An application to wind up Cloughwater Plastics Ireland Limited, a Dublin‑based plastics recycling firm employing 35 people, was formally withdrawn. The petition, originally brought by two creditors within the Van Werven Group, had been struck out after the Revenue Commissioners, who are also creditors, decided not to take over the application to appoint liquidators. The creditors had sought provisional liquidators due to concerns about the company's operations, but their claims were rejected by lawyers for director Shane Woods, who argued the matter was a shareholder dispute. Following out‑of‑court talks, the creditors withdrew the petition after shareholders entered into discussions about the firm's future. The court confirmed the strike‑out and upheld earlier cost orders. No liquidation or liquidation proceedings were ordered, and the company remains operational at Rosemount Park, Ballycoolin, Dublin 11. The case remains at the petition stage, with no further action taken by the court.
The Workplace Relations Commission heard legal argument in a test case involving 750 to 800 former Debenhams staff represented by the Mandate trade union. The applicants allege that Debenhams Retail Ireland Ltd and its liquidators, Andrew O'Leary and Kieran Wallace of KPMG, failed to provide relevant information or conduct meaningful consultation under the Protection of Employment Act. Counsel for the union, Brendan Kirwan SC, argued that the obligation to consult was triggered by an April 8, 2020, board meeting and a subsequent letter from director John Bebbington. He cited the CJEU case of Fujitsu Siemens Computers Oy to assert that consultation must occur before decisions are finalized. Conversely, counsel for the respondents, Kelley Smyth SC, maintained that directors were taken by surprise when their UK parent cut credit lines and that no master plan for redundancies existed. She argued the consultation began in good time given the crisis. The hearing also addressed whether workers could pursue two sets of claims against the company and the liquidators separately. The tribunal is to issue a written decision in due course.
An Bord Pleanála has conceded a High Court challenge to its decision permitting Abbott Ireland to extend its manufacturing facility near Dromore, Co Monaghan. The board's approval, which allowed the company to add approximately 2,661 square metres of laboratory, office, car park and warehouse space, has been quashed. John Morehart, owner of Bellamont Castle and surrounding lands near Cootehill, Co Cavan, sought judicial review on environmental grounds. He contended the board failed to properly assess the development under EU Environmental Impact Assessment requirements, noting the facility processes over 100 tonnes of raw material daily. Mr Morehart also claimed the board breached EU Habitats Directive obligations. Monaghan County Council had initially granted permission, which was appealed by both Mr Morehart and An Taisce. The High Court granted a formal order quashing the board's decision after it conceded the proceedings this week before Mr Justice Charles Meenan.
The High Court heard that Twitter, Facebook (Meta) and other social media platforms have cooperated with Munster Technological University (MTU) to prevent the publication of 6 GB of confidential data that was released by a suspected Russian‑based hacking group after MTU refused to pay a ransom. Mr Justice Brian O'Moore granted an extension of an injunction that bars anyone who knows of the order from publishing, making available or sharing MTU's data. The order also requires any holder of the data to return it to MTU. MTU's President Margaret Cusack testified that the court's order was "great assistance" and that platforms such as Reddit, Pinterest and Meta had worked with the university to keep the data off their sites. MTU's advisors at KPMG monitor the internet for references to the breach, and the university remains in contact with the Data Protection Commission, Gardai and the National Cyber Security Centre.
An appeal against the High Court's dismissal of a test challenge to the 2021 personal injury guidelines has opened before the Supreme Court. The case involves Bridget Delaney of Dungarvan, who claims her 2019 ankle fracture was caused by negligence of Waterford City and Council and that the Personal Injuries Assessment Board (PIAB) delayed assessment until the new guidelines were introduced, breaching fair procedures. Delaney argues the guidelines, adopted by a Judicial Council vote in March 2021, unfairly reduce awards by up to 40% and violate her constitutional rights. She seeks to quash PIAB's assessment and the Council's decision, and to declare that PIAB breached her rights to natural and constitutional justice. The Supreme Court panel, comprising seven judges, has accepted the appeal, noting the exceptional public importance of the issues, and will consider the constitutional implications of judicial independence and the separation of powers. The hearing continues.
Enoch Burke arrived late to the High Court this morning where his dispute with Wilson's Hospital School in County Westmeath was mentioned before Mr Justice Brian O'Moore. The Co Mayo teacher's case was called at 10am, but he was absent. The judge adjourned briefly before proceeding at 10:08am without him. Mr Justice O'Moore directed the school to file a sworn statement detailing each occasion on which it alleges Mr Burke has breached a High Court injunction since the matter was last heard. The court also requested written submissions on costs concerning two motions related to Mr Burke's contempt findings following his release from prison and his unsuccessful appeal for a stay. Mr Burke arrived approximately fifteen minutes after the judge had risen. The injunction, granted in September, requires him to remain away from the school premises. Mr Burke denies breaching it and has appealed the orders. The full hearing is scheduled for later this year.
