Independent Senator Gerard Craughwell, the applicant, brought proceedings against the Government of Ireland, Ireland, and the Attorney General, alleging a 'secret arrangement' allows the Royal Air Force to intercept aircraft in Irish airspace. He claims this purported agreement is unconstitutional, unlawful, and was never approved by the Dáil or a referendum. The State, which neither confirms nor denies the existence of the alleged arrangement, filed a defence denying any improper or unconstitutional conduct. The State brought a pre-trial motion arguing that matters of external relations and security are not justiciable and cannot be reviewed by the courts. Senator Craughwell's legal team opposed the motion, asserting the case is urgent and of public importance. The matter was heard before Ms Justice Eileen Roberts at the High Court, where counsel for the respondents estimated the hearing would take two days. Ms Justice Roberts stated she was not in a position to fix a hearing date for the motion and adjourned the matter to a date in June. The case remains at the pre-trial motion stage, with a hearing date to be fixed when the matter returns before the court.
In a High Court decision on 19 May 2023, Mr Enoch Burke, an evangelical Christian teacher at Wilson's Hospital secondary school, was found to have been lawfully suspended. The judge, Mr Justice Alexander Owens, upheld the school's disciplinary action, citing Burke's public objections to a school request to use a different name and pronoun for a student who allegedly wished to transition. The court deemed the suspension rational and reasonable, and rejected Burke's claim that the process was procedurally flawed. Burke was also ordered to pay €15,000 in damages for trespassing on the school campus, in addition to a daily €700 fine imposed earlier for breaching court orders to stay away. The judge ruled that a suspended employee cannot return to the workplace unless the employer accepts the employee's resumption, and dismissed Burke's counterclaim. The school's board subsequently decided to dismiss Burke, a decision he has appealed.
In a High Court pre‑trial motion, Mr Justice John Jordan ruled that Garda Keith Harrison is entitled to receive 16 documents that the Gardaí and the State had claimed were withheld on public‑interest grounds. The documents include screen printouts from the Garda Pulse system, which Harrison seeks as part of his personal‑injuries claim against the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General. The judge held that Harrison was not entitled to 72 other documents, such as correspondence between the DPP, State Solicitors and the Gardai, because they were protected by legal‑professional, litigation or public‑interest privilege. Harrison, who has been suspended from duty since 2021, is pursuing damages for alleged negligence, breach of duty, bullying, harassment and emotional suffering during his employment. The High Court had previously directed the defendants to provide documents mainly from 2008 to 2014, but almost 90 documents were withheld on privilege grounds.
The widow of a 45‑year‑old man from County Meath who died in May 2017 after an elective cancer treatment at St Vincents Hospital in Dublin has settled High Court claims alleging negligence. Susan Lundy sued the hospital for nervous shock she suffered and for the fatal injuries her husband, Sean Lundy, allegedly sustained while a patient. She claimed the hospital's care fell far below the standard that should have been provided, leading to his death. The hospital denied all allegations. The settlement, reached without an admission of liability, includes a statutory solatium of €35,000 approved by the High Court for the mental distress of the family and the couple's three minor children. The court noted that Mr Lundy underwent a Whipple procedure, became ill, was moved from intensive care after two days, was fed orally in a lower unit, and subsequently developed severe respiratory problems before dying on 15 May 2017. The settlement terms remain confidential.
A trade union representing film workers has accused top producers Morgan O'Sullivan and the late James Flynn of systematically breaching employment law and attempting to 'fleece' workers of their wages. The Irish Film Workers' Association (IFWA) claims that its campaign against 'systematic blacklisting' in the Irish film industry led to 39 members losing jobs with Metropolitan Film Productions Ltd and World 2000 Entertainment Ltd, where O'Sullivan and Flynn were principal directors. The companies argue that designated activity companies and special-purpose vehicles set up for tax relief on film and TV productions in Ireland were not a circumvention of employment rights. IFWA representatives claim that a collective agreement was signed in 2015, which included a 12.5% pay cut and a waiver of travel allowances, but the companies unilaterally withdrew from the deal.
A High Court jury awarded €505,000 in damages to Michael Sheehan, a 62-year-old former League of Ireland and GAA player, after finding he was assaulted by An Garda Síochána. The civil action, heard before Mr Justice Alexander Owens, alleged that Sheehan was pepper-sprayed and manhandled during an arrest in Athlone on June 3, 2012. The defendants, including the Garda Commissioner and the State, denied the claims of assault and false imprisonment, arguing the response was proportionate to a public order incident. The jury found that gardai used excessive and unreasonable force, assaulting Sheehan in a police vehicle and at Athlone Garda barracks. Sheehan was subsequently acquitted of Public Order Act offences in a separate criminal proceeding. The court awarded Sheehan his legal costs against the State. Mr Justice Owens placed a stay on the damages order pending a potential appeal to the Court of Appeal, conditional on the defendants immediately paying €75,000 to the applicant. The judge also exempted the jury from further duty for ten years.
