The High Court has lifted a naming ban on Alan Harte, allowing the media to identify him following his sentencing. Harte, 40, pleaded not guilty to charges of false imprisonment and intentionally causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019. On December 20, Mr Justice Tony Hunt sentenced Harte to 30 years' imprisonment for torturing and falsely imprisoning Mr Lunney. The judge described Harte as the ringleader who inflicted most of the serious injuries, including knife wounds to the face and torso, and rejected mitigation based on Harte's childhood trauma, noting he had previously used the same narrative to mitigate his sentence for helping dispose of Peter Gunn's body. Harte was previously convicted of impeding the garda investigation in the Gunn case, receiving a six-year sentence with the final three years suspended. Kastriot Boza, 48, also pleaded guilty to impeding the garda investigation in that matter. The naming ban had been in place due to Harte's pending trial for the murder of Anthony Rogers, a charge the DPP dropped after the judge ruled key CCTV identification evidence inadmissible. Harte's lawyers had argued the ban should remain to protect his right to a fair trial in other unrelated proceedings, but the court lifted the restriction.
John Barrett, the suspended Executive Director of Human Resources and People Development at An Garda Síochána, has launched High Court judicial review proceedings against the Garda Commissioner. The action concerns the Commissioner's alleged failure to respond to Mr Barrett's requests for legal costs assistance or indemnity for his appearance before the Disclosures Tribunal. Mr Barrett, represented by Mark Harty SC, claims the Commissioner acted arbitrarily and unfairly by refusing to cover his legal fees, while allegedly providing such support to other members. He seeks an order directing the Commissioner to reply to his requests, along with declarations that the refusal breaches natural justice and that all employees must be treated equally regarding tribunal appearances. The matter was heard on an ex-parte basis by Mr Justice Charles Meenan, who directed that the application for leave to bring the action be made in the presence of the Commissioner's lawyers. The matter was adjourned to a date in March.
A charity that runs a centre for children with severe behavioural difficulties has taken a High Court action to have a boy in its care moved to a more suitable facility. The charity says its centre cannot provide the type of care the boy needs and that the boy has allegedly been verbally and physically abusive to other children and staff. Staff absences and a resignation after alleged assault are cited. The charity had asked the Child & Family Agency (CFA) to transfer the boy late last year, but claims the agency has delayed excessively. The boy was placed at the centre in 2019 for a two‑year programme that ended last year. The charity seeks an order requiring the CFA to plan a transfer, declarations that the CFA has failed to protect the child's constitutional and European Charter rights, and an indemnity for losses incurred from the end of the programme until the boy leaves.
A High Court action concerning a flood relief scheme in Roscommon will not proceed to full hearing until after Easter. The Friends of the Irish Environment group has brought judicial review proceedings against Roscommon County Council's proposal to construct a three-kilometre pipeline transferring water from Lough Funshinagh to Lough Ree. The council contends the works are necessary to mitigate flooding affecting nearby residents. FIE seeks to have the council's October decision approving the emergency scheme quashed, alleging it breaches EU environmental law and fails to properly assess impacts on the designated Special Area of Conservation. Mr Justice Garrett Simons directed that the substantive hearing, expected to last four days, occur following the Easter recess. The court has continued a temporary stay on construction work, following an undertaking from the council, though over fifty-seven percent of the project has been completed. The judge adjourned determination of the council's application to lift the stay for two weeks, to allow the State to make submissions and permit parties to consider a recent relevant judgment.
A long-running dispute between EBS and Betty Martin Financial Services Ltd over the termination of an agency agreement to operate branches in Athlone, Longford and Lucan has been resolved through settlement. BMFS had alleged that EBS unlawfully ended the agreement in 2017 after the company refused to engage in the alleged mis-selling of financial products. EBS denied these allegations and asserted its entitlement to terminate the arrangement. BMFS successfully obtained an injunction from the High Court in 2019, which was upheld on appeal. The matter had been listed for hearing before the Commercial Court. On Tuesday, counsel for BMFS informed the court that settlement discussions had concluded, and both parties agreed the action should be struck out and the injunction vacated. Mr Justice Denis McDonald welcomed the resolution. The hearing would have lasted several weeks. The company, founded by the late Betty Martin of Co Roscommon, is now operated by her children.
In a High Court hearing on whether documents seized from the former FAI CEO John Delaney are protected by legal professional privilege, Justice Leonie Reynolds expressed a strong desire to conclude the matter. The judge adjourned the case to late March, hoping to set a hearing date when all outstanding privilege claims could be presented. She noted uncertainty about whether the court would have enough time within the current legal term ending April 8. Delaney is now represented by Clark Hill, following a merger with his former counsel, and the judge directed that the new representation be formally recorded. The dispute centers on 1,100 documents seized in February 2020; the ODCE seeks to use them in a criminal probe, while Delaney argues they contain privileged legal advice. The court has yet to decide whether these documents are covered by privilege, and the ODCE has applied to review the court's recommendations.
