Court archive

High Court

2023-07-24 · Dublin

Paul Murphy brings challenge over Varadkar document leak controversy

TD Paul Murphy has obtained permission from the High Court to challenge the Standards in Public Office Commission's refusal to investigate a claim that Taoiseach Leo Varadkar leaked a draft pay‑deal agreement between the State and the Irish Medical Organisation. Justice Niamh Hyland granted the leave after determining that the low threshold for judicial review had been met and that the applicant's claim was arguable. Murphy, a People Before Profit TD, had previously sought a review in February, but the case was adjourned multiple times while the presiding judge, Justice Charles Meenan, requested clarification on legal points and directed that the matter be served on both Sipo and Varadkar. The challenge is based on Murphy's assertion that his right to fair procedures and natural justice was breached, and he seeks an order remitting the case back to Sipo for reconsideration.

2023-07-24 · Ireland

Labour Court official has 'judicial immunity' from lawyer's discrimination complaint

In a July 2023 decision, the Workplace Relations Commission (WRC) ruled that a Labour Court deputy chairman is entitled to judicial immunity, dismissing a disability discrimination complaint lodged by a lawyer with Parkinson's disease. The lawyer alleged that the deputy chairman repeatedly berated her, refused to allow breaks for medication or bathroom use, and made remarks implying her disability hindered her professional conduct. She claimed the deputy chairman's conduct impeded her ability to represent her client and that she was forced to request breaks publicly. The WRC found the complaint misconceived, noting the Labour Court's role as an administration of justice and that the case was not within the 2000 Act's scope. Consequently, the complaint was struck out, with the WRC affirming the deputy chairman's judicial immunity and the registrar's assertion that the hearing was conducted fairly.

2023-07-21 · Meath

Challenge to proposed data centre that will generate 1% of Ireland's carbon emissions dismissed

In a High Court decision on 21 July 2023, the challenge by Mannix Coyne and his daughter Amy Coyne to the approval of a 180‑megawatt data centre near their home in Bracetown, Clonee, Co. Meath, was dismissed. The Coynes alleged that the centre would produce about 1% of Ireland's annual CO₂ emissions and that the planning permission granted in July 2021 breached their constitutional rights to a healthy environment and other rights under the European Convention on Human Rights. They also claimed the decision violated planning regulations, the 2000 Planning and Development Act, the EU Directive on Environmental Impact Assessments and Habitats, and the 2015 Climate Action and Low Carbon Development Act, and that it would harm their equine business. The State, An Bord Pleanala and EngineNode Ltd rejected all claims, arguing that a right to a healthy environment is not recognised under the Constitution or the ECHR.

2023-07-21 · Dublin

Hotel owners say business being disrupted by night-time horn

The owners of the Four‑Star Johnstown Estate hotel, Lefgem Limited and Wave Prime Limited, have obtained a temporary High Court injunction to stop three neighbours from using a siren or airhorn at night. The defendants – David Godwin, Peter Wilson and Martin Kennedy – each own a luxury holiday lodge near the hotel and have allegedly used a loud industrial‑style siren for up to six hours each night, starting at 10:45 pm. The hotel claims the noise has damaged its business reputation and disrupted two upcoming weddings. The injunction, granted ex‑parte by Mr Justice Brian O'Moore, prohibits the defendants or anyone aware of the order from using a siren, airhorn, alarm or power generator to produce loud noise near the hotel. The order is returnable next week. The case arose from a broader dispute over services and property use between the hotel and the lodges.

2023-07-20 · Ireland

ESB claims employee has no right to silence over alleged corrupt payments questions

In a High Court hearing, the ESB seeks a declaration that an employee has breached his contract by refusing to answer questions about alleged corrupt payments from builders. The employee, an electrician who has worked for the ESB since 2017, denies wrongdoing and claims a right of silence because the matter is under Garda investigation. The ESB argues that the right of silence applies only to state inquiries, not to private disputes, and that the employee's refusal to answer constitutes a breach of contract, potentially ending his employment. The employee's counsel counters that the ESB has not initiated any disciplinary process and that dismissing him would be premature. The court is to decide whether the employee is entitled to a right of silence and whether the ESB can lawfully terminate his employment. The case also involves separate proceedings where the ESB seeks Norwich‑Pharmacal‑type orders against two construction firms to obtain information about alleged cash payments.

2023-07-17 · Kerry

Dispute between son and allegedly controlling mother to go to mediation

David Thomas, 33, has sued his mother Breda Thomas over a Co Kilkenny property that includes a guesthouse and 85 acres of land at Ballyduff, Thomastown. He alleges that he is the rightful owner, having inherited the property from his late grandmother and that it was held in trust for him and his sister. Thomas claims that the property was legally transferred to him in 2010 but that his mother concealed this fact, leading to a breakdown in their relationship. He seeks possession of the dwelling house and farm, registration of his legal interest, damages for trespass, breach of duty and unjust enrichment, and an injunction against his mother's alleged trespassing and harassment. Breda Thomas denies all allegations, stating she loves and cherishes her son, has never abused him, and that the property was willed to him and his sister by their grandmother in 1993.

2023-07-17 · Westmeath

Enoch Burke must pay costs of Wilson's Hospital School action

Schoolteacher Enoch Burke, dismissed from Wilson's Hospital School for alleged gross misconduct, was ordered by Mr Justice Alexander Owens to pay the school legal costs in a High Court action. Burke, who denied wrongdoing, argued that his suspension stemmed from his opposition to transgenderism and a school directive to refer to a student wishing to transition with a different name and pronoun. He claimed the disciplinary process breached his constitutional rights, including freedom of expression of religious beliefs. The court found Burke had been lawfully suspended and awarded the school costs, while restraining him from trespassing on the school premises. Burke appealed the dismissal, but a temporary injunction was granted to halt the appeal hearing, a move he contested. The case remains at the disciplinary appeal stage.