The Revenue Commissioners, represented by Sally O'Neill BL, announced on 27 February 2023 that it intends to take over a High Court petition to wind up Cloughwater Plastics Ireland Limited, a Dublin‑based plastics recycling firm. The petition, originally filed by two creditors within the Van Werven Group, sought provisional liquidators for the company, which recycles mixed rigid plastics into raw materials for re‑use. The creditors withdrew the petition after entering discussions with the company's Northern Irish partner, but Revenue remains concerned about the firm's operations and has a significant debt owed by Cloughwater. The court, presided over by Justice Miriam O'Regan, agreed to adjourn the matter for a week to allow Revenue to submit a formal application to assume the petition. The case involves other parties, including Repak, Fingal County Council, and the landlord of the company's premises, and the company is currently undergoing due diligence as part of the liquidation process.
In a High Court hearing on 27 February 2023, the court ordered that Stewart Alexander and Bill Henry, directors of the insolvent Boxer Logistics Ltd, be personally liable for the company's €12.4 million debt. The judgment was granted on a joint and severable basis after liquidators Tom Murray and Tom Musiol presented evidence that the directors deliberately under‑reported the firm's income and under‑paid taxes, including corporation tax, PRSI and VAT. The company had transferred large sums out of its main account, including €1 million to Alexander's personal accounts, €250 000 to a former employee and Ms Paula Loredana Hutu (Alexander's alleged lover), and smaller amounts to a Paddy Power account. Boxer Logistics also unlawfully received €1.9 million in Covid‑support schemes. The liquidators claimed that Alexander and Henry owe the company over €6 million, but received no payment.
Senator Gerard Craughwell, represented by Richard Bowman of Bowman McCabe solicitors, has brought High Court proceedings against the Government of Ireland, Ireland, and the Attorney General. The applicant alleges that a purported secret agreement, established over 20 years ago following the 2001 terrorist attacks, unlawfully permits the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this arrangement is unconstitutional and was never approved by the Dáil or the Irish people via referendum. He asserts that the agreement constitutes an unlawful abdication of the Government's constitutional duties and a breach of Articles 1, 5, 6, 13, 15, and 28 of the Constitution. The Government has filed a defence, raising preliminary issues including whether the Senator has the legal standing to bring the challenge. The case is currently at the hearing or decision stage, with the matter listed before the High Court on Monday. At this procedural stage, the court is expected to consider further legal directions and a potential hearing date for the action, which the Senator seeks to be heard as soon as possible. The applicant seeks declarations that the agreement is impermissible and an order restraining the government from legislating to give it effect without a referendum. The matter remains ongoing, with no final judgment or sentence issued at this stage.
Maurice Kiely, a Dublin musician, has sued U2 Ltd for damages, alleging that the band unlawfully used a song he claims to have written, titled "A Man and A Woman." He says he composed the track in the 1990s, performed it for U2 bassist Adam Clayton, and agreed that the band could perform it under certain conditions. Kiely contends that U2 breached the contract and his copyright by performing the song live and crediting it to Bono and the Edge on their 2004 album *How to Dismantle an Atomic Bomb*. The company, represented by Kelley Smith SC, denies all allegations. Kiely, representing himself, has requested the court to address his interrogatories, which the company has refused to answer, claiming irrelevance. Mr Justice Brian O'Moore adjourned the pre‑trial motion to 10 March, citing a full March docket but acknowledging the plaintiff's medical urgency for an earlier hearing. The case remains pending.
In the High Court, owners Michael O'Shea and Eithne Uí Riordan of ADT House, Crossguns Bridge, Dublin 7, are suing UK-based SLGI (Holdings) Plc for allegedly fraudulently claiming ownership of the office block. The plaintiffs allege SLGI unlawfully registered itself as proprietor and terminated a lease with tenant ADT Ltd, receiving €246,000, despite never being the lawful owners. While proceedings against third parties ADT Ltd, American District Telegraph Services International Ltd, and the Property Registration Authority (PRA) have been settled, the case against SLGI remains active. Counsel Stephen Dowling SC informed Mr Justice Brian O'Moore that the dispute with the ADT parties and the PRA was resolved, with no fraud alleged against those entities. The owners previously secured an order rectifying the land registry to remove SLGI as the registered owner. SLGI's solicitors intend to bring a motion in April to come off record. The court agreed to adjourn the matter to April to allow for the implementation of the settlement. The case against SLGI was not concluded and remains pending.
The High Court heard that a 21‑month delay in charging two 15‑year‑old teenagers with false imprisonment and sexual assault has denied them the chance to be tried as minors, creating a prejudice that should halt their prosecutions. The alleged incident took place in a public park in June 2019, where a teenage girl claimed she was prevented from leaving by about eight boys, one of whom allegedly forced her to perform a sexual act and another who allegedly pulled down his trousers. The girl said she was touched, forced to kiss a boy, and could not escape until friends arrived. A complaint was made to Gardaí in early 2020, and the boys were arrested and interviewed in August 2020.