In a Commercial Court case, Mary Flannery sued her family members and the company's accountant over control of Foxfield Inns Designated Activity Company, which owns hotels in Dublin and Galway. She alleged oppressive conduct under section 212 of the 2014 Companies Act. The defendants—her brothers Frank and Kevin Flannery, Kevin's wife Sheelagh, and accountant James Norton—denied the claims. The court heard that the company employed about 180 people and owned several properties, including the Eglington Hotel. After mediation, the parties reached a settlement. The court agreed that it could order Foxfield Inns to purchase Mary Flannery's and Andrena Moynihan's shareholdings. The settlement terms are confidential, and the matter was adjourned for mention in April. The judge welcomed the settlement.
In a High Court trial-stage proceeding, Mr Justice Charles Meenan granted ex-parte leave to three applicants to challenge their exclusion from the State compensation scheme. The applicants, Anthony Duff, Ian Dunne, and Mark McNevin, are alleged to have been victims of serious assaults in 2004, 2008, and 2018, respectively. They claim the Criminal Injuries Compensation Tribunal unlawfully refused their applications because they were submitted outside the allowed time limit. The applicants argue that changes to the scheme in April 2021, which introduced an absolute two-year limit, constitute a retrospective and unlawful interference with their rights. They seek orders quashing the refusals and declarations that the Tribunal breached fair procedures and natural justice. The judge requested that counsel identify one or two lead actions to determine all issues and save court time. Counsel agreed that hearing a lead action was the best approach. The matters were all adjourned to a date in early February.
The High Court has extended an anonymity order protecting the identity of a man convicted of inflicting serious injuries on businessman Kevin Lunney during a kidnapping in County Cavan in September 2019. Mr Justice Charles Meenan granted a temporary extension of the order until mid-January, allowing the man's legal representatives to pursue judicial review proceedings against the Director of Public Prosecutions and the Special Criminal Court. The man's lawyers argued that publishing his name ahead of separate pending criminal trials could prejudice his right to a fair trial before a jury. The Director of Public Prosecutions opposed the extension, contending that media publication of convicted persons' names is a fundamental constitutional right except in limited circumstances. Mr Justice Meenan acknowledged this principle but found an arguable case for fair trial concerns. The man was convicted by the Special Criminal Court earlier this year alongside two others of false imprisonment and intentionally causing harm to Mr Lunney at Drumbrade, Ballinagh.
The High Court appointed Neil Hughes of Baker Tily as interim examiner for Premier Periclase Ltd, a world‑leading magnesium manufacturer employing 94 people. The company faces severe financial distress due to a sharp rise in gas and electricity prices, which have doubled between 2020 and 2021. Premier Periclase owes Bord Gais €2.5 million and Energia €900,000, and Bord Gais has threatened to cut off gas supply within weeks unless a substantial payment is made, a payment the company claims it cannot afford. The court noted that an Independent Accountant's report by Cormac Mohan indicates the company has a reasonable prospect of survival if steps such as an examiner's negotiation with creditors and refinancing are taken. Premier Periclase, owned by Callista Turnaround 10 GmbH, has operated at Boyne Road, Drogheda since 1977 and sells its magnesium oxide and hydroxide products worldwide. The matter was adjourned to early January for further proceedings.
An application to maintain the anonymity of a man convicted of serious offences against businessman Kevin Lunney came before the High Court on Thursday. The man, referred to as YZ, was convicted earlier this year alongside two co-accused of false imprisonment and intentionally causing serious harm to Mr Lunney during an abduction in Ballinagh, County Cavan in September 2019. His legal representatives sought to extend an anonymity order, arguing that publication of his identity could prejudice his fair trial rights in other pending criminal matters before the courts. Counsel indicated the application for leave would be made on notice to the Director of Public Prosecutions, with a hearing expected on Friday. Mr Justice Charles Meenan directed accordingly. YZ and his co-accused are scheduled for sentencing on Monday. The Special Criminal Court previously found YZ was responsible for inflicting most of Mr Lunney's injuries during the incident.
In a High Court hearing on 15 December 2021, the BBC defended itself against defamation claims by former Sinn Fein leader Gerry Adams. The broadcaster argued that Adams was a leading IRA member, served on its Army Council, and had a history of not condemning the killing of informers. It claimed Adams had lied about not being in the IRA and that the 2016 'Spotlight' programme and a follow‑up BBC website article, which alleged Adams had sanctioned the 2006 killing of former Sinn Fein official Denis Donaldson, were made in good faith and constituted responsible journalism. Adams denied any involvement in Donaldson's death and said the allegations were attempts to discredit Republicans. The BBC sought discovery of documents from Adams to support its defence, while Adams' lawyers opposed the request as a fishing expedition. The judge reserved her decision.
The BBC is seeking discovery of documents relating to former Sinn Féin leader Gerry Adams's alleged association with the IRA in defending a defamation claim brought by Mr Adams in the High Court. The BBC also seeks materials concerning Mr Adams's alleged knowledge of IRA discipline and a 1987 press conference statement. Mr Adams is suing the corporation over a 2016 BBC Spotlight broadcast and subsequent website article, which he alleges falsely claimed he sanctioned the 2006 killing of former Sinn Féin official Denis Donaldson near Glenties, County Donegal. Mr Adams denies involvement in Mr Donaldson's death. The BBC denies defamation, arguing the broadcast and article constituted responsible journalism on a matter of public interest. Mr Adams's counsel sought to strike certain defences from the BBC's pleading, arguing they are bound to fail given subsequent information about alternative suspects. Justice Emily Egan heard pre-trial motions on the matter, with proceedings continuing.
