My Tax Back Limited, an Irish tax preparation company, has launched High Court proceedings against Google Ireland Limited over the suspension of its Google Ads account. The applicant alleges that Google unlawfully suspended its advertising on March 11, 2022, citing breaches of terms of service, while the company disputes these assertions and claims its services fall under an exemption. My Tax Back estimates it is losing €9,500 daily and argues it is unlikely to survive if the dispute lasts more than six months. Represented by Arthur Cunningham BL, the company seeks an injunction to allow it to advertise pending a full hearing, declarations that the suspension was unlawful and its services are not restricted, enforcement of its advertising agreement, and damages for alleged breach of contract. The matter was heard by Mr Justice Senan Allen on an ex parte basis. The judge granted the applicant permission to serve short notice of the injunction proceedings on Google. The case was adjourned and will return before the Court next week.
A fresh High Court challenge has been brought against a pay and conditions order for electrical workers by Náisiúnta Leictreach Contraitheor Eireann/National Electrical Contractors of Ireland (NECI). NECI seeks to have the Sectoral Employment Order (SEO), which came into effect in February 2023, quashed. The SEO was made under the 2015 Industrial Relations Act following a Labour Court recommendation to the Minister for Enterprise, Trade and Employment. NECI claims the Labour Court did not adequately consider its submissions, failed to explain why small electrical contractors were included in the SEO, and did not provide sufficient reasoning for many of its findings. It further alleges the Labour Court's decision was irrational and unreasonable, and that the SEO imposes unachievable employment conditions, including pension, sick pay, and death in service schemes not available in Ireland. The SEO also contains vague requirements that are not clearly defined. Represented by Helen Callanan SC, NECI has brought judicial review proceedings against Minister Leo Varadkar. The application was heard by Mr Justice Charles Meenan, who granted permission for the challenge and adjourned the matter to a date in May. This follows a previous challenge to an earlier SEO, which was overturned by the Supreme Court in 2022.
A Garda, whose name is withheld for legal reasons, has filed a High Court action to halt an internal Garda disciplinary inquiry into an allegation that he groped a waitress's breasts in August 2014. The Garda claims the probe, set up in August 2021, is flawed and should be dismissed. He argues that the investigation was delayed, that no admissible evidence supports the allegation, and that the inquiry breached his rights to fair procedures and natural justice. The allegation arose when the waitress, who has declined to testify, told a Garda Inspector in 2020 that the Garda had approached her from behind, put his arms around her and grabbed her breasts. An inspector interviewed other witnesses, including the Garda's then fiancée, who said she saw nothing untoward.
A solicitor from Castlebar, County Mayo, has sought the recusal of an adjudicator appointed to hear her unfair dismissal complaint against Arthur Cox Solicitors in Dublin. The woman alleged the adjudicating officer shared political affiliations and professional connections with the opposing barrister, specifically referencing shared involvement with the Free Legal Advice Centre and Labour Party membership. The adjudicator denied having maintained contact with the barrister and stated he resigned from the Labour Party upon becoming a civil servant. Leading counsel for Arthur Cox characterised the submissions as groundless and the questioning as abusive. At the preliminary hearing before the Workplace Relations Commission, the adjudicator reserved his decision on the recusal application and indicated he would deliver his ruling by email. The substantive hearing of the unfair dismissal case is scheduled to commence the following week at Lansdowne House, Dublin.
Diarmuid Rossa Phelan, a senior counsel aged 53, is appealing a High Court refusal of bail after being charged with the murder of Keith Conlon, 36, who died two days after a fatal shooting on Hazelgrove Farm in Tallaght on 22 February. Phelan, who teaches at Trinity College Dublin, argued that a bail refusal would ruin his life's work, but Justice Deirdre Murphy denied the application, citing a serious flight risk. She noted that Phelan's assets, including a 180‑acre farm in Tallaght and a 45‑acre farm in Wexford, were substantial and could be realised without state knowledge, and that he and his children are U.S. citizens, which could facilitate evasion. The Court of Appeal was informed that Phelan intends to appeal, and a hearing is scheduled for 5 April. The judge emphasised that the bail decision was based on the strength of evidence and the potential for flight.
A High Court judge has ordered Gerry Adams to pay the legal costs incurred by the BBC in two pre-trial motions relating to his defamation action against the broadcaster. The case concerns the BBC's 2016 Spotlight programme and subsequent article reporting allegations that Mr Adams sanctioned the killing of former Sinn Féin official Denis Donaldson in County Donegal in 2006. Mr Adams denies involvement in the death and claims the allegations are false and defamatory. The BBC denies the defamation claim. Ms Justice Emily Egan dismissed Mr Adams' application to strike out sections of the BBC's defence and ruled that the broadcaster was entitled to discovery of certain documents relating to Mr Adams' alleged IRA membership and involvement with its army council. However, the judge rejected the BBC's application for discovery of materials relating to a 1987 press conference. Justice Egan stayed the costs order pending the outcome of the full defamation trial.