A 24-year-old man from County Derry has initiated a High Court judicial review challenge against the Defence Forces following the rejection of his application to join the Permanent Defence Forces. Ronan Corey, with an address in Magherafelt, was initially accepted into the PDF subject to vetting procedures and was instructed to report to Finner Camp in County Donegal to commence training. After passing all medical, fitness and vetting assessments, his enlistment offer was suspended in July and he was required to undergo re-vetting at Cathal Brugha Barracks in Dublin. In September, he was removed from the recruitment competition for failing security vetting, with no substantive reasons provided. Mr Corey contends that the decision may be linked to convictions held by his biological father during the Troubles, from whom he has been estranged since childhood. He claims this amounts to a breach of fair procedures and constitutional justice. His counsel argues that the absence of adequate reasons for the decision constitutes a procedural violation.
In a High Court preliminary ruling, Mr Justice Richard Humphreys allowed the Friends of the Irish Environment (FIE) to have its judicial review case against Galway County Council admitted to the Commercial Planning and Strategic Infrastructure Development List. The case concerns emergency flood‑relief works near Kylemore Abbey, which FIE argues were authorised under the 1949 Local Authorities Act in breach of EU environmental law. The council opposed admission, citing potential cost increases, but the judge found the council's objections unclear and largely unfounded. He noted that specialised lists reduce hearing times and costs, and that the council's claim of a floodgate effect was overblown. The decision recognises the commercial benefit of a quicker, cost‑effective hearing and may influence future public‑works disputes. The case will be heard in detail at a later date.
Fingal County Council has been authorised by a High Court judge to submit a sworn statement in a contested application to wind up Cloughwater Plastics Ireland Limited, a plastics recycling firm. The application was brought by two creditors within the Van Werven Group, who argue the company is insolvent and cannot meet its debts. The creditors, Kunststof Recycling Van Werven BV and Van Werven Plastic Recycling Holding BV, claim they are owed €1.86 million and €477,000 respectively, and seek the appointment of provisional liquidators. Cloughwater's director, Mr Shane Woods, and the company's managing director deny insolvency, describing the dispute as a shareholder matter. The court has allowed the council to file its statement and will hear the case again on Friday. The firm employs 35 people and operates a recycling facility in West Dublin.
Enoch Burke was physically removed from the High Court for the second time in as many court sittings after he interrupted proceedings before Mr Justice Brian O'Moore at the Four Courts today. The Mayo teacher, accompanied by his parents and sister, sought to raise concerns regarding Wilson's Hospital School's application to correct statements in documents related to their ongoing legal dispute. The judge ruled that Mr Burke's case was not listed and that he had not obtained the proper court documentation to raise the matter. When Mr Burke persisted in speaking despite repeated warnings, three gardaí removed him from the courtroom. His family members subsequently left voluntarily. The school is seeking to amend earlier statements concerning a meeting about a student's transition, correcting details about attendees and the principal's involvement. Mr Burke's appeal against previous High Court decisions is scheduled for hearing at the Court of Appeal later this month.
In a High Court hearing on 11 February 2023, Munster Technological University (MTU) reported that it had been targeted by a ransomware group known as ALPHV, also called BLACKCAT or NOBERUS, believed to be based in Russia or the former Soviet Union. The attackers, allegedly former members of the REvil group, had infiltrated MTU's IT system and issued a ransom note demanding a substantial payment by 11:45 pm on 10 February. MTU refused to pay and threatened that the attackers would publish confidential data about staff and students. The court granted an emergency temporary injunction preventing the attackers and anyone with knowledge of the order from publishing or sharing any of the university's confidential material, and requiring any such material to be handed over to MTU. The injunction also allowed MTU's lawyers to serve notice on the parties believed to be behind the attack via the Darknet page where the ransom note was posted.
Siblings Enoch and Ammi Burke were physically removed from the High Court by gardai on Friday after interrupting proceedings before Mr Justice Brian O'Moore. The pair attended court unannounced to raise concerns about an application by Wilson's Hospital School to correct certain statements in a document relevant to Mr Burke's ongoing legal dispute with the school. The judge declined to hear their submissions, stating the court had a full list and would issue updated directions by email. When Mr Burke and his sister refused to leave the courtroom, gardai intervened and removed them. Mr Justice O'Moore later remarked that the court had been disrupted by individuals who felt entitled to make groundless complaints and deliver abusive comments. The judge sat through lunch to clear the backlog caused by the disruption. Mr Burke's case against the school concerns his dismissal following his refusal to use preferred pronouns for a transitioning student. He is currently subject to a €700 daily fine for breaching a High Court order and has an appeal pending in the Court of Appeal.
In a High Court hearing on 9 February 2023, a Dublin GAA club, Fingallians, denied a mother's claim that her four children were banned from club activities. The mother, Sinead O'Farrell, had sued club officials, including the chairperson, vice chairperson, secretary, juvenile chairperson, children's officer and disciplinary chairperson, seeking an injunction to remove the alleged ban. Barrister Micheál Ó Scanaill SC, representing the club, told Justice Brian O'Moore that there was no evidence the children were banned and that the dispute should be resolved through the GAA's Disputes Resolution Authority rather than the High Court. O'Farrell's counsel argued the children were entitled to participate fully and that the injunction should be heard promptly. Justice O'Moore set the hearing for 17 February, noting the case was unusual and that the injunction application should be considered as soon as possible. The court also heard that the children are paid‑up members and participate in football and hurling.