An Irish-born teenager with Autism Spectrum Disorder, who had lived abroad for over 15 years, returned to Ireland with his family earlier this year. He has been unable to secure a suitable school placement, as schools either lack the necessary facilities or have him on waiting lists. One school cited a shortage of special needs assistants; a Special Education Needs Officer said no assessment of his educational needs had been carried out, with the earliest possible assessment scheduled four to five months away. The family claims the State has failed to provide a free, adequate education or reasonable aid for private schooling. The teen, represented by Derek Shortall SC, has sued the Minister for Education, Ireland and the Attorney General, seeking an order compelling the Minister to provide an adequate placement and a declaration that the Minister has not discharged her duty under Article 42 of the Constitution and the 2004 and 1998 Education Acts.
Stephen Fowler, a grandfather convicted of logistical involvement in a botched Kinahan Cartel plot to murder James 'Mago' Gately, has launched a High Court challenge regarding the Garda's seizure and retention of his car. Fowler, who is serving a sentence in Portlaoise Prison, stated he gave full permission to a friend to use the 2014 Skoda Octavia. The vehicle was detained on October 31 and is currently being retained by the Garda, despite counsel arguing the seizure was irrational and disproportionate. Fowler's legal team, represented by Micheal O'Higgins SC and Brendan Hennessy BL, submitted that the continued detention breaches property rights and constitutes an abuse of authority. They seek orders to quash the refusal to return the vehicle, a declaration of oppressive conduct, and damages. Mr Justice Charles Meenan granted permission to bring the judicial review proceedings on an ex-parte basis. The judge noted the applicants had previously written to the Garda without a meaningful response and asked if a more cost-effective resolution existed. The matter was adjourned to a date in February. Fowler was previously sentenced to six years and nine months in the Special Criminal Court for participating in activities intended to enhance the criminal organisation's ability to commit murder. The last 15 months of his sentence were suspended for three years.
Farah Damji, 55, a conwoman wanted in the UK for fleeing a trial, failed to secure a further postponement of her extradition decision. She fled to Ireland in February 2020 during her UK trial, where she was convicted in absentia by Southwark Crown Court for breaching a restraining order twice in 2018. In September 2020 her application for bail was refused due to high risk of absconding, but in March she obtained bail at the High Court despite Garda objections. Her lawyer, Joanne Williams, applied for an adjournment to the New Year, arguing that if extradited she would return to the same prison to serve the remaining 40 days of her sentence, potentially breaching her human rights if her civil case on alleged misdiagnosis succeeded. The High Court, hearing the request, adjourned the case to 20 December for judgment.
A Limerick man, Keith Anthony McCarthy (41), has consented to his extradition to the UK after being charged with murder and grievous bodily harm. The charges stem from an incident on 15 April 2020 in Harwich where McCarthy allegedly ran over scooter rider Kerrin Repman (29) with his BMW, killing Repman, and also struck a 79‑year‑old pedestrian, causing multiple broken limbs. The High Court hearing on 13 December 2021, presided over by Fiona Murphy SC, confirmed McCarthy's consent to surrender under two European Arrest Warrant (EAW) warrants. The court noted that both charges carry a maximum life sentence. McCarthy is currently in custody in Ireland, where he is serving a separate sentence, and the extradition is scheduled for after Christmas, with the matter adjourned to 17 January 2022. The court also considered legal questions about the applicability of the EAW post‑Brexit and the potential impact of time already served.
The High Court heard challenges to An Garda Siochana's alleged policy of refusing station bail to persons accused of breaching domestic violence orders. Lawyers argue that the 2017 Domestic Abuse Intervention Policy, which underpins the refusals, violates constitutional rights to justice and presumption of innocence. They claim the policy forces them to seek bail before District Court sittings after Garda custody. The court noted that the 1967 Criminal Procedure Act does not list domestic violence breaches as offences requiring Garda refusal of bail. Two cases were presented: a woman who was denied bail after a protection order was issued and later arrested for alleged breaches, and a man who was denied bail after a complaint of order breach. Both denied the charges. The applicants seek orders quashing the Garda decisions, declarations that the refusals are unlawful, and that the Commissioner's policy exceeds his powers. Mr Justice Charles Meenan granted ex‑parte permission for the challenges, with hearings adjourned to January.
A senior garda has brought judicial review proceedings in the High Court challenging a decision not to backdate his promotion to inspector. Inspector Tom Quinn, stationed in Mullingar, County Westmeath, was scheduled for promotion in January 2019 but the advancement was delayed following allegations made against him in connection with a firearms incident near Granard, County Longford, in December 2018. Following investigation by the Garda Síochána Ombudsman Commission, Inspector Quinn was fully exonerated. His promotion ultimately proceeded in August 2019. The inspector seeks to have his promotion backdated to January, arguing the seven-month delay caused financial and reputational harm. The Garda Commissioner opposes the application, maintaining he exercised proper discretion by awaiting the investigation outcome before recommending promotion. Mr Justice Charles Meenan reserved judgment following the High Court hearing, with a decision expected in the new year.
