In a High Court hearing, counsel Hugh O'Flaherty BL represented 70‑year‑old farmer David Allen, who owns an apartment at Atlantic Coast Apartments, Tramore. Allen claimed that Start Mortgages and its receivers, Ken Fennell and James Anderson of Deloitte, had been appointed without legal entitlement and behaved "disgracefully." He alleged the receivers entered the apartment, changed the locks, and jeopardised his plan to sell the property to repay a €82,000 debt. Allen had secured a buyer that would cover the debt and had informed the parties of his intention to sell months earlier. The receivers' appointment was said to be aggressive and illogical, especially as the loan was performing. The court adjourned the case to allow the defendants' representatives to attend a remote hearing, with the judge noting the defendants' lack of timely response and the need to resolve costs and key provision. The matter was set to resume the following Monday.
The High Court is hearing a dispute over the care of artworks owned by the late businessman Hugh James Tunney. The estate, represented by solicitor and executor Brian Baily, claims that the valuable paintings – including works by Jack B Yeats, John Lavery, Roderick O'Connor and August Von Heckel – are at risk because the property where they are stored is damp and potentially vulnerable to theft. The estate also alleges that Ms Caroline Devine, who was a partner of Mr Tunney and has been granted certain rights to his estate, has obstructed their access to the items. The applicants seek injunctions to obtain possession of the paintings and the property, and to prevent Ms Devine from carrying out work at the site without consent. The case was adjourned after Ms Devine's lawyers offered undertakings, and the judge encouraged mediation before the next hearing.
The Headfort Arms Hotel in Kells, Co. Meath, has filed High Court proceedings against Zurich Insurance Plc, alleging that the insurer failed to pay a business‑disruption claim arising from the Covid‑19 pandemic. The hotel, a 4‑star, 260‑bedroom establishment, entered into an insurance policy with Zurich in October 2019 and contends that the policy entitles it to indemnity for losses caused by forced closures and other pandemic‑related disruptions. Zurich has responded that the policy does not cover Covid‑19‑related losses and only applies to damage occurring on the hotel premises. The hotel, represented by Richard Kean SC, Darren Lehane SC and Gareth Robinson BL, seeks damages for breach of contract, intentional interference with economic interests, and a declaration that it is entitled to indemnity. It also requests that Zurich process interim payments pending the full hearing. The case was adjourned and is set to return to the court next week.
A High Court action brought by Sylvia O'Mahoney, a South Dublin resident, against Facebook Ireland Ltd has been resolved. Ms O'Mahoney, from Foxrock, Co Dublin, alleged that a hacker took over her account in mid-December 2020, locking her out and sending unauthorized messages to her contacts. She claimed breaches of her constitutional right to privacy and GDPR rights, seeking injunctions to retrieve data and account activity records. Facebook opposed the action, denying culpability while accepting the account was hacked. The company argued it acted quickly to restore control and provided all requested information. Ms O'Mahoney's counsel, Jack Fitzgerald SC, informed Ms Justice Leonie Reynolds that the matter had been resolved and requested the court be struck out. Facebook's counsel, Rossa Fanning SC, consented to the strike out. No details of the confidential settlement terms were disclosed to the court. The proceedings, launched in January, were mentioned on several occasions before this final hearing. The court accepted the resolution, effectively concluding the litigation without a judgment on the merits.
The Bunratty Castle Hotel, near Shannon Airport, has lodged a High Court judicial review to overturn a WRC finding that it discriminated against Ms Nora Ward, a Traveller, and was ordered to pay €15,000. The hotel argues the WRC heard the complaint without its representatives present, citing misdirected emails and a failure to notify the hotel of an adjourned hearing. It claims it was denied a first‑instance hearing and that correspondence was sent to an incorrect email address. The WRC's decision, based on Ms Ward's complaint under the Equal Status Act, alleged the hotel was dismissive and failed to engage appropriately. The hotel seeks to quash the decision and have the complaint determined in accordance with law. The case is set to return to court in May.