The High Court heard that an Instagram account alleged to have posted defamatory and altered sexualised images to extort a third-level student has been disabled by Meta Platforms Ireland Limited. The student, represented by John Temple BL, sought an injunction against Meta, which owns Instagram. Mr Justice Brian O'Moore granted permission to serve notice of the application. Meta's lawyers informed the court that following an investigation into the student's complaint, the account was found to be compromised and operated by an unnamed third party. Although the account was temporarily suspended and later cleared during a "checkpoint," Meta ultimately deemed it appropriate to disable the account. Meta stated it must be placed on notice of specific unlawful content to take action. The student claims the account holder sent his image alongside non-consensual genitalia to his contacts and demanded payment, threatening to "ruin your life" and "make your life miserable" if he did not comply. The student did not pay and reported the matter to the Gardaí. He alleges Meta initially stated the posts did not breach Instagram's Community Guidelines. Counsel accepted Meta's response reduced the urgency of the action but requested an adjournment to allow the client to consider the response. Mr Justice O'Moore consented to adjourn the proceedings for one week. The matter was adjourned.
Thirteen years after Quinn Insurance DAC was placed into administration at a cost of €1 billion to the State, the High Court formally wound it up. Mr Justice Conor Dignam appointed Damien Harper, a chartered accountant and insolvency expert, as liquidator. The insurer's sole creditor was the Insurance Compensation Fund, the State fund that pays policy holders when an insurer is liquidated. The company, founded by bankrupt billionaire Sean Quinn, had been under administration since 2010 and had no assets or viable debt to the ICF. All of its business, including the sale of its insurance arm to Liberty Insurance in 2011, had been dealt with and any value realised. The final outstanding matter was a High Court action alleging negligence against PwC, which was settled the previous year. Mr Justice Dignam made the winding‑up order after confirming all parties had been notified and no objections were raised.
Brian Murphy, a former senior audit partner at Deloitte, lost his appeal against a High Court ruling that he could be criminally prosecuted for alleged tax offences. The High Court had ruled in May 2022 that Murphy could be prosecuted following a summons issued by the Director of Public Prosecutions (DPP) in February 2014 over a VAT refund claim for a company he directed, and a further summons in October 2015 concerning alleged tax return offences between 2008 and 2012. Murphy denied wrongdoing and argued that a settlement agreement reached with Revenue in August 2015, which required monthly payments of €4,000 and annual lump‑sum payments of €20,000 to €75,000, created a legitimate expectation that he would not be prosecuted. The High Court judge, Mr Justice Garrett Simons, found that the agreement did not contain any representation that the DPP would not pursue criminal proceedings and dismissed Murphy's claim of a breach of legitimate expectation.
A third‑level student has asked the High Court to order Meta Platforms Ireland Limited to remove "fake and defamatory" material posted by an Instagram account holder who allegedly blackmailed him. The student, who cannot be identified, says the account sent him a message containing a photo of him with another man's genitals and threatened to release "nudes" to his Instagram and Snapchat contacts unless he paid. After blocking the account, the student recovered copies of the images that had been sent to his college contacts. He claims he reported the matter to Meta and the Gardai, but Meta replied that the posts did not breach its Community Guidelines and took no action. The student seeks an injunction restraining Meta from publishing further statements about him.
Two Irish‑registered Russian state‑owned leasing companies, GTLK Europe DAC and GTLK Europe Capital DAC, are fighting a High Court application to be wound up, which would be the largest liquidation in Irish history. Creditors, including Trinity Investments DAC, Allestor Europe Multi Asset Portfolio, Ben Oldman Special Situations Fund LP and Sona Credit Master Fund Limited, have petitioned for liquidation on the basis that the firms are insolvent and cannot pay debts of about €162.5 million. They argue that sanctions imposed after Russia's invasion of Ukraine have devastated the group, leading to lease terminations, asset freezes and defaults on refinancing agreements. The companies, which lease ships and aircraft worldwide, have requested that the court adjourn the hearing to allow them to file a formal application to pause the petition. The case is set to be heard later this month, with the court noting the legal complexities and the need to address sanctions if liquidation proceeds.
Fingal County Council obtained a temporary High Court injunction under the 1996 Waste Management Act to stop Cloughwater Plastics Ireland Limited, trading as Van Werven Ireland, and its directors Shane Woods and Ton Van Der Giessen from accepting any further waste at their plastic recycling facility in Rosemount Business Park, Dublin 11. The council argued that the facility was storing excess waste that could cause environmental pollution and fire hazards, and that the operators had failed to comply with permit conditions, including providing a Closure Restoration and Aftercare Management Plan and insurance details. The injunction was granted ex‑parte by Justice Charles Meenan on Wednesday, with the case adjourned to a later date in the month. The respondents were allowed to apply to have the order lifted or varied, and the council retained the right to seek a variation before the court. The order requires the respondents to cease accepting waste immediately.