A 37‑year‑old London native, Mark Nolan, appeared by video‑link from Midlands Prison at the High Court to hear that his extradition to Ireland had been postponed. He had previously consented to surrender to answer alleged offences, including a 2019 assault in London, and was now charged with five new offences in Ireland: four counts of possessing firearms in suspicious circumstances and one charge of possessing material contrary to Section 7 of the Offences Against the State Act. The court was asked to consider the postponement in light of these new charges. The judge agreed, remanding Nolan in custody until 21 February. The extradition process follows the EU‑UK Trade and Co‑operation Agreement, and the new charges relate to possession of firearms and state‑related material. No further details of the alleged offences were provided in the article.
A lecturer at a third‑level institution has applied to the High Court for judicial review, claiming that the university failed to consider his dyslexia when denying him a full‑time post. He has worked as a lecturer below the bar since 2016 and applied for progression across the merit bar in 2021. The university denied his application in May, and after an internal review the governing authority upheld the refusal in September. The lecturer argues that the university's Equality and Diversity Policy requires fair assessment regardless of disability, yet the application form did not allow disclosure of his dyslexia. He contends that the decision breached the Universities Act 1997 and the Employment Equality Acts 1998‑2015. The court granted him permission to proceed and placed a stay on the termination of his contract, with the case scheduled to return in January.
A soccer coach, aged in his seventies and suffering ill health, has filed a High Court application to halt his prosecution for two counts of indecent assault alleged to have occurred in the mid‑1970s. The alleged assaults took place at a Dublin club house and a location outside Dublin while the accused, then in his twenties, was the coach of an under‑age football team. The complainant, aged 12‑13 at the time, first gave a statement to Gardai in 2017, followed by a second in 2020. A decision to prosecute was not made until 2021. The coach, represented by Giollaíosa Ó Lideadha SC, claims that delays by the Director of Public Prosecutions, failure to disclose material and the passage of time have breached his right to an expeditious trial. He alleges that the DPP has not provided a statement explaining why the charges were not brought earlier.
In a High Court judicial review, a residents group from Treascon and Clondooluck, Portarlington, challenged An Bord Pleanala's October 4 decision to grant planning permission to Elgin Energy Services Limited for a solar power station on 90 hectares. The group, represented by Oisin Collins SC and Margaret Heavey BL, argued the decision was invalid because it contravened EU directives on habitats and Environmental Impact Assessments, and that the board failed to conduct a proper Appropriate Assessment. They cited potential impacts on species such as the Whooper Swan and the Fresh Water Pearl Mussel, and on nearby special conservation areas. The group also claimed the board ignored flood risk assessments in the Co Offaly Development Plan. Elgin Energy Services Ltd is a notice party. The judge directed the group to apply for permission to bring the challenge on notice, and the case will return in January.
A 37‑year‑old London native, Mark Nolan, appeared before Ms Justice Caroline Biggs at the High Court on 2 December 2021 and consented to surrender to the United Kingdom on two separate warrants. The first warrant, issued by Westminster Magistrates Court on 16 June 2021, accuses Nolan of eight terrorism offences, two child‑pornography offences and two further possession charges, with maximum sentences ranging from 10 to 15 years. The second warrant, issued by London Crown Court on 12 November 2021, alleges an assault causing actual bodily harm in London in April 2019, carrying a maximum term of five years. Garda Extradition Unit Detective Eoin Kane presented evidence that Nolan was arrested on 2 pm that day, was escorted to court in handcuffs, and had been remanded in custody for 10 days before being surrendered to a UK‑authorised person for an additional 10‑day period.
Paul O'Meara, a former probationary Garda who joined An Garda Siochana in 2016 and completed training a year later, has filed a High Court challenge to overturn the Garda Commissioner's decision to dismiss him. In 2019 a senior Garda prepared a report recommending O'Meara was unsuitable for retention and that his probationary period be extended. The period was extended several times, but in early 2024 senior management informed him that his services would be dispensed with, and he was formally dismissed on 9 September. O'Meara, represented by Mark Harty SC, argues the dismissal was unlawful, breached fair procedures and his constitutional rights, and that the Commissioner had no authority to extend his probation or to seek ministerial consent without notifying him. He seeks orders to quash the dismissal, reinstate him, and declare his probationary period expired. The case was granted permission to proceed by Mr Justice Charles Meenan and will return to the High Court in January.
In late November 2021, Mr Justice Charles Meenan of the High Court, overseeing the Judicial Review list, reiterated his concern about the use of limited resources in cases that compel the HSE to assess the needs of children with special education and health requirements. He questioned whether such actions are the best use of "very limited resources" and noted that similar applications have appeared frequently in recent years. The judge observed that most of these cases are settled by consent shortly after they first appear before the courts, yet they still incur costs such as legal fees and stamp duty. He highlighted that parents and guardians often claim the HSE has failed to complete assessments or reviews within the statutory period, depriving children of essential services like speech and language therapy, psychological support, and educational services.
