Solicitor Eamonn O'Hanrahan of Fairview Strand Dublin brought a High Court challenge against the Clamping Appeals Officer and the National Transport Authority (NTA) regarding the dismissal of his appeal against an €80 clamping fee. Mr O'Hanrahan alleged that the appeal was heard in breach of natural and constitutional justice, specifically claiming the officer relied on submissions from notice party Dublin Street Parking Services Limited without providing him sight of that information or an opportunity to respond. He disputed the claim that his Suzuki Celerio was parked in a clearway on Fairview Strand on April 2, arguing appropriate signage was absent. In his judicial review, he seeks orders quashing the refusal, remitting the appeal to another officer, and declarations that the Clamping Appeals Officer and NTA must comply with natural justice principles under the 2015 Vehicle Clamping Act. The matter came before Mr Justice Charles Meenan, who questioned the proportionality of judicial review for an €80 fine but acknowledged the applicant's right of access to the courts. The judge directed that the application for permission be heard on notice to the Appeals Officer, NTA, and Dublin Street Parking Services Ltd. He noted that other judicial review cases involving special needs care allowances would be given greater priority. Consequently, the judge adjourned Mr O'Hanrahan's action to a date in late October 2023.
Martin Meany has launched High Court judicial review proceedings against the Data Protection Commission (DPC) and the Roman Catholic Church, alleging a failure to complete an investigation into his complaint regarding the Church's refusal to destroy his personal records. Mr Meany, who is no longer a Catholic, claims the Church's retention of his baptismal records and incorrect status as a practising Catholic breaches the General Data Protection Regulation (GDPR). He contends that the DPC paused its investigation in 2019 to conduct a statutory inquiry into the Church's obligations, resulting in a four-year delay that he argues violates his constitutional right to privacy and rights under the European Convention on Human Rights. Represented by William McLoughlon BL, Mr Meany seeks an order compelling the DPC to complete the investigation within a specified timeframe and a declaration that the delay was unlawful. The matter was heard on an ex parte basis before Mr Justice Charles Meenan. The judge adjourned the action to a date in December. Consequently, the case remains pending and has not been concluded or finalised.
During a Court of Appeal hearing on 14 October 2022, teacher Enoch Burke, who is in Mountjoy Prison for refusing to comply with a High Court injunction that bars him from teaching at Wilson's Hospital School, sought an early appeal date. The judge, Mr Justice John Edwards, set the earliest possible hearing for 16 February 2023 and adjourned the matter. Burke's mother, Martina Burke, interrupted the proceedings, accusing the judges of corruption and claiming that his constitutional rights were denied. Mr Justice Edwards removed her from the courtroom, warned that further interruptions would be held in contempt, and briefly considered referring her to the Law Society before rescinding that order. Burke's sister, solicitor Ammi Burke, also interrupted and was warned of potential contempt. The hearing remained procedural, with no substantive appeal heard on the day. The case concerns the injunction and the High Court's refusal to lift it. The article does not report any further developments beyond the adjournment.
The Friends of the Irish Environment Group has filed a High Court challenge against Galway County Council's decision to authorise emergency flood relief works near Kylemore Bridge in Connemara. The group argues that the council's use of the 1949 Local Authorities Act to permit dredging and other works breaches EU environmental law, specifically the Habitats Directive and the Environmental Impact Assessment Directive. They claim the 1949 Act is invalid for this purpose and that permission should have been sought under the 2000 Planning and Development Act. The works, aimed at preventing flooding on the Dawros River, could affect the rare freshwater pearl mussel and salmon populations that rely on pristine water. The case seeks to quash the council's decision, obtain a temporary stay on the works, and declare the 1949 Act's provisions invalid, with the matter adjourned to December for further hearing.
Jailed teacher Enoch Burke appeared before the High Court on Thursday to claim he was defamed in a Sunday Independent article. Represented by his sister, solicitor Ammi Burke, he sought an urgent order under Section 33 of the 2009 Defamation Act to prevent republication, alleging the paper falsely claimed he was moved within Mountjoy Prison. The publisher denied the allegations. Justice Brian O'Moore rejected the request for Burke to be produced from prison earlier than Friday, noting the article had been removed. He refused to make an order without notice to the newspaper but set an early return date for Burke to formalise his application. Justice O'Moore, who is also presiding over the underlying dispute with Wilson's Hospital School, expressed bemusement at claims that media reporting could prejudice the case. He stated he would not be influenced by media coverage and planned to hear from both parties on Friday regarding case management. Burke, who has been incarcerated since early September for contempt of court after refusing to comply with an injunction to stay away from the school, has appealed to the Court of Appeal against the injunction and his suspension. He denies misconduct allegations related to his objection to addressing a transitioning student with specific pronouns, which he says conflicts with his Christian beliefs. The school maintains the issue is his refusal to obey court orders. The appeal is scheduled for mention before the Court of Appeal on Friday.
The High Court heard a challenge by a foster parent, represented by Mark Harty SC, against the Child and Family Agency's (CFA) decision to notify the Garda Vetting Bureau of complaints against him. The man, who has been a foster carer with his wife, was accused two years ago of sexually abusing a girl they had fostered. He denied the allegations, and the CFA's initial provisional finding that the allegations were "founded" was overturned on appeal, with the panel ruling that the CFA had breached its own policies and procedures. The Gardaí investigated and the Director of Public Prosecutions decided not to prosecute. Despite these outcomes, the CFA issued a Specified Information Notification to the Garda National Vetting Bureau earlier this year. The man seeks to quash that notification and to obtain declarations that the CFA acted unlawfully and that its procedures were inconsistent with natural and constitutional justice.
