Martina Burke eventually left voluntarily. Mr Justice Sanfey directed that Mr Burke be returned to prison until he is prepared to provide undertakings securing his release. The judge noted that Mr Burke could appear at any time to purge his contempt. The matter was adjourned and will be next reviewed by the courts on December 12th.
On 2 October 2023, Mr Justice Alexander Owens approved three Debt Settlement Arrangements in the High Court. The first allowed 51‑year‑old Brian Carrig, a self‑employed accountant from Ashfield, Drogheda, to write off more than €5 million of debt for a lump payment of about €15 000. The arrangement, lasting six months, aims to restore Carrig's solvency and gives creditors only 0.32 % of what they are owed; it is funded by a €20 000 payment that includes a fee for his Personal Insolvency Practitioner. The second arrangement, for 56‑year‑old David Hoban, a former building contractor, permits the write‑off of over €1.3 million for a €20 000 payment over 60 months, with 81 % of creditors accepting. The third arrangement concerns 47‑year‑old Daniel Desmond, an IT director, who will write off €2.2 million of debt for a €70 000 payment over 12 months; all creditors voted in favour.
In a High Court hearing on 31 July 2023, Justice Marguerite Bolger described the living conditions of the McInerney family—six members of the Irish Traveller Community—as "wretched" and "very unsettling." The family, who had been living in a one‑berth caravan and sleeping in a car for several months, had been moved from roadside accommodation in Toomevara to the Springfort Retail Park in Nenagh, only to be told by Garda Síochána to vacate that site as well. Between April and mid‑July they mainly slept in a car, with brief periods in emergency accommodation before receiving a caravan in mid‑July. The family claims that since May they have been denied hotel accommodation and have received only €100 per night toward B&B costs, which they say is insufficient.
Moyrock Properties Limited applied to the High Court to stop a couple, Joseph and Margret Cooney, from using a hidden garden on land it bought in 2021 for over €1.6 million. The company said the garden, only visible by drone, was built on its property and that the Cooneys were trespassing. Moyrock requested an injunction but suggested a one‑month stay to allow the couple to harvest. In a separate case, Moyrock sued four other individuals—Garry Regan, Raymond Walsh, Philip O'Gorman and Anthony Dolan—who it says were occupying a part of the land near a structure called the 'Blue Shed'. The defendants claimed a lease, which Moyrock denied, noting no formal agreement or rent had been paid. The court granted the Cooneys' request for short notice of the injunction and ordered the case to return in August, while the other proceedings were also scheduled for a next‑month hearing.
In the High Court, Dr Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, sought judicial review against the Data Protection Commission (DPC), alleging it failed to adequately investigate a 2018 complaint regarding Google's alleged 'Real Time Bidding' data processing. Dr Ryan claimed the DPC breached the 2018 Data Protection Act and GDPR by not investigating with due diligence. The DPC, represented by Joe Jeffers SC, denied all claims, asserting it opened a voluntary inquiry in 2019 that remains ongoing. It argued the proceedings were time-barred and premature, maintaining that its investigative discretion is not amenable to judicial review. Dr Ryan, represented by James Doherty SC and Sean O'Sullivan BL, countered that the DPC had not complied with its GDPR obligations to investigate how Google gathered and distributed personal data. He noted a similar complaint concerning IAB Europe was processed by the Belgian Data Protection Authority. Google, a notice party, stated it would not actively participate. Mr Justice Garrett Simons heard submissions and indicated he intends to reserve his decision, to be returned at a later date. The matter was adjourned, with the hearing continuing.