Former US President Donald Trump has been invited by the Irish environmental group Friends of the Irish Environment (FIE) to attend a High Court case concerning alleged sand trap fencing at his resort in Doonbeg, Co Clare. FIE has brought proceedings against the Trump International Golf Links & Hotel for constructing a fence at the base of the dunes using large wooden pallets and nylon mesh. The fence was removed after a warning letter from Clare County Council and a case under Section 160 of the Planning Acts, but FIE claims a network of fences remains along the top of the dunes and seeks court‑ordered removal. FIE's Director Tony Lowes wrote to Trump urging him to stay in Ireland until 15 May, when the case is due before the Irish High Court, and to attend the hearing in Dublin's Four Courts to learn about environmental concerns and conservation.
The State has appealed a High Court ruling that quashed a District Court judge's refusal to hear cases against three individuals accused of breaching publication restrictions under the Children Act 2001. The accused, Edel Doherty, Kyle Rooney, and Declan Corcoran, are alleged to have posted photos or named the teenage boys convicted of murdering Ana Kriegel in 2018. In July last year, Ms Justice Siobhán Phelan ordered the matter returned to the District Court for reconsideration, finding that Judge John Hughes' approach to jurisdiction was unfair. Today, at the Court of Appeal, the State argued that no breach of natural justice occurred and that the High Court erred in its decision. Counsel for the appellants contended that the cases were distinct, with Mr Corcoran accused of naming the boys, causing potentially more serious harm. The court noted that the Director of Public Prosecutions had consented to summary trials at the District Court level. The presiding judge, Mr Justice George Birmingham, reserved his judgment in the matter.
Darren Gilligan, 47, son of convicted drug dealer John Gilligan, was granted bail by the High Court on 2 May 2023 despite objections from the Gardaí and a pending extradition request from Spain for drug‑trafficking matters. The court heard that Detective Sergeant Adrian Murray had arrested Gilligan in west Dublin on 12 April, and that Gilligan had acknowledged the allegations when questioned. Gilligan had previously purchased tickets to Spain, where he was due to appear before a Spanish court on another matter. The bail conditions set by Judge Kerida Naidoo include a €500 surety, daily reporting to a Garda station, surrender of travel documents, prohibition from leaving the jurisdiction, and provision of a mobile phone number. Gilligan was remanded in custody with bail pending his extradition hearing on 21 June 2023. The judge noted the Gardaí's concerns but accepted the bail terms.
In a High Court application, property developer Greg Kavanagh seeks orders to prevent the sale of Wynnstay House, a derelict Dublin property valued at over €2m. Kavanagh, director of Greg Kavanagh Dev Co Ltd, claims an agreement from a settlement of a prior dispute entitles his company to purchase the house from its registered owner, Ballycrag Developments Limited, which is in receivership, and from Ms Anne O'Neill, who holds a charge. He alleges the agreement to buy is being reneged on and that the property has been listed for €2.25m. Kavanagh argues that a €200,000 deposit was paid in March, with a further €1.8m due within eight months, but disputes claims that the payment was late or that he was evading obligations. The court granted permission to serve notice of the injunction application and will consider the matter at a next‑week sitting.
In a decision on 28 April 2023, Mr Justice Paul Burns dismissed former Sunday Independent columnist Eoghan Harris's appeal against the Circuit Court's transfer of his defamation action against journalist Aoife Moore to the High Court. Harris had alleged that Moore's May 2021 tweet wrongly accused him of sending her sexualised messages on Twitter. Moore, along with journalist Allison Morris, had filed separate High Court claims that they were defamed by tweets from a Twitter account called "Barbara J. Pym," which Harris and others allegedly operated between 2020 and 2021. She claimed the tweets questioned her journalistic objectivity, accused her of partisan reporting for Sinn Féin, and used sexualised language. Harris denied these allegations. The judge ruled that both Harris's claim and Moore's counter‑claim should be tried together in the High Court, citing significant overlap and complexity, and ordered costs in favour of Moore while staying execution pending the cases' outcomes.
In a High Court hearing, Canadian businessman Louis Trudel, CEO of TTMG International SARL, alleged that Waterford‑based Carray Homes Unlimited and its director Darren Carroll committed fraud by misrepresenting progress on a €1.2 million loan used to build 25 houses and 6 apartments at Adamstown Kilmeaden. Trudel claimed the loans, repayable in 11 months at 30 % interest, were advanced in two tranches: €300,000 to demonstrate cash flow to Waterford County Council and €900,000 to purchase land. He said aerial photographs supplied by the defendants were falsified, and that a colleague's drone images proved the reports were misleading. Trudel has not seen any agreement with the council and seeks repayment of the loans. After partial payment of €50,000, the remaining €250,000 of the first tranche remains unpaid.
In a High Court hearing, a woman aged in her late 70s who claims she was a long‑term partner of a deceased man sought proper provision from his estate. She argued that she lacked mental capacity to instruct her lawyers, but the judge ruled she had the capacity to continue the proceedings. The court noted medical evidence of cognitive difficulties but found no proof that she could not understand the nature of the case. The woman, who was named a co‑executor but renounced that role to bring her action, claims entitlement under the 2010 Civil Partnership Act. She also pursued related actions to prevent her removal as a director of a company run by the deceased and to secure a right of residence. The judge adjourned the case, stating it would likely take many more days to resolve. The court declined to allow her lawyers to come off record in any of the three actions.