Imre Arakas, a 64-year-old Estonian national, appeared before the High Court to challenge his extradition to Lithuania, where he is alleged to have acted as a mercenary in the 2015 murder of Deimantas Bugavicius. Lithuanian authorities allege Arakas supplied two nine-millimetre handguns, clothing, and chemical cleaning substances to a three-man gang in Kaunas, while also engaging in surveillance and route planning. Arakas's legal team, led by Remy Farrell SC, opposed the surrender, arguing that Lithuanian authorities had "changed the narrative" regarding his specific role and that no formal charge had been properly established. They noted an eyewitness claimed Arakas was not present at the scene and that he provided an alibi placing him in Spain during the incident. The State, represented by Siobhán Ní Chúlacháinn BL, maintained that the legal basis for the European Arrest Warrant remained unchanged, asserting Arakas was part of an organised group acting for mercenary reasons. Mr Justice Paul Burns heard the arguments and indicated he hoped to deliver a judgement by November 7. Separately, Arakas was previously sentenced by the Special Criminal Court in December 2018. He pleaded guilty to conspiring with others to murder James 'Mago' Gately in Northern Ireland between April 3 and 4, 2017. Mr Justice Tony Hunt jailed him for six years, noting Arakas had agreed to pull the trigger for financial gain under contract from the Kinahan crime gang. Arakas has been in custody in Ireland since April 2017.
In a High Court judgment, Mr Justice Mark Helsin dismissed a challenge by John O'Meara and his three minor children to the Minister for Social Protection's refusal to grant them the Widower's Pension. O'Meara's partner, Michelle Batey, died of Covid‑19 after a 20‑year relationship, but the court held that the pension is only payable to those who were married or in a formal civil partnership with the deceased. The judge rejected claims that the 2005 Social Welfare Consolidation Act's exclusions amounted to discrimination, stating that the decision of who is entitled to the pension is a matter for the Oireachtas, not the court. O'Meara had applied for the pension in April 2021, but the Minister's refusal was upheld, and the judicial review was dismissed. The case clarified that the pension is not a benefit for children or for cohabiting partners.
In a High Court hearing on 7 October 2022, progress was reported in a dispute between RGRE Dev Co Number 5, the developer of the Treasury Annex Building at Lower Grand Canal Street, and residents of nearby Macken Villas who had blockaded the construction site. The developer, represented by Ciara Davin BL, sought an interim ex‑parte injunction to prevent the blockade from causing health and safety risks that could shut down the site. The court granted the injunction, which remains in force while talks continue. The developer claims the residents demanded an ex‑gratia payment to lift the blockade, which RGRE refused, arguing the blockade unlawfully interfered with its right to access the public road. The developer has addressed the residents' concerns about noise, dust, bin collection, emergency access, and communication, and has obtained planning permission to demolish a three‑storey building and erect an eight‑storey structure.
Ubiqube (Ireland), a software development company, applied to the High Court for an injunction to stop three individuals from acting as directors of the company. The defendants are Mr Jean‑Louis Clement, the company PIP Holdings Limited (which Clement allegedly controls), Mr Declan Merry, and Stephen McClure. Ubiqube claims that Clement and PIP Holdings, which own about 16% of the shares, have attempted a hostile takeover by appointing Merry, McClure and Clement to the board. The company says the resolution used to appoint them is unlawful and breaches the 2014 Companies Act, and that no evidence shows more than 50% of shareholders signed it. The court granted an ex‑parte injunction and allowed Ubiqube to serve the proceedings on two defendants, noting Clement is in Toronto and PIP is in Hong Kong. The injunction aims to remove confusion and bring certainty to the business.
An Irish woman, Elaine Sadlier, 55, is being sought in the UK on suspicion of assisting Michael Foran in the murder of his ex‑partner, Katie 'June' Jones, whose body was found in a bathtub in West Bromwich in 2018. Sadlier appeared at the extradition court in Birmingham, objecting to surrender under the post‑Brexit Trade and Co‑operation Agreement. A warrant issued on 14 June 2021 accuses her of aiding Foran, who pleaded guilty to the murder and received a life sentence with a minimum of 17 years. Another man, Keith O'Dwyer, was also convicted of assisting Foran and sentenced to 16 months. The court noted CCTV evidence of Sadlier and others transporting luggage in a Range Rover to Liverpool, then to a ferry to Ireland. The matter is adjourned to 27 October, with a submission deadline of 17 October.
Ben Gilroy's claim that he was discriminated against by Decathlon Sports Ireland Limited for refusing to wear a face mask because of a heart‑attack‑related disability was rejected by the Workplace Relations Commission. Gilroy said he had a heart attack in 2015 that left him physically impaired and unable to wear a mask for an extended period. He told the tribunal that on 19 August 2020 he entered a Decathlon store in Ballymun with his wife and three children, was asked by a security guard to wear a mask, and that he politely informed the guard he was exempt under the law. He claimed a young employee, who said he was the manager, offered him a mask and threatened to make him leave if he did not wear one. Gilroy said he again stated his exemption, refused to show a medical certificate, and that the situation became heated.
