In a High Court hearing on 16 December 2022, jailed teacher Enoch Burke declined an offer of temporary release from Mountjoy Prison for the Christmas holidays. He described the proposal as a "Christmas gift" and an "insult to justice", arguing that it was an attempt by the court to offer mercy while he remained in contempt of a court order. Burke had been imprisoned for three and a half months for refusing to comply with a direction from Wilson's Hospital School to address a trans‑gender student as "they" rather than "he", citing religious grounds. He refused to purge his contempt or agree to the injunction's conditions, which would have freed him. The judge, Justice Conor Dignam, declined to release him and said the court would consider submissions on a possible release next week, a matter that had not been contemplated earlier. The school had no objection to the court's suggestion.
In a High Court case at the charge_or_pretrial stage, Mr Justice Brian Cregan ruled on claims brought by applicant Marie Gibson against her daughter Pauline Gibson, solicitor Kevin O'Gorman, and receiver Paul McCleary. The judge found that Pauline Gibson defrauded her parents of their family home in 2003, a transfer that was set aside due to fraud and undue influence. Although Pauline Gibson did not participate in the proceedings, the court accepted Marie Gibson's evidence over that of Mr O'Gorman, who was found to have acted with gross negligence but was not accused of fraud. The judge described the situation as a "lamentable tale," noting that the elderly widow discovered the fraud only after her husband's death in 2017. While the judge set aside the 2003 transfer, he did not conclude the litigation. Instead, after handing down his judgement, Mr Justice Cregan adjourned the matter to a date in January. Several issues remain outstanding, including the quantification of damages to which the plaintiff is entitled. The court noted that Marie Gibson has since disinherited Pauline Gibson in a new will, and the family has been unable to contact her since the discovery of the fraud.
A senior High Court judge, Mr Justice Charles Meenan, welcomed efforts to address a dramatic rise in judicial review cases against the HSE concerning the assessment of children with special needs. Lawyers for the HSE and 20 families explained that the HSE has been working to clear a backlog, noting no funding shortage but a shortage of assessors, with 695 vacancies. The HSE plans to report staff shortages directly to the Minister for Health. The backlog was partly caused by the High Court deeming preliminary assessments invalid. The HSE has no control over educational needs assessments, which are carried out by the National Council for Special Education under the Minister for Education. The judge noted that normally 2–3 new cases appear weekly, but since October the average rose to 7–8.
A primary school girl and her father have filed High Court proceedings against the school's board of management, alleging the school failed to protect the girl from a boy in her class who has bullied, harassed and assaulted her over the last two and a half years. The boy is said to have pushed, kicked, used inappropriate language, thrown a book, pulled up the girl's skirt, and pulled her up in front of other students. After the girl reported the boy's behaviour to a teacher, she was allegedly bullied in reprisal. The father claims meetings with the principal did not resolve his concerns and that the school has not treated the boy's conduct as bullying or harassment. He also says the school has refused to seat the two children apart and has not given reasons for refusing his requests. The boy's recent act of kicking the girl caused injury and medical attention.
In a High Court decision, French film star Dany Boon was awarded €4.8 million in damages after being defrauded by Thierry Fialek‑Birles, who posed as an "Irish Lord from an ancient family." Mr Justice Brian O'Moore found that Mr Boon's funds had been used to support Mr Birles' luxurious lifestyle. The judge imposed receivership and permanent freezing orders on assets linked to Mr Birles, including three sailing boats – the 'Erin' and 'My Fair Lady' in Co Cork and the 'Shamrock' in Genoa – a house in Youghal, Co Cork, and monies in various bank accounts. Mr Birles and several co‑conspirators, such as SSMM, Hibernian Petroleum, United Irish Estates, Hibernian Yachts, and others, were ordered to pay Mr Boon's legal costs. The court also directed the sale of the seized assets to satisfy the judgment. The case remains pending against other named parties.
A High Court dispute concerning a catering contract at Brennan's bakery in Dublin has been adjourned to late March following agreement between the parties. Ciaran Monaghan, who has provided catering services at the bakery's canteen for 28 years, sought an injunction to prevent termination of his contract after Brennan's initiated a tendering process in June. Mr Monaghan contended that without intervention, his business and nine employees' livelihoods faced cessation on Christmas Eve. Before Mr Justice Brian O'Moore on Tuesday, counsel for both parties confirmed they had reached accord. Brennan's undertook that Mr Monaghan's company would continue operating the canteen while a competitive tendering process for the service provision is completed by mid-March 2023. Defence counsel stressed that termination on Christmas Eve had never been the company's intention. Should Mr Monaghan's firm succeed in the tender, the proceedings may become moot. The adjournment was granted on the basis of these undertakings.
The Workplace Relations Commission awarded Ryan McMullan €29,366 in compensation against Dallan & Co Mechanical Services Ltd. Adjudicating officer Emile Daly found the employer's conduct "egregious" and "cavalier" after McMullan was dismissed for refusing to use a handheld SDS drill lacking an impact mechanism. The WRC determined this constituted penalisation under the Safety, Health and Welfare at Work Act 2005, noting a colleague had recently suffered an eye injury using the same defective tool. The tribunal also upheld a separate complaint under the Paternity Leave and Benefit Act 2016, finding it "entirely unfair" for the company to pressure McMullan to reduce his statutory leave entitlement. The decision, which accepted McMullan's evidence as uncontested after the employer failed to appear at the final hearing, ordered the payment of €28,000 for the safety-related penalisation and €1,366 for the paternity leave breach. The adjudicating officer emphasized that McMullan was entitled to refuse inherently unsafe work and leave the site to avoid injury, citing that the employer was already on notice of the specific risks associated with the equipment.