High Court proceedings alleging that Garda Commissioner Drew Harris was in contempt of a court order regarding the assessment of Detective Garda Aidan Bracken's mental health injuries have been struck out as part of a settlement. The matter was resolved before Mr Justice Charles Meenan, who welcomed the agreement. As part of the settlement, it was agreed that the court can make an order stating that Detective Bracken be classified as having sustained his injuries while carrying out his duties, commencing from July 2015. Various costs orders were also made in the detective's favour. The contempt action arose after the Commissioner's lawyers opposed a motion claiming failure to comply with a previous order requiring a fair assessment by the Chief Medical Officer. Detective Bracken, who worked in the Co Kildare Division, claims his work resulted in several gang members being convicted and jailed, leading to serious threats to his life and a diagnosis of PTSD. He had previously brought four sets of proceedings against the Commissioner, all resolved in his favour. In a related action resolved last August, the court quashed a decision classifying his injuries as an ordinary illness and ordered a fresh assessment. Represented by John Kennedy SC, Rory Kennedy BL, and solicitor Eoin Powderly, the detective expressed thanks to the court. Aillil O'Reilly SC, for the Commissioner, confirmed the orders could be made on consent, including striking out the contempt proceedings.
In a High Court hearing on 26 November 2021, Justice Leonie Reynolds found that former FAI chief John Delaney had not complied with a court order to provide the Office of the Director of Corporate Enforcement (ODCE) with details of litigation he was involved in. Delaney's lawyers argued that he had complied as far as possible, citing time constraints and the ODCE's refusal to supply copies of documents needed for a review. The ODCE sought information to determine how many of the 280,000 documents seized from the FAI in February 2020 were protected by Legal Professional Privilege (LPP). Delaney claimed that about 900 items were covered by LPP, but the ODCE said he had only given generic descriptions of litigation. Justice Reynolds adjourned the matter to December, giving Delaney more time to comply with the order before the case could proceed further.
In a High Court hearing on 24 November 2021, Detective Garda Aidan Bracken, who has been on sick leave since 2015, was granted permission to bring a contempt of court motion against Garda Commissioner Drew Harris. Bracken, who claims psychiatric injuries from investigating criminal gangs, alleges the Commissioner failed to comply with a court order issued in August that required a fair assessment of his injuries by the Garda's Chief Medical Officer. The order followed Bracken's successful judicial review, which overturned a decision classifying his injuries as an ordinary illness and awarded temporary rehabilitation remuneration. Harris's counsel argued the motion was premature, noting progress had been made and a forensic psychiatric report was pending. Judge Charles Meenan approved the motion, noting Bracken's prior success in four judicial reviews, and adjourned the case for two weeks. The motion seeks only compliance with the assessment order, not punitive measures against the Commissioner.
In November 2021 the High Court quashed Waterford City & County Council's decision not to build a seven‑bay Traveller halting site at Carrickphierish Road. The council's elected members had voted 16‑to‑2 against the development in March 2021. Two Irish Traveller community members, Ellen Delaney and Mary O'Reilly, sued for judicial review, arguing that the council failed to give proper reasons, relied on erroneous claims about Covid‑19 assistance, ignored overcrowding at a nearby Traveller housing scheme, and acted after the Chief Executive's February 2021 recommendation. The applicants, represented by the Free Legal Advice Centres, sought an order quashing the decision, declarations that the decision was irrational, unreasonable and breached housing obligations and human rights legislation, and that the council pay their legal costs. The court agreed to quash the decision and order the council to pay the applicants' costs.
A High Court judicial review has been granted to a young woman challenging her exclusion from the State compensation scheme for victims of violent crime. The applicant, who was sexually assaulted as a 12-year-old in 2015, claims the Criminal Injuries Compensation Tribunal unlawfully refused her application due to time limits. She argues that the Tribunal's April 2021 introduction of an absolute two-year limit retrospectively interfered with her rights and breached fair procedures. Mr Justice Charles Meenan granted permission to bring the challenge, making the matter returnable next month to be heard alongside a similar action. The underlying offences involved two male minors who forced the victim to perform oral sex on separate dates in August 2015. The older male, now in his early twenties, pleaded guilty to two counts of sexual exploitation of a child and was sentenced to four years' imprisonment plus two years' post-release supervision. The younger male, who claimed he was coerced by the older male, pleaded guilty to engaging in a sexual act with a child and was sentenced to 180 hours of community service. Both defendants apologized to the victim, who continues to suffer from PTSD.
Adrian Shanley, acting as solicitor for a male applicant, brought a civil action against the State following his release from prison after a rape charge was dropped. The applicant, an EU national, was imprisoned for over a year after being charged with raping a woman in 2009. He was remanded in custody after being refused bail in the District Court due to flight risk concerns. Although granted High Court bail with conditions including a €10,000 surety and daily Garda sign-ons, he remained in custody until June 2011 as he could not meet the terms. Shortly before his trial, the applicant's legal team discovered that the complainant had previously admitted to fabricating a similar rape allegation against another man in 2007. Following this disclosure, the Director of Public Prosecutions entered a nolle prosequi, ending the prosecution and releasing the applicant. The applicant now seeks damages for malicious prosecution, false imprisonment, negligence, and breach of constitutional rights, alleging that his relationship broke down and he lost his job. The defendants, including the Garda Commissioner and DPP, deny the claims, stating they acted within their public duties. The matter came before Ms Justice Niamh Hyland, who was asked to rule on a preliminary issue regarding the applicant's request for formal replies to interrogatories from the State. The State opposed the application, arguing it would prejudice adjudication. In her judgment, Ms Justice Hyland adjourned the plaintiff's motion. The matter was not concluded; the judge noted the motion could be re-entered if the plaintiff wishes to proceed, provided his lawyers submit a sworn statement identifying the persons to whom each interrogatory is directed.