The High Court confirmed the appointment of a second independent barrister to assist in examining documents seized from the Football Association of Ireland (FAI) offices. Ms Justice Leonie Reynolds accepted that Patrick Mair BL will join Niall Nolan BL to help identify material covered by Legal Professional Privilege (LPP). The two independent persons will prepare a report for the court to aid the judge in determining which of the seized documents are privileged. Their work is expected to be completed by June. Ex-FAI CEO John Delaney, a notice party in the proceedings, has claimed LPP over 3,500 documents, while the FAI claims privilege over 1,000 documents. Any document deemed privileged cannot be used by the Office of the Director of Corporate Enforcement (ODCE) in its criminal investigation. The ODCE, represented by Kerida Naidoo SC, applied to the court to determine the status of these files following the seizure of approximately 280,000 files in February 2020. The judge noted that other matters remain outstanding, including Mr Delaney's application to have the hearing held in private. This 'in camera' application, due to be heard later this month, stems from concerns that media reports will expose private and legally privileged information. The application is opposed by Sunday Times News, supported by other media outlets including the Irish Times, RTE, the Irish Examiner, and the Journal.ie. The matter has been before the court on several occasions over the last 13 months.
John Delaney, former CEO of the FAI, has applied for an in‑camera hearing to keep the media out of a court action concerning the inspection of about 280,000 documents seized by the Office of the Director of Corporate Enforcement (ODCE) during its investigation into the FAI. Delaney argues that media coverage could expose information he claims is private or covered by legal professional privilege. The application, scheduled for 23 March, is opposed by the Sunday Times and other media outlets, who say the order would be draconian. The judge has also ordered that an independent person be appointed to assist Barrister Niall Nolan in reviewing the materials for privilege, with a report due by May or June. The hearing will determine which documents can be used by the ODCE and which are privileged. The case has been delayed previously due to the volume of documents and the Covid‑19 pandemic.
John Waters and Gemma O'Doherty appealed the High Court's refusal to allow them to challenge the constitutionality of Covid‑19 laws and the costs awarded against them. Their judicial review sought to declare measures such as the 2020 Health Preservation and Protection Act and the 2020 Emergency Measures in the Public Interest Act unconstitutional, arguing they infringed rights to travel, bodily integrity and the family. The Court of Appeal, led by Justice George Birmingham, dismissed all grounds of appeal. Birmingham said the High Court's approach was correct, noting the applicants had presented "fiction and distortion over fact," lacked substantive evidence, and had made unsubstantiated claims about the pandemic and the laws. The appeal was rejected, and the applicants were ordered to pay the costs of the proceedings. The case remains at the appeal stage.
Edel Doherty, of Rory O'Connor House, Hardwick Street, Dublin 1, has brought a High Court judicial review challenging a District Court decision regarding her prosecution. Ms Doherty is one of ten individuals accused under the 2001 Children's Act of publishing images identifying two teenagers convicted of murder. The alleged breach involves a hybrid offence, prosecutable in either the District Court or Circuit Court. In October, a Dublin District Court judge accepted jurisdiction and directed the DPP to disclose evidence, adjourning the matter to January. Ms Doherty claims that when the case returned, a different judge reheard the facts, determined the offences were not minor and unfit for summary trial, and adjourned the matter for the service of the book of evidence. She argues this decision was procedurally flawed, made without proper reasons, and in breach of fair procedures. Represented by Kathleen Leader SC, instructed by David Thompson, Ms Doherty seeks orders quashing the decision that her offences were not minor and declarations that the District Court acted in excess of jurisdiction. The matter was heard by Mr Justice Charles Meenan, who granted ex-parte permission to bring the challenge. Noting that several similar actions are pending or imminent, the judge indicated it would be preferable for all cases to be heard together. The actions are scheduled to be mentioned before the court later this month.