Enoch Burke, a history and German teacher at Wilson's Hospital School in Co. Westmeath, remains in Mountjoy Prison for the Christmas period after refusing to comply with a High Court injunction that ordered him to stay away from the school and not teach. He argued that the injunction violated his religious beliefs against transgendarism and that complying would mean accepting transgendarism, which he said would breach his Christian faith. Burke pleaded for release, citing his religious convictions and the holiday season, and criticized the court for not allowing him to appear in person. Judge Conor Dignam refused to release him, stating Burke had not purged his contempt and had not complied with the court's valid order. Burke's parents protested the decision, claiming his release was justified by his religious rights. The case remains pending before the High Court, with further hearings scheduled for February.
Ezeon Entertainment Limited, a company that bought and refurbished the pub 'The Silly Goose' in Cork, has asked the High Court to set aside a Personal Insolvency Arrangement (PIA) granted to shareholder John O'Driscoll in March 2022. The PIA was upheld on appeal to the High Court in July. Ezeon, whose shareholders include rugby star Ronan O'Gara and businessman Michael O'Flynn, claims the PIA was fraudulent, alleging that O'Driscoll misappropriated over €15,000 of company funds and that significant stock is missing. The company also argues it was not listed as a creditor and was never properly notified of the PIA, denying it the opportunity to object. O'Gara, who invested €20,000 in 2019, said he was unaware of the PIA until it appeared in the press and that O'Driscoll had "fleeced" him. O'Flynn had previously attempted to challenge the PIA but was dismissed for lacking legal standing.
Eddie Cunningham Cummins and Erica Cunningham Cummins, residents of Heron's Wood, Carrigaline, Co Cork, have brought a High Court judicial review against the Criminal Injuries Compensation Tribunal and the Minister for Justice. The applicants are the children of Eddie Cummins Snr, who was killed in a shooting in Ballincollig, Co Cork, in 2005. The Tribunal initially refused their compensation claim in 2021, citing that the application was made outside the statutory time limit and that the victim's conduct, including previous convictions and the nature of the killing, rendered an award inappropriate under Article 13 of the scheme. The applicants appealed this decision, arguing that Article 13 applies only to the conduct of the applicant, not the deceased victim, and that the children were innocent of their father's actions. The Tribunal upheld the refusal in 2022. In the current proceedings, the applicants seek to quash the Tribunal's decision, claiming it was irrational, breached fair procedures, and violated their rights under EU law, the Irish Constitution, and the European Convention on Human Rights. The matter was heard by Mr Justice Charles Meenan, who granted the applicants permission to bring the challenge on an ex-parte basis. The case was adjourned and made returnable to a date in February.
A catering company owner has brought proceedings in the High Court seeking an injunction to prevent termination of a contract with a major Dublin bakery. Ciaran Monaghan, trading as Ciaran Monaghan Catering, claims his firm has supplied catering services to Brennan's Bakery in Walkinstown, Dublin 12, for 28 years and currently employs nine staff members. The bakery notified the company in June of its intention to terminate the arrangement and invite tenders from competing vendors, with the contract set to end on Christmas Eve. Mr Monaghan contends the tendering process has stalled and the company has refused to extend the notice period. He argues the six-month timeframe is insufficient to manage redundancy obligations to his employees. Mr Justice Brian O'Moore granted permission on an ex-parte basis to serve short notice of proceedings. The case was adjourned and will return before the High Court the following week.
In a High Court hearing on 7 December 2022, the Criminal Assets Bureau (CAB) sought to have 111 cars seized from Stephen Bawn Motors Ltd and €20,000 in a linked bank account declared proceeds of crime under the 1996 Proceeds of Crime Act. The cars, sold at auction for €820,000, were bought by the dealership, which began trading about seven years earlier, with money allegedly derived from illegal drug dealing. CAB alleged that the dealership was used by individuals with links to local, national and international criminals, including Christy Keane and the Kinahan gang, to launder drug proceeds and that the owner, Mr Mike Nash, was involved in drug importation and sale. The company and Mr Nash denied the claims. CAB also cited VAT fraud and other illegal activities. The case is pending before Mr Justice Alexander Owens.
A teenage boy, charged with sexually assaulting a schoolgirl, has filed a High Court judicial review to halt his prosecution because of an alleged three‑year delay. The boy, who cannot be named, argues that the delay has deprived him of the protections of the 2001 Children Act and that he will be tried as an adult if the case proceeds. The alleged offence occurred in a public park in June 2019 when the girl was prevented from leaving by eight teenage boys, all of whom attended the same secondary school. She claims that one boy forced her to perform a sexual act, that she was physically restrained, and that she eventually left only after friends arrived. A Garda complaint was made in early 2020, and the boy was charged in May 2022. He seeks an order to restrain further prosecution, declarations of prosecutorial delay and breaches of constitutional and ECHR rights, and damages.