Two creditors belonging to the Van Werven Group, claiming a debt of €2.3 million, have applied to the High Court for orders to wind up Cloughwater Plastics Ireland Limited, a joint venture with Cloughwater Enterprises Limited. The creditors, Kunststof Recycling Van Werven BV and Van Werven Plastic Recycling Holding BV, allege that the company is insolvent, has been mismanaged by its managing director Shane Woods, and that its books contain discrepancies. They also claim the firm no longer holds a licence to export its products and has overcharged the Irish recycling body REPAK, owing it more than €562,000 with a potential additional €600,000. The creditors seek the appointment of joint provisional liquidators, Ken Fennell and Andrew O'Leary of Interpath Ireland, to investigate and manage the company's affairs. The application was heard by Mr Justice Brian O'Moore, who directed that it be served on the company and other interested parties before being considered further.
Meath County Council told the High Court that a last‑minute legal action by plumber Michael (Chris) Murray and his wife Rose to stop the demolition of their 588‑sq‑metre house, built without planning permission, was an abuse of process. The couple had previously agreed in 2020 to vacate and allow demolition by 24 September 2022, following a settlement after a decade‑long dispute. In September 2022, their lawyers obtained a temporary injunction preventing demolition, citing new evidence that a Section 47 order on the land had never been formally entered. The council, represented by Deirdre Hughes, seeks to set aside the injunction and argues the action is an abuse of process. The High Court will hear the case later this month, with the injunction to remain until the full trial.
In a High Court case brought by Sheelagh Conway against her estranged husband Frank Conway and John Harty, the parties sought to appoint a receiver to wind up the Peig Sayers Hotel Partnership, which owns the 29‑bedroom Riverhouse Hotel complex in Dublin's Temple Bar. Conway alleged that the partnership was mismanaged and that Conway had not acted in good faith. She requested the partnership be formally dissolved and its assets sold. Conway's claims were denied by Conway, while Harty was not represented. After out‑of‑court discussions, the parties agreed to resolve the matter. Judge Conor Dignam struck out the proceedings, allowing either side to re‑enter the action if necessary. No settlement details were disclosed in court. The case was concluded without any orders or declarations being granted.
An application to wind up GWD Forestry Ltd was adjourned after the company agreed not to hold a creditors meeting. The High Court will consider appointing Mr Declan de Lacey as provisional liquidator later this month. The court also authorised notice to over 400 investors who are creditors. Mr Franco Bertellino, represented by Robert O'Reilly BL, had sought Mr de Lacey's appointment due to concerns over the company's management and its attempts to enter voluntary liquidation in December, which he claimed were not in accordance with Irish law. The company's alleged mismanagement includes claims that its director, Mr Benjamin Taylor, was effectively a front for Mark Raynor, a convicted fraudster, and that the company falsely reported itself as dormant while raising about €30 million from investors. The matter will return on 20 February.
In a High Court case involving the Wright family, Mr Justice Brian O'Moore urged the parties to seek mediation to resolve their dispute. The judge noted that the parties were willing to mediate and warned that, if they did not, the case would proceed to a five‑day hearing. The dispute centres on the Wrights of Howth group's claim that they were wrongfully locked out of a storage unit, Store E, West Pier, Howth, by two family members not part of the business. The court had previously granted a temporary injunction restraining former shareholder Mark Wright and his daughter Shona Wright from obstructing access to the premises. The injunction also prohibits the defendants from placing locks or access‑control devices on the store. The case will return to court later this month, with the Department of Agriculture and the Marine applying to join the proceedings.
In a High Court case, the County Kerry Coursing Club and Ballybeggan Park Company Limited resolved a dispute over access to the former Tralee Racecourse grounds for hare coursing. The club had been locked out of Ballybeggan Park since 18 June after new locks were installed, prompting the club to sue the company. The court heard that the club, the largest shareholder, claimed the company had no right to deny sporting access and alleged a sale of the land for €5 m was undervalued. The company denied wrongdoing, citing security concerns and a desire to frustrate the sale. After negotiations outside court, Mr Justice Brian O'Moore was informed the parties had settled amicably. The settlement was based on conditions to be fulfilled, and the court adjourned the case generally, allowing re‑entry if needed. No further details were disclosed.
Sinead O'Farrell, mother of four children aged 10, 8, 6 and 5, has applied to the High Court for injunctions to prevent Fingallians GAA Club from barring her family from club activities. She claims that she, her husband Jason and their children were banned after a dispute over a U‑9 football tournament in Newry last year. The dispute involved the club's head coach, Richie Herity, and led to the removal of volunteer coaches in September. O'Farrell alleges that club officials have communicated that her family should leave the club and that they were asked to refrain from attending until a meeting. She seeks injunctions restraining officials from interfering with her children's right to attend the club and declarations that any ban is unlawful. Mr Justice Brian O'Moore granted short service of the proceedings to several club officials, with a returnable hearing scheduled for the following Thursday.