2023-07-17 · Cork

Terms of injunction being complied with, immigrant charity tells High Court

The High Court heard that Mr Wojciech Bialek, former chief executive of the Together‑Razem Centre, has complied with an injunction requiring him to vacate the charity's Cork offices. The injunction, obtained by the charity, prohibits Bialek and anyone aware of the order from removing, deleting or copying the charity's documents, transferring or withdrawing its funds, trespassing on its premises, or representing himself as an employee, trustee or chairperson. The court was told that the offices have been vacated and that Bialek denies the allegations. His lawyers requested time to respond fully. The charity claims Bialek resigned after an independent accountant raised questions about its accounting, and that he and others unlawfully attempted to remove board members, hold an invalid extraordinary general meeting, and seize control of the offices by changing the locks. The court set a timetable for document exchange and adjourned further proceedings to later this month. The charity has not yet regained possession of its offices.

2023-07-14 · Cork

Charity helping Ukrainian refugees gets injunction against 'ex' CEO after 'chaotic' week

In a High Court case on 14 July 2023, Together‑Razem Centre Company Limited secured a temporary injunction against its former CEO, Mr Wojciech Bialek, who allegedly seized the charity's offices after resigning in 2022. The charity, funded by the HSE and based in Cork, claims Bialek unlawfully took control of its premises at Kilnap Business Park, changed the locks, and threatened to alter or erase its records. The court heard that Bialek had been under investigation for financial and governance matters and that an Extraordinary General Meeting held on 11 July, which the charity says was invalid, removed the existing board and appointed new directors. The injunction, granted by Mr Justice Brian O'Moore, prohibits Bialek and others from removing, copying or transferring the charity's documents or funds, and bars them from representing themselves as officers of the charity. The order remains until the case returns to court on Monday.

2023-07-13 · Dublin

Businessman denies breaching court orders not to collect rent

A businessman, Declan Rogers, denies breaching High Court orders that prohibit him from collecting rents from tenants at Ossory Road Enterprise Park in Dublin. Rogers, who is a shareholder and director of Rogers Recycling Limited, claims the units are his property and that the plaintiff, Ossory Road Enterprise Park Limited, has no right to the rents. The plaintiff, which acquired the park in 2021, has obtained an injunction from Justice Siobhan Stack that remains in force until the dispute is resolved, preventing Rogers and his company from collecting rents. Rogers' counsel argues that allegations of contempt, including claims of assault, fire hazards, and people living in containers, are irrelevant and based on hearsay. Justice Brian Cregan adjourned the contempt hearing, allowing the plaintiff to submit further reliefs and indicating a possible return to the case in October to assess progress. The judge emphasized the importance of obeying court orders and managing the case to reach a resolution swiftly.

2023-07-12 · Dublin

Judge refers case of elderly mother defrauded by daughter to DPP

In a High Court case, Mr Justice Brian Cregan directed that two judgments be sent to the Director of Public Prosecutions. The judgments concern Marie Gibson, an elderly woman in her 80s, who was defrauded of her family home by her daughter Pauline Gibson. The court found Pauline had forged her parents' signatures to transfer the property to herself in 2003, secured a €190,000 mortgage from First Active Building Society, and later defaulted. The transfer was set aside as fraudulent, and the mortgage charge was removed. Marie Gibson was awarded €110,000 in damages and €75,000 in punitive damages against Pauline. The court also found solicitor Kevin O'Gorman negligent and awarded Marie €35,000. The judgments will be referred to the DPP for possible criminal charges, and further decisions on referrals to professional bodies will be made later this month.

2023-07-11 · Limerick

School meals provider wants to vet its own workers

School Food 4 Primary Ltd, a Limerick‑based provider of hot meals for schools, has filed a High Court challenge against An Garda Siochana's refusal to list it as a 'relevant organisation' under the 2012 National Vetting Bureau (Children and Vulnerable Persons) Act. The company argues that its application to the Garda National Vetting Bureau was denied on grounds it finds legally incoherent. It claims that the current interpretation requires schools to vet the company's employees, meaning any employee who fails a school vetting process cannot be employed by the firm, yet the company is not informed of the reasons for the failure. This situation, the firm says, is unworkable and hampers its ability to hire and grow, as it plans to add 200 staff over five years. Represented by Stephen Walsh BL, the company seeks orders directing the Garda Commissioner to register it as a relevant organisation, thereby allowing it to vet its own employees.

2023-07-11 · Cavan

Woman tells High Court home has become 'living hell' due to excess noise

In High Court proceedings, applicant Ita Madden, of Viginia House, Lough Gowna, Co Cavan, brought an action against Xtrupak Limited and directors Darragh Reilly, John Reilly Snr, Christine Reilly, and John M Reilly. Ms Madden alleged that excessive noise and air pollution from the defendants' manufacturing facility, located at Lough View, Lough Gowna, had severely disrupted her family's health and living conditions. She claimed the noise levels exceeded planning permission conditions following an operational expansion in January of this year. Ms Madden sought an injunction restraining the company from commercial activity until specific modifications were completed. The defendants, represented by Daniel McNamara BL, stated they were prepared to contest the application but preferred to reach an arrangement. Counsel noted that granting the injunction would risk the jobs of over 44 employees. The defendants proposed offering accommodation to Ms Madden while noise alleviation works, expected to take several weeks, were completed. Ms Madden, who represented herself, requested time to consider the proposal and to seek legal representation. Mr Justice Brian O'Moore adjourned the matter to a date later this month, encouraging the parties to continue seeking a resolution.