A High Court judicial review challenge against a proposed waste transfer station in East County Galway has been withdrawn because the planning permission for the development expired in January. The proceedings were brought by a group of local residents, including Fine Gael Senator Aisling Dolan, against Galway County Council's decision to grant a permit to Bruscar Bhearna Teoranta, trading as Barna Recycling. The applicants alleged that the council failed to carry out a screening for an Appropriate Assessment or determine if an Environmental Impact Assessment was required. They claimed the development, located at Poolboy in Ballinasloe, posed risks to the River Suck Callows, a designated Special Protection Area, and that the council did not properly consider EU Habitats directives regarding emissions. Counsel for the residents, Evan O'Donnell BL, informed the court that the case was now moot due to the permission's expiration. The presiding judge agreed to strike out the proceedings. The developers were a notice party to the action. This follows a history where a 2019 permit was quashed by the High Court and remitted for reconsideration; the council subsequently refused permission in 2020 before granting a new permit in March 2022, which was the subject of this withdrawn challenge.
In a High Court extradition case, Mr Justice Kerida Naidoo ruled that possession of images depicting sexual acts between an adult woman and a dog is not an offence under Irish law. The 72‑year‑old defendant, whose name is protected by court order, was to be extradited to the UK to face charges of possessing two photographs of bestiality and 15 charges of alleged indecent images of children. The judge agreed to surrender the man for the child‑image allegations but found no Irish offence corresponding to possession of extreme pornography. He rejected the State's argument that the images constituted offensive sexual conduct, noting that possession alone is not inherently sexual or offensive. The defendant remains in custody awaiting surrender to UK authorities, where he may be tried only for the child‑image allegations, not for the bestiality images. The case highlights the distinction between possession and other forms of sexual offence under Irish law.
In a High Court hearing, Chartered Accountant Ken Fennell, acting as receiver for the financial fund Promontoria (Aran) Limited, obtained orders to compel unknown occupants of four caravans to vacate Knocklofty House, a protected 18th‑century building outside Clonmel. The receiver claimed that the occupants had established an unsightly makeshift camp, grazing up to 20 ponies and leaving significant debris, including bricks, wooden planks, racing traps and children's toys, which he said posed danger to humans and animals. The court noted that the occupants had been served with legal documents and were fully aware of the proceedings, yet no representation was made on their behalf. With no opposition, the judge granted the injunction, allowing the receiver to pursue sale of the property. Fennell also alleged extensive interior damage to the house, though he could not identify the perpetrators or timing of the damage.
In a High Court challenge, 32‑year‑old South Korean tattoo artist Haeseo Yoon argues that the Minister for Enterprise, Trade and Employment erred by classifying the occupation of 'Tattoo Artist' as equivalent to 'Beauticians and related occupations', thereby excluding her from obtaining a work permit. Yoon, who has lived in Ireland since 2019 on a student visa and later a working holiday visa, has worked part‑time for Wildcat Ink Limited in Dublin and seeks a full‑time role. She applied for a general employment permit last year, but the Minister refused on the basis that tattoo artists are ineligible categories. Yoon claims the refusal was irrational, unreasonable and a legal error, and that the Minister failed to consider her submissions or explain the rejection. She requests the court to quash the refusal and remand the decision for reconsideration by another officer. Mr Justice Charles Meenan granted her permission to proceed, with the case scheduled to return in May.
Businessman Frank Gleeson secured a temporary High Court injunction preventing a receiver appointed by the UK financial fund Onate UK LLP from selling lands he owns in Mulhuddart, West County Dublin. Gleeson, represented by Keith Rooney BL of MacCarthy Johnston solicitors, argues that the receiver, Mr Colin Gaynor, has no right to sell or market the property, which was listed on the BidX1 online auction platform for a sale next month. Gleeson claims the receiver was appointed only to enforce a floating charge over Taleta Capital Limited's assets, not over the lands, and that he has a purchaser ready to pay Onate in full. The court granted the injunction, restraining Onate and Mr Gaynor from offering the property for sale via any platform or medium and preventing them from representing the sale to third parties without Gleeson's consent. The order remains until the case returns to court, with the matter adjourned for a week.
In a High Court extradition hearing, lawyers for Liam Patrick Daly, a 50‑year‑old Dublin‑born man living in Birmingham, argued that extraditing him to Germany for a drunken incident that occurred in Berlin in 1994 would be unjust and a breach of his human rights. The incident involved Daly entering a takeaway on February 18, 1994, brandishing a broken chair leg and attempting to strike a worker, who defended himself without injury. A German domestic warrant was issued in August 1994, followed by a European Arrest Warrant in March 1996. Daly was arrested and detained for three days in 1994, released with his passport, and later moved addresses, preventing service of an indictment. A UK extradition case in 2003 refused to surrender him, citing a nine‑year delay and the unavailability of the alleged victim and witness.