At the Central Criminal Court, Noel Lennon, 49, of Dundrum, Dublin, appeared regarding the alleged murder of Isaac Horgan, who died after being stabbed in the leg at his home in Markievicz House, Townsend Street, Dublin 2, on March 29, 2021. Lennon pleaded not guilty to murder but guilty to manslaughter, a plea accepted by the State. He is also charged with impeding his own apprehension at Spring Garden Lane, Dublin 2, on the same date. Counsel for Lennon stated that a psychiatric report was pending, preventing the case from proceeding. Mr Justice Hunt noted it was "rather sad" that no family members were present to make a victim impact statement, though he confirmed the opportunity remained. Lennon was remanded in custody until April 17. Co-accused Lisa Lee, 41, of Little Britain Street, Dublin 7, is charged with impeding Lennon's apprehension. Her counsel noted she had missed a probation service call. Mr Justice Hunt directed Lee to continue signing on and contact the probation service, warning she could face a custodial sentence. He granted her bail, describing it as a "last chance saloon," and emphasized that any misconduct or failure to sign on would result in severe consequences. The matter was adjourned to April 17.
Hyde Court Property Company Owners Management Company Ltd, which runs the Hyde Court apartment complex in Dublin 2, has obtained a temporary injunction from the High Court to prevent former director Michael Noonan from dealing with, reducing or transferring funds in an AIB bank account that the company claims were misappropriated by Noonan between July and August 2016. The company alleges that Noonan withdrew more than €115,000 for personal use and that the money was frozen by a 2021 court order following a Garda investigation and criminal prosecution. Noonan, who was removed as director in 2016, has pleaded guilty to theft and false accounting and is due to be sentenced by the Circuit Criminal Court next week. The injunction is intended to preserve the frozen funds until the criminal proceedings conclude, as the company fears the order will lapse once Noonan is sentenced.
A former solicitor, now a judge, is alleged by a former employee to have continued running his private firm three years after his appointment to the District Court bench. The employee will present this claim to the Workplace Relations Commission (WRC). Solicitors for the firm argue that the judge left the practice four years before the constructive dismissal claim arose and that he has no involvement in the matter. The judge, who cannot be named by WRC order, will receive written notice of the allegation before the unfair dismissal hearing proceeds. At a brief hearing, the solicitor's representative, Jason Murray BL, requested that the WRC chairman subpoena the judge, but later asked for the subpoena to be adjourned, proposing to write to the judge and invite him to a hearing in April. Murray stated that text messages showed the judge's continued involvement.
In an appeal-stage procedural matter, Wilson's Hospital secondary school applied to the High Court to correct factual inaccuracies in a document relied upon against teacher Enoch Burke. Counsel for the school stated that two errors in a statement sworn by board chair John Rogers had emerged: the meeting regarding a student's transition was attended by only one parent, not both, and the then-principal, Niamh McShane, was present only briefly rather than for the duration. Mr Justice Conor Dignam agreed the school should correct these errors and adjourned the application to Tuesday's sitting. Burke was not present and had not been notified in advance. This application coincided with the expiration of a deadline set by Mr Justice Brian O'Moore for Burke to purge his contempt of a September injunction requiring him to stay away from the school. Burke, who was jailed for 108 days last September for similar non-compliance, did not formally indicate compliance. Justice O'Moore previously ordered a fine of €700 per day for continued refusal, deeming imprisonment "not immediately attractive." Burke claims his dismissal and the injunction breach his constitutional rights regarding his objections to using a student's preferred pronouns. The contempt ruling and costs are due for review on February 10, while Burke's appeal against various High Court decisions is scheduled for the Court of Appeal next month.
Mr Justice Charles Meenan welcomed the settlement of about 20 High Court actions concerning the HSE's assessment of children with special needs, describing the outcome as "very satisfactory". He stressed the need for a system to reduce future judicial reviews on such assessments. The judge heard that many cases were settled after out‑of‑court discussions among the HSE, the Minister for Education and the families. The actions involved claims that the HSE had failed to comply with the 2005 Disability Act by not completing assessments within a reasonable time. While most cases were resolved, 11 remain pending regarding assessments by the National Council for Special Education (NCSE). The Minister plans to announce a new process for NCSE assessments, and the judge has adjourned the remaining matters to February to review progress. The HSE is recruiting assessors and clearing a backlog, but has no power over educational needs assessments.