A teenager has brought a High Court challenge against the Director of Public Prosecutions, seeking to quash a District Court decision to send his case forward for trial. The accused is charged with sexually assaulting another male in a school bathroom in April 2018, when both parties were 12 years old. He also faces a charge under the 1990 Firearms and Offensive Weapons Act for allegedly producing an implement capable of inflicting serious injury during the incident. Following a Garda investigation, the accused appeared in the Children's Court, where a District Judge refused jurisdiction in October 2019 and sent the matter forward for trial before the Circuit Criminal Court. The teen, suing through his mother, claims he was denied a mandatory hearing under Section 75 of the 2001 Children's Act. This provision requires a district court judge to consider the minor's age and maturity before deciding whether to send a child forward for trial or deal with the matter summarily. The accused argues that the absence of this hearing deprived him of legislative protections. In judicial review proceedings, he seeks an order quashing the October 2019 decision. The matter came before Mr Justice Charles Meenan, who granted the accused permission to bring the challenge on an ex-parte basis. The case was adjourned and will return before the High Court in May.
Carlos Mason, a 32‑year‑old UK national, was surrendered to the UK under a European Arrest Warrant for alleged leadership of an organised crime group that sold internet users' bank details on the dark web. The warrant accuses him of conspiracy to commit fraud by false representation between March 2017 and June 2019 and possession of criminal property. Mason had previously been jailed for one year in Dublin in May 2020 after pleading guilty to two counts of dishonestly inducing two luxury Dublin hotels to accept fraudulent credit card payments between 29 December 2019 and 19 January 2020. He used a stolen American Express card to check into the Shelbourne hotel on 29 December 2019, accruing a €3,735 bill, and later stayed at the Westbury Hotel until 19 January, accruing a €4,700 bill. In total, he spent €8,435 in both hotels, enjoying "wining and dining" without paying.
A man wanted by United Kingdom authorities to face multiple charges including sexual activity with animals and possession of extreme pornographic material has challenged an extradition warrant in the High Court on grounds relating to Brexit and procedural defects. Oliver Lown, aged 35, was arrested by gardaí at Gortnaskea near Letterkenny, County Donegal, in February following endorsement of a European Arrest Warrant issued by Suffolk police. He faces twelve offences arising from material discovered during a search in April 2019. His barrister argued before Mr Justice Paul Burns that the warrant is "fatally flawed" because it was endorsed by Irish courts after December 31, 2020, when the UK-EU extradition framework changed to an opt-in system which Ireland had not yet adopted. Additional arguments were raised regarding the issuing authority and completion of the warrant documentation. Mr Justice Burns requested written submissions and adjourned the matter to April 11th for further hearing.
In a High Court case, publicans argued that FBD's Covid‑disruption insurance covered losses from partial closures, not only full shutdowns. They claimed the policy indemnified them during periods when pubs were partially closed or limited in trade due to government restrictions. FBD countered that the policy only covered "completely closed" premises. Judge Denis McDonald had earlier ruled that the policy covered losses from closures prompted by nationwide outbreaks within a 25‑mile radius. The court is to decide the quantum of losses later, with a timetable for pubs to submit financial information. The case involves four test actions by Dublin and Athlone pubs, and the parties are also disputing legal‑fee costs. The dispute centers on whether the pandemic‑induced closures fall within the policy's coverage clause.
In 2021, a woman who had married a man in the 1990s and later separated sought annulment of the marriage in the High Court, claiming she had been coerced and that her husband was gay or bisexual, thereby lacking capacity to marry. The High Court dismissed her petition in 2019 due to insufficient evidence. She appealed to the Court of Appeal, alleging unfair trial and bias, but the appeal was dismissed entirely. The Court of Appeal, comprising Justices Costello, Haughton and Binchy, found no evidence that the marriage was entered into under duress or that the husband was homosexual. The court noted the woman's evidence was limited to a friend's remark and a teenage photograph, which could not establish sexuality. All other grounds, including claims of mental illness and judicial bias, were rejected, and the man was awarded legal costs.
John Delaney, former CEO of the FAI, has applied to the High Court to hold a hearing over the inspection of 280,000 seized documents in camera, arguing that media coverage would expose private and legally privileged information. The documents were seized in February 2020 by the Office of the Director of Corporate Enforcement (ODCE) during a criminal investigation into the FAI. Delaney, who is a notice party, claims that certain material is covered by legal professional privilege and should not be disclosed to the ODCE or the public. Solicitor Simon McAleese, representing the Sunday Times, opposes the in‑camera request, stating that the media should be allowed to attend and report. The court has adjourned the matter for a week to allow further legal submissions, noting that the application is premature as no report from the independent examiner, Niall Nolan Bl, has yet been submitted. The ODCE and the FAI remain neutral on the in‑camera application.