Jailed teacher Enoch Burke has formally lodged an appeal against a High Court injunction preventing him from attending or teaching at Wilson's Hospital School in Co Westmeath. The appeal, which is currently at the validated procedural stage of appeal, was lodged at the Office of the Court of Appeal (CoA) on Tuesday. Mr Burke, who was committed to prison until he agrees to obey an order not to attend or teach at the school, has not appealed the High Court orders committing him to prison for contempt. His appeal seeks to set aside orders including the granting of the temporary ex-parte injunction against him and the subsequent decision to keep the injunction in place pending the final hearing of the matter. He has also appealed against the High Court's dismissal of applications brought by him aimed at setting aside his suspension from the school. The appeal is due to be mentioned before a directions hearing of the CoA later this month but is unlikely to be heard before Christmas. Mr Burke, who objects to addressing a student with the pronoun 'they' and opposes 'Transgendarism', claims that the suspension is unlawful, unfair, and unreasonable and in breach of his constitutional rights to religion, freedom of expression, and conscience. His appeal is separate from the disciplinary process against him, which he denies. The school, which is located in Multyfarnham Co Westmeath, claims that Mr Burke's refusal to comply with the injunction was disruptive to the school's students at the beginning of the new academic year. Mr Burke has also brought his own proceedings against the school where he seeks various orders and declarations including a declaration that the disciplinary process against him is unlawful and a breach of his constitutional rights, including his rights to freedom of expression, conscience, and religion. He also seeks various orders preventing the school from continuing both his paid administrative leave and the disciplinary process against him. He further seeks an order preventing the school from dismissing him from his position. Mr Burke was placed on paid administrative leave pending the outcome of a disciplinary process commenced by the school, where he has been employed for several years. That process commenced after it is alleged that Mr Burke publicly voiced his alleged opposition to the school's principal direction to address a student, who wishes to transition, by a different name and by using the pronoun 'they' rather than he or she. The school claims that last June a service and dinner was held to mark its 260th anniversary, which was attended by clergy, staff, past and present pupils, parents, and board members. It is claimed that Mr Burke interrupted the service and said that the school's then principal, Ms Niamh McShane, should withdraw the earlier demand regarding the student. It is also claimed that he said that he could not agree with transgenderism, and said it went against the school's ethos and the teaching of the Church of Ireland. The school claims that after he spoke, members of the congregation and students walked out of the school chapel where the service was being conducted. After the meal he is alleged to have approached the Principal and again asked her to withdraw the request regarding the student. In a sworn statement to the court, Mr Burke said he rejects claim made by the former school principal Niamh McShane that he questioned her loudly at the function. Mr Burke said that the former principal's allegations against him are 'entirely false'.
Michael Flatley brought a High Court damages claim against several parties for alleged negligence in works carried out at his Castle Hyde property in Co Cork. The claim arose after a fire on 18 June 2015 damaged the historic house, which Flatley had been renovating since 1999. He alleged that the fire started in an electrical panel and spread, causing extensive damage, and that the plumbing system was incorrectly designed, leading to basement flooding. Flatley sued architect and interior designer Mr Peter Inston, consultant engineer Sean R. McCarthy, and engineering firm Malachy Walsh & Partners, claiming breach of contract, misrepresentation and negligence. All defendants denied the allegations and argued the claim was statute‑barred. On 29 July 2022 the parties settled the claim, the proceedings were struck out, and the settlement terms remain confidential. No further details were disclosed to the court.
In a High Court hearing, Dany Boon's legal team argued that several parties, including Thierry Fialek‑Birles and a group of Irish‑registered companies, had defrauded him of millions of euros. Boon claimed he had invested €4.5 m and later €2.2 m through SSMM, a company he said was advised by Birles, who presented himself as an Irish maritime lawyer. Boon alleges SSMM was used to divert his funds to accounts in South Korea and Panama, and that the Rossi family, purported owners of SSMM, do not exist. The court granted a freezing order preventing the defendants from reducing assets below €6 m, including a sailboat named 'Erin' and a property on Strand Street, Youghal. Boon seeks disclosure of documents to trace the missing money, while the defendants intend to fully oppose the action and may join the Rossi family as third parties if evidence of a sale is presented. The case is adjourned to November.
An 85-year-old retired Garda from Strokestown, County Roscommon has withdrawn his High Court appeal against a destruction order for his Jack Russell terrier, Kim. The dog bit a woman on the Strokestown Famine Trail on 6 March 2022 near Mr Rogers' home at Bumlin. The injured party required eight stitches and hospital treatment following the incident. Roscommon District Court issued the destruction order in late April under the Control of Dogs Act 1986, finding the dog dangerous and not properly controlled. Mr Rogers appealed to the Circuit Court, which dismissed his challenge and upheld the lower court's decision in May. When Mr Rogers sought further appeal to the High Court, he subsequently withdrew his application before the Deputy Master. The destruction order therefore remains in effect. The High Court heard the matter briefly before being struck out.