Patrick McLoughlin, aged 35, of Torboy, Moydow, County Longford, has been sentenced to five years imprisonment, with the final eighteen months suspended, following his conviction for sexual assault at the Central Criminal Court in Castlebar, County Mayo. A jury found him guilty in March 2022 of sexually assaulting a woman in Galway city centre in August 2017. Ms Justice Mary Ellen Ring imposed strict conditions on the suspension, including engagement with the Probation Service. The judge remarked during sentencing that young men must understand that refusal of consent is unambiguous, criticising what she described as a widespread lack of understanding of the word "no" in sexual offence cases. McLoughlin maintains his innocence despite the jury verdict. His associate, Karl Reilly, was separately convicted of rape and sentenced to seven years with eighteen months suspended. The victim provided a statement describing ongoing trauma from the incident. Patrick McLoughlin pleaded not guilty.
In a High Court hearing on 5 December 2022, jailed teacher Enoch Burke, incarcerated in Mountjoy Prison since September for breaching a court order to stay away from Wilson's Hospital School, sought a swift determination of his defamation claim. Burke, who was suspended in August, alleged that a Sunday Independent article published in October contained false statements about his conduct in prison. He had applied for a Section 33 order to remove the article, but the application was adjourned after Mediahuis Ireland Ltd agreed to take the article down from its website and pledged not to republish it without 72‑hour notice. Burke, representing himself via video link, requested that the court ensure the defendant's defence be filed within eight weeks, fearing the defamation action could prejudice his ongoing proceedings against his employer. The judge noted the possibility of a default judgment if no defence is filed and considered granting a priority hearing.
Dany Boon, a well‑known French film star, obtained High Court judgements against Thierry Fialek‑Birles, who presented himself as an "Irish Lord from an ancient family," and several companies linked to him. The court granted Boon judgement for damages of over €6 million, following earlier freezing and disclosure orders that had been secured to trace the missing funds. Boon's solicitor, Rossa Fanning SC, noted that most defendants had either chosen not to contest the claims or had never appeared in court. Judgements were awarded against Irish‑registered entities such as South Sea Merchant's Mariners Ltd Partnership, Hibernian Petroleum Limited Partnership, United Irish Estates Limited, Hibernian Yachts Company Limited, and the Samoa‑registered United Far East Oriental Holdings Ltd, as well as US‑registered American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd (British Virgin Islands), and Sail & Motor Navigation Company Limited (Antigua and Barbuda).
In a High Court hearing on 2 December 2022, David Wright, Managing Director of Wrights of Howth, claimed that his brother Mark Wright verbally abused and threatened him over a dispute concerning a storage unit at Howth Pier. The group, which has used the unit for several years under a 35‑year lease from the Department of Agriculture and the Marine, says it has been wrongfully locked out by Mark and his daughter Shona, who are not part of the business. A judge granted a temporary interim injunction restraining Mark and Shona from impeding the group's access to Store E, West Pier, and from placing locks or access‑control devices. The injunction was granted ex‑parte and the case is set to return next week. The court noted the case was unusual, and the dispute centres on ownership of the lease and alleged misappropriation of three trawlers.
In a High Court hearing on 2 December 2022, a dispute involving businessman Sean Dunne and his family over two valuable properties in County Kildare was addressed. The plaintiffs—John Dunne, Sean's son from his first marriage, and Sean's four minor sons—sued through their mother, Gayle Killilea, and secured a temporary injunction preventing Traviata Ltd, Sean Dunne, and Bessilton Holdings Ltd from selling or disposing of the properties. Amrabko Unlimited, a company directed by Ms Killilea, also applied, claiming it had spent €577,000 on a house at one of the sites. The injunction covers both legal and beneficial interests, including a property allegedly sold for €1 million. Sean Dunne, who was declared bankrupt in 2013, denies wrongdoing, as do the defendants. Traviata, an Isle of Man‑registered company wholly owned by SD Trust, argued that the case should be heard in the Isle of Man, while Bessilton, the registered owner, said it complied with court orders.
Michael Murray, a convicted rapist and child abductor, lost a High Court challenge to a disciplinary sanction imposed by the Governor of the Midlands Prison after he threw a bible at Judge Karen O'Connor during a sentencing hearing in July 2021. The sanction, which removes ordinary privileges for 40 days, was applied following a complaint by prison officers who had attended the court. Murray had been sentenced to 16 years for threatening barristers and harassing others involved in his trial, and had previously been convicted of rape and child abduction. In his appeal, Murray argued that the Governor had no authority to impose the sanction while he was in court custody, but Mr Justice Charles Meenan ruled that the Governor was lawfully entitled to discipline him under the 2007 Prison Rules Act. The case will return for final orders later this month.
An insurance company, Aon Ireland Limited, obtained a High Court injunction preventing former employee Luciana Bernardes De Castro from using or distributing any confidential information related to the firm. De Castro had worked as a Claims Administrator from March 2020 until her resignation in January 2022. In August 2022 she filed a claim with the Workplace Relations Committee, prompting Aon to search her work e‑mails. The company found that she had sent several emails containing sensitive information, including medical data, to her personal account and a third party. Aon alleged that this constituted a breach of her legal obligations. De Castro, who had been living in Liffey Valley Park, Lucan, responded in November that she had no interest in engaging with Aon and had not cooperated with the company. Aon's lawyers, represented by Rosemary Mallon BL, sought the injunction after De Castro declined to provide the undertakings requested.