2023-07-11 · Ireland

Panel to oppose Enoch Burke's bid to halt appeal

The High Court has been told that the Teacher's Disciplinary Appeal Panel intends to oppose Enoch Burke's bid to extend an injunction restraining the hearing of his appeal against his dismissal from Wilson's Hospital secondary school. Mr Burke, who denies the school's finding of gross misconduct, alleges the panel is flawed due to the presence of ASTI General Secretary Kieran Christie, whom he claims is biased against him regarding transgender policies. He also alleges a breach of fair procedures because a video clip of a 2022 school service was not provided to him or the panel. The panel contests these claims but requested time to respond. Mr Justice Brian O'Moore provisionally fixed a hearing for late July to determine the injunction application. The judge noted that the previous interim injunction had expired and was replaced by undertakings from the panel. This application is part of an ongoing legal dispute; previously, Mr Burke was jailed for 108 days for contempt of court after refusing to comply with an order restraining him from attending the school premises. He is currently subject to a daily fine of €700 for continuing to breach that order. The school is a notice party but does not intend to participate in the proceedings.

2023-07-10 · Ireland

Mum seeking to have son enrolled in autism unit brings High Court challenge

A mother has taken her autistic son to the High Court after a primary school refused to enrol him in its autism unit. She says the school told her there were places, she applied and sent all required paperwork, but weeks later the school claimed it had no record of the application and that all places were filled. The school then put the boy on a waiting list. The mother appealed to a Section 29 Appeals Committee, arguing the school had not properly reviewed its decision. The committee rejected the appeal, citing a failure to provide information and that the boy's application had never been considered because it was "mislaid". The mother appealed that decision to the Minister for Education, who set aside the committee's refusal and directed it to consider the appeal. The mother was later told the appeal was moot because waiting lists are only valid for one year and a new enrolment process had begun.

2023-07-10 · Meath

Woman challenges permission for riding arena lights over epilepsy concerns

Mary Charles, of Dinree House, Piercetown, Dunboyne, Co Meath, has been granted permission by the High Court to bring a judicial review action against An Bord Pleanála and the Attorney General. The applicant challenges the board's March decision to grant retention planning permission to respondent Leslie Fitzpatrick for upgrading the lighting system at the Wynmere equestrian facility in Dunboyne. Ms Charles alleges that the proposed eight-meter LED lighting columns will adversely affect a family member with photosensitive epilepsy, whose home is located 100 meters from the arena. She claims the board's decision is invalid because it failed to consider the potential health impacts of light pollution, did not carry out an adequate survey of bat fauna, and erroneously concluded that an Environmental Impact Assessment screening was not required. The applicant further alleges that the board made material errors of law and fact and failed to provide proper reasons for its decision. Ms Charles seeks orders quashing the board's decision to grant planning permission. The matter was heard by Ms Justice Niamh Hyland, who granted the application for permission on an ex-parte basis. Mr Fitzpatrick was made a notice party to the proceedings, and the matter was adjourned to a date in October for further hearing.

2023-07-07 · Kerry

Farmer sues 'very controlling' mother

David Thomas, 33, has sued his mother Breda Thomas in the High Court, claiming she unlawfully occupies an 85‑acre farm and dwelling at Ballyduff, Thomastown, Co Kilkenny, which he says was willed to him by his late grandmother Barbara Thomas in 1993. Thomas alleges that the property was transferred to him in 2010 by trustees, but his mother withheld the full meaning of the transfer and continued to manage the farm, benefiting from its profits. He says his mother has physically attacked him, threatened to burn the property, and excluded him from his bedroom and household facilities. Thomas claims he has no other accommodation and has been staying with an aunt. He seeks possession of the house and farm, registration of his legal interest, damages for trespass and unjust enrichment, and an injunction restraining his mother from trespassing or harassing him.

2023-07-06 · Offaly

Enoch Burke secures last-gasp injunction over dismissal appeal

Enoch Burke, a former teacher at Wilson's Hospital secondary school, secured a temporary High Court injunction halting the hearing of his dismissal appeal. The matter was adjourned until the following Tuesday. Burke, who represented himself, argued that ASTI General Secretary Kieran Christie, a member of the three-person appeal panel, should recuse himself due to alleged bias regarding transgender issues. He also claimed the panel failed to obtain a WhatsApp video clip from the school board, which he argued was crucial evidence. The other panel members are Sean Ó Longáin, the chair, and Jack Cleary, the Management Body representative. Justice Eileen Roberts granted the ex-parte application, ruling that Burke had raised fair issues but making no findings of fact on his claims. Burke had previously been jailed for 108 days in Mountjoy Prison for contempt of court after refusing to comply with an order restraining him from attending the school. He was later fined €700 daily for continued breaches. The school board had dismissed Burke for gross misconduct, a decision he denies, claiming his dismissal stems from his objection to using specific pronouns for a student.

2023-07-06 · Dublin

Judge orders arrest of those occupying housing charity's property

In a High Court hearing on 6 July 2023, Mr Justice Conor Dignam granted an attachment order to the Cabhrú Housing Association, a charitable organisation that owns a Dublin property at James McSweeney House, Berkeley Street, Dublin 7. The order requires Gardaí to arrest and bring before the court all persons who are refusing to vacate the building, which has been illegally occupied since mid‑May. Cabhrú claims the occupants are members of a group called the Revolutionary Housing League and that the occupation is in contempt of a prior court order to leave. The charity has attempted to identify the occupants and serve them copies of the vacate order in six languages, but has been unable to do so because the occupants wear masks and have barricaded themselves inside.