A development company, Salzagold Limited, secured a High Court injunction against up to 40 caravans occupying a greenfield site in Graigcullen, Co. Laois, which the company claims is a large‑scale illegal occupation. Mr Justice Brian O'Moore granted the injunction, ordering the occupants to vacate the property pending a hearing. The judge expressed concern over alleged anti‑social behaviour, including the operation of a tree‑felling business without proper health and safety measures, the burning of refuse, and joy‑riding vehicles. He noted that the site had previously been occupied in March, with a small group leaving shortly after. The injunction remains in force until the hearing, and the court warned that non‑compliance would result in serious consequences. At the time of the hearing, no occupants appeared in court, and the company had served short notice of the proceedings on the alleged occupants.
In a High Court case, swimming instructor Ricardo Rojas agreed to comply with an injunction issued by Mr Justice Conor Dignam that bars him from teaching swimming within a five‑mile radius of Swim Max Limited's premises until 22 October. The injunction, granted in June, enforces a restrictive covenant that Swim Max claims was part of Rojas's employment contract. Rojas, who left the company in late April, is also prohibited from using the firm's trade secrets or competing with Swim Max for six months after his departure. He accepted his former employment but contested the company's allegations, describing his former working conditions as stressful and toxic and expressing concerns about potential homelessness. Rojas denied any cost orders and said he would dispute them. Swim Max's owner, Ms Diana Daly, alleged that Rojas had been giving lessons at another pool shortly after leaving, potentially harming the company's reputation. The court will review costs on 22 October when the covenant expires.
The High Court heard that Irish Gold and Silver Bullion Ltd (IGSB) operated as a Ponzi scheme, defrauding customers who believed they were buying gold and silver. Liquidator Myles Kirby, appointed after the company's winding‑up, alleged that director and sole shareholder Nicholas Wickham misappropriated customer funds for personal benefit, failed to keep proper records, and made false representations about repayment. Kirby claimed no metal stock existed, that certificates issued were fabricated, and that customers' money was paid to earlier investors or third parties. He identified €1.03 million owed to creditors and secured a temporary freezing order against Wickham and a UK company he controls, preventing the disposal of assets valued at just over €1.03 million. The court ordered a media embargo until 00.01 on 27 July and allowed the defendants to apply to vary the order. The case remains at the freezing‑order stage.
A solicitor from Castlebar, County Mayo, has initiated High Court judicial review proceedings to challenge a Workplace Relations Commission decision that dismissed her unfair dismissal complaint against her former employer, Arthur Cox LLP. The adjudication officer's May 2022 ruling cited sustained disruptions during the hearing, which prevented the proceeding from continuing as scheduled. The applicant, representing herself, contests the decision as breached fair procedures and argues the adjudication officer incorrectly characterised unfair dismissal claims as adversarial rather than inquisitorial in nature. She also challenges the officer's refusal to summon defence witnesses and produce certain emails she considers material to her case. During proceedings before Ms Justice Marguerite Bolger, a heated exchange occurred between the applicant and the judge regarding amendments to pleadings and the judge's statement on public importance. The judge refused certain amendments but permitted others to be raised at a later hearing stage. The case will return before the court at a future date.
Salzagold Limited has applied to the High Court for an injunction to remove more than 40 caravans that have occupied its land at Graigcullen, Co. Laois, which is earmarked for a major housing development. The company alleges that the occupants, numbering over 150 people, have refused to leave and that the site has become a base for anti‑social behaviour. It claims the occupants have started large fires, dumped refuse, operated a tree‑cutting business without safety procedures, and engaged in joy‑riding and other dangerous vehicular activities. A local fire brigade recently had to extinguish a large fire on the site. The company also seeks an order against a spokesperson, Mr Hugh Doyle, and has obtained permission from Mr Justice Brian O'Moore to serve short notice of the injunction proceedings. The case is scheduled to return to court next week.
In a High Court hearing on 20 July 2022, the County Kerry Coursing Club, represented by David Sutton SC and Elizabeth Murphy BL, alleged that Ballybeggan Park Company Limited had wrongfully and aggressively locked them out of Ballybeggan Park, the former Tralee Racecourse, since 18 June. The club, the largest shareholder in the defendant company, claims it has no right to be denied access to the grounds or its sporting rights. It argues the lockout is linked to the company's plan to sell the land for €5 million, a figure it deems undervalued and unsupported by any proposal for accommodating coursing. The club seeks an injunction preventing further obstruction, an order for access to the land for coursing activities, and a prohibition on any adverse actions regarding the property.
An Taisce has brought a High Court action against the State, claiming that the Fifth Nitrates Action Programme (NAP) breaches Ireland's fundamental obligations under EU law. The trust argues that the NAP's approval will damage Irish waterways and protected sites through excess nitrate pollution, and that it prevents compliance with the EU Nitrates Directive, which sets a mandatory limit of 170 kg of livestock manure nitrogen per hectare per year, with a derogation allowing up to 250 kg. An Taisce says the derogation was granted by the EU Commission earlier this year, but that the NAP's implementation is unlawful and invalid. The court is asked to quash the NAP, declare that the State has breached EU directives on habitats, water frameworks and strategic environmental assessments, and to refer the case to the Court of Justice of the European Union to review the derogation's validity.
In a High Court hearing, Newmar Global Properties argued that Galway County Council's refusal to extend the time limit on planning permission for a nearly complete housing scheme at Tubber Road, Gort, was absurd and lacked a substantial reason. The developer, which is building 120 houses, 11 apartments and a creche, claimed the council's decisions offended natural justice and logic, and that the council had ignored an Appropriate Assessment submitted by Newmar. The council cited a failure to meet a four‑week deadline for further information and an alleged failure to include the assessment in the application. Newmar seeks judicial review to quash the refusals, declare them irrational, and order the council to grant the extensions. The case was allowed to proceed by Mr Justice Charles Meenan and will return to court after the new legal terms begin in October.