The High Court adjourned the trial of a remand prisoner because the accused would have to appear in full personal protective equipment (PPE). Judge Paul McDermott expressed concern that wearing a hazmat suit during proceedings would compromise the man's constitutional right to a fair trial. The prisoner is held at Cloverhill Prison, where an outbreak has forced most of the facility to close and staff and inmates to undergo repeated testing. Prison governor Anthony Harris explained that bringing the accused to court would risk re‑infection and that the prison's staff were the primary danger. McDermott noted that the court must avoid creating an environment that isolates the accused in a white suit surrounded by others in PPE, as that would not be conducive to a fair trial. The case was postponed until December 6, with the judge awaiting confirmation that a safe trial could proceed.
In a High Court hearing on 18 November 2021, former Sunday Independent columnist Eoghan Harris testified that he alone controlled the Twitter account @barbarapym2, used to post allegedly defamatory material about journalists Allison Morris and Aoife Moore. Harris's sworn statement contradicted an earlier RTE interview in which he said unnamed persons had contributed to the account. The journalists, represented by Thomas Hogan SC, seek damages and a Norwich Pharmacal order compelling Twitter International to disclose identities, IP addresses, phone numbers, e‑mail addresses, login times and details of any other accounts that posted or retweeted the defamatory content. Twitter, represented by Alan Keating BL, argues the orders are burdensome and proposes an alternative, non‑opposed disclosure formula. Harris, defended by Frank Callinan SC, denies any involvement beyond the Barbara J Pym account and rejects claims of association with other accounts. The case remains pending, with Judge Mark Sanfey reserving judgment.
In a High Court hearing on 17 November 2021, Governor Anthony Harris of Cloverhill Prison explained that the prison was in a "silo mentality" due to a serious Covid‑19 outbreak. He said the majority of the remand wing was closed, with prisoners confined to small pods for essential services and no showers or exercise. Mass testing was underway, and staff who were asymptomatic contacts were considered the main risk. Harris reported that Cloverhill, Midlands Prison in Portlaoise and one element of Mountjoy Prison were affected, while Wheatfield Prison was "sterile". He stated that the prison could not produce the named prisoner for trial without endangering him or the population, and that inter‑prison transfers were not occurring. The judge declined to order the prisoner's production, noting the difficulty of ensuring safe transport and the potential for reinfection. The case was scheduled for mention on Friday.
Joseph Connor, 34, from Drogheda, claims he was wrongfully imprisoned for ten days after Gardaí mistakenly merged his PULSE profile with that of another person named Joseph O'Connor. Connor was arrested on 19 July 2021 for an alleged public order offence and told by Gardaí that a live bench warrant existed for him. He denied any such warrant. The District Court, misinformed, remanded him in custody with a €250 surety requirement he could not meet, leading to his detention at Cloverhill Prison until 29 July 2021 when he secured the surety. Connor's High Court counsel, Micheál O'Higgins SC, argued the warrant belonged to the other Joseph O'Connor, and that Gardaí admitted the error when his case returned in September. Connor has filed judicial review proceedings against the Garda Commissioner and the Governor of Cloverhill, seeking damages, declarations of rights breaches, an apology, and the quashing of the remand order.
Convicted murderer Freddie Thompson, also known as 'Fat Freddie', brought a High Court action against the Governors of Limerick and Portlaoise Prisons, the Irish Prison Service, and the Minister for Justice. Thompson, who received a life sentence in 2018 after being found guilty of the 2016 murder of David Douglas, alleges that prison authorities failed to respond to his solicitors' questions regarding his detention conditions. He claims his transfer to Limerick Prison, where he was reportedly confined to a padded cell without clothing, constitutes a punishment without a disciplinary hearing or formal sanction paperwork. Thompson further alleges that previous complaints about mistreatment in Portlaoise, including sleep deprivation and excessive searches, were upheld but the investigator's report was never provided to him. His legal team argues that the failure to update him on complaint statuses and answer queries regarding his detention is contrary to law, the Prison Rules, and natural justice. They seek an order compelling the respondents to reply to their questions and declarations that the authorities have a legal duty to respond to concerns about a prisoner's detention. The matter came before Mr Justice Anthony Barr, who granted Thompson permission to bring the action on an ex-parte basis. The matter was adjourned and will be mentioned before the court in late December.
Glassco Recycling Limited, a glass recycling firm based in Naas, has lodged a High Court challenge against a decision by An Bord Pleanala that its proposal to increase its annual intake of glass and aluminium cans is not exempt from planning permission. The board had ruled in May that the proposed increase constituted a material change of use due to intensification, and that no planning law exemption applied. Glassco argues the decision is flawed, that the board erred in law, and that the increase does not amount to development. It also claims the board failed to provide reasons, did not consider relevant factors, and made an unreasonable decision without an Environmental Impact Assessment. The company seeks orders to quash the decision and a declaration that its existing recycling permission precludes the activity from being a material change of use. Mr Justice Anthony Barr granted the company permission to proceed, and the case will return to court next month.