Ryanair settled the High Court case it had brought over the hearing of a social welfare appeal concerning pilot Mr Paul Clements' employment status for insurability. The settlement, reached after out‑of‑court discussions, allows the hearing, which had been on hold, to resume in April and is expected to last three days. Ryanair, represented by Martin Hayden SC and Eoin O'Shea BL, had argued that Mr Clements was a director and shareholder of Redsberry Management Services, which had contracted him to Ryanair for four years up to 2014. The Department of Social Protection had deemed Mr Clements insurable as an employee of Redsberry under PRSI Class A for benefits and pensions during that period. Mr Clements appealed, claiming he was an employee of Ryanair, but the appeals officer upheld the Department's decision in 2016. Redsberry then appealed, arguing Mr Clements was self‑employed. An oral hearing began in 2017 and was adjourned several times.
In a High Court hearing, Mr Justice Michael White described a young girl, aged eight or nine when assaulted, as an exceptional child who endured a traumatic rape by her teenage cousin yet still loved him. The judge praised her humanity and expressed hope for her healing. The defendant, now 16, pleaded guilty to raping and sexually assaulting his cousin between December 2017 and May 2019, when he was 13 and 14. He also pleaded guilty to forcing a child to watch sexual activity. Justice White noted aggravating factors such as the use of pornography to groom the victim and the breach of trust, but also mitigating factors including the defendant's engagement with a national treatment programme and parental support.
In February 2021, a judicial review challenge against An Bord Pleanala's decision to grant planning permission for a €70m, 12‑turbine wind farm in County Kildare was admitted to the fast‑track commercial court list. The challenge, brought by Ms Lorraine Quinn of Drohid, Carbury, and the environmental NGO Eco Advocacy CLG, argued that the board's decision was flawed because it did not comply with the Wind Energy Guidelines of the 2000 Planning and Development Act and failed to conduct an appropriate EU‑directive‑compliant assessment. They also contended that the impact of a nearby solar power project was not considered and raised concerns about noise levels from the turbines. The developer, North Kildare Wind Farm Group, sought fast‑track admission to avoid delays that could harm the project's commercial viability, noting that the wind farm would cost €70m to build, connect to the national grid, and create about 160 jobs over an 18‑month construction period.
Two men imprisoned by the High Court for interfering with KBC Bank's repossession of a farm at Falsk, Strokestown, County Roscommon will remain in custody after declining to purge their contempt of court. Michael Anthony McGann, the property owner, and Kevin Taylor, a retired garda from Dublin Road, Longford, were arrested in November alongside a third man following efforts by the bank's agents to secure the property after a 2018 eviction. While Colm Granahan from Ballina, Mayo purged his contempt in December and was released, McGann and Taylor have maintained their refusal to do so. At a High Court hearing on Thursday, Ms Justice Leonie Reynolds reviewed their cases remotely. McGann, now represented by solicitor, stated he would not purge contempt, as did Taylor. The judge remanded both men in custody until April, confirming they may apply to purge contempt at any time. The case arises from a €431,000 debt on the property.
In February 2021 the High Court saw FBD Insurance Plc withdraw its challenge to the Financial Services and Pensions Ombudsman's investigation into a complaint by Phil Flannery's of Denmark Street Ltd. The complaint concerned the insurer's refusal to pay a business interruption claim arising from the Covid‑19 pandemic. FBD had earlier obtained permission to seek judicial review of the Ombudsman's probe, arguing that the same issues were already being litigated in separate High Court cases involving pubs and that continuing the investigation would duplicate proceedings and breach fair procedures. The court was told the case would be struck out and that FBD would contribute to the notice party and the Ombudsman's costs. The Ombudsman's lawyers had warned that the challenge was unprecedented and that they would oppose any attempt to halt the investigation. The withdrawal meant the investigation would continue as originally planned.