Daniel Kinahan has until October to decide whether to challenge the Criminal Assets Bureau (CAB) in its attempt to seize a south Dublin property linked to him and jailed businessman Jim Mansfield Junior. The High Court was informed that attempts have been made to serve papers at addresses linked to Kinahan in Dubai, but confirmation of receipt is pending. If Kinahan does not respond, Mr Justice Michael MacGrath will hold a hearing on October 3 to consider the CAB's request for the property to be seized. Thomas 'Bomber' Kavanagh, an associate of Kinahan, has already been served papers while in prison in the UK. Mansfield and his brother Patrick Joseph Mansfield have waived any claim over the property. It is alleged that Kinahan and Kavanagh provided Mansfield Jnr with €4.5 million in suitcases, which was to be invested in property for the cartel. The deal collapsed during the economic downturn, but it is alleged that Mansfield Jnr later repaid them by giving them a house in Saggart. The CAB proceedings were initiated to seize property in Dublin linked to Kinahan and Mansfield Jnr. Last February, the Special Criminal Court jailed Mansfield Jnr in an unrelated case for 18 months for ordering the destruction of CCTV footage showing him with a former employee on the morning the employee was kidnapped by republican terrorists. The court noted that Mansfield Jnr 'stood and watched' as his former security guard was taken by the kidnappers and 'placed in great danger'. Presiding judge Mr Justice Alexander Owens stated that Mansfield Jnr's actions fell into the category of 'foolish and selfish criminality' and that he sought to distance himself from involvement with the kidnappers.
In a High Court hearing on 18 July 2022, Ethical Farming Ltd challenged the State's policy allowing the live export of unweaned calves by sea to continental Europe. The NGO argued that such journeys, which can last up to 28 hours, breach EU animal welfare regulations because calves are not fed or given liquids during the trip. They also claimed that transporters fail to keep accurate departure logs, a requirement under EU law, and that incomplete information was provided in response to freedom‑of‑information requests. An expert report cited that calves can tolerate only about eight hours without milk, leading to hunger, distress, dehydration, higher mortality and disease. Ethical Farming seeks an order that the Minister complies with EU regulations, a declaration that the policy causes injury and suffering, and a declaration that inadequate record‑keeping breaches EU law. The case was heard ex‑parte by Mr Justice Charles Meenan and will resume after the new legal year.
The High Court has adjourned the extradition appeal of Imre Arakas to Monday next to fix a hearing date, during which he is to appear by video-link. Mr Justice Paul Burns directed the State to prepare a Section 20 request under the Extradition Act to clarify Lithuanian authorities' allegations regarding Arakas's specific role in the 2015 murder of Deimantas Bugavicius. Lithuanian police allege Arakas was part of a three-man gang that conspired to murder the victim, while Arakas claims he was in Spain on the relevant dates. An eyewitness to the murder stated that Arakas was not present at the scene. The court noted that Arakas was previously jailed by the Special Criminal Court for six years in December 2018 after pleading guilty to conspiring with others to murder James 'Mago' Gately in Northern Ireland between April 3 and 4, 2017. He has been in custody in Ireland since April 2017. The judge also referenced the separate extradition case of Liam Campbell, who was found civilly liable for the Omagh bombing and whose appeal to the Supreme Court resulted in a ruling permitting his extradition to Lithuania for offences including terrorism and weapons possession. The matter remains at the appeal stage, with the current session adjourned rather than concluded.
In a High Court hearing on 18 July 2022, Garda Sergeant Patrick Dunne filed a judicial review against the Garda Commissioner, the Minister for Justice and Equality, and the Attorney General, claiming the Commissioner had unlawfully failed to assess his €23,000 subsistence expenses claim. Dunne submitted the claim in August 2019 for the period July 2014 to October 2018, when he was stationed at Coolock Garda Station after a transfer from Swords. He alleges that the Commissioner refused his request to be stationed at Coolock and has not processed the claim for an unknown reason, despite repeated inquiries over three years. Dunne seeks orders compelling the Commissioner to assess the claim, declarations that the failure breaches his employment contract and rights, and that the Commissioner acted unlawfully. Judge Charles Meenan granted Dunne permission to proceed on an ex‑parte basis, noting the action was a "last resort." The case is scheduled to return to the High Court in November.
The High Court has heard arguments in a judicial review application by Tracey Tully, mother of murdered Irish Champion boxer Kevin Sheehy, challenging the Minister for Justice's decision to transfer convicted murderer Logan Jackson to a UK prison. Ms. Tully alleges the transfer breaches her rights under the 2017 Victim of Crime Act and the 2019 Parole Act, claiming it abdicating the State's responsibility for parole decisions and extinguishing her right to be consulted. She seeks a declaration that the decision is unconstitutional and an order quashing the transfer. The Minister's counsel argued that the legal threshold for leave was not met, asserting that Jackson's sentence was finalised and that UK systems allow victim input on parole. Jackson, who was convicted by a jury at the Central Criminal Court and sentenced to life imprisonment for Mr. Sheehy's murder, supported the Minister's position. Ms. Justice Siobhan Phelan reserved her decision on the leave application, indicating she intends to deliver her judgment before the current legal term concludes at the end of July. Jackson's proposed transfer remains on hold pending the outcome of this action.