In a High Court hearing on 30 November 2022, Twitter confirmed it had restored Irish senior executive Sinead McSweeney to her role as Global Vice President for Public Policy. McSweeney had previously secured a temporary injunction preventing her dismissal after she claimed that a vague e‑mail from Elon Musk had led Twitter to treat her as no longer employed. She said she had never resigned, yet was locked out of Twitter's IT system and Dublin office, and could not attend a scheduled meeting. Twitter's counsel offered undertakings to restore her access to all IT systems and the Dublin premises, and to negotiate with Human Resources to resolve the dispute. The judge set a timetable for document exchange, adjourned the case to late December, and directed that the orders and undertakings remain in force until a full hearing.
In a High Court hearing, Mannix Coyne and his daughter Amy Coyne argue that the planning permission granted to EngineNode Ltd for a data centre near their Bracetown, Clonee home breaches their constitutional rights to a healthy environment and other EU human rights. They claim the centre will consume 180 megawatts annually and produce about 1% of Ireland's carbon dioxide emissions, contributing to the climate crisis. The Coynes seek to invalidate the permission and the board's approval of a substation and grid connection at Bracetown and Gunnock. The State, An Bord Pleanala, and the Attorney General oppose the claims, arguing that the right to a healthy environment is not recognised under the Constitution or the ECHR and that the decision was proportionate. The case is ongoing and expected to last several days.
Sinead McSweeney, Twitter's Global Vice President for Public Policy, obtained a temporary High Court injunction that stops Twitter International Unlimited Company from terminating her employment. She argues that a vague email from owner Elon Musk, sent to all employees, implied she had resigned, yet she did not. The court heard that Twitter's lawyers acknowledged she had no intention to resign and promised to restore her IT access, but she remains locked out of the Dublin office and internal systems. McSweeney claims the company has treated her as if she had left, citing mixed messages from Musk and senior US associates. The injunction also bars Twitter from communicating any change to her employment status to third parties or publishing related information. The order remains until further court direction.
In a High Court case, Benfica secured an order requiring Twitter to disclose the identity of the operator of the "@o_tal_pulha" account, which the club alleges has posted defamatory material about it. The club claims the account made allegations of financial and other impropriety between October and February, and that it used confidential information believed to stem from a 2017 hacking incident. Benfica, represented by David Fennelly BL, seeks basic subscriber information, IP addresses for the last 60 days and for a one‑week period in February 2022, and will pay Twitter's costs. The court noted that the club may pursue civil actions in Portugal for damages and that the trial concerning the hacking incident is ongoing. The order allows parties to apply to the court if further action is needed.
An Irish man, John O'Connor, 40, from Carrick-on-Suir, Co Tipperary, was jailed in Sweden for a €4.7 million income‑tax fraud. He and three brothers—Edward (27), Mark (30) and James (28)—were convicted of tax and VAT fraud, money laundering and three counts of gross accounting offences in Stockholm in March last year. Each brother received a sentence of three years and eight months, upheld by the Swedish Court of Appeal in July 2021. O'Connor absconded to Ireland in July 2022 while on temporary release, having served 647 days of his sentence. He was arrested under a Schengen Information Service notice on 3 September 2022. The High Court heard that he had failed to pay over €64 000 in VAT invoices and that the fraud involved disguising substantial money in company accounts and sending incorrect invoices to customers.
Two couples, Margaret Webster and Keith Rollo, and Ross Shorten and Joan Carty, have filed High Court damages actions against Meenacloghspar (Wind) Limited, the operator of the Ballyduff Windfarm near Enniscorthy, Co. Wexford. They allege that since the windfarm began operating in 2017, the turbines have produced constant noise, vibration and shadow flicker that has disrupted their sleep, increased anxiety and harmed their mental health. The plaintiffs claim the noise has devalued their homes, which are 369 metres and 359 metres from the turbines, and that the windfarm is operating in breach of its planning permission. They seek orders to cease operation, decommission the windfarm, and restrain future operation until noise and vibration are reduced, as well as damages for nuisance, negligence, breach of duty and constitutional rights. The defendant denies all allegations and argues the windfarm is compliant with its planning permission. The case is scheduled to be heard over several weeks before Ms Justice Emily Egan.
In a High Court hearing on 21 November 2022, Mr Justice Charles Meenan addressed a sharp rise in judicial review applications against the Health Service Executive (HSE) concerning the assessment of children with special needs. He noted that normally two to three such cases appear weekly, but recently the average had climbed to seven per week, a "dramatic increase". The judge did not grant permission for the new applications, nor set the usual directions or timetables for document exchange. Instead, he adjourned the matters to a mid‑December hearing, instructing the HSE to appear before the court to discuss the issue. The applications, brought on behalf of young children, seek orders requiring the HSE to complete reviews of Assessment of Need applications within six weeks, alleging the HSE has failed to meet its legal obligations under the 2005 Disability Act.