In a High Court judgment, Ms Justice Miriam O'Regan adjourned for one year a Section 160 application brought by Jim Ferry against John Caulderbank (trading as D&M Services) and D&M Environmental Services Ltd (trading as DM Waste). The action, filed under the 2000 Planning and Development Act and the 1996 Waste Management Act, alleged that the respondents' waste facility at Labbadish, Manorcunningham, Letterkenny, Co Donegal, was operating without proper planning permission. The judge found the development currently unauthorised but noted the respondents had been attempting to regularise their status since 2018, following enforcement notices from Donegal County Council. The court adjourned the matter to allow the respondents to pursue substitute consent from An Bord Pleanala and future planning permission from the council. The judge described Mr Ferry, who was jailed for nine weeks in 2019 for failing to comply with High Court orders regarding his former company Ferry Refuse Collection, as a "notorious environmental polluter." She stated his motives were "at best" highly suspicious and potentially driven by personal grievance. The respondents alleged the action was a campaign of retribution, which Mr Ferry denied. The judge noted that closing the respondents' business would adversely affect Co Donegal.
In a High Court decision, Mr Justice Denis McDonald ruled that FBD Insurance's policies cover losses suffered by pubs that closed due to Covid‑19, overturning the insurer's earlier refusal to indemnify four test cases. The four pubs – Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar) – argued that their policies included a clause indemnifying them when closures were caused by outbreaks within 25 miles. FBD contended that the closures were not linked to such outbreaks and that it never insured against pandemics. The judge rejected FBD's interpretation, stating that coverage is not lost when closures are prompted by nationwide outbreaks. The parties remain in discussion over the quantum of payouts, with the court scheduled to address outstanding issues on 26 February. FBD has announced it will not appeal the ruling.
Naoufal Fassih, a Dutch gang leader with alleged links to the Kinahan cartel, has appealed a High Court decision permitting his trial in the Netherlands for murder and incitement to murder. Fassih, a 40-year-old Dutch citizen of Moroccan origin, was surrendered to Dutch authorities in 2017 under a European Arrest Warrant (EAW) for alleged attempted murder, assault, possession of false documents, and money laundering. He was subsequently convicted in the Netherlands of all these charges and sentenced to 18 years in prison. In 2020, Dutch authorities sought Irish permission to prosecute him for further murder-related offences. The High Court granted this permission in July last year. However, counsel for Fassih argued before the Court of Appeal that the original EAW was issued by a Dutch public prosecutor, which the Court of Justice of the European Union later ruled is not a recognised "judicial authority." Consequently, they contended the High Court lacked the legal basis to allow further prosecution. Counsel for the Minister for Justice countered that if this argument succeeded, it would cast doubt on all surrenders to the Netherlands between 2003 and 2019. The three-judge Court of Appeal, presided over by Mr Justice George Birmingham, reserved its judgment, noting it had "quite an amount to consider." The matter remains adjourned pending the court's decision.
A special needs school in County Meath has initiated High Court judicial review proceedings challenging a Department of Education directive to readmit a pupil who was expelled in September 2020. The board of management at Stepping Stones Special School, Harristown, Kilcoon contests the decision following allegations that the student engaged in multiple violent incidents towards staff and other pupils, causing injury and property damage. The school argued the pupil presented a health and safety risk. Following the parents' appeal, a departmental committee allowed the appeal and recommended readmission after a suspension period to enable support measures. The school contends the committee's findings were irrational, focusing inappropriately on the school's response rather than the pupil's violent conduct, and that the department's subsequent readmission direction contradicted the committee's own recommendation. The board seeks orders quashing both the committee's findings and the departmental direction, and requests constitution of a new committee. Mr Justice Charles Meenan granted permission to proceed on an ex-parte basis and imposed a stay on the readmission directive pending further hearing in mid-March.