Arderin Distillery Ltd, based in Tullamore, has brought a judicial review to the High Court claiming it was treated unfairly by Revenue when the company sought tax relief on alcohol used to produce hand sanitiser for hospitals during the Covid‑19 pandemic. The distillery argues that it purchased 50,000 litres of ethanol in March 2020, after receiving assurances from a Revenue official that it would not have to pay Alcohol Products Tax (APT). It asserts that it complied with all required forms and that Revenue had previously granted relief for up to 80,000 litres. Revenue denies ever approving the relief, stating it never made a decision to grant or refuse the company's request and that the company's claim is unsupported. The case is pending a decision from Justice Siobhan Phelan, who has reserved judgment following submissions from both parties. The distillery seeks orders to quash Revenue's alleged refusal, prevent an APT assessment, and declare the relief unreasonable.
An environmental group has successfully resolved a High Court challenge to a County Roscommon flood relief scheme. Friends of the Irish Environment (FIE) brought judicial review proceedings against Roscommon County Council and the State, contesting the council's October 2021 decision to approve an emergency scheme involving a three-kilometre pipeline to transfer water from Lough Funshinagh to Lough Ree. FIE argued the project breached EU environmental law and lacked necessary environmental assessments. On Wednesday before Mr Justice Garrett Simons, the council consented to orders quashing its original approval decision. The court heard that constructed pipeline sections and associated infrastructure cannot be used without High Court permission, and remedial works on affected lands must proceed as agreed. The council has undertaken to pay FIE's legal costs. The judge noted there were significant difficulties with the council's decision and commended both legal teams for resolving the matter. No order on costs was made regarding the State respondents.
In a High Court decision on 22 March 2022, Mr Justice Charles Meenan granted a judgement of just over €7 million to the financial fund Promontoria (Arrow Limited) against Thomas Dowling, who now lives in the UK. Promontoria claimed that Dowling's liability stemmed from a failure by Danum Development Limited to repay a €4.69 million loan taken in 2006 to buy 8.5 acres of land at the Whitehall Estate, Daingean Road, Tullamore, where 55 houses were planned. The loan was originally borrowed from Anglo Irish Bank, transferred to NAMA after Anglo's collapse, and later acquired by Promontoria in 2015. Dowling and three other parties had given personal guarantees for the borrowing. Promontoria demanded repayment in April 2016, which Danum did not pay, and in 2018 demanded repayment from Dowling and the other guarantors. Dowling, described as an experienced Irish businessman, failed to repay the amount now due, which Promontoria says is approximately €7 million.
In a High Court ruling on 21 March 2022, the court ordered An Garda Síochána to provide investigative materials to a Dublin woman who is suing Conor McGregor and an associate for personal injuries arising from a December 2018 incident. The order, made by Ms Justice Emily Egan, requires the Garda to disclose statements given to them by the defendants and witnesses, CCTV stills and photographs from various Dublin locations between 8 December 2018 and 10 December 2018, and data from mobile phones obtained during the investigation. The data must be limited to that generated between 31 October 2018 and 10 December 2018, with further restrictions on material relating to the plaintiff and defendants. The Garda must also disclose results of medical toxicology, technical, or forensic analysis. The discovery must be completed within ten weeks, and the defendants' lawyers will receive copies of the material disclosed to the plaintiff.
In a High Court hearing on 21 March 2022, Justice Deirdre Murphy refused bail to Diarmuid Rossa Phelan, a 53‑year‑old barrister and law lecturer, who is accused of murdering Keith Conlon, a 36‑year‑old father of four, in a fatal shooting on a farm in Tallaght on 22 February. The judge found that Phelan posed a serious flight risk, citing the seriousness of the murder charge, the strength of the evidence, his substantial assets—including a 180‑acre farm in Tallaght and a 45‑acre farm in Wexford held through companies registered in Northern Ireland—and his status as a U.S. citizen. The court noted that Phelan had used multiple addresses in south Dublin and that his assets could be realised without state knowledge. The judge concluded that the balance of probabilities indicated a powerful incentive for Phelan to evade justice, and therefore denied his bail application.
The High Court has adjourned a judicial review challenge to Tipperary County Council's decision to grant planning permission for the Carrick-On-Suir Regeneration Plan. The matter was heard by Mr Justice Charles Meenan, who noted the application's complexity and indicated it would require at least half a day for consideration. The case was brought by the Sean Treacy Park Resident's Association, represented by John Kenny BL, against the Council, Ireland, and the Attorney General. The applicants allege that the proposed development, which includes street alterations, new parking, and demolition, will cause unreasonable interference with amenities at Sean Treacy Park, the local environment, and the River Suir. They further claim the plan materially affects protected structures, including Ormonde Castle. The group contends the Council's decision is invalid because the Environmental Impact Assessment relied on inadequate information and that the process breached the EU Strategic Environmental Assessment directive by extending the 2013 Development Plan without a new assessment. Additional grounds include a lack of adequate notice regarding the permission-granting meeting and failure to provide statutory notice for works on protected structures. The applicants seek to quash the permission, obtain declarations regarding the Planning and Development Act's compliance with EU directives, and secure a stay on the proposed works. Mr Justice Meenan adjourned the proceedings to a date in December.