The High Court has appointed an interim examiner to Blacklough Construction Limited following an application on grounds of cash-flow insolvency. The company, which has 48 employees and engages subcontractors, is currently constructing over 360 social housing units across five sites for Respond Housing Association, including developments in Charlestown, County Mayo, and locations in Dublin, Meath, Westmeath and Louth. An independent expert's report indicated the company has reasonable prospects of survival if certain steps are taken. Counsel attributed the firm's difficulties primarily to a 33 per cent rise in building material costs since 2020, alongside a potential planning permission issue at the Carrickmines site in Dublin. Trade creditors are owed over €3 million. Chartered accountant Joe Walsh was appointed as interim examiner by Mr Justice Michael Quinn on Thursday. The court was satisfied that creditors would fare better under an examinership than in liquidation. Proceedings were adjourned to later in the month, with creditors to be notified of the application.
High Court judge Mr Justice Alexander Owens ruled that James 'Mago' Gately and his partner Charlene Lam are entitled to legal aid to defend Criminal Asset Bureau (CAB) claims that their Coolock home was purchased with proceeds of crime. CAB opposed the application, alleging the couple spent over €440,000 on the property and took holidays in the Caribbean and Southeast Asia. However, the judge found the couple lacked the means to pay for representation, noting their recent spending had dried up and there was no evidence Gately earned income from training. The judge granted legal aid for one solicitor and one barrister but refused funding for senior counsel. CAB seeks orders under the Proceeds of Crime Act regarding the home, a Volkswagen Golf GTI, and a Rolex watch, alleging these assets were acquired through criminal proceeds. The couple denies these allegations, stating the assets were bought with legitimate funds, including Gately's past earnings and Lam's income as a beautician. The judge set a timetable for document exchange to expedite the hearing. The matter was adjourned and is scheduled to be next mentioned before the court next month.
GAA star David Fitzgerald raised questions before the Deputy Master of the High Court regarding the alleged sale of his ACC Bank loan to a 'vulture fund'. The proceedings were brought by Pepper Finance and receiver James Anderson against Fitzgerald, the Waterford Senior Hurling Manager, seeking possession of a house in Co Clare. Fitzgerald opposes the application, arguing that Pepper may not own the loan and that he has received insufficient information about the purported transfer to entities named Newgrange Acquisition DAC and Otterham. His counsel, Ronnie Hudson, also challenged the proportionality of the receivers' fees, noting that a Deloitte chartered accountant was appointed for a single property. Fitzgerald claims he wishes to redeem the mortgage of over €200,000 but is blocked by a disputed €25,000 interest surcharge. The Deputy Master, Mr John Glennon, stated that these issues are for a High Court judge to determine. He indicated an intention to list the case before a judge but granted an adjournment to allow Fitzgerald to swear an affidavit in reply to the applicant's claim. The matter was adjourned and will return before the Deputy Master later this month. Fitzgerald also linked these proceedings to separate claims against former ACC Bank official Jarlath Mitchell and ACC Bank, alleging fraud involving false mortgage documentation in Portugal.
The President of the High Court, Mr Justice David Barniville, granted an application by Jim Elliott, acting for the family of Corporal James Elliott, to access the Special Criminal Court file from a 1972 trial. The order, issued at the sentence stage of the underlying 1972 proceedings, directs that the Elliott family's lawyers receive the original file and a copy within seven days. The 1972 trial involved Brendan Finnegan and Patrick Lynch, who were convicted of conspiring to commit an explosion and possessing explosives. Finnegan was sentenced to nine months' imprisonment, while Lynch received a 15-month sentence. The family alleges these convictions are linked to the 1972 kidnapping and murder of their father, a part-time Ulster Defence Regiment corporal, by the Provisional IRA. Although other charges, including conspiracy to commit murder, were reportedly dropped, the family has never been informed of the trial until 2005. The court found that providing access to the file supports the legacy process and commitments under the Good Friday Agreement. The application was opposed by no party; the Courts Service, the DPP, the Garda Commissioner, and the Minister for Justice did not object. The judge described the murder as horrendous and ruled that making the file available was in the interests of justice. The matter was not adjourned; the order was finalised with specific directions for file delivery.
In a High Court hearing, Irish businessman Ronnie Delany has brought a defamation claim against senior Qatari royals and Maybourne Hotels Ltd, alleging that letters published to Irish recipients defamed him and were part of a conspiracy. Delany names Sheikh Hamad Bin Khalifa Al Thani, Sheikh Hamad Bin Jassim Bin Jabber Al Thani, and CEO Marc Socker as defendants, claiming they jointly own the economic interest in the hotel group that operates The Berkely, Claridge's and The Connaught. He also sued French‑based Sas Societe Dexploitation Et De Dentention Hoteliere Vista and its representative Gilles De Boissieu for distributing a damaging letter. The defendants may challenge the Irish court's jurisdiction, but the case is set to proceed with a timetable for document exchange and possible motions. The matter is scheduled for a December hearing. The letters were allegedly sent on 13 April 2021 to individuals including businessman Paddy McKillen.