Tech entrepreneur Ian Lucey was ordered by the Workplace Relations Commission to pay €19,713.45 to software developer Abhijeet Khopade for unpaid wages. Khopade, who earned €66,000 a year as senior technology manager at BioObservation Systems Ltd, had been given assurances that his arrears for 2019 and 2020 would be paid, but received only intermittent payments. Lucey defended the claim personally at a June 2021 hearing, stating the company had paid the amounts due, and also alleged that Khopade had harassed him and that the company had lost grant aid because of Khopade. The adjudicating officer noted that Lucey had turned his camera off during the hearing and that no payslips existed to support the payments. The Commission found the payments did not meet the wages accruing within the cognisable period and ordered Lucey to pay the full amount owed.
The murder trial of farmer Michael Scott, accused of killing his aunt Christina Treacy in 2018, was adjourned for two weeks after his senior defence counsel, Mícheál P O'Higgins SC, was nominated to the High Court. Justice Caroline Biggs informed the jury that Scott had lost his lead counsel and would need time to appoint a replacement and review the case files. The jury agreed to remain available until May 31 and to return after the Easter break if the trial extends beyond the expected timeframe. The trial, which began last week, was expected to last more than two months and involved a 15‑person jury of seven men and eight women. It will resume on February 7, with the jury required to attend again on February 9. Michael Scott, aged 58, has pleaded not guilty.
In a High Court case, three Egyptian tenants—Mostafa Elsayed Morshedy Elsayed Faraag, Gomaa Rashed Ahmed Arafa and Hussein Mohamed Hussein Mahmoud—claim they were violently assaulted by a group of up to 20 men on 13 December 2022 while renting a Dublin apartment. They say the attackers broke wooden chairs on their bodies, damaged their possessions and left the apartment in a "war zone" state. The tenants allege the assault was intended to force them to vacate the property, which they had rented since October 2021 for one year with an option to extend and paid rent in cash. They argue they were entitled to 30 days' notice of termination, which was not given. A judge granted them permission to add Mr Tony Tang Le (or Lee) as an additional defendant, while the injunction against the owner, Mr Xia Ping He, remains in place.
Enoch Burke's injunction application was dismissed by the High Court, clearing the way for disciplinary proceedings at Wilson's Hospital School to proceed. Mr Justice Conor Dignam acknowledged that Burke raised a strong case that his challenge would succeed at trial but refused the injunction because Burke refused to comply with a prior order to stay away from the school. Burke, who denies wrongdoing and claims his suspension breaches his constitutional rights regarding religious objections to transgendarism, stated he would not comply with the September order, which he described as flawed. The judge clarified that Burke had not won the injunction and dismissed the matter. Burke was previously jailed for 108 days for contempt after breaching the stay-away order. The disciplinary hearing, stemming from allegations about Burke's behavior toward former principal Niamh McShane, is scheduled for Thursday. The court noted Burke may appeal to the Court of Appeal, and the full hearing of the dispute will take place shortly. Costs applications will be dealt with later. The school opposed the injunction, and the judge agreed Burke did not come to court with clean hands due to his non-compliance.
A High Court judge has determined that teacher Enoch Burke holds a strong case against disciplinary proceedings initiated by Wilson's Hospital School in County Westmeath, but has declined to halt those proceedings unless Burke complies with an existing court order to remain away from the school premises. Mr Justice Conor Dignam acknowledged that grounds existed to prevent the school from proceeding with a disciplinary meeting scheduled for Mullingar, yet ruled that Burke's ongoing refusal to observe the earlier order tipped the balance against granting an injunction. The judge indicated willingness to grant the injunction if Burke agrees to respect the suspension order issued in September, requiring him to stay away from school while receiving pay. Burke contests disciplinary action arising from allegations of gross misconduct related to his conduct at a school function and his objections to the school's policy regarding a transitioning student. He maintains the disciplinary process breaches fair procedure and his constitutional rights. The school opposes his application. The matter was listed for further hearing.
Brian Murphy, a qualified accountant and former Deloitte audit partner, appealed a High Court ruling that permitted his criminal prosecution for alleged tax offences. The Court of Appeal heard arguments regarding whether a 2015 settlement agreement with the Revenue Commissioners created a legitimate expectation that he would not be prosecuted. Mr Murphy, of Carrigaline, Co Cork, denies wrongdoing and argued that oral representations and the absence of a prosecution reservation clause in the signed document implied immunity. He contended that the High Court judge erred by applying contract law rather than the principle of legitimate expectation. Counsel for the Revenue and the Director of Public Prosecutions (DPP) argued that the DPP is an independent body not bound by Revenue agreements and that the omission of a non-prosecution clause was an error. They maintained that the threshold for legitimate expectation was not met. The High Court had previously found that the 2015 agreement, which involved monthly payments of €4,000 and annual lump sums, did not represent a promise against criminal proceedings. In the Court of Appeal, the panel of judges, including Mr Justice Patrick McCarthy, Mr Justice George Birmingham, and Ms Justice Isobel Kennedy, reserved their judgment. The matter was adjourned, and no final decision was reached during this hearing.