A High Court judicial review has been filed by Shadowmill Ltd, a group of local residents, against An Bord Pleanala's decision to grant planning permission for 18 new apartments on the site of the protected Stone Villa on Dublin's North Circular Road. The board had approved Lilacstone Limited to renovate Stone Villa into three apartments and to construct an additional 29 units. Shadowmill argues that the decision is flawed because it would remove significant tree cover and potentially disturb bat species that use the site for foraging and roosting. They claim the board lacked necessary information on bat roosts, failed to conduct an Environmental Impact Assessment, and contravened the 2016‑22 Dublin City Development Plan and the 2001 Planning and Development Act. The case was heard by Mr Justice Charles Meenan, who directed that the challenge be formally notified to the board, with a hearing scheduled for April.
Businessman Declan Ganley and his telecommunications company, Rivada Networks, have filed a defamation claim in the Irish High Court against CNN, alleging that a broadcast on 20 October 2020 maliciously portrayed them as having engaged in corrupt practices to secure a U.S. 5G contract. The plaintiffs argue the broadcast wrongly suggested they initiated a corrupt process, causing reputational damage and loss. They claim the content was entirely unfounded, grossly defamatory, and published with malicious intent to serve a political and commercial agenda linked to CNN's owners, AT&T. CNN has not apologized or removed the material. The case also names Cable News International Ltd and Turner Broadcasting System Europe Ltd as defendants. The High Court granted the plaintiffs permission to serve notice on the U.S. and U.K. defendants, as the broadcast was accessible to a wide Irish audience and led to further re‑publications. The action seeks damages and a correction order.
In a High Court case, Integrated Environmental Solutions Ltd (IES) and its subsidiary IES R&D Ltd have sued four former Irish employees—John Gleeson, Stephen Earle, Darren Jordan, and Sean O'Riordan—alongside the company Building Performance Consulting Engineers (BPCE). IES alleges that the defendants, all senior staff at its Irish branch, resigned between December and January of the previous year and, while still employed, diverted business to BPCE, a rival firm they are said to have set up. The claim further states that the ex‑employees took IES's proprietary "Virtual Environment" software and created models for BPCE's benefit. IES seeks injunctions to prevent the use of its software and to recover any revenue earned by the defendants from solicited business during their employment. Justice Leonie Reynolds granted IES permission to serve short notice of the proceedings, with the case scheduled to return next week.
A man has appeared before the High Court in Dublin following his arrest on a European Arrest Warrant issued by Suffolk police. Oliver Lown, aged 35, with an address in Kesgrave, Suffolk, was arrested by gardaí from the Extradition Unit on Monday at Gortnaskea near Letterkenny, County Donegal. He faces twelve charges in the United Kingdom, including sexual activity with animals, possession of extreme pornographic material, and making indecent images of children. According to the warrant, over 1,000 extreme pornographic images and thousands of videos were recovered from a laptop seized during a police search in April 2019. Mr Justice Paul Burns remanded Mr Lown in custody and fixed 26 February for the full extradition hearing, when an application for bail is anticipated to be made.
In Co Kerry, a primary school has filed a High Court challenge after a Department of Education committee ordered it to enrol two siblings. The school had previously refused the children, citing full capacity. The mother appealed to the Department, and a three‑person committee upheld her appeal, directing the school to admit the children immediately. The school's board of management argues the committee erred in law, misapplying the 2018 Education (Admission to Schools) Act and incorrectly determining the school was not oversubscribed. The board seeks to quash the committee's decision, have the appeal remitted to a new committee, and obtain declarations that the committee's decisions were irrational, void, and without legal effect. The mother is a notice party. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case returnable to early March.
In a landmark High Court decision, Mr Justice Denis McDonald ruled that four pub owners are entitled to compensation from insurer FBD for losses caused by Covid‑19 closures. The judge held that the policy's coverage applies when a closure is prompted by outbreaks of contagious disease within a 25‑mile radius, even if the government's nationwide order is the proximate cause. FBD's argument that it never covered pandemics was rejected. The court clarified that losses incurred before the imposed closure are not part of the insured peril and that the pub owners may claim indemnity until losses cease or the indemnity period ends. The judge adjourned the case for further submissions, noting that the quantum of losses will be determined later. The decision affects about 1,000 Irish pubs and restaurants seeking claims under similar policies.