Two financial funds, Emerald Sky II DAC and Lotus Decalia DAC, and their receivers, Myles Kirby and John Healy, obtained a temporary High Court injunction to stop businessman Patrick 'Paddy' Byrne, who is alleged to be the owner and director of Victoria Homes Ltd and Victoria Homes Development Ltd, from publishing or distributing confidential financial information he claims to possess. The injunction was granted on an ex‑parte basis by Mr Justice Brian O'Moore and remains in force until the case returns later in the week. Byrne's email, sent on 14 April, alleges he has the entire Lotus loan book, including names, contact details and risk assessments, and threatens to release it to the media if the plaintiffs do not respond by a specified date. The plaintiffs, represented by Edward Murray BL, argue that Byrne is not entitled to publish or distribute such material and that the email constitutes a potential GDPR breach.
A married couple, whose identities are withheld for legal reasons, have filed a High Court challenge against the Adoption Authority of Ireland's refusal to formally recognise or register the adoption of their second daughter, who was adopted in a foreign jurisdiction. The couple first adopted a child abroad while living in Ireland; that child has since obtained Irish citizenship. For the second child, they moved to the country where the adoption took place, became habitually resident there, and completed a local adoption that was recognised in that country. After returning to Ireland several years ago, they have repeatedly applied to register the second adoption with the Irish Adoption Authority. The Authority has rejected their applications, citing failures to meet Irish legal requirements and lack of habitual residence at the time of adoption. The couple argues the refusal is unlawful, alleging misapplication of Irish and European law and violations of constitutional family rights and the European Convention on Human Rights.
The High Court heard that Knocklofty House, a protected 18th‑century landed house outside Clonmel, is being illegally occupied by unknown persons in four caravans and a makeshift camp. The occupants have set up a camp that includes up to 20 piebald ponies, chickens and dogs housed in wooden structures, and have left a significant amount of debris on the site. The camp is described as unsightly and potentially dangerous to humans and animals. Chartered Accountant Ken Fennell, acting as receiver for the property after a settlement with former owner Denis English, seeks court orders directing the unknown occupants to vacate and cease interfering with the property. Mr Justice Brian O'Moore granted Mr Fennell permission to serve notice to the occupants and the case is scheduled to return to court next week.
Sergeant Cathal Middleton, a Garda officer since 2002, has launched a High Court action to challenge his proposed dismissal from An Garda Síochána. The 42-year-old sergeant, who was found guilty of sexual assault at Blanchardstown District Court in October last year, claims the Garda Commissioner's decision to dismiss him before his criminal appeal is heard breaches fair procedures and natural justice. Middleton, who denied the charge, was sentenced to five months in prison following his conviction on one count of sexual assault. He alleges that the Commissioner acted outside their powers by recommending dismissal without a disciplinary hearing, despite an outstanding appeal. Represented by Mark Harty SC and Oisin Clarke BL, Middleton seeks orders to quash the dismissal recommendation and prevent further steps toward his removal. The case came before Mr Justice Charles Meenan, who granted permission for the challenge on an ex-parte basis. The matter was adjourned and will be mentioned before the court later this year.
In a High Court hearing, Mr Justice Alexander Owens considered a dispute between Wilson's Hospital School and evangelical teacher Enoch Burke over the school's decision to suspend and later dismiss him. Owens noted that even if procedural errors were found in the disciplinary process, he was reluctant to overturn the suspension because of Burke's alleged trespassing on school grounds. Burke, who was excluded from the courtroom, denied wrongdoing and claimed the disciplinary proceedings violated his rights, citing a school directive to use a different name and pronoun for a student. The judge rejected Burke's email criticisms, stating the teacher had been barred for contempt and would be allowed to re‑enter only after complying with the court's orders. Owens emphasized that the school's actions were justified by concerns over Burke's behaviour and potential safety risks. The case remains pending, with the school seeking further orders against the teacher.
The High Court heard evidence on the third day of an action brought by Wilson's Hospital School against Enoch Burke, who was dismissed for allegedly intimidating a colleague and breaching a student's confidence. The school seeks a permanent order directing Burke to stay away from the premises. Evidence from staff member Freda Malone and Deputy Principal John Galligan detailed Burke's conduct during board meetings and school events, including allegations that he shouted over colleagues and publicly opposed the school's direction to use a student's preferred name and pronouns. The court noted that following Burke's refusal to leave the school premises during his suspension, High Court injunction proceedings were brought, which ultimately resulted in Burke being jailed for contempt of court. Burke, who denies wrongdoing, has brought a counterclaim arguing the disciplinary proceedings were unlawful. He was excluded from the courtroom by Justice Alexander Owens for interrupting the proceedings and failing to comply with rulings regarding documents. The judge stated Burke could return if he undertook to comply with court rules. The matter is currently at the sentence stage regarding the injunction, with the broader case expected to conclude on Friday.