2023-07-05 · Dublin

Dispute over division of assets including Red Cow Hotel

In a High Court case on 5 July 2023, the Duddy Group—Duddy Hospitality Ireland Holdings Limited, Brendan Duddy and Lawrence Duddy—sued the Propiteer Group, comprising Propiteer Ireland Holdings Limited, DADAC Ltd, Propiteer Ltd, Colin Sandy and David Marshall, over a dispute about the division of assets from joint ventures they had owned, including the IBIS Red Cow Hotel in Dublin. The parties had been partners in several ventures, and after disagreements in 2019 they agreed in 2020 to split the assets. The Duddy Group alleges that the Propiteer Group breached those settlement agreements by securing borrowings for the IBIS companies, appointing receivers over the hotel and related assets, and attempting to replace directors on the hotel's boards. The Duddy Group also sued the receivers, Ken Fennell and Andrew O'Leary of Interpath Ireland, seeking orders to stop them acting as receivers and to prevent any board changes.

2023-07-05 · Dublin

Lawyers for Qatari Royals say defamation action cannot be heard before Irish courts

Lawyers for Qatari royals and Maybourne Hotels argue that Irish courts lack jurisdiction to hear defamation claims brought by Irish businessman Ronnie Delany. Delany alleges letters published in Ireland defamed him and were part of a conspiracy. He seeks damages, declarations of defamation and conspiracy, and an injunction. Defendants, represented by Marcus Dowling SC and Stephen Byrne BL, file pre‑trial motions to strike the actions, claiming the claims should be heard in the UK or France. Delany, represented by Paul McGarry SC, counters, asserting the letters were sent to Irish recipients, including associate Paddy McKillen, and thus the case is proper in Ireland. The motions are before Mr Justice Conor Dignam, with the hearing expected to last several days. The case involves letters dated 13 April 2021 and claims of unlawful damage to reputation.

2023-07-04 · Dublin

Man secures injunction preventing eviction over alleged anti-social behaviour

In a High Court hearing on 4 July 2023, Mr Paul McGrath, a tenant at Mount Eagle Square, Sandyford, secured a temporary injunction preventing the Tuath Housing Association from evicting him over alleged anti‑social behaviour. McGrath, who has lived there for two years under a lease, claimed he was the victim of violent assault by several individuals in early June and that the landlord had given him only seven days to leave following a notice of termination alleging violent and threatening behaviour. He denied any anti‑social conduct and argued that the landlord had no grounds to terminate the lease. McGrath sought resolution through the Residential Tenancies Board (RTB) and obtained the injunction on an ex‑parte basis, which restrains the landlord and its agents from evicting or entering the premises pending the RTB's determination. The judge, Ms Justice Eileen Roberts, accepted the evidence presented and set a return date for later that month.

2023-07-04 · Dublin

Strong case Russian firm attempting to frustrate $406m judgement against it, judge finds

Ms Justice Eileen Roberts extended Mareva orders freezing the assets of Volga-Dnepr Logistics BV, finding a strong case that the Russian-owned logistics firm is attempting to move assets out of Europe to frustrate a US$406m judgement registered by BOC Aviation Limited. The High Court judge clarified the powers of receiver Declan Taite over the defendant's 68.7% shareholding in its Irish subsidiary, Volga-Dnepr (Ireland), which holds estimated US$236m in assets, including three Antonov cargo aircraft in Germany. BOC, represented by Bernard Dunleavy SC and Ross Aylward BL, secured these unopposed interim orders to prevent asset dissipation following a New York Court award against the defendant and its subsidiary for alleged breaches of leasing agreements. The judge noted that while the defendant may challenge Irish jurisdiction, no instructions have been given to bring such a motion. She declined to order specific disclosures from Irish subsidiary directors, deferring that decision until a receiver's report is received when the case returns later this month. The Volga-Dnepr group, with assets of approximately US$3.5bn, is alleged to be headed by Alexey Isaykin, a sanctioned Russian businessman. BOC claims post-invasion restructuring, including a US$126m dividend to a Luxembourg entity, was designed to place assets beyond reach. The matter remains pending the full hearing of BOC's claim.

2023-07-03 · Cork

RedFM presenter resolves High Court case against station

David 'Dave' Macardle, a long‑time presenter of the 'Dave Mac's Drive' programme on Cork's RedFm, has had his High Court action against the station resolved. The court heard that the proceedings had been settled and could be struck out, though no agreement details were disclosed. The dispute arose after RedFm demanded that Macardle stop presenting the show from Dublin three days a week and instead host it from its Cork studio all five weekdays. Macardle's lawyers had earlier secured a temporary injunction allowing him to continue the dual‑location arrangement. The station, represented by Brian Conroy BL, denied wrongdoing and had intended to oppose the action. The court noted that the parties had reached undertakings permitting Macardle to present two days a week from Cork and three days a week from Dublin, and that the station would not replace him or terminate his position pending the outcome of the case.

2023-06-30 · Roscommon

'You can do what you like, traitor': Strokestown eviction attacker to judge

Three men have been convicted at Dublin Circuit Criminal Court of offences arising from an armed attack on a repossessed farmhouse at Falsk, Strokestown, County Roscommon on 16 December 2018. Martin O'Toole, a 58-year-old farmer of Stripe, Irishtown, Claremorris, County Mayo; PJ Sweeney, a 44-year-old builder of High Cairn, Ramelton, County Donegal; and Paul Beirne, a 56-year-old cattle farmer of Croghan, Boyle, were found guilty of 15 charges including aggravated burglary, violent disorder, criminal damage, false imprisonment and assault causing harm. All three were also convicted of three counts of arson relating to vehicles and causing unnecessary suffering to an animal. A fourth defendant, David Lawlor, was acquitted. The court heard approximately 30 armed men breached the property following its repossession by KBC Bank. Four security personnel sustained injuries during the incident. Judge Martina Baxter adjourned sentencing to 28 July.