Two building firms, Trinity Homes Ltd (THL) and Yeronga Ltd, both mainly funded through the Immigrant Investment Programme, were granted court protection from creditors. The firms, established in 2014, have become insolvent and cannot meet debt repayments. They attribute their difficulties to Covid‑19 site shutdowns, rising material costs, and an inability to meet scheduled loan repayments. An additional issue is a €3 million share purchase from a former THL director, during which over €900,000 of THL's funds were paid to that director, a transaction the court said breached company law and will be investigated. The companies had been profitable from 2015 to 2019 and had borrowed over €11 million through the programme, which allows non‑EEA citizens to invest over €1 million for three years in exchange for residency and eventual citizenship. THL's directors are Stephen Mahon (75 % shareholder), Ecaterina Olaru, and Ben Reid, while Mahon and Olaru also direct Yeronga.
In November 2021, WhatsApp Ireland Ltd secured permission from a High Court judge to challenge a €225 million fine imposed by the Data Protection Commission (DPC) in August 2020. The fine followed a DPC investigation that found the messaging service had not complied with the EU General Data Protection Regulation (GDPR) in several respects, including the processing of user data and the sharing of personal data with Facebook. WhatsApp's legal team, led by Declan McGrath SC, argued that the DPC's decision was unconstitutional, that the 2018 Data Protection Act under which the DPC operates is invalid, and that the fine constituted an unlawful criminal sanction. The High Court, presided over by Mr Justice Anthony Barr, granted WhatsApp permission to pursue a judicial review and adjourned the case to a date in the following month. WhatsApp also filed a statutory appeal against the DPC's decision in the Irish courts.
Gerry "The Monk" Hutch has been granted permission to file a High Court challenge to the jurisdiction of the Special Criminal Court (SCC) over his murder trial. Hutch, charged with the 2016 Regency Hotel murder of David Byrne, argues that the SCC's use of temporary emergency legislation from 1972 infringes his rights, including a fair trial and the right to a jury. He claims the 1939 Offences Against the State Act does not authorize the SCC and that the State's failure to enact permanent legislation breaches his constitutional and ECHR rights. Hutch seeks an order to halt his SCC trial, declarations that the trial is unlawful, and a stay pending the High Court decision. The judge, Mr Justice Anthony Barr, granted him permission on an ex‑parte basis, with the matter to be mentioned next month. A similar challenge has been filed by former SF councillor Jonathan Dowdall, also charged with Byrne's murder, and is scheduled for early next year.
In 2018, Diamrem Ltd lost a High Court challenge to close a temporary carpark operated by Clare County Council across the road from the Cliffs of Moher visitors centre. Diamrem sought Section 160 planning injunctions to prohibit the use of the carpark and require its removal to enable a park‑and‑ride service. The company argued the carpark was an unauthorised development and that the council had failed to comply with conditions attached to the planning permission for the centre. The council and its subsidiary denied this, stating the original proposed carpark was never built and the existing one was approved as a Part 8 development. Justice Mary Faherty dismissed the action, citing the applicant's failure to commence the Section 160 proceedings within the statutory time period. The Court of Appeal, led by Justice Seamus Woulfe, upheld the dismissal, noting the time‑period issue was dispositive and that other matters should be left for a separate case.
A 46-year-old man from Crossmolina, County Mayo, has appealed an extradition order to the United States at the High Court. Martin Jude Wall was arrested in Ireland last December following his identification in a 2012 US police operation targeting online child exploitation. Wall had engaged in online contact with a profile he believed to be a 13-year-old girl, sending explicit messages and images before travelling to meet her. The profile was operated by US detectives, who apprehended him at the meeting location. In 2012, Wall pleaded guilty to attempting to entice a child for indecent purposes and received a custodial sentence followed by a 15-year probation bond. He absconded from the United States in 2014 and returned to Ireland. US authorities located him in Mayo in 2019, and his arrest warrant was executed in November of that year. Wall now faces extradition to Georgia to address allegations of breaching his probation conditions. At the High Court last month, Mr Justice Paul Burns ordered his surrender.
In a High Court judicial review hearing, Mr Justice Charles Meenan, who oversees the Judicial Review list, questioned whether demanding the HSE complete special needs assessments within six weeks is the most efficient use of limited resources. He noted that most such cases are settled by consent shortly after the court first considers them. The judge made these remarks while granting leave to three applicants to challenge the HSE on behalf of children with special needs, seeking orders to compel assessments and declarations that the HSE has breached its statutory duties under the 2005 Disability Act. The applicants, whose identities are withheld, argue that the HSE has failed to conduct timely assessments or reviews, depriving children of essential services such as speech and language therapy, psychological support and educational assistance, thereby adversely affecting both the children and their families. The judge, after granting ex‑parte leave, returned all the cases to the court for further consideration as of December.