Ann McDonald, alongside her husband Joseph and co-applicant Ned Murphy, launched High Court proceedings to prevent Everyday Finance from selling their home in Roundwood, Co Wicklow. The applicants allege that the receiver appointed by the fund is acting as an abuse of process and that the appointment was made outside the time limits of the 1965 Succession Act. The property, an 87.5-acre estate formerly used as a golf course, houses the McDonalds, their disabled grandson, and other family members. The applicants claim that Everyday Finance, which acquired a 2003 AIB charge in 2019, has delayed proceedings against the estate of Ann's late mother, Mary Healy, thereby losing the right to appoint a receiver. They seek an injunction restraining the sale or possession of the property, the discharge of the receiver, and an order preventing further appointments without court permission. The matter was heard before Ms Justice Siobhan Stack, who granted the applicants permission on an ex-parte basis to serve short notice of the injunction proceedings on the defendants. The judge made the matter returnable to a date later this month. The case remains at the hearing or decision stage, with the primary outcome being the adjournment of the final determination to allow for service of notice.
Glasgow-based Irish dancing teacher and judge Adrian Stewart is challenging a disciplinary decision by An Coimisiun Le Rinci Gaelacha (CLRG) in the High Court. The CLRG's Appeals Committee suspended Mr Stewart's registration for three years and fined him €1,000, overturning a prior written warning issued by the Disciplinary Committee. Mr Stewart alleges the suspension arose from comments posted on his Facebook page by his then-girlfriend, who admitted to making the posts without his consent. He claims the Appeals Committee's process was flawed, that it acted outside its powers by appealing the initial warning, and that its members had prior conflicts of interest. In these proceedings, Mr Stewart seeks an injunction to quash the suspension and fine, along with declarations that the CLRG breached its own procedures and that his actions did not violate its Code of Conduct. The matter was heard on an ex-parte basis before Ms Justice Siobhan Stack, who granted permission to serve short notice of the injunction proceedings. The case was adjourned and will return before the court later this month.
The State has rejected claims that mandatory hotel quarantine measures during the pandemic were unconstitutional, in a High Court case brought by Niamh Mulreany and Kirstie McGrath. The two applicants, who are lone parents, were arrested at Dublin Airport on April 2, 2021, after refusing to undergo mandatory quarantine at a hotel following their return from Dubai. They alleged they could not afford the €1,800 cost per person and that their childcare arrangements were only valid for the duration of their holiday. Acting for the State, Michael Cush SC argued that the Minister for Health was lawfully entitled to designate the UAE as a country requiring mandatory quarantine under the 1947 Health Act, noting the measure included a sunset clause requiring Oireachtas approval for extension. The State also dismissed arguments that the appeal process for quarantined individuals breached the constitution. The applicants, seeking to halt their prosecutions, alleged that the Ministerial order breached the separation of powers and should have been introduced via legislation. They also claimed the offence of resisting transfer to a designated facility was invalid and sought damages. Arising from their refusals, both applicants were charged with breaches of the 1947 Health Act, facing potential fines of up to €2,000 and imprisonment if convicted. The hearing before Ms Justice Marguerite Bolger continues, with the judge indicating an intention to reserve her decision following the conclusion of submissions.
Elaine Sadlier, 55, is to be extradited to the UK on suspicion of assisting Michael Foran, who pleaded guilty to the 2018 murder of Katie 'June' Jones in West Bromwich. Foran was sentenced to life imprisonment with a minimum term of 17 years. Keith O'Dwyer also pleaded guilty to assisting Foran and was sentenced to 16 months in jail. Sadlier, of Co Limerick, faces charges under Section 4 of the Criminal Law Act 1967 for allegedly helping Foran leave the scene and arrange accommodation. At the High Court, Mr Justice Kerida Naidoo ordered her extradition, rejecting humanitarian objections based on her role as sole carer for a person with epilepsy and an intellectual disability. The judge noted that while the surrender would cause separation anxiety, the individual could be cared for by a qualified professional. Although the court ordered extradition, the matter was adjourned to January 16, 2023, to allow time for alternative care plans to be organized. An affidavit regarding the care plan update is due by November 30. The maximum penalty for the alleged offence in the UK is 10 years' imprisonment.
A High Court judge has firmly rejected criticisms levelled by imprisoned teacher Enoch Burke against members of the judiciary, describing such allegations as "scurrilous" and "utterly without merit". Mr Justice Brian O'Moore addressed remarks made by Mr Burke, a Co Mayo educator currently detained in Mountjoy Prison, who has compared the Irish judicial system to those of totalitarian regimes including the former USSR, China, and North Korea. The judge characterised Mr Burke's descriptions of judges as presiding over a "cover-up" or "stitch-up" as inappropriate. Mr Justice O'Moore also invoked Christian teaching, reminding Mr Burke of the Golden Rule from scripture. Mr Burke appeared before the High Court seeking to delay the substantive hearing of proceedings brought by Wilson's Hospital School in Co Westmeath pending determination of his appeal against an injunction. He contends his imprisonment breaches constitutional rights to religious freedom, claiming the case concerns his objection to transgendarism. The school disputes this, asserting the dispute centres on his refusal to comply with suspension terms. Mr Burke's Court of Appeal hearing is scheduled for mid-February.