Diarmuid Rossa Phelan, a senior counsel and law lecturer aged 53, is accused of murdering Keith Conlon, a 36‑year‑old father of four, in a fatal shooting on farmland in Tallaght on 22 February. The High Court heard that Phelan allegedly shot Conlon in the back of the head after a verbal altercation, following an earlier incident in which he fired at Conlon's dog with a rifle. Phelan claims the shooting was accidental, describing it as an "arc" that left him stunned. He has stated he will not leave the jurisdiction and that his career and reputation depend on clearing the matter. Phelan's defence argues that denying bail would "utterly ruin" him, citing his assets, family ties, and professional standing. The court will decide on bail on Monday.
In a High Court challenge, Dr Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, alleges that the Data Protection Commission (DPC) failed to fully investigate his 2018 complaint about Google and IAB Europe's use of Real Time Bidding (RTB) for targeted advertising. Ryan claims the DPC's delay breaches the 2018 Data Protection Act and GDPR, citing unauthorized and potentially unlimited disclosure of personal data. He argues that the companies have not demonstrated lawful and fair processing or minimisation of data. The DPC opened an inquiry into RTB in May 2019, but Ryan contends the investigation was incomplete. He seeks a declaration that the DPC failed to conduct a diligent investigation within a reasonable time, an order to continue the investigation without delay, and referral to the European Union Court of Justice. The case was adjourned to May after Mr Justice Charles Meenan granted Ryan permission to proceed.
In a High Court judgment, Ms Justice Siobhan Phelan held that the Health Service Executive's (HSE) Standard Operating Procedure (SOP) for assessing children with suspected educational and health problems fails to comply with the 2005 Disability Act. The judge considered two judicial review cases brought by minors whose assessments, carried out under the SOP in 2021, were challenged as not meeting statutory time limits and lacking proper diagnosis. The SOP, introduced in January 2020, provides a preliminary, triage‑type assessment of 60 to 90 minutes, omitting a full diagnosis. Justice Phelan found that this approach does not satisfy the Act's requirement for a comprehensive assessment, thereby breaching the children's rights to a timely, detailed evaluation and to a report of services. She also noted that the HSE's use of the SOP effectively altered the statutory requirements, undermining the state's duty to identify and meet children's needs. The applicants were entitled to costs.
The High Court in Dublin has ruled that the BBC is entitled to discover documents former Sinn Féin leader Gerry Adams may hold concerning his alleged IRA membership and involvement with the organisation's Army Council. Ms Justice Emily Egan rejected Mr Adams' argument that such discovery would be unduly burdensome, noting she doubted a clandestine organisation would retain formal documentation. However, the court dismissed the BBC's application for discovery of materials relating to comments Mr Adams allegedly made at a 1987 press conference regarding consequences for informers. The ruling came in Mr Adams' defamation action against the broadcaster over a 2016 Spotlight programme claiming he sanctioned the 2006 killing of Denis Donaldson near Glenties, County Donegal. Mr Adams denies the allegation. The judge also rejected his bid to strike out the BBC's defences of qualified privilege and fair publication on matters of public interest, determining these issues should proceed to jury trial.
In March 2022 the Court of Appeal upheld a trial judge's decision to direct a jury to acquit a 72‑year‑old man of four historic child sex‑abuse charges. The accused had pleaded not guilty to indecent assault allegations dated between April 1968 and December 1970, involving a complainant aged seven to nine at the time. The complainant first reported the allegations to Gardaí in January 2015. The case was returned to the Bray Circuit Criminal Court in November 2016 and the trial began in March 2019. After a single day, the judge refused the Director of Public Prosecutions an adjournment and, because the chief witness could not attend, directed the jury to acquit the accused of all charges. The Director of Public Prosecutions sought a judicial review, arguing the judge had exceeded his jurisdiction, but the High Court dismissed that claim.
In March 2022 the High Court heard a challenge by Sergeant Martin Bright, a serving soldier and Deputy General Secretary of the Permanent Defence Force Other Ranks Representative Association, against an order issued by the Deputy Chief of Staff in August 2018. The order directed all members of the Permanent Defence Forces to refrain from attending unofficial parades and protests, including a 2018 Dublin City Centre protest about army pay and conditions that Bright intended to attend. Bright argues the order infringes his rights to freedom of assembly and expression, and seeks a declaration that the order is unlawful, outside the Deputy Chief of Staff's powers, and unconstitutional under the European Convention on Human Rights. The Defence Forces argue Bright lacks standing, the order is within his authority, and that the protest was a political demonstration. The case is before Justice Mark Sanfey.