During Michael Scott's trial, the jury was not presented with evidence that Chrissie Treacy claimed Michael Scott was responsible for her dog Bradley's disappearance. In a pre‑trial hearing, prosecution counsel Dean Kelly SC informed the court that after Bradley vanished in February 2018, Treacy told the community that Scott had caused the dog's departure or death. The trial noted Bradley was a Jack Russell beloved by Treacy, who was deeply upset and required medication. Treacy had also told friend Regina Donohue that Scott asked her what it would be worth to recover the dog, a statement the judge ruled inadmissible as hearsay. Treacy had previously confided in consultant Declan McHugh that she feared for her life and the dog. The judge allowed witnesses to describe Treacy's demeanor but barred them from repeating her statements. On the first day of testimony, Donohue was insulted by Scott, who called her a "c**t" as she walked past him.
The High Court appeal hearing concerning teacher Enoch Burke and Wilson's Hospital School was adjourned from 9:30am to 11am on Wednesday due to uncertainty over whether Mr Burke had been notified of the earlier start time. Counsel for the school stated they had not communicated the specific time change, and Mr Burke was absent. The judge, Mr Justice Alexander Owens, previously ruled that Mr Burke was in contempt of court for interrupting proceedings and excluded him from the courtroom until he agreed to comply with court rules. Mr Burke declined to provide the required undertaking. The dispute centers on the school's claim that it was entitled to suspend Mr Burke following his objections to a student's transition, while Mr Burke alleges the suspension is unlawful and breaches his religious freedom rights. The judge rejected Mr Burke's claims that case documents had been tampered with, though he asked the school to clarify certain issues. The matter was adjourned to the standard 11am start time to allow for proper notification and attendance.
In a High Court appeal hearing, Mr Justice Alexander Owens excluded Enoch Burke from the courtroom after finding him in contempt of court for repeatedly interrupting proceedings. The dispute concerns Wilson's Hospital School's claim that it was entitled to suspend Burke following his objections to a school direction regarding a student's transition. Burke alleges the suspension is unlawful and breaches his religious freedom, while the school maintains the issue is unrelated to his beliefs. The judge dismissed Burke's claims that documents were tampered with, noting no formal application was made. Burke was directed to view proceedings via video-link and must provide an undertaking to comply with court rules before re-entering the room. He refused this condition, and his family left the courtroom. The school's counsel formally opened its case, detailing disciplinary actions arising from Burke's behavior during a religious service and his refusal to discuss the student direction. The hearing continues with witness evidence, and it remains unknown if Burke will return to the courtroom. This follows a Court of Appeal rejection of his appeal against injunctions, which he has since requested be overturned.
Eoghan Harris, a former Sunday Independent columnist, has appealed a Circuit Court ruling that transferred his defamation claim against journalist Aoife Moore to the High Court. Harris alleges that Moore defamed him in a May 2021 tweet accusing him of sending her sexualised messages. In response, Moore and fellow journalist Allison Morris have filed separate High Court actions claiming defamation over tweets from an account called "Barbara J. Pym," which they say was operated by Harris and others and portrayed them as partisan and sexualised. Harris's appeal, presented by Remy Farrell SC, argues that his claim should remain in the Circuit Court as a distinct matter, despite similarities with Moore's case. The judge has reserved judgment and will rule later. The case remains pending in the Circuit Court, with no decision yet on the transfer to the High Court.
The High Court will hear the full dispute between Enoch Burke and Wilson's Hospital School next week, with Mr Justice Alexander Owens presiding. The case, set to begin next Tuesday, is expected to last four days. Burke was suspended from the Co Westmeath secondary school last year and was subject to a High Court injunction that required him to stay away from the school while on administrative leave. He failed to comply, was found in contempt of court, and served 108 days in prison. After his release he continued to breach the injunction and has been fined €700 daily, exceeding €30,000. He was dismissed by the school following a disciplinary hearing, a decision now under appeal. Burke denies wrongdoing, claiming his suspension stems from his opposition to transgenderism and a school directive to use a different pronoun for a student.
A senior High Court judge, Mr Justice Charles Meenan, praised a new pre‑trial protocol aimed at reducing litigation against the HSE over the assessment of children with special needs. The protocol, which he described as a "sensible way to proceed", requires applicants to send a pre‑litigation letter to the HSE within seven weeks of a decision they wish to challenge, and the HSE must respond within 14 days. The letter must contain all relevant information about the child and the basis for the complaint. If the matter can be resolved, the HSE should state the proposed resolution in clear terms. Mr Justice Meenan has previously called for a system to curb the rising number of judicial review actions, noting a dramatic increase in cases, averaging seven to eight per week. He welcomed the protocol but clarified it is not a mandatory court rule.
A High Court case brought by a student with ADHD, ASD and anxiety, represented by her mother, challenged a secondary school's refusal to grant her an exemption from studying Irish. The student had applied for an exemption under the Department of Education Circular 'Exemption from the Study of Irish', but the school's board of management denied it, citing that she did not meet the criteria in place when the case began in late 2021. The student's mother argued that the denial deprived her daughter of an appropriate education and infringed her constitutional rights, citing the psychological impact of learning Irish. The action sought declarations that the circular unlawfully interfered with the student's rights and that the school's policy was irrational, unreasonable and unconstitutional. On 22 March 2023, Mr Justice Charles Meenan was informed that the case had been resolved in favour of the student following out‑of‑court talks, and the proceedings could be struck out.