Imre Arakas, 63, a former Estonian Defence League member, is to be extradited to Lithuania to face a murder charge for the 2015 shooting of Deimantas Bugavicius, the lover of Lithuanian pop star Vita Jakutiene. The High Court ruled that the Lithuanian warrant was clear and that the alleged offences – murder, possession of firearms and criminal damage – were not inconsistent with Irish law. Arakas, who has previously served a six‑year sentence in Ireland for conspiracy to murder James 'Mago' Gately, denied any role in the Bugavicius shooting, claiming he was in Spain at the time. He has been remanded pending extradition and may appeal the surrender order, which will take effect 15 days after the judgment. The court noted that the Lithuanian authorities had not changed the legal basis of the charges, only the narrative of his alleged involvement. The extradition will allow Lithuania to try Arakas for the alleged murder and related offences. Imre Arakas pleaded guilty.
In November 2022 the High Court heard that the remaining publicans who had brought test actions against FBD over the insurer's failure to pay business‑disruption claims caused by Covid‑19 had settled. The two test actions brought by Aberken, trading as Sinnott's Bar, and Hyper Trust Ltd, trading as The Leopardstown Inn, were resolved after extensive out‑of‑court talks. The court is now considering FBD's submissions for reliefs arising from the settlement agreement, including clarifications on legal principles that may affect other pubs and restaurants with similar policies. FBD seeks declarations from the court regarding the subsidies paid by the State to businesses forced to close during the pandemic. The hearing of FBD's bid for relief will continue next week. The other two pub owners who had taken test actions – Lemon & Duke and Sean's Bar – had already resolved most of their claims, with only legal costs remaining.
In a High Court divorce decree, Mr Justice John Jordan ordered a woman to pay her former husband €900,000 for his share of the family home, a lump sum of €280,000, and €470,000 from her pension. The judge rejected the woman's claims of assault, abuse and threats, finding no credible evidence of violence. The couple had a long, happy marriage that deteriorated after the woman's illness, leading to separate living arrangements and joint custody of their two children. The judge noted the husband's lower income compared to the woman's successful career. He also directed the woman to continue paying the mortgage and to pay the husband a pension adjustment of 29.4% of her pension. Both parties were advised to cover their own legal costs. The decision was made on 2 November 2022.
Two of the four pub owners who had successfully challenged FBD's refusal to pay business‑disruption claims caused by Covid‑19 have settled most of their outstanding legal issues with the insurer, including the amount of damages owed. The settlements, whose details are confidential, cover the bulk of the quantum of losses. However, the other two pub owners, Hyper Trust Ltd (The Leopardstown Inn) and Aberken (Sinnott's Bar), still have disputes over the quantification of their losses pending before the High Court later this month. Mr Justice Denis McDonald, who ruled last year that FBD's policy covered losses from pandemic‑related closures, expressed disappointment that the remaining cases had not yet been resolved. The judge urged the parties to continue working toward a solution and adjourned the outstanding matters to a later date. The case remains an ongoing test action with implications for over 100 bars and restaurants.
Elaine Sadlier, 55, appeared before the High Court to object to her extradition to the UK, where she is accused of assisting Michael Foran after the 2018 murder of Katie 'June' Jones in West Bromwich. Foran pleaded guilty to the murder and was sentenced to life imprisonment with a minimum term of 17 years. Keith O'Dwyer also pleaded guilty to assisting Foran and received a 16-month jail sentence. Sadlier, of Co Limerick, is accused of helping Foran leave the scene and arranging his stay in a Liverpool hostel. Her legal team argued that surrendering her would violate Article 8 of the European Convention on Human Rights, as she is the sole carer for a fully dependent disabled person. The Minister for Justice's counsel noted that the maximum UK penalty for assisting an offender is 10 years. Mr Justice Kerida Naidoo described the case as "very sad" and noted a recent bereavement in Sadlier's family. The court was told that if surrender is ordered, an application for postponement will be made. Mr Justice Naidoo adjourned the case to November 9, when he will rule on the matter of Ms Sadlier's possible surrender.
A test case concerning the collective redundancy of 750 Debenhams workers opened before the Workplace Relations Commission. Michael Meegan, the Mandate union official running the case, alleged that the decision to make staff redundant was "preordained and predetermined" before the company entered liquidation. The union claims that Debenhams Retail Ireland Ltd management and liquidators Andrew O'Leary and Kieran Wallace of KPMG failed to provide substantive information or meaningfully consult with representatives, violating the Protection of Employment Act. The liquidators deny these claims, with counsel Kelley Smith SC arguing for "full compliance" through four open meetings and written responses to questions. Mandate General Secretary Gerry Light testified that the redundancy decision was made prior to April 8, 2020, and that requests for financial data were ignored. Liquidator Andrew O'Leary countered that the UK parent company refused financial support and that he provided all requested information except for landlord details protected by privacy. He rejected the characterization of the process as a "cursory box-ticking exercise," stating the initial intention was to save part of the Irish business. The hearing is the largest group of complaints handled as a test case by the WRC this year. The matter is currently at the hearing stage, with evidence presented by both parties.
Jailed teacher Enoch Burke has asked the High Court to stay the full hearing of the action brought by his employer, the Church of Ireland's Diocesan School for Meath and Kildare, until his appeal against the injunction that bars him from teaching at Wilson's Hospital is decided. The injunction, obtained after Burke was suspended on full pay in late August, was issued because he refused to stay away from the school, a refusal he says is rooted in his objection to "transgendarism". Burke, who is currently in Mountjoy Prison, has appealed to the Court of Appeal, with the appeal set for February next year. Mr Justice Brian O'Moore refused an application for Burke to attend court to seek a stay, adjourned the matter to November 7, and said the school had sufficient notice of the application.