2023-06-29 · Sligo

Extradition to Scotland refused on humanitarian grounds after judge notes severe prison overcrowding

A High Court judge has refused to extradite a man to Scotland on humanitarian grounds, citing severe prison overcrowding and inadequate mental health provision. Mr Justice Paul McDermott found that surrendering Richard Sharples, aged 24, from Dromore West, County Sligo, would expose him to a real and substantial risk of inhuman or degrading treatment. Mr Sharples is wanted by Glasgow Sheriff Court under a European arrest warrant for offences allegedly committed in September 2021, including a firearms offence and serious assault causing injury and endangerment of life. The judge noted that Barlinnie prison operates at 132 per cent capacity, with prisoners confined to cells for 22 hours daily in less than three square metres of space. He found that Scottish prison authorities failed to provide specific assurances regarding care for Mr Sharples' diagnosed conditions, including ADHD, anxiety, depression, insomnia, and Asperger's syndrome. The court heard evidence from a psychiatrist identifying specific support measures necessary in a prison setting.

2023-06-29 · Limerick

Mother used Google to diagnose boy's condition before doctors, court hears as negligence claim is settled

In a High Court settlement, a mother used Google to diagnose her six‑year‑old son, Padraic O'Callaghan, with Kawasaki disease before doctors did, leading to a claim of medical negligence against the HSE. Padraic, from Kilmeedy, Co. Limerick, was first admitted to University Hospital Limerick in November 2016 at six weeks old with cough, vomiting and fever. He was discharged twice with a diagnosis of viral respiratory infection, then readmitted when a rash appeared. After further tests, doctors suspected viral meningitis but did not diagnose Kawasaki disease until weeks later, when the mother's online research prompted a discussion. The delayed diagnosis allegedly caused life‑changing complications, including severe cardiac issues, a high risk of brain bleed, and lifelong blood‑thinning medication. The court approved an interim payment of €570,000 as part of the settlement, with no admission of liability, and the case will return in five years.

2023-06-27 · Dublin

Housing charity to renew contempt application over occupation of Dublin property

Cabhrú Housing Association, which provides housing for older people, will renew a High Court application to obtain orders for the attachment and committal of those unlawfully occupying its property at James McSweeney House, Berkeley Street, Dublin 7. The charity says the building was taken over last month by unknown persons it believes belong to the Revolutionary Housing League, an organisation that has previously occupied other Dublin properties. Cabhrú had earlier secured a High Court order directing the occupants to vacate, but the judge refused to order Gardaí to arrest the occupants due to insufficient evidence of their identities and a lack of proof that all occupants had been notified of the vacate order. The charity has since attempted to identify the occupants, distributing the court order in six languages and monitoring entries and exits.

2023-06-27 · Cork

Judge's order that campaigner not engage in behaviour offensive to anyone is quashed

The High Court has quashed a condition imposed on Fiona O'Leary, a campaigner against pseudoscience, following the resolution of her judicial review proceedings against the Director of Public Prosecutions. In January, at Bandon District Court, Judge James McNulty sentenced Mrs O'Leary to 60 days imprisonment, suspended for two years, after she pleaded guilty to an offence contrary to Section 13 of the 1994 Criminal Justice Act (Public Order) Act. She was charged with trespassing on a property at the Priory, Maulatanvally, Reenscreena Rosscarbery, Cork, in a manner likely to cause fear. The prosecution case relied on a statement from Fr Giacomo Ballini and alleged that Mrs O'Leary uploaded video footage of the premises to social media. As part of the sentence, the judge imposed conditions requiring her to keep the peace and refrain from engaging in abusive or offensive behaviour in any public place or forum, including social media, for the two-year suspension period. Mrs O'Leary, represented by Bernard Condon SC and Conor McKenna BL, challenged this condition in the High Court, arguing it breached her right to freedom of expression. On Tuesday, Mr Justice Charles Meenan was informed that the action had resolved and the DPP consented to an order quashing the specific condition. Mrs O'Leary stated that she requires social media access for her activism against misinformation, while maintaining she does not intend to be abusive.

2023-06-27 · Ireland

Painter says he was injured on set of Disney's 'Disenchanted' before being moved and sacked

A scenery painter, David Brady, claims he was injured on the set of Disney's 'Disenchanted' and that his former employer, Metropolitan Films International Ltd, transferred him to another production to avoid liability before sacking him. Brady says he worked only an hour for Moonhaven S1 Productions DAC before being dismissed on 23 August 2021, after a knee injury on the 'Disenchanted' set. He alleges the construction manager moved him to the prop department, then sent him off the site without explanation. Brady also contends he was offered a resignation text in September 2021, which he denied, and that he never verbally agreed to resign. The Irish Film Workers' Association accuses IBEC of "chicanery" and claims breaches of employment rights, including unpaid wages and holiday entitlements. The case is being heard by the Workplace Relations Commission, with a decision expected in the autumn.

2023-06-23 · Cavan

Court makes orders preventing Gemma O'Doherty from harassing mum of teen who died by suicide

The High Court has granted orders preventing Gemma O'Doherty from harassing Edel Campbell, the mother of Diego Gilsenan, a teenager who died by suicide. The orders were issued by Mr Justice Conor Dignam following a hearing on Friday evening. Edel Campbell alleges that Ms O'Doherty has engaged in a campaign of harassment, including the unauthorized use of images of her late son in an article linking unexplained deaths to the Covid-19 vaccination. The court has ordered Ms O'Doherty to refrain from harassing Ms Campbell, publishing images of her or her late son, or sharing personal and confidential information about them. She is also prohibited from encouraging others to intimidate the plaintiff. The court has required Ms O'Doherty to remove any images of Ms Campbell or her son from her media. These orders will remain in place pending the final outcome of the ongoing legal action. Ms O'Doherty was not present in court, and no representations were made on her behalf. In emails to the plaintiff's lawyers, Ms O'Doherty denied the allegations and stated she was on holiday and had received insufficient notice of the hearing. The case, which involves complex legal issues including freedom of speech, will return to court at a later date. The action was launched by Ms Campbell, represented by David Kennedy SC and Paul Comiskey O'Keeffe BL, with Ciaran Mulholland as the solicitor.