An action challenging Ireland's 1977 Misuse of Drugs Act, which bans all products containing any amount of THC, has been opened before the High Court. The case was brought by Andrius Rogusas, who had oils imported from Slovenia seized by customs on 21 October 2020 because they contained THC. Rogusas argues that the goods, made in another EU country and containing less than 0.2% THC, are not narcotic drugs and that the ban contravenes EU law on the free movement of goods. He cites a Court of Justice of the European Union decision that allows products with less than 0.2% THC to be sold within the EU and claims that the State has failed to conduct the scientific assessments required to justify the ban. The State, represented by the Ministers and the Attorney General, maintains that THC is a controlled drug and that the ban is lawful. The hearing before Mr Justice Alexander Owens continues.
In a High Court hearing on 14 July 2022, French actor Dany Boon, represented by Rossa Fanning SC, claimed he was the victim of a sophisticated multi‑million‑euro fraud. Boon alleged that Thierry Fialek‑Birles, who posed as an Irish lord and maritime law expert, misled him into investing over €6.7 million through a network of companies, including South Sea Merchant's Mariners Ltd Partnership (SSMM) and others registered in Ireland and Samoa. Boon said he advanced €2.2 million for yacht maintenance and €4.5 million for a purported investment scheme with the Irish Central Bank, both of which he claims were never realised. He further alleged that SSMM was taken over by a fictitious Rossi family and that the money was transferred to accounts in South Korea and Panama.
Robert Duffy, a 50‑year‑old former IRA member, was jailed for life in Northern Ireland for the 1993 murder of John Gibson, a building contractor director. He was released on licence under the Good Friday Agreement in July 2000, but in 2008 he was convicted in the Republic of Ireland for attempting to murder Colin O'Neill at the Emerald Bar in Dundalk. Duffy pleaded guilty and was sentenced to life imprisonment after firing a shotgun at O'Neill, who survived but was injured. Following his conviction, his release licence was suspended by the Northern Ireland Secretary of State and a warrant was issued under the EU‑UK Trade and Cooperation Agreement to return him to Northern Ireland to serve the remainder of his sentence for Gibson's murder.
This report details the retirement of Ms Justice Mary Irvine, the first female President of the High Court, rather than an appeal proceeding. On her final day on the bench, tributes were paid by Attorney General Paul Gallagher SC, who described her as having an "unrelenting commitment to justice." Angela Denning, Chief Executive of the Courts Service, praised her work ethic and handling of the pandemic. Maura McNally SC, Chair of the Bar Council, and Michelle Ni Longain, President of the Law Society, also offered commendations. Ms Justice Irvine, appointed to the bench in 2007 and High Court President in 2020, is the first person to serve on the High Court, Court of Appeal, and Supreme Court. In her farewell address, she highlighted challenges including the pandemic, personal injuries guidelines, and judicial shortages. She expressed concern for families affected by birth injuries and Ward of Court applications, and advocated for increased medical resources for young people with eating disorders. While pleased with the advancement of women in the legal profession, she noted that prohibitive childcare costs remain a barrier for many women seeking to advance their careers. The event marked the conclusion of her judicial tenure, with no specific case findings, pleas, or sentences recorded in this tribute.
In July 2022, Energia Group Holdings and its subsidiaries, together with GR Wind Farms and its subsidiaries, filed High Court challenges against the Commission for Regulation of Utilities (CRU). The CRU had decided not to provide compensation to wind‑farm operators who are instructed to shut down temporarily because of grid constraints, contrary to an EU regulation that requires such compensation. The applicants argue that the CRU lacks the authority to make that decision and that it failed to consider relevant factors while taking into account irrelevant ones, rendering the decision irrational and procedurally unfair. They seek orders to quash the CRU's decision, compel the regulator to enforce the EU regulation, and declare the decision invalid for breaching constitutional and EU law. Eirgrid Plc is a notice party. Mr Justice Anthony Barr granted ex‑parte permission, setting a return date for October.
A 15‑year‑old student, Ethan Boone, and his mother, Cathy Ho, have filed a High Court challenge in Ireland alleging that the Chinese Embassy is drafting the Mandarin Chinese curriculum and that the Minister for Education unlawfully consulted with the Chinese Ministry of Education. The case centres on the requirement that Leaving Certificate Mandarin Chinese exam answers be written in simplified characters, which the student claims is unlawful and illogical, especially since his mother teaches him traditional characters used in Taiwan, Hong Kong, and Macau. The applicants argue that the Minister's refusal to accept traditional characters is unlawful, under‑inclusive, and contrary to the 1998 Education Act, EU law, and the European Convention on Human Rights. They seek orders to allow traditional characters in marking, declarations of unconstitutionality, and a declaration that a memorandum of understanding with China is impermissible.
A High Court jury could not reach a verdict after a six‑day trial and over six hours of deliberation in a damages action brought by a man in his early 70s who alleges he was sexually and physically abused by a former teacher and a Roman Catholic religious order in the 1950s. The plaintiff claimed the teacher had orally raped him on two occasions, once in a classroom and once in the cloakroom, and had physically assaulted him for various reasons. He also alleged that the religious order failed to protect him. The teacher, now in his 90s, denied all allegations, calling them "rubbish" and insisting the abuse never happened. The religious order also denied the claims. The judge discharged the jury, exempted them from duty for ten years, and said the case would be heard by another jury at a future date, with priority given to scheduling a hearing.