Mr Justice Paul McDermott, presiding over the Central Criminal Court, publicly refuted claims made by Sinn Féin TD Martin Kenny in Dáil Éireann. Kenny, acting as Justice Spokesman, had alleged that court facilities outside Dublin, specifically in Limerick, were underutilised because judges were unwilling to travel from their base locations. He stated that witnesses and victims were forced to travel to Dublin despite adequate local facilities. Mr Justice McDermott described these assertions as "concerning" and "ill-informed," asserting it is "simply incorrect" to suggest High Court judges lack willingness to travel. He noted that during the current session, cases were heard in Cork, Kilkenny, Monaghan, and Tullamore, with Waterford expected to join soon. The judge emphasised that the Central Criminal Court actively seeks these venues to reduce the burden on victims, acknowledging the "extreme distress" caused by travel. Regarding Limerick specifically, he clarified that the court is currently unavailable, but stated unequivocally that if it were accessible, judges would travel there. He concluded by affirming that there is "no question" of any High Court judge being unwilling to travel to hear cases, reiterating the judiciary's commitment to utilising available regional facilities.
The High Court heard that the Criminal Assets Bureau (CAB) seeks orders under Section 3 of the 1996 Proceeds of Crime Act to seize about €1.7 million in assets linked to Ross Browning, a senior member of the Kinahan Cartel. CAB alleges the assets – two properties, land, cars, jewellery and watches – were acquired by Browning through intermingling gang proceeds with money belonging to his family. Browning has not contested the application, but lawyers for his mother Julie Conway, the estate of his late grandfather William Conway, and other relatives deny the claims. They argue the assets were purchased with legitimate funds, that the estate's claim was outside the two‑year limitation, and that CAB's evidence is insufficient. CAB maintains the assets were bought with criminal proceeds and requests the court to grant the orders. The judge has reserved judgment. The case highlights the dispute over the source of the assets and the application of the statute of limitations.
A High Court challenge has been filed by engineer and architect Paul Leech against Meath County Council's plans to renovate the derelict St Patrick's Classical School in Navan. Leech argues that the council failed to conduct a second bat survey during the summer months, as required by the EU Habitats Directive, and therefore lacked the necessary information to determine whether the proposed works would comply with the directive. He also claims the council erred in law by not considering the impact on two nearby special areas of conservation. Leech, a former pupil of the school, seeks orders to quash the council's development consent and declarations that the council's assessment was unlawful. The case was adjourned by Mr Justice Charles Meenan to a December hearing. The court will consider whether the council's failure to obtain adequate bat survey data and assess environmental impacts constitutes a legal error. The proceedings are ongoing and no final decision has yet been made.
The Criminal Assets Bureau (CAB) has applied to the High Court for orders to permanently seize €1.7 million of assets it says were obtained from the proceeds of crime by Ross Browning, a senior member of the Kinahan Cartel. CAB alleges that Browning purchased a 1.3‑hectare site in Garristown in 2013 for €120 000, developed a residence and a shed, and restored an old cottage on the site for about €330 000. CAB also claims Browning bought a house on Deanstown Road, Finglas, for roughly €56 000, registered it in the name of his grandfather William Conway, and later sold it to a relative after extensive renovation. The assets also include a property in Garristown, lands in Rush, a house in Finglas, several motor vehicles, luxury watches and jewellery seized in a 2018 raid.
The Criminal Assets Bureau (CAB) has applied to the High Court to deny free legal aid to gangland figure James 'Mago' Gately and his partner Charlene Lam, arguing that their family home in Coolock, Co Dublin, and other assets were purchased with proceeds of crime. CAB claims the couple spent over €440,000 on their home, own a Volkswagen Golf GTI and a Rolex watch seized in 2019, and have taken foreign cruises, suggesting they can afford legal representation. Gately, who survived two attempted assassinations, has not worked since 2015 due to threats, while Lam, a self‑employed beautician, pays the mortgage from modest income and had received pandemic unemployment payments. The couple, represented by David Perry BL, requests free legal aid to defend the proceedings, citing the complexity of the case. CAB, represented by David Dodd BL, argues that granting aid would undermine a scheme designed to protect the most vulnerable.
A former employee of the charity Bóthar, Aisling Matthews, claims she is owed additional redundancy pay because the charity has not honoured an agreement with former chief executive David Moloney regarding a sabbatical she took between 2010 and 2011. In 2021 Bóthar sued Mr Moloney in the High Court after he admitted misappropriating charity funds for personal use, stating he spent the money on family holidays and friends. Matthews has brought a claim before the Workplace Relations Commission under the Redundancy Payments Act, the Organisation of Working Time Acts, the Payment of Wages Act and the Terms of Employment (Information) Act. The commission's adjudicating officer, Michael MacNamee, noted that the charity calculated her redundancy based on service starting in 2011, not 2007, and that evidence is needed to establish continuous service. Ms Matthews argues she had a sabbatical authorised by Mr Moloney, supported by a plaque and an email confirming ten years of service.