2023-06-21 · Ireland

Judge tells teen rape victim that case will help others 'realise they are not alone'

In a High Court hearing, Ms Justice Karen O'Connor addressed a 17‑year‑old rape victim who had been assaulted at a party in 2018. The victim, now 26, read her impact statement, describing how she fell asleep in a bedroom, was later raped by a man who had previously assaulted her, and how the defendant denied responsibility. The defendant, a 26‑year‑old convicted sex offender with six prior convictions, pleaded guilty to the rape and received a five‑month sentence, later reduced to 120 hours of community service. The judge encouraged the victim to speak out, saying her testimony could help others realise they are not alone, and wished her well as she seeks to resume her studies. The case was adjourned to 29 June for finalisation, with the defendant remanded in custody until that date.

2023-06-21 · Dublin

Darren Gilligan consents to Spanish extradition on international drug trafficking charges

Darren Gilligan, 47, son of convicted drug dealer John Gilligan, has agreed to surrender to Spanish authorities after a High Court hearing. He faces up to four years' imprisonment in Spain for alleged trafficking of cannabis, sleeping pills and participation in a criminal organisation. The European Arrest Warrant, issued by Murcia police, accuses him of shipping hashish, cannabis and unlicensed sleeping tablets (Datolan, Zoplicone, Limovan) to Ireland via parcel services, and of sending packages of cannabis and sleeping pills from various Spanish post offices in late 2020. Spanish investigators also seized marijuana buds and a vacuum‑packaging machine at a Spanish address linked to Gilligan. At the High Court, Gilligan confirmed his decision to surrender after legal advice, and the judge set an extradition date within 20 days, with Gilligan remaining on bail until departure. The High Court had previously granted him bail despite Garda objections. The case remains at the extradition stage.

2023-06-20 · Dublin

'Revolutionary Housing League' illegally occupying Dublin property, charity now believes

The Cabhrú Housing Association, which owns a building at James McSweeney House, Berkeley Street, Dublin 7, claims it has been illegally occupied by a group calling itself the "Revolutionary Housing League" (RHL). The charity says the occupants, who entered the property last month, are not homeless refugees but members of RHL, and that they have barricaded themselves inside. Cabhrú has sought to repossess the building, which it plans to demolish and replace with a 35‑unit complex for older people. A High Court judge refused to order Gardai to arrest the occupants, citing a lack of evidence about their identities and that the injunction to vacate had not been complied with. The judge allowed Cabhrú to renew its application for attachment and committal of the occupants at a later date. Cabhrú has secured the premises, cut utilities, and engaged a security company, but the occupants have tampered with the electrical supply and fire alarm system.

2023-06-20 · Cavan

Mum of teen who died tragically claims alleged harassment 'exponentially worse' since case taken against Gemma O'Doherty

Edel Campbell from Kingscourt, County Cavan, brought proceedings before the High Court alleging that she has experienced intensified online harassment and intimidation following her legal action against Gemma O'Doherty. Ms Campbell claims that Ms O'Doherty, described as a journalist and publisher of The Irish Light newspaper and associated website, has defamed her and directed abuse at her legal representatives. The dispute centres on Ms O'Doherty's alleged use of images of Ms Campbell's late son, Diego Gilsenan, who died in August 2021, in articles Ms Campbell contends contained false claims. Ms Campbell sought injunctions restraining Ms O'Doherty from publishing material about her or her son, and from harassment. Justice Brian O'Moore granted permission on an ex-parte basis to serve short notice of the proceedings. Ms Campbell has also filed a complaint with An Garda Síochána. The matter was adjourned for return to the High Court later that month.

2023-06-19 · Limerick

Couple claim Supermac's founder is trying to 'destroy their business'

In a High Court application, John and Mary Lyons, who run 'The Hungry Lyons' fast‑food restaurant on Limerick's Ennis Road, allege that Supermac's founder Pat McDonagh is attempting to destroy their business. The couple claim that the premises, owned by Supermacs Ireland Ltd, is leased to them under a 20‑year agreement secured in 2018 that includes a non‑compete clause preventing the landlord from assigning or sub‑letting the adjoining Funworld property to any fast‑food operator. They contend that Supermac's and Mr McDonagh have breached this clause by installing cooking and storage facilities at Funworld and selling fast food from there, including advertising children's birthday parties with Supermac's food. The Lyons seek injunctions to stop the defendants from selling fast food and from letting the property to other fast‑food operators, pending the full hearing. The defendants deny any breach of the lease or planning regulations.

2023-06-19 · Ireland

'Behind the scenes talks' in garda rostering row

In a High Court hearing on 19 June 2023, Mr Justice Brian O'Moore heard that "behind‑the‑scenes talks" were underway between the Association of Garda Sergeants and Inspectors (AGSI) and the Garda Commissioner to resolve a dispute over new rostering arrangements. The AGSI, representing 2,500 members, has initiated proceedings because it believes the Commissioner's proposals, which would replace the 2012 Working Time Agreement (WTA) that had been in place since the 2010 Public Sector Agreement, would adversely affect members' health, safety and family lives. The AGSI seeks an injunction preventing the Commissioner from unilaterally imposing a new roster, orders to stop extending the pandemic‑era contingency roster, and a requirement that all internal Garda dispute‑resolution procedures be exhausted before involving the Workplace Relations Commission. The Commissioner, represented by Mark Connaughton SC, wants the case heard promptly and has opposed the application.