Meta Platforms Ireland Ltd has applied to the High Court to overturn a €405 million fine imposed by the Data Protection Commission (DPC) for breaching the privacy rights of teenagers. The fine was issued in September 2022 following an investigation into Meta's processing of data from Instagram users aged 13 to 17 between May 2018 and September 2020, specifically the automatic publication of mobile numbers and email addresses under default business‑account settings. Meta argues that the DPC's decision is unconstitutional, citing breaches of the 2018 Data Protection Act, the Irish Constitution, the EU Charter of Fundamental Rights and the European Convention on Human Rights, and claims that the fine constitutes a criminal sanction and an improper exercise of judicial power. The company seeks to quash the fine, declare relevant statutory provisions invalid, and obtain a preliminary ruling from the Court of Justice of the European Union.
In a High Court decision, Justice Mary Rose Gearty ordered that two children, who had been taken from their home EU country to Ireland by their mother, be returned to that country. The judge rejected the mother's claim that one child would be at grave risk of self‑harm if returned, noting that any relocation must have the consent of both parents. The children had been subject to family‑law proceedings in their home country following the parents' separation, and the father had applied under the Hague Convention for their return. The mother had opposed the application, citing the child's alleged risk, but the judge found no evidence that the child's risk was recognised in the home country's courts. The judge concluded that, despite the child's expressed unhappiness and references to self‑harm, the evidence was insufficient to justify keeping the children in Ireland, and therefore both must be returned to their habitual residence.
Teacher Enoch Burke is challenging a disciplinary process at Wilson's Hospital School, seeking an injunction to halt proceedings that could lead to his dismissal. The school argues the application is premature and that Burke lacks "clean hands" due to his refusal to comply with a court order to stay away from the premises. Burke was previously incarcerated for 108 days for contempt of court after breaching this order. He was released from prison before Christmas without purging his contempt, but was warned by Mr Justice Brian O'Moore that he faced the prospect of being jailed again if he continued to act contrary to the order. Counsel for the school submitted that Burke cannot seek the protection of the courts while ignoring a court order that does not suit him. The school also denied allegations that board chairman John Rogers lied in a sworn statement regarding a board meeting. Mr Justice Conor Dignam reserved his decision on the injunction, with judgment expected early next week. A separate application brought by the school, arising out of Mr Burke's refusal to comply with a court order to stay away from the school while he is suspended, has been adjourned to next week. The school seeks a court order sequestering or removing Mr Burke's assets from him, due to his alleged ongoing contempt of a High Court order granted in September.
Heated exchanges occurred at the High Court on Wednesday evening during a hearing of Enoch Burke's application for an injunction to halt disciplinary proceedings against him. Mr Burke, a teacher from Wilson's Hospital School in County Westmeath, seeks to prevent the school from continuing a disciplinary process that could result in his dismissal. The proceedings were marked by animated exchanges between Mr Burke, his sister Ammi, his mother Martina and Mr Justice Conor Dignam when the judge indicated he would adjourn at approximately 4pm. Mr Burke expressed concern that critical submissions on disputed evidence would remain unheard. Mr Justice Dignam rejected criticisms from the Burke family, clarifying that only Mr Burke had a right of audience and that no findings would be made regarding allegations at this stage. The judge accepted the urgency of the matter and agreed to commence proceedings at 9:30am on Thursday to allow Mr Burke to conclude his submissions before hearing the school's response. A separate contempt application has been adjourned to the following Tuesday.
In a High Court hearing on 11 January 2023, Mr Justice Paul McDermott criticised the Central Mental Hospital for its delayed preparation of a psychiatric report concerning Bahaalddin Alshwawrah, a 43‑year‑old man charged with murdering his partner Zeinat Bashabsheh, aged 42, on 24 December 2021 at their shared residence in Enniskerry, Co. Wicklow. The judge described the delay as "intolerable" and warned that reports unavailable for months hinder proper court business. He urged the State to ensure the hospital has adequate resources and to set a definitive date for the report's completion. The judge noted that several trials were scheduled but none were ready to proceed, and that the case had been pending for a year. The matter was rescheduled for 7 February 2023. The judge's remarks highlighted the need for timely psychiatric assessments in criminal proceedings.
Two Dublin men, Philip Bowes and Jason Dunphy, who suffered serious injuries in violent attacks, successfully challenged the High Court's refusal to consider their applications for compensation under the State's Criminal Injuries Compensation Scheme. The men were told they were ineligible because their applications were made after the scheme's time limit. Mr Justice David Holland ruled that the scheme's 2021 amendment, which introduced a strict two‑year limit, lacked a transitional provision allowing extensions for exceptional circumstances. He found this breach of the legal principle of effectiveness and that the State could not impose such a limit without proper safeguards. The court did not address the scheme's constitutionality and awarded the men their legal costs. The decision leaves pending similar cases from other victims whose applications were also rejected on the same grounds.