In a High Court decision, Mr Justice Tony Hunt ruled that the European Court of Justice's 2022 ruling in Graham Dwyer's case, which declared the indiscriminate retention of mobile‑phone data for criminal investigations unlawful, does not automatically exclude such evidence from Irish courts. The judge held that Gardaí investigating the murder of 22‑year‑old Jordan Davis were entitled to access the killer's phone records. He emphasized that the right to privacy is not absolute and must be balanced against the rights of society and victims. Mr Justice Hunt noted that the 2011 Communications (Retention of Data) Act was lawful under Irish law, even though parts of it conflicted with EU fundamental rights. He concluded that the evidence gathered in 2019 remains admissible, as the CJEU ruling does not compel automatic exclusion of data used in investigations. The judgment clarifies how Irish courts may interpret the EU decision in future cases involving mobile‑phone data.
Mr Gearoid (Gerry) Johnson, a secondary school teacher with over 26 years of experience, has launched a High Court challenge against the Teaching Council. He seeks to quash the Council's decision to refer a complaint against him to its Disciplinary Committee. The complaint stems from social media posts made between 2015 and 2016 regarding Islam, homosexuality, and transgender issues, which were subsequently deleted. Mr Johnson denies any wrongdoing, asserting that the posts expressed personal views and did not constitute professional misconduct. He claims the Council breached his constitutional rights to freedom of expression and private life, arguing the referral was unlawful, irrational, and failed to follow fair procedures. The Council alleged he lacked commitment to equality and inclusion. Mr Johnson also disputes a prior dismissal by the City of Dublin Education and Training Board (ETB) in 2020, which he claims was linked to the social media complaints and an alleged bullying investigation he denies. He states he has not been charged with any criminal offence. The case is at the pre-trial stage, with permission to bring the challenge granted on an ex-parte basis by Mr Justice Anthony Barr. The matter was adjourned and will return before the court in October.
An appeal by former Sinn Fein councillor Jonathan Dowdall, aged 44, against the High Court's refusal to overturn the Director of Public Prosecutions' decision to try him for the Regency Hotel murder at the Special Criminal Court, has been struck out by the Court of Appeal. Dowdall and Gerry 'The Monk' Hutch, aged 58, are charged with the murder of David Byrne, 33, at the Regency Hotel in Whitehall, Dublin, on 5 February 2016. Both men had sought judicial review at the High Court, arguing that a non‑jury trial before the SCC would be unlawful and a breach of their fundamental rights, claiming the court was a permanent institution established on a temporary basis. Mr Justice Anthony Barr dismissed the actions, ruling that the legislation was not temporary and had no temporal limit. The Court of Appeal struck out Dowdall's appeal, following a decision by the Supreme Court to hear the Hutch and Dowdall appeals next Tuesday.
In a High Court civil hearing, a man in his 70s claimed he was sexually and physically abused by his primary school teacher, a member of a Roman Catholic religious order, during the late 1950s and 1960s. He said the abuse occurred when he was about six or seven, involving forced oral sex in the classroom and cloakroom, and physical assault. He reported long‑term trauma, PTSD, self‑loathing, and suicidal thoughts, and only recalled the events after counselling in 2010. He sued the teacher and the order for damages, alleging the order failed to protect him. The retired teacher, aged in his 90s, denied all allegations, calling them "rubbish", and claimed no memory of teaching the complainant or any abuse. The case is being heard by a civil jury presided over by Mr Justice Alexander Owens. The hearing continues.
The Commercial Court has reserved a decision on an application to hold several directors of DQ Entertainments Ireland Ltd personally liable for about €30 million of the company's debts. Mr Justice Mark Sanfey was asked to order winding up of the firm and to make directors Rashida Adenwala, Tapaas Chakravarti and Sanjay Choudhary, all based in India, personally liable for the debt. The receiver, Mr Patrick Bance, claims that the directors knowingly ran the business recklessly, defrauded creditors, failed to keep proper records, misapplied company money and breached trust. The application was heard before the judge on an uncontested basis; no respondents appeared. The judge reserved his decision, expecting to give judgment shortly. The case also noted that proceedings against two Irish‑based directors were struck out.
Start Mortgages DAC secured a temporary High Court order to appoint a receiver over an estimated €125,000 insurance payout to a convicted child rapist who is currently in jail and owes the company over €400,000. The man, who was jailed for 12 years in 2014 after being found guilty of rape and sexual assault of a seven‑year‑old girl, had obtained a mortgage of over €265,000 from Start for a property in the South‑East. A year later the property was destroyed by fire and insured by Zurich, which agreed to pay over €222,000 for reconstruction. Zurich paid an initial €85,000 to the man's lawyers, of which Start claims €30,000 was used to clear mortgage arrears. Start alleges the property was never rebuilt and the funds were misused. After the man's imprisonment, Start sold the derelict property for about €33,000 and seeks to recover the remaining insurance proceeds.