In a High Court judgment on 8 March 2022, Lidl secured a judicial review of a 2018 price survey commissioned by Aldi and conducted by Grant Thornton. Lidl alleged that the survey's methodology was flawed, particularly that it failed to compare 'like with like' products and that Aldi's prices were taken from a master list rather than in‑store prices. The survey, which compared an average basket of 62 items from Aldi, Lidl, Tesco, SuperValu and Dunne's Stores, had concluded that Aldi was the cheaper retailer. Lidl's formal complaint to Chartered Accountants Ireland (CAI) was initially dismissed by an independent committee, which found no case against Grant Thornton. An independent review later confirmed methodological weaknesses, prompting the matter to be remitted back to the CAI for a fresh reconsideration by a new review committee. The High Court agreed that the decision was legally flawed and quashed it, allowing Lidl to pursue a new review of the complaint.
Imran Ali, an applicant with Portuguese citizenship, secured High Court permission to challenge a €2,000 fixed penalty notice issued for travelling to Portugal during 2021 public health restrictions. Mr Justice Garrett Simons ruled that Ali met the legal threshold for a full judicial review hearing, noting the case raises significant issues regarding EU citizens' rights to exit Ireland and free movement under the Treaty on the Functioning of the European Union. Ali claims the regulations were insufficiently clear and that the potential penalties—including a fine up to €4,000 or one month's imprisonment—are disproportionate and breach the Constitution and the Charter of Fundamental Rights of the EU. He alleges he travelled to assist his wife and sons in extending their immigration permissions, a purpose he argues constituted a reasonable excuse. The State opposed the application for leave. The court did not finally determine the merits of the judicial review but found an adequate factual matrix existed to adjudicate the legal questions. A stay on Ali's prosecution was continued pending the outcome of his action. The matter was adjourned and will return before the court later this month.
In a High Court case, Detective Garda Cathal Brennan sought relief after being told he had to re‑apply for a Health and Safety role he had held since 2011. Brennan, appointed Regional Health and Safety Officer for National Support Services (Special Crime Operations), was informed in 2017 that he would be stood down and that a competition would be held to regularise the position. He claimed this amounted to a breach of his employment contract and sought declarations that he was validly appointed and entitled to continue in the role, as well as injunctions against appointing others. The court, with consent from all parties, declared that Brennan was validly appointed in February 2011 and that he was entitled to continue in his role under the terms of his service. An order for the defendants to pay his legal costs on the Circuit Court scale was also made, and the proceedings were struck out.
A 26-year-old man who pleaded guilty to dangerous driving causing death has consented to his surrender to Northern Ireland authorities at the High Court. Conor Jeremiah Briody was sentenced to six years imprisonment, with three years suspended, by Newry Crown Court in October 2016 following a high-speed chase in Enniskillen in August 2014. The court heard he was significantly over the drink-drive limit when driving at speeds up to 100mph. A passenger, Vaidas Urbonas, died six days after the crash. After serving three years, Briody was released on licence but breached conditions by relocating to the Republic without probation service approval. A warrant for his arrest was issued in September 2021, and he was apprehended in December. Ms Justice Caroline Biggs granted bail with residence at an Edgeworthstown address, requiring daily reporting to Longford garda station. Briody was remanded pending his surrender within twenty days.
A senior High Court judge has granted former Stardust manager Eamon Butterly permission to bring a judicial review challenge aimed at preventing a new inquest into the 1981 Stardust fire from considering an unlawful‑killing verdict. Butterly, who owned the nightclub with his family, claims that the new hearing could wrongly target him for such a verdict. The families of the 48 victims, who have opposed his application, argue that the challenge is premature, especially as it is launched weeks before the inquest is set to begin. The judge, who is not yet ruling on the merits, noted that time is of the essence and that the proceedings should be heard as soon as possible. The challenge seeks an order to prohibit the coroner from considering an unlawful‑killing verdict, to quash the coroner's refusal to rule it out, and to declare that such a verdict cannot be lawfully returned under the Coroners Acts.
The High Court heard that Miriam O'Callaghan's action against Facebook Ireland, formerly Meta Platforms Ireland, has been settled. The broadcaster alleged that defamatory and untrue advertisements posted on Facebook and Instagram in May 2018 falsely suggested she had left her position at RTE's Prime Time to endorse skin care products. Ms. O'Callaghan claimed these malicious third-party ads caused distress, damaged her reputation, and exploited public trust. She sought damages for defamation, malicious falsehood, and unlawful appropriation of personality, along with a permanent injunction. During the proceedings, she secured an order for subscriber information, which identified 51 names in the United States and the Balkans as co-defendants, though no real persons were identified. In the settlement, Meta Platforms Ireland issued an unreserved apology, acknowledging the ads caused distress and embarrassment. The company agreed to use robust measures to tackle such advertisements and will introduce an additional scam ad reporting tool for Irish users, allowing reports to be submitted to a specialist team. Ms. O'Callaghan's legal team stated the settlement achieved their client's objectives of terminating the fake ads and vindicating her reputation. The matter was resolved by agreement, with the court noting the cessation of the fake adverts and the implementation of the new reporting mechanism.