2023-06-15 · Roscommon

Death of Peter Pringle sees end of damages claim against State

The High Court struck out legal actions against the State brought by the late Peter Pringle following his death in January. Mr Pringle, of Glenicmurrin Costelloe, Co Galway, was originally convicted at the Special Criminal Court in 1981 of the murders of Gardai John Morley and Henry Byrne during a 1980 bank robbery in Ballaghadreen, Co Roscommon. He was sentenced to death, later commuted to 40 years, and served 14 years and 10 months before his convictions were quashed in 1995 as unsafe. Counsel for the applicant, Mr Pringle Paul Carroll SC, instructed by Siuna Bartels, stated that no family member wished to continue the proceedings, which included a damages claim alleging state negligence and constitutional breaches regarding undisclosed evidence. The State, represented by Robert Barron SC, did not object to the strike-out. Mr Justice Rory Mulcahy agreed to strike out the cases, noting that costs orders previously made in Mr Pringle's favour by the Court of Appeal would remain in place. The matter was brought to a finality, ending proceedings that had been remitted to the High Court for fresh consideration after the Court of Appeal set aside a 2019 dismissal based on delay.

2023-06-14 · Dublin

Judge refuses arrest orders for 'unknown persons' barricaded at charity's property

In a Dublin case, Mr Justice Rory Mulcahy declined to issue arrest orders for the unknown occupants who have barricaded themselves in a Cabhru Housing Association property at James McSweeney House, Berkeley Street, Dublin 7. The judge had earlier granted an injunction preventing the occupants, believed to be seeking international protection, from trespassing on the building, which Cabhru intends to convert into housing for the elderly. The injunction was not being complied with, but the judge said he could not order arrest or committal without evidence of the occupants' identities and proper service of the proceedings. Cabhru has requested that the court consider attachment and committal of those in contempt at a later date. The matter will return to court next week. Cabhru has secured the property, disconnected utilities, and engaged a security company, but the occupants remain inside, delaying the charity's redevelopment plans.

2023-06-12 · Louth

IRA murderer Duffy being considered for parole as NI seeks his extradition

Robert Duffy, 50, was convicted in 1996 of murdering John Gibson in Belfast in 1993 and sentenced to life imprisonment. He was released after four years under the Good Friday Agreement (GFA) in July 2000. In March 2007 he attempted to murder Colin O'Neill at the Emerald Bar in Dundalk by firing a shotgun into O'Neill's face at point‑blank range, for which he was again sentenced to life imprisonment after pleading guilty. The High Court heard that Duffy is now being considered for parole in this jurisdiction, while Northern Irish authorities seek his extradition to serve a life sentence for breaching the GFA release terms by attempting the murder. Ms Justice Caroline Biggs heard that Duffy has engaged well with probation services, is a trusted prisoner, is considered at a moderate to low risk of re‑offending, and no longer affiliates with any paramilitary organisation.

2023-06-09 · Dublin

Aircraft leasing giant BOC gets $406m freezing order against Russian-owned firm

In a High Court hearing on 9 June 2023, Mr Justice Brian O'Moore granted BOC Aviation Limited a temporary freezing order, preventing the Dutch‑registered Volga‑Dnepr Logistics BV from reducing or moving assets below US$406 million. The order, an ex‑parte Mareva order, also appointed a receiver over the defendant's 68.7 % shareholding in its Irish subsidiary, Volga‑Dnepr (Ireland). The receiver, Declan Taite, was authorised to protect assets estimated at US$236 million, including three Antonov cargo aircraft in Leipzig, engines and bank accounts in Dublin, London and Frankfurt. BOC, represented by Bernard Dunleavy SC and Ross Aylward BL, sought the orders to secure assets after a New York court awarded BOC US$406 million in damages last April. The judge declined to order disclosure of the defendant's income or liabilities, noting it was impractical at this stage.

2023-06-08 · Dublin

Liquidators seek orders to show they control Russian firms in €4.1bn liquidation

The High Court heard that the joint liquidators of GTLK Europe DAC and GTLK Europe Capital DAC, two Russian state‑owned leasing firms, seek orders recognising that they, not any Russian entities, have effective control over the companies during the €4.11 billion liquidation. The liquidators, Damien Murran and Julian Moroney of Teneo Restructuring Ireland, were appointed after the firms' examinership application was dismissed. The liquidation, the largest in Irish history, was triggered by sanctions imposed on Russian entities following the Ukraine invasion. The liquidators must obtain permission from the Central Bank of Ireland to carry out transactions involving the firms, and have requested a hearing to secure orders and declarations of control. The court noted that the firms' computer server crashed after the liquidators were appointed, complicating access to books and records. The judge set a timetable for document exchange and adjourned the matter for two weeks, hoping to fix a hearing date.

2023-05-31 · Dublin

'Utterly bitter': restaurant group founder had car seized outside Labour Court, WRC hears

The founder of a Dublin restaurant group, Padraic Hanley, had his car seized outside the Labour Court by the new management while he was inside pursuing an appeal against his dismissal, according to the Workplace Relations Commission (WRC). A barrister representing one of Hanley's sons argued that the confiscation highlighted the "utterly bitter" nature of the dispute. The tribunal noted the failure of negotiations aimed at resolving the three-year legal dispute between the Hanley family and the new owners of PBR Restaurants Ltd, who acquired the firm during its examinership in 2019. The WRC found defects in the redundancy processes and ruled the dismissals of David and Philip Hanley as unfair, awarding them €50,000. Padraic Hanley's claim was dismissed as he was not an employee prior to the examinership. Stephen Hanley, the middle brother, claimed that the redundancy process used outdated trading figures and that a proposed role paying €14 an hour would not be viable after tax.