A woman in her twenties, who was in State care from age three until 18, has brought a High Court challenge against the Data Protection Commission (DPC) over its handling of her complaint about the Child and Family Agency (CFA). She alleges that while in a foster placement over 15 years ago she was raped, sexually abused, physically assaulted, emotionally abused and verbally intimidated by an older male foster child, leaving her with lifelong emotional scars. She sued the CFA for negligence and sought its social work file via a Freedom of Information request, but claims the CFA provided only parts of the file with excessive redaction. In July 2020 she complained to the DPC, expecting a prompt decision, but after 15 months she had not received any update.
Three serving members of the 12 Infantry Battalion, 1st Brigade of the Permanent Defence Forces, stationed at Sarsfield Barracks in Limerick, have initiated High Court proceedings challenging a decision to prevent them from graduating to the next stage of their training. The applicants, represented by SC Gerard Humphreys SC and Tim Dixon BL, instructed by solicitor Owen Swaine, deny allegations of assaulting and intimidating a fellow recruit in July. They claim that despite being informed they had successfully completed recruit training, they were barred from passing out on August 25 following a complaint reported to the Military Police on September 15. Counsel stated that no disciplinary charges have been brought, yet the men remain confined to barracks in a state of limbo without having been formally heard. The applicants seek a judicial review against the Minister for Defence, Ireland, and the Attorney General, requesting an order quashing the decision to block their graduation pending the Military Police investigation. They also seek declarations that their suspension constitutes a disproportionate penalty breaching their rights to a fair hearing, as well as violations of their Constitutional and European Convention on Human Rights rights. The matter came before Mr Justice Charles Meenan on Monday. On an ex-parte basis, the judge directed that the application be heard in the presence of lawyers for the respondents. Citing the urgency of the matter, the judge adjourned the case to a date next week.
In a High Court hearing on 1 November 2021, Mr Justice Charles Meenan directed that an application to challenge the Minister for Health's refusal to launch a public inquiry into Covid‑19 deaths in care homes must be made in the presence of State lawyers. The action, brought by 19 individuals who lost relatives to Covid‑19 in care homes, seeks to overturn the Minister's June 2021 decision not to establish an investigation. The applicants argue the refusal is contrary to the public interest, unfair, unreasonable and disproportionate, and that it breaches the Irish Constitution and the European Convention on Human Rights. They request an order quashing the decision, a declaration that an inquiry is required under constitutional and human‑rights provisions, and that the refusal is unlawful, unconstitutional and infringes their rights.
A High Court pretrial motion in a personal injury claim brought by a young woman against mixed‑martial‑arts fighter Conor McGregor has been adjourned to March 2022. The motion, a common‑law request for discovery of documents that the plaintiff says will support her claim, was listed before Mr Justice Mark Heslin on Monday. McGregor, 32, denies all wrongdoing. The case is one of two initiated against the sportsman over alleged incidents in 2018; the woman has also sued an associate of McGregor and her mother has lodged a separate personal‑injury action. All allegations in both actions are fully denied. The incident was investigated by An Garda Síochána, but the Office of the Director of Public Prosecution decided no criminal charges would be brought. The women are represented by Coleman Legal Partners, while McGregor is represented by Michael J Staines & Company.
The High Court heard submissions on whether Roscommon County Council has breached a settlement agreement relating to a flood relief scheme involving a pipeline between Lough Funshinagh and Lough Ree. The Friends of the Irish Environment seeks an order to have the council's chief executive, Eugene Cummins, brought before the court on contempt allegations. FIE contends the council failed to comply with a Remediation Plan agreed in August following judicial review proceedings. The council denies breaching the agreement and maintains it has completed or substantially progressed remedial phases, with delays attributed to weather and pending facility identification. Mr Cummins objected to FIE's characterisation of the council's actions, stating the organisation used extreme language without disclosing contextual facts. The case concerns a proposed pipeline intended to protect homes from flooding. Mr Justice Garrett Simons adjourned the matter for hearing on the following Tuesday and determined that Mr Cummins need not attend.
Friends of the Irish Environment (FIE) has claimed before the High Court that Roscommon County Council is in contempt of court for allegedly breaching an agreement regarding a flood relief scheme. The dispute concerns the Council's plan to construct a 3km pipeline transferring water from Lough Funshinagh to Lough Ree, located 12km north of Athlone. FIE seeks an order for the Council's CEO, Mr Eugene Cummins, to be attached and brought before the court to answer the alleged contempt. Last August, the court granted FIE a temporary order halting works. The matter was subsequently resolved before a hearing when the Council consented to orders quashing its decision to permit the works, agreed to remediate the affected lands, and paid FIE's costs. A Remediation Plan was agreed between the parties. However, FIE alleges that on October 14, the Council used section 152 of the 2001 Local Government Act to authorise the pipeline's construction without consulting FIE. FIE claims the Council has taken no substantive steps to comply with the Remediation Plan by reusing previously constructed pipeline and manholes. FIE states it requested the Council to desist from these steps, but the request was not complied with. The matter came before Mr Justice Garrett Simons on Wednesday, where FIE's counsel, Jon Kenny BL, instructed by Eoin Brady of FP Logue Solicitors, presented the claim of contempt arising from the alleged breach of the August orders.