A 55-year-old man from Longford town is fighting extradition to France to serve the remainder of a custodial sentence for offences relating to the transportation of war materials, the High Court heard on Wednesday. Roger Bergin was arrested in January 2003 after customs officials discovered approximately 775 kilograms of cannabis resin, cocaine, two handguns, ammunition and cash concealed in a truck at the France-Spain border. He was subsequently convicted and sentenced to four years imprisonment. Following his release in 2005, French prosecutors successfully appealed his acquittal on firearms charges, prompting the issue of a European Arrest Warrant in 2006. Bergin contends the French authorities had knowledge of his Longford address for over fifteen years without pursuing his arrest, and that he was denied a fair opportunity to appeal his conviction. Justice Caroline Biggs noted the alleged denial of appeal rights as central to the case. The matter was adjourned to 23 March.
A man in his fifties, whose identity is withheld for legal reasons, has filed a High Court application to stop a pending trial for indecent assault against his nephew. He denies the charge and argues that the prosecution has been delayed for over 33 years, citing the deaths of potential witnesses who could exonerate him as a reason for an unfair trial. The alleged assault took place at the nephew's home sometime between early 1987 and late 1988, when the accused was in his late teens and the complainant was a primary‑school student. The case was charged last year after the accused had attended a voluntary interview with the Gardai. In his judicial review, the accused seeks orders preventing the trial, declarations that the prosecution breaches his constitutional and European Convention rights, and that it is oppressive and infringes his private life. Mr Justice Charles Meenan granted the lawyers permission to proceed and the matter was adjourned to April.
In a case heard by the Court of Appeal, the appellant argued that the trial judge had exceeded his jurisdiction by directing a jury to acquit a 72‑year‑old man of four historic child sex‑abuse charges. The accused had pleaded not guilty to indecent assault allegations dating from 1968 to 1970. The complainant, a relative of the accused aged seven to nine at the time of the alleged offences, first reported the allegations to the Gardaí in January 2015. The accused was returned to trial in November 2016, but the trial lasted only one day because the judge refused to grant the Director of Public Prosecutions an adjournment. A pre‑trial hearing in March 2016 had informed the court that the complainant could not attend proceedings, and with the chief witness unavailable the judge directed the jury to acquit the accused of all charges the following day.
Independent Councillor Jimmy Guerin has brought a High Court action against Fingal County Council, challenging the alleged removal of parts of a public meeting recording from the council's website. The applicant claims that the removal of his comments, made during a January 18th meeting concerning the Development Plan, and the subsequent refusal to provide a record of the meeting breach his right to freedom of expression. Cllr Guerin alleges he raised bona fide questions regarding a potential conflict of interest involving another council member. He claims that following a letter from solicitors acting for that member, the council's chief executive decided to remove the relevant sections from the website and deny him access to a transcript or full recording. The applicant asserts these decisions are unlawful and represent a departure from established practice, effectively removing the only accurate public record of the proceedings. Represented by Paul McGarry SC, Cllr Guerin seeks orders quashing the executive's decisions to redact the webcast and deny access to records, as well as declarations that the actions were outside the executive's powers and breached his rights. The matter came before Mr Justice Charles Meenan on an ex-parte basis. The judge granted Cllr Guerin permission to bring the challenge. The matter was adjourned and will return before the court in April.
A man convicted at the Special Criminal Court of kidnapping and assaulting a Quinn Industrial Holdings director has launched a High Court challenge against his conviction and 30-year sentence. Alan Harte claims that Section 40 of the 1939 Offences Against the State Act breaches his constitutional rights by preventing disclosure of whether his conviction was unanimous or by majority decision. He argues this creates inequality compared to jury trials, where at least ten jurors must agree on a verdict. Harte's legal team contends the provision violates constitutional guarantees of equality and the public administration of justice. The High Court heard the application before Mr Justice Charles Meenan, who adjourned proceedings to allow further submissions on which specific constitutional rights were affected. The case concerns an incident at Drumbrade, Ballinagh, County Cavan in September 2019.
A British man has been ordered surrendered to the United Kingdom following a High Court hearing on charges relating to a fatal stabbing in Carlisle. The High Court judge, Ms Justice Caroline Biggs, ruled that Liam Porter, aged 32, should be extradited to face allegations of murder or manslaughter in connection with the death of Ryan Kirkpatrick on 18 September 2021. The judge rejected submissions from Mr Porter's legal representatives that insufficient clarity existed regarding the charges. The court heard that UK authorities allege Mr Porter assisted in the incident and was present when a vehicle was subsequently burned. A separate extradition hearing concerning Kane Hull, aged 29, was adjourned to the following Monday. Both men were arrested in County Mayo in September 2021 and first appeared before the High Court that same month following their arrest under extradition warrants.