In a High Court hearing on 26 July 2023, Mr Justice Brian O'Moore confirmed that the temporary injunction issued last week against three owners of luxury holiday lodges near the Johnstown Estate hotel was largely complied with. The injunction, which restrains the use of sirens, airhorns, alarms or power generators that produce loud noise near the hotel, was obtained after the hotel stopped supplying electricity and water to the lodges. The court heard that the siren's noise had ceased and that signs criticizing the hotel's owner had been removed. Two of the defendants, David Godwin and Martin Kennedy, who appeared in court, offered written undertakings to comply with most terms, though no undertakings were offered regarding their generators. Mr Justice O'Moore said he would continue the injunction on the generators and urged a compromise, while the third defendant, Peter Wilson, was absent and the orders against him were maintained. The matter was adjourned to August.
In the High Court, Tuesday Edel Campbell, the plaintiff, secured disclosure orders directing Twitter to identify the operators of two accounts alleged to have breached a court injunction. The defendant, Gemma O'Doherty, confirmed to Mr Justice Brian O'Moore that she controls the '@irishlightpaper' account but denied involvement with the other two accounts, '@cavandrugwatch' and '@michaelmg3'. Ms O'Doherty denies all wrongdoing and intends to contest the allegations. The court granted the orders to allow the plaintiff's legal team to determine who controls the remaining accounts, after which Ms Campbell may decide whether to bring a motion for alleged contempt of court. The case stems from Ms Campbell's claim that Ms O'Doherty, publisher of The Irish Light, unlawfully used an image of her late son, Diego Gilsenan, in an article linking his death to the Covid-19 vaccination. Ms Campbell alleges this constitutes harassment and a breach of her constitutional rights. A previous injunction restrains Ms O'Doherty from harassing the plaintiff, publishing images of the plaintiff or her son, or inciting others to intimidate her. This injunction remains in place pending the final outcome of the action. The matter was adjourned to allow for the disclosure of the identities of the other account controllers.
In a High Court case, Nigerian politician Oluseye Oladejo and his psychiatrist wife, Dr Oluwatoyin Oladejo, settled a defamation action against Kudirat Adunni Alowonle, an Irish resident. The couple had alleged that Alowonle posted videos on Facebook containing false and highly defamatory statements about them following their marriage in Lagos in June. They sought an injunction to remove the videos, an order preventing further defamatory publications, a correction, and disclosure of who received the videos. Mr Justice Brian O'Moore had previously allowed short notice of the injunction proceedings. However, when the case returned to court, the plaintiffs' counsel reported that Alowonle had removed the videos and issued an apology, leading to the striking out of the injunction proceedings. No representation was made by Alowonle in court. The case was resolved without further court action.
A woman secured a High Court injunction to stop her employer from dismissing her for alleged gross misconduct. She claims she was fired after delivering a 28‑page letter to her boss's home outlining grievances about his behaviour. She says handing the letter was not gross misconduct and that dismissal steps breached fair procedures. The employer denied breaches and argued the relationship was irretrievably tainted. Mr Justice Rory Mulcahy granted a limited injunction, requiring the firm to pay her salary and bonuses pending the full hearing, and restraining it from further disciplinary action. The order also allows the defendant to suspend her while continuing to pay her salary. The case is subject to a confidentiality order under the 2008 Civil Law Act, and the parties remain unnamed. The injunction does not address any potential damages. The dispute remains in the High Court, not the Workplace Relations Commission.
At the Central Criminal Court in Carrick-on-Shannon, County Leitrim, two brothers have been convicted of sexually abusing their young cousin between 1999 and 2003. Aidan Gallagher, aged 40, of Dadreen, Westport, was convicted of six counts of oral rape. Thomas Gallagher, aged 38, of Cuttenty, Annaghdown, was convicted of one count of rape and seven counts of sexual assault. The complainant, who waived anonymity, provided a victim impact statement describing how the abuse shaped her life, leading to substance misuse and mental health difficulties, though she has since achieved sobriety and recovery. Mr Justice David Keane noted that Thomas Gallagher was diagnosed with Motor Neurone disease in October 2022 with a life expectancy of less than two years, describing it as a unique sentencing situation. The judge remanded both men in custody pending sentencing on 9 October and directed the Prison Service to report on facilities for managing the defendant's terminal illness.