Three Dublin‑based Egyptian men—Mostafa Elsayed Morshedy Elsayed Faraag, Gomaa Rashed Ahmed Arafa and Hussein Mohamed Hussein Mahmoud—sued in the High Court after an alleged assault on 13 December 2022. They say a group of up to 20 men broke wooden chairs on their bodies, damaged their possessions and left their apartment on Tyrconnell Road, Inchicore, looking like a war zone. The men claim the attack was aimed at forcing them to vacate the property they had rented for over a year. They secured a temporary injunction against the landlord, Mr Xia Ping He, and any other person with notice of the order, preventing assault, intimidation or trespassing. The injunction also bars the landlord and others from damaging the premises. The case is set to return to court in early January. The men have not yet received a 30‑day notice of termination of their tenancy.
Amanda Hennigan, an Irish dancing adjudicator and school owner in Hertfordshire, has taken the High Court to challenge her suspension by the Irish dancing regulator, An Coimisiun Le Rinci Gaelacha (CLRG). She argues that the CLRG's investigation into allegations that competitions were fixed is flawed, prejudged, and conducted without her interview or disclosure of specific allegations. Hennigan claims the CLRG failed to provide her with its investigation report, did not consider the complainant's motivation, and breached its own disciplinary procedures by not informing her promptly. She also alleges that online documents naming her were defamatory and that the CLRG should have removed them. Hennigan seeks an injunction to lift her suspension and halt disciplinary proceedings until her case is decided. The court granted ex‑parte notice of the injunction, with a return date set for January.
In December 2022, retired MMA fighter Artem Lobov filed High Court proceedings against Conor McGregor, alleging a series of harassing, intimidating and defamatory posts on McGregor's Twitter account. Lobov claims that McGregor repeatedly referred to him as a "rat" in a song and other tweets, and that a picture of Lobov was superimposed on a packet of raw sausages. He also alleges that McGregor's father sent him pictures of rats and a snake as part of the campaign. Lobov's lawyers sought an undertaking to cease and desist from such posts and an order to remove them. The court granted permission to serve short notice of the injunction but declined a temporary injunction pending McGregor's response. The application is set to return to the court by Thursday of that week. The case is part of a broader legal dispute between the two former friends, including a commercial disagreement over a whiskey brand sale.
Senior Irish Twitter executive Sinead McSweeney, Global Vice President for Public Policy, settled her legal action against the company after a temporary injunction had prevented her dismissal. The dispute, which had been adjourned to allow negotiations, was listed before Mr Justice Brian O'Moore on Tuesday. The High Court was informed that the parties had reached a settlement and the full proceedings could be struck out with consent. All prior orders were discharged. No details of the settlement were disclosed. McSweeney had claimed that after a vague email from Elon Musk asking employees to confirm their willingness to be part of "Twitter 2.0," she was treated as no longer employed, was locked out of Twitter's IT system and could not access the Dublin office. Twitter, represented by Mark Connaughton SC, said it was offering undertakings to restore her access and had entered negotiations.
In a High Court hearing on 19 December 2022, a primary school student and her father brought proceedings against the school's board of management, alleging the school failed to protect the girl from bullying and injury by a male classmate. The parents claimed the school had taken no appropriate action, while the board denied wrongdoing and argued the parents had not exhausted internal remedies. Mr Justice Brian Cregan, after hearing submissions from both sides, ordered that a member of the board conduct an investigation into the bullying allegations. The investigation was to be carried out expeditiously, with a target completion by early January, though the judge allowed for extensions if needed. No court orders were granted at that stage, including no directive to move the boy to another class. The case remains pending, with the investigation to be reported back to the court in January.
In a High Court sentencing hearing on 19 December 2022, Mr Justice Tony Hunt sentenced 35‑year‑old Garret Smith to 14 years 6 months' imprisonment, with 12 months suspended, for the manslaughter of 46‑year‑old Edward "Liam" O'Sullivan. Smith was found not guilty of murder but guilty of manslaughter because he was too intoxicated to intend the killing. The judge described the jury as "charitable and merciful" and urged Smith to accept the verdict as "like a drowning man clinging to a life raft." Smith had been drinking for about 18 hours and was likely abusing prescription medication. He had been seen on CCTV at a Circle K garage and later in O'Sullivan's Kilkenny apartment, where a violent altercation escalated. Smith stamped and punched O'Sullivan, inflicting fatal injuries. The judge noted Smith's previous convictions and the impact on O'Sullivan's family, but emphasised that the sentence reflected the circumstances and Smith's intoxication.
In a High Court hearing on 16 December 2022, Mr Justice Brian Cregan expressed concern over the quality and use of large outdoor inflatable "jumping pillows" made by Air Bouncers Ltd and Ausmur Civil Limited, companies registered in Eyrecourt, Co Galway. The judge found that the defendants had breached the trademark and intellectual property rights of Danish firm Blaabjerg LEG APS, which has trademarked 'Jumping Pillows' since the early 1980s. He awarded €221,000 in damages to Blaabjerg, including aggravated and exemplary damages and costs. The judge also allowed Blaabjerg to continue its proceedings and seek an order for damages, despite the defendants' recent voluntary liquidation. He noted that the defendants had used the term "Jumping Pillows" on their websites and that their products were of inferior quality, using material typical of trucks.