In a High Court case in Offaly, residents near the Oxigen Environmental waste recycling site in Barnan, Daingean, claim the facility has repeatedly breached a court order issued by Mr Justice Garrett Simons in September 2022. The order, based on the site's planning permission, restricts the facility to accepting only construction and demolition waste, such as stone, soil, brick rubble and concrete, and prohibits the acceptance of mixed dry recyclables, household or commercial skips, civic amenity waste, fridges, WEEE, mattresses, sofas, tyres and timber shredding. The residents allege that Oxigen, operating as Guessford Ltd, continues to process commercial, timber and municipal waste, causing noise and dust, and that the company has ignored communications about the breaches. They have brought fresh proceedings seeking the attachment and possible committal of directors Mr Sean Doyle and Mr Alan Doyle for contempt of court. The matter is set to return before the court early next week.
In a High Court case involving FBD and Irish publicans, Mr Justice Denis McDonald urged parties to resolve the unresolved quantum of losses owed to pub owners who had successfully challenged FBD's refusal to pay out on business‑disruption claims caused by Covid‑19. The judge noted that last year he had found that FBD's policy covered losses incurred when pubs closed due to the pandemic, and that he had issued subsequent judgments clarifying issues between the parties. However, the amount of compensation the publicans are entitled to remains undetermined. Mr Justice McDonald suggested that experts from each side meet without solicitors or clients to agree on figures, and that forensic accountants could help settle the dispute. He said he would not impose orders on how the parties engage outside court, but he wants progress before the next court appearance next month.
In a 2022 High Court decision, Mr Justice Charles Meenan ruled that a judge's participation in the 2021 Judicial Council vote on new personal injury guidelines does not bar them from hearing the lead challenge to those guidelines. The case, brought by Ms Bridget Delaney of Co Waterford, seeks to quash the Personal Injuries Assessment Board's (PIAB) assessment of her claim and the Council's adoption of the guidelines. Ms Delaney alleges her €3,000 award was insufficient and that the guidelines were adopted in a manner that infringed her constitutional rights. The judge dismissed the motion to recuse, stating that voting on the guidelines does not interfere with a judge's duty to be fair and impartial. The decision affirms that judges, like all citizens, must follow the law and that the Council's actions were within constitutional bounds. The case remains a test challenge against the State and PIAB.
Bargainprop Ventures Limited, the owner of the Bargaintown chain, secured a High Court injunction to force the Gibneys and others to vacate Unit 3, Greencastle Parade, Dublin 17. The court heard that Bargainprop had acquired the premises in 2021 from a receiver appointed by MARS Capital Finance Ireland DAC, after the property had been in receivership since 2016. Bargainprop's solicitors claimed that the Gibneys, former owners, and other occupants had refused to leave and had unlawfully created a leasehold interest in favour of Toro Grande Trading Limited. Bargainprop presented correspondence allegedly from the Gibneys that was described as "extraordinary, eccentric and absurd", containing a quote from the Book of Hebrews and thumb‑prints in a red liquid. The judge, Mr Justice Senan Allen, granted the injunction, noting that no explanation had been given for the Gibneys' claim to ownership or the alleged lease. The defendants were not present at the hearing but were notified of the application in advance.
Brendan Treanor, 33, of Dundalk, faces charges for a 2013 robbery at Lordship Credit Union where Garda Adrian Donohoe was murdered. He is also charged with conspiracy to burgle but not murder. Treanor has been denied bail and is remanded in Portlaoise Prison. He has filed a judicial review against the DPP, the Minister for Justice, and the Attorney General, challenging the decision to try him before the Special Criminal Court (SCC). His lawyers argue the DPP failed to give detailed reasons for the SCC trial, citing that the murder suspect, Aaron Brady, was tried in a jury court. Treanor claims the SCC's permanent status breaches constitutional rights and seeks an order preventing prosecution before the SCC, declarations of breach of equality, and a requirement for detailed reasons. The case was heard by Mr Justice Charles Meenan, with a hearing scheduled for March.
Donegal County Council has applied to the High Court for an injunction to enforce the suspension of Councillor Frank McBrearty Jnr from attending council meetings until the end of February. The independent councillor was suspended on 31 January following allegations of disorderly conduct at council proceedings. Counsel for the council told Mr Justice Senan Allen that Cllr McBrearty, who disputed the suspension, attended a meeting the following week and allegedly disrupted it, causing adjournment. The council seeks to prevent him from attending, speaking, or participating in any council or committee meetings until 27 February, and from attending meetings at Aura Leisure Centre in Letterkenny. The judge granted permission to serve short notice of proceedings on Cllr McBrearty of Raphoe. The matter will return to court later in the week. Cllr McBrearty, elected since 2009, gained prominence following the Morris Tribunal's 1996 findings regarding alleged garda misconduct.
The operator of Blarney Castle has filed a High Court challenge against An Bord Pleanala's decision to grant planning permission for a hotel and commercial development on land 200 metres from the castle. The Blarney Castle Estate Partnership, comprising Charles Colthurst and Flintcroft Ltd, seeks to overturn the permission granted to Irish Conference and Leisure Holdings Ltd for an 80‑bedroom hotel, supermarket, office buildings, coffee shop and 70 residential units on St Ann's Road, Monacnapa. The partnership argues that the development would detract from the castle's character and undermine its status as a major tourist attraction, citing the lack of adequate reasons in the board's decision and alleged errors in interpreting local plans and heritage guidelines.