Microclean Environmental Ltd, a specialist oil‑spill cleaner, obtained a temporary freezing order against directors Gal and Orit Brahami, claiming they owe €147,000 for work carried out in 2016 on a Dublin 4 property. The company alleges the couple are attempting to move assets out of jurisdiction to avoid payment. The High Court, on an ex‑parte basis, granted an injunction preventing the couple from dissipating or reducing assets below €147,000. Microclean says the work cost €192,000, with €147,000 outstanding, and that a settlement agreement was reached after the Brahami's negligence claim against the spill's responsible party was resolved and adjourned to July. The company has not received the balance after five years and fears the couple will remove payments from the jurisdiction. The case will return to court next week.
A Dublin High Court hearing on 24 June 2022 heard that a man convicted of Islamic terrorism offences in France, Youcef Madani, should not be extradited to Paris because the conditions at Villepinte remand centre are alleged to be inhumane. Thomas Horan BL argued that the centre was overcrowded, with 979 inmates in a facility designed for 583, and that prisoners lacked showers and were sleeping on mattresses on the floor. He further contended that the European Arrest Warrant issued by the French prosecutor did not provide "effective judicial protection" and that Madani had not been given an opportunity to challenge the warrant. Horan also noted that French courts had convicted Madani in his absence in 2001 and would offer a retrial if he were returned, implying that his right to defence was not met. The State's counsel, Elva Duffy SC, was scheduled to respond on 13 July.
During a sentencing hearing in the High Court, Mr Justice David Keane said that character referees for convicted criminals should be required to appear in court for cross‑examination. The judge was hearing the case of a 38‑year‑old Tipperary man convicted of repeated rape and sexual assault of his son, who was aged between one and eight at the time of the offences. Lawyers had requested that the court receive character references from the man's partner, parents and GP. Mr Justice Keane referred to a recent Court of Appeal dicta that any person wishing to give a character reference must be present in court and available for cross‑examination, and he suggested that references from family members might be given limited weight. The judge also noted that the victim, now a teenager, had stated that the abuse had no lasting effect on him. The case was adjourned to 1 July, and the defendant was remanded in custody.
In a High Court application, Tomasz Blazejewicz, a sales executive from Killorgan, claims that a Garda officer fraudulently obtained his private data following a dispute over an online advert on Advert.ie. Blazejewicz alleges that after a heated exchange with the seller of an electric drone, identified as 'Appletartman', he received a threatening phone call and a WhatsApp message containing his personal information, including IP address, mobile number, and Adverts.ie user ID. He asserts that the Garda requested his data via a Data Request Form sent to Adverts.ie on 25 August 2021, five days before the phone call and two days after the forum exchange. Blazejewicz says no criminal investigation took place and that the Garda who made the request is either the seller or someone known to the seller.
Leitrim County Council has obtained High Court orders against individuals it alleges unlawfully occupied part of the Shannonside View Traveller Group Housing Scheme in Carrick-on-Shannon earlier this month. The council claims persons wearing balaclavas cut open a locked barrier and positioned two caravans on a derelict bay adjacent to a creche, causing distress to children and staff. Three individuals identified as John Mongan, John Mongan Junior, and Margaret Mongan, said to have relocated from Dublin, refused the council's requests to vacate. Mr Justice Brian O'Moore granted interim orders on an ex-parte basis restraining the named defendants and other occupants from remaining on or interfering with the site. The judge also prohibited further structures being placed on the land without council consent. The council cited serious health and safety concerns, noting the bay was closed and unsuitable for occupation. The housing scheme comprises fourteen allocated bays managed by the council on a contractual basis and is not designated as a transient site. The matter will return to the High Court later that month.
Paulo Nascimento, 46, serving a life sentence for the 2002 murder of Grainne Dillon, has lodged a High Court challenge against the Minister for Justice. He argues that the Minister has refused to consider his entitlement to parole under the newly established statutory Parole Board, despite earlier recommendations for temporary release under the former non‑statutory system. Nascimento claims that the Minister's refusal to act on his parole application breaches his rights and the Minister's duties. He seeks orders requiring the Minister to decide on his release, declarations that the Minister's refusal is unlawful and a breach of his constitutional rights, and that the Minister's actions amount to a failure to fulfil her duties under the European Convention on Human Rights. The case was granted permission to proceed and is scheduled to return to court in October.
The parents of a boy who was allegedly attacked by a Pit Bull while visiting a private residence claim that the 1986 Control of Dogs Act is unconstitutional because it does not provide the same protection for victims on private property as it does for those in public places. They have filed a High Court judicial review after local Gardaí and the council's dog warden refused to investigate the incident, stating it could not be investigated because it occurred on private property. The parents argue that the Act allows fines, penalties and destruction orders for dogs not kept under control in public places, but offers no such protection for a lawful visitor in a dwelling who is attacked by a dangerous dog owned by the property's owner.
In a High Court hearing on 17 June 2022, Mr Justice Conor Dignam granted a temporary injunction against former Swim Max Limited instructor Ricardo Rojas. The injunction, issued by Limerick‑based Swim Max, bars Rojas from giving swimming lessons within a five‑mile radius of the firm's premises for an initial period of three weeks. It also prohibits him from using the company's trade secrets or confidential training methods and from competing with Swim Max in that area. Rojas, who left the company in April 2022, had been teaching lessons at a local leisure centre, breaching a restrictive covenant in his employment contract that forbids such activity for six months after departure. The injunction was granted after the firm's founder, Ms Diana Daly, presented evidence that Rojas was still instructing clients and that the company feared reputational damage.