The Association of Garda Sergeants and Inspectors (AGSI) has brought High Court proceedings against the Garda Commissioner to stop the unilateral imposition of a new rostering schedule for its 2,500 members. AGSI argues that the proposed roster, intended to replace the Covid‑19 contingency arrangement, would worsen members' health, safety and family life by reducing free days and increasing fatigue. The current Covid‑19 roster, which required four days on of 12 hours followed by four days off, is set to expire in October. AGSI claims the Commissioner has failed to reach an agreement and may impose a new roster without its consent, breaching EU law and the legitimate expectation of its members. The court has granted AGSI permission to serve notice of the injunction proceedings, with the matter returnable next Tuesday.
Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor have pleaded not guilty to 17 charges each at Dublin Circuit Criminal Court. The defendants are alleged to have committed false imprisonment, assault causing harm, aggravated burglary, arson, criminal damage, violent disorder, robbery, and causing unnecessary suffering to an animal at Falsk, Strokestown, on December 16, 2018. The trial is currently ongoing before Judge Martina Baxter and a jury. Evidence presented includes testimony from KBC Bank officer Danny Noone, who stated the bank repossessed the property in December 2018 after legal proceedings began in 2009. Noone indicated that public records showed the mortgage holder owned approximately 170 acres and other residential properties. Defense counsel Blaise O'Carroll SC argued that the execution order used for the eviction was invalid due to a missing affidavit of non-compliance. A security guard witness described an attack by approximately 30 armed men who forced entry into the farmhouse, using weapons including batons, crowbars, and a chainsaw. The witness reported being struck and overpowered while attempting to defend himself and colleagues. The trial continues with further evidence scheduled for presentation.
In a High Court case, a shareholder of Hears Technology Limited alleges that entertainer John Bishop terminated all staff contracts on 24 June while attending Glastonbury, and ended the company's lease in County Kilkenny, actions Bishop denies. Bishop's solicitor says employment law was followed and redundancies were forced by BAK Holdings Limited's attempts to scuttle the firm. BAK claims Bishop's conduct is oppressive, seeking a declaration and compensation or purchase of BAK's 42.5 % shareholding. Hears, which also claims BAK and director Brendan Morrissey defrauded it of about €1 million, has denied the fraud allegations. The dispute involves two sets of proceedings before the High Court, one for oppression and one for alleged fraud, with the judge adjourned the matter for a month to allow a stay application. The case remains pending.
In a High Court hearing, lawyers for 72‑year‑old Thomas Donaldson argued that possession of images depicting a woman and a dog engaging in sexual acts would not constitute a criminal offence under Irish law. Donaldson, who was arrested in Dublin in January after a Northern Irish warrant alleged that hundreds of indecent images of children were found on his computer, faces 15 charges of making indecent images and two counts of possessing extreme pornography. The court considered whether the images, which show a female's mouth and vagina being penetrated by a dog's penis, fall under Irish legislation that criminalises sexual conduct likely to cause fear or alarm. The judge noted ambiguity in the law, particularly whether possession alone is an offence, and postponed judgment to 25 April, remanding Donaldson in custody until then.
A businessman and his wife from Lisheenbrawn, Swinford, County Mayo, have obtained a temporary High Court injunction preventing a mortgage company and a receiver from selling their property. James Murphy and Caroline Hannon initiated High Court proceedings against receiver Hilary Larkin and Start Mortgages DAC, who sought to dispose of the house. The couple claim the receiver lacks valid authority to possess or sell the property they co-own. Mr Justice Brian O'Moore granted the interim injunction on an ex-parte basis on Wednesday, restraining the defendants from selling, transferring, or disposing of the property. The couple, represented by Darach MacNamara BL, acquired the property in 2002 and intend it eventually to serve as a home for their daughter, who has Down Syndrome, autism, and dyspraxia. Mr Murphy claims legal issues surround the receiver's appointment in October 2021 and questions whether those who appointed her held proper authority. The defendants allegedly declined to provide identifying details of the authorising officers. The case was adjourned to early the following week.
At the Central Criminal Court, the murder trial of James Kilroy, aged 49, of Kilbree Lower, Westport, Co Mayo, has been adjourned until Monday afternoon following an unforeseen development. Mr Kilroy, a park ranger, is charged with the murder of his wife Valerie French Kilroy, aged 41, at their rural home on a date between 13 and 14 June 2019. He has pleaded not guilty by reason of insanity. The trial was delayed this morning when High Court judge Ms Justice Mary Ellen Ring informed the jury that an unexpected matter had arisen unknown to all parties. She noted that neither party was at fault and that additional time was required to address the issue. Evidence presented to the jury has included testimony from the Chief State Pathologist regarding the cause of death. The defence has made formal admissions that the defendant killed his wife. The trial will resume on Monday.