Gerry "The Monk" Hutch (58) and former Sinn Fein councillor Jonathan Dowdall (44) lost their High Court actions that sought to stop them from being tried before the Special Criminal Court (SCC) on murder charges linked to the 2016 Regency Hotel attack. Mr Justice Anthony Barr dismissed the men's requests for declarations that an SCC trial would be unlawful, unconstitutional, or outside the powers of the 1939 Offences Against the State Act. The judge held that the SCC's existence is not limited by a sunset clause and that the Director of Public Prosecutions may certify that offences can be tried before the SCC when ordinary courts are deemed inadequate. He rejected the claim that the SCC's temporary legislation had become permanent and that the court's jurisdiction should be limited to subversive offences. The court found no legal basis to refuse the trials or to declare the SCC unlawful.
Keegan Quarries Ltd (KQL) has applied to the High Court for an injunction against Mr Thomas Donegan of Newcastle, Enfield, Co Meath, alleging that he has blockaded access to a disused quarry site owned by the firm. KQL claims it acquired the land and a right of way from Donegan many years ago, allowing its staff to reach the quarry via his property. The quarry ceased extraction in 2019 but KQL intends to carry out restoration works and requires regular inspections for health and safety. KQL says that Donegan, without warning, blocked the entrance with heavy machinery and agricultural produce, preventing KQL personnel from accessing the site. The court granted KQL permission to serve short notice of the injunction proceedings on Donegan, and the matter will return next week.
A High Court action brought by a woman employed for more than two decades at a meat processing plant in Ballinrobe, County Mayo, has been resolved. Ms Lisa Flanagan, who worked as a receptionist and administrator for Martin Jennings Wholesale Limited, sought an injunction to prevent her dismissal following a workplace dispute with a senior colleague. Ms Flanagan alleged she had been subjected to bullying and that she used intemperate language during an incident, telling her colleague to "shove his job up his ass". She denied formally resigning but claimed the company wrongfully accepted what it characterised as her resignation via email. The company subsequently maintained her position had been terminated. When the matter returned before Mr Justice Mark Sanfey on Wednesday, counsel for Ms Flanagan indicated the proceedings had been resolved. The judge struck out the action with no order as to costs.
In February 2022, Greenmast Limited, the owner and operator of a nursing home with 85 staff and 82 residents near the National Orthopaedic Hospital in Cappagh, Dublin 11, obtained a temporary High Court injunction from Mr Justice Mark Sanfey. The injunction, granted ex‑parte, restrains Cappagh Homes Limited, trading as Derreen Construction, from making or presenting any application to wind up Greenmast over a disputed VAT claim of more than €700,000. Greenmast denies owing the amount and argues that it settled its account with Cappagh Homes in 2018 by paying €6.18 million. The dispute arose after a 2020 determination by Revenue, leading to a demand that over €735,000 be paid within 21 days or a petition for winding up would be filed. Greenmast claims the demand is an abuse of process and that the petition would harm its business and the vulnerable residents. The case is adjourned and will return next week.
In a High Court case, Davy Spillane, a celebrated Irish musician, announced that the proceedings against his former record label, Tara Enterprises Ltd and its subsidiary Tara Music Company Limited, had been amicably resolved. Spillane had sued the companies and their Managing Director, John Cook, alleging breach of contract, misrepresentation and underpayment of royalty fees. He claimed that the label failed to provide adequate accounting information and that he was not receiving all payments due to him. Universal Musical Ireland, which acquired Tara's catalogue in 2019, was added as a defendant. The court granted orders for the settlement, including the striking out of the proceedings and an order that Universal Music Ireland pay Spillane's legal costs. The judge welcomed the settlement and noted that it would have otherwise taken several weeks to hear. The parties agreed that the settlement was confidential and amicable. The case was concluded without further hearing.
Airmount Beauty Limited, trading as The Manicure Company, has brought High Court proceedings against Manitrnd Ltd, alleging that the defendant has cloned its website and is passing off its goods. Airmount claims that the defendant's site uses text and product images almost identical to its own, with the defendant's brand name added and Airmount's name removed. The plaintiff also says it ordered a sample of the defendant's products to compare them, finding striking similarities. Airmount seeks injunctions to stop the defendant from advertising, selling or distributing similar products and from using its database, and also seeks damages for breach of contract, negligence and misrepresentation. The case was heard ex‑parte by Mr Justice Mark Sanfey, who granted Airmount permission to serve short notice of the proceedings, with the matter set to return later in the week.