2023-05-29 · Meath

Convicted killer arrested here after absconding from NI

A man convicted of murder in Northern Ireland was arrested in the State on an extradition warrant following his disappearance from custody seven months earlier. James Meehan, aged 53, with addresses in Derry city and Kells, Co Meath, was sentenced to life imprisonment in 2009 for the murder of a man in Derry in 2007. He had absconded while on home leave in October 2022 and was declared unlawfully at large by the Northern Ireland Prison Service. Gardaí arrested Meehan by arrangement at a garda station in Dublin this morning. At the High Court, his defence counsel submitted that he had moved to live with his brother in Kells to work and had notified the Department of Justice of his whereabouts in December. The judge noted Meehan was living openly and had engaged with authorities. Bail was granted on condition of a €2,000 deposit, daily signing-on, provision of a mobile phone number to gardaí, and surrender of any travel documents. He was remanded to appear again on 12 June.

2023-05-25 · Dublin

RedFM presenter gets injunction allowing him to continue presenting show

David 'Dave' Macardle, presenter of the 'Dave Mac's Drive' programme on Cork radio station RedFM, obtained a temporary High Court injunction allowing him to continue broadcasting from Dublin three days a week. The dispute arose after the station's new management demanded that he host the show from the Cork studio on all five weekdays, contrary to his contract which had permitted two days from Cork and three days from Dublin for the past 21 months. Macardle argued that the station's refusal to honour the agreed arrangement breached his employment contract and threatened his reputation if another colleague were to take over. The injunction covers the broadcasts on May 25 and May 26, with the case scheduled for a further hearing next Monday. The judge noted that only Macardle's side had been heard in the proceedings.

2023-05-24 · Wicklow

Number of international protection applicants seeking accommodation falls over 50%

In a High Court hearing, Mr Justice Charles Meenan noted that community protests had prevented the State from allocating over 335 beds to international protection applicants. He observed that the number of applicants seeking accommodation had fallen from about 500 to 217 in recent weeks. The judge urged the State to accommodate those remaining who were "unable to do so" because of protests at two facilities. He referenced a prior ruling that the Minister for Integration had failed to provide "material reception conditions" for a homeless Afghan asylum seeker, violating EU regulations. The court was updated that the Department of Children, Equality, Disability, Integration and Youth had secured additional places, including 280 at Citywest Transit Hub and Kilbride, and was working on projects to add 1,200 beds. Approximately 1,000 previously unaccommodated asylum seekers had now been offered places, reducing the unaccommodated number to 217.

2023-05-23 · Galway

'Most difficult and complicated' dispute over farmer's will worth millions is settled

A High Court dispute over the estate of the late Galway farmer Margaret Hernon, valued between €2.5m and €9m, was settled. The parties agreed that half of the estate will go to Peter O'Toole, the main beneficiary of a 2006 will, and the other half will be divided among more than 40 children of Mrs Hernon's first cousins. Mr Agustus 'Gus' Kelehan, one of those cousins, had challenged the 2006 will's validity and sought it set aside. The estate includes a farmhouse at Barnacranny, 13 acres of farmland, lands in Athenry, and cash. The settlement also confirmed that the 2006 will will not be formally proven, that the estate will be administered by the parties' solicitors, and that legal costs will be borne by the estate. The judge praised the parties for resolving the dispute without a court decision on the will's validity.

2023-05-23 · Ireland

Disabled Drivers appeal board has no members since October 2021, High Court hears

The High Court heard a judicial review case brought by a young woman with severe intellectual and mobility impairments, who was denied access to a State scheme that funds vehicle adaptations for disabled drivers. She claims her appeal was not processed because the Disabled Drivers Medical Board of Appeal has had no members since all five resigned in October 2021, and the Ministers for Finance and Transport have not appointed replacements. The woman's family had previously applied for a medical certificate to enable her to use an adapted car, but the application was refused and an appeal lodged. The board apologized, citing reasons beyond its control, and directed the applicant to address the matter to the Ministers, giving no timeframe.

2023-05-23 · Dublin

'A pain a child should never feel': judge pays tribute to three victims for coming forward about abuse

In a High Court hearing, Mr Justice Paul Burns sentenced Trevor Richardson, 49, to twelve years' imprisonment with the final two years suspended, after a jury found him guilty of 56 counts of sexual assault, including one oral rape, committed between 2000 and 2014. Richardson, who had been a father‑figure to two of the victims, was in a relationship with the mother of two of the girls. The victims, who waived anonymity, described abuse that involved touching genital areas, digital penetration, and forced oral sex. One victim recalled being forced to perform oral sex at age seven or eight and later describing a life of self‑harm and anxiety. The judge noted Richardson's lack of prior convictions, good work history, and alcohol abuse as mitigating factors, and ordered him to be supervised by Probation Services for three years after release. The case highlighted prolonged abuse and a breach of trust.

2023-05-22 · Dublin

Voice identification of Strokestown eviction accused unreliable, defence say

David Lawlor, Patrick J Sweeney, Martin O'Toole, and Paul Beirne are on trial at Dublin Circuit Criminal Court, having pleaded not guilty to 17 counts each, including false imprisonment, assault causing harm, aggravated burglary, arson, criminal damage, violent disorder, robbery, and causing unnecessary suffering to an animal. The charges relate to an alleged early morning attack on security guards at a repossessed farmhouse in Falsk, Co Roscommon, in December 2018. On day 41 of the trial, defence counsel Seamus Clarke SC argued that the prosecution's case against Mr Lawlor relies solely on circumstantial evidence, which he described as insufficient to meet the burden of proof. Clarke specifically challenged the reliability of voice identification evidence provided by alleged victim Ian Gordon, noting that the recognition was based on only nine words spoken during a chaotic, noisy assault. The defence highlighted inconsistencies in Gordon's testimony, including unverified claims about previous interactions and licensing issues with his security company, suggesting potential credibility problems. Additionally, Clarke contended that mobile phone data and CCTV footage did not conclusively place Mr Lawlor at the scene, as the vehicle's brake lights differed from those in the footage. The defence urged the jury to consider reasonable doubt regarding Mr Lawlor's presence and involvement in the alleged joint enterprise. The trial continues.