Haremi Limited, the clothing company co-owned by Paul Quinn and Rosie Connolly Quinn, brought High Court proceedings against Safet Duran, Mohsan Bari, and Independent Clothing Ltd over alleged trademark infringement. The plaintiff claimed that garments bearing its '4th ARQ' trademark were discovered for sale at Bella Moda in Gorey, Co Wexford, and Elle Boutique in Tallaght, Dublin. Haremi alleged these items originated from a rejected batch ordered from Independent Clothing Ltd, which it claimed was substandard and poorly constructed. The company sought an injunction restraining the defendants from dealing in goods bearing its trademark, as well as orders requiring the disclosure of supplier and customer details. When the matter returned before Mr Justice Brian O'Moore on Tuesday, counsel Kelley Smith SC informed the court that the proceedings had been adjourned after the defendants provided certain undertakings. These undertakings included an agreement to make specific disclosures to Haremi, which have been complied with. Counsel stated that Haremi was satisfied with the progress, noting that the only remaining issue in its injunction application concerned the allocation of legal costs. Mr Justice O'Moore agreed to adjourn the issue of costs to a date later this month. The matter was therefore adjourned, with no final determination on the substantive claims or costs at this stage.
In a High Court case, Mr Justice Paul Burns sentenced two brothers, aged 46 and 44, to three‑year terms for repeated rape and sexual assault of a younger brother in their family home. The 46‑year‑old pleaded guilty to 15 charges of sexual assault and anal rape between May 1990 and December 1993; the 44‑year‑old pleaded guilty to 13 similar charges. Each brother received a three‑year term with the final 18 months suspended for the rape charges and a concurrent 12‑month prison term for the sexual assault. Both men are now registered sex offenders. The judge noted that the brothers' low risk of re‑offending and the fact that they were children at the time of the offences meant a post‑release supervision order was unnecessary. He expressed sympathy for the victim and hoped that further intervention and family support might lessen the harm caused.
In March 2023 the High Court heard a challenge to a Circuit Court decision that overturned a Workplace Relations Commission finding that a hotel owned by Supermac's founder Pat McDonagh had discriminated against a Traveller family. The family, consisting of Bridget O'Reilly, her partner Philip O'Neill and two children, had been denied accommodation at the Charleville Park Hotel after booking online and presenting a debit card and a cheque. The hotel insisted a credit card in the name of the guest was required. The WRC awarded the family €22,000 for discrimination, but the Circuit Court set aside that finding, ruling the hotel's credit‑card policy was lawful. The family's lawyers now seek a judicial review, alleging the judge's conduct created a reasonable apprehension of bias, including the use of the term "itinerants" and praise of the hotel's witness. The High Court has adjourned the case to May pending a transcript of the Circuit Court hearing.
The High Court heard that Mr Declan McDonald of PWC has been appointed examiner to Tower Trade Finance Ireland Limited (TTFI) and Deal Partners Logistics Ltd (DPL). TTFI has a net asset deficiency of €10.1 million and DPL €9.5 million. The companies attribute their financial difficulties to the collapse of JACC Sports Distributors and other issues, including fraud and client insolvencies. Mr McDonald has prepared an interim report and is working on a scheme of arrangement with creditors, hoping to present it before the end of the 100‑day examinership period. John Lavelle BL, representing the examiner, said creditors would benefit from a survival plan rather than liquidation. The court noted that both firms owe creditors over €13 million and that directors have committed €400 000 for the scheme. No objections were raised to extending the examinership period. The court heard that the examiner's report indicates a reasonable prospect of survival if the scheme is approved.
Haremi Limited, a clothing company co‑owned by fashion blogger Rosie Connolly Quinn and her husband Paul Quinn, has brought High Court proceedings against three parties it says have engaged in 'passing off' its trademarked brand 'The 4TH ARQ'. The claim arose after Haremi discovered hoodies, sweatpants and jumpers bearing its logo being sold at two fashion outlets – one in Dublin and one in Co Wexford – despite the company's policy that its goods can only be purchased through its website. Haremi alleges the items were supplied by Independent Clothing Ltd, a supplier it had rejected last year, and that the garments were inferior and substandard. The court granted Haremi permission to serve short‑notice injunction proceedings on the defendants and adjourned the matter to Friday's sitting. Haremi seeks injunctions restraining the defendants from selling, marketing or dealing in goods bearing its trademark, and orders to disclose the names and addresses of all suppliers of such goods.
Forbidden City Ltd, trading as Translation.ie, was ordered by the Workplace Relations Commission to pay €2,000 to interpreter Angela Nagle for unfair dismissal. Nagle, who had worked for the agency since 2009 providing Eastern European language services in courts, Garda stations and hospitals, was dismissed in December 2021 after the agency shifted her from payroll to invoicing, citing new Revenue guidance on self‑employment. Nagle claimed she had been an employee, having received employment slips and tax deductions, and that the agency had failed to provide a contract. The tribunal found evidence of mutuality of obligation, noting Nagle's frequent presence where directed and the agency's payroll practices. The adjudicator concluded Nagle was an employee and had been unfairly dismissed, awarding the €2,000 compensation.