In a High Court decision, Mr Justice Denis McDonald ruled that Dublin pubs closed under the August 2020 early‑closing requirement due to Covid‑19 are entitled to indemnity under their FBD insurance policies. The judge clarified that the term "closure" covers partial shutdowns of premises, not only total closures, and that the policy applies to government‑imposed closures triggered by outbreaks within a 25‑mile radius. The ruling applies to four plaintiffs – Sinnott's Bar, The Leopardstown Inn, Lemon & Duke and Sean's Bar – and confirms that losses incurred during the relevant periods (June‑September 2020 and December 2020) may be calculated by a methodology reflecting each pub's circumstances. Staff wage claims were partially successful for three pubs, while the Leopardstown Inn's claim was dismissed. FBD is barred from pursuing under‑insurance arguments, and the case will return to court next month for further proceedings.
A receptionist and administrator employed by Martin Jennings Wholesale Limited in Ballinrobe, County Mayo, has brought High Court proceedings seeking an injunction to prevent her dismissal. Lisa Flanagan, who worked for the company for over twenty years, admits using intemperate language towards a senior colleague during a workplace incident in December, but denies formally resigning. The company subsequently informed her that her resignation had been accepted. Ms Flanagan claims the colleague had engaged in bullying behaviour and that she made a protected disclosure to the company regarding these allegations. She contends the company wrongfully terminated her employment and seeks declarations that she remains an employee and that any disciplinary matters be handled according to fair procedures. Mr Justice Senan Allen granted permission for short notice of the proceedings. The High Court action was adjourned to February.
In a High Court hearing on 25 January 2022, Kerry Fish Ireland Unlimited Company lost its challenge to the re‑introduction of traffic calming measures in Tralee town centre. The measures, which had been temporarily lifted between March and May 2020 to aid local businesses during the Covid‑19 pandemic, were reinstated by Kerry County Council. Mr Justice Anthony Barr dismissed the case, describing it as an "opportunistic collateral attack" on the council's 2017 decision to impose the measures. He found no breach of the EU Habitats Directive, noting that restricting traffic for a few hours could not significantly affect any environmentally protected site. The judge also rejected the claim that the council's decision to lift the suspension was a new decision, stating it was merely the end of a temporary suspension. The court therefore dismissed the action.
In a High Court hearing on 24 January 2022, Galway Sightseeing Tour Company Ltd, trading as Galway Tour Company, argued that Galway City Council had effectively created a monopoly by refusing to allow the company to operate a roadside bus stop outside the city's coach station. The company, which has run sightseeing and private hire buses for years, claims it was forced in 2009 to relocate its collection and drop‑off points to the newly built Galway Coach Station, a facility on public land but operated by private entities. After leaving the station in 2020 over alleged unfair and astronomical licence fees, the company sought a licence from the National Transport Authority (NTA) to operate a stop on Merchants Road. The NTA said council approval was required, and the council objected on traffic congestion grounds, ultimately refusing the licence. The company contends the council's refusal and the NTA's acceptance of that refusal amount to unlawful, arbitrary, and unconstitutional actions.
Jacek Dziaczek, a 38‑year‑old former windscreen fitter, brought a High Court challenge against the Personal Injuries Assessment Board's €5,000 award for shoulder injuries sustained in a 2019 workplace accident. He argues the board failed to consider all medical evidence, specifically a third report submitted by his lawyers that contained additional details not present in the two reports the board reviewed. The board had deemed the injury minor and noted substantial recovery within six months to a year. Dziaczek's lawyers claim the board's decision lacks proportionality and does not comply with Personal Injuries Guidelines, and that the board did not provide adequate reasons for its award. He seeks judicial review to quash the award, remand the case for fresh consideration, and declarations that the board improperly exercised its discretion. The case was heard ex‑parte by Mr Justice Charles Meenan, who allowed the challenge to proceed, with a full hearing scheduled for March.
An elderly retired Catholic priest, aged in his late eighties, has filed a High Court action to stop his trial in the Circuit Criminal Court over allegations of sexually assaulting a boy more than 50 years ago. He claims that dementia and other cognitive difficulties prevent him from receiving a fair trial, as he cannot understand proceedings or give evidence. The priest denies the allegations. A treating physician reports that his condition prevents him from instructing his legal team or understanding the trial. He faces over 40 counts of indecent assault against a young male between 1967 and 1972, alleged to have occurred at various sites in south Dublin, including a room in the priest's residence, a nearby shed and wasteland. The complainant first reported the abuse to Gardai two years ago, and the priest was charged last year. The High Court granted permission to bring the challenge ex‑parte, and the matter was adjourned to a March hearing.
The High Court heard that a settlement between developer Pat Ryan and the financial fund Dengrove Designated Activity Company over a €12m loan for a commercial property site on Dublin's south city quays has collapsed. The dispute centres on whether Ryan can redeem the mortgage on the property, valued at about €22m, or whether redemption is contingent on all sums due to Dengrove being discharged by Ryan and his partners. Dengrove claims the borrowings are subject to an 'all sums due' mortgage and that the partnerships owe the fund approximately €430m. Ryan has amended his claim and applied for discovery of material he says is relevant to his case, alleging that Dengrove and its agents inflated indebtedness and altered interest rates to avoid tax. Dengrove denies these allegations and argues the discovery request is a fishing expedition that would breach confidentiality.