The Dublin Airport Authority (DAA) has sought to add Fingal County Council to proceedings it has brought against Traveller families occupying land in Collinstown, north Dublin, which the DAA claims is needed for a new North Runway. The DAA alleges the land, previously leased to the council for Traveller accommodation, is now occupied by members of the McAleer family who have no entitlement to be there. The families, represented by Quinn & Reynolds Solicitors and the Free Legal Advice Centres, deny wrongdoing and oppose the DAA's action. The DAA says it has no option but to involve the council because the council failed to hand over vacant possession after a notice to quit in 2017. The High Court, hearing the case, has allowed the DAA to seek permission to join the council to the action, with the matter adjourned to a later date.
A Monaghan businessman has informed the High Court he will not comply with orders to stay away from two properties in the county and is prepared to remain in custody at Mountjoy Prison. Fergal Deery, of Drumhillock, has spent nearly nine weeks in prison following his committal in early December by Mr Justice Senan Allen for contempt of court orders originally made in 2015. The orders, secured by Wardglade Limited which acquired the premises, then operating as a bar and nightclub, restrain Mr Deery from trespassing on or interfering with the properties located in Monaghan Town. Mr Deery, who denies breaching the orders, has disputed the sale as fraudulent and claims unlawful eviction from the premises in 2013. At a High Court review on Tuesday, Mr Deery appeared via video link from prison and reiterated his refusal to purge his contempt. Mr Justice Allen noted that Mr Deery could secure his release at any time by agreeing to comply with the court orders, but stated he must remain imprisoned until willing to do so.
Mr Daryle Singh, aged 52, faces three charges under the Child Trafficking and Pornography Act for allegedly possessing nearly 300 child‑abuse images on two hard drives and in print at a Dublin property on 8 November 2011. He denies the allegations and argues that the protracted investigation and prosecution have denied him a fair trial. The images were seized by Gardai during a search unrelated to the case, but the computers were not forwarded to the Garda's National Cyber Crime Unit until early 2014, with an analysis report received only in June 2019. Singh was arrested in late 2019, returned for trial in November 2020, and is not expected to appear before a judge and jury until mid‑2022. In a High Court judicial review, he seeks to halt further prosecution steps, declares the delay unfair and a breach of his constitutional and human‑rights guarantees, and requests damages.
In a High Court hearing, five judicial review actions challenging the Minister for Education's decision not to reopen schools for pupils with special educational needs were agreed to proceed by way of a telescoped hearing. This means the applications for permission to bring the challenges and the challenges themselves will be heard together by the same judge, Mr Justice Charles Meenan. Derek Shortall SC, representing the applicants, said the matter is extremely urgent and hoped the court would hear two lead cases rather than all five. Catherine Donnelly SC, for the respondents, said the State needed time to reply and that fixing a hearing date was premature. Mr Justice Meenan directed the State to file its reply within a week and adjourned the matter for a week, after which a hearing date would be fixed. The actions were brought on behalf of five school‑going children with special needs, who cannot be identified for legal reasons.
The Norwegian Airline group has applied to the High Court for orders repudiating over 30 leasing agreements for aircraft. The group's application was mentioned before Mr Justice Michael Quinn on Thursday. The group's parent company and three Irish subsidiaries have been granted court protection and the examiner Mr Kieran Wallace is currently putting together a scheme of arrangement, which if approved by the court will allow the airline continue as a going concern. The airline, which has announced that it is to end long‑haul flights and reduce to number of routes it had previously flown, is seeking to have lease agreements for some 36 aircraft repudiated by the court. Brian Kennedy SC, for the airline, told the court that the repudiation of these lease agreements needed to be done as a matter of urgency.
The Office of the Director of Corporate Enforcement (ODCE) applied to the High Court to appoint five additional examiners to review documents seized from the Football Association of Ireland (FAI), where legal privilege is claimed. In November, barrister Niall Nolan BL was appointed as the independent person to examine materials over which former FAI CEO John Delaney and the FAI assert privilege. The ODCE proposed adding five more persons to accelerate the process, given that 280,000 files were seized in February 2020, with legal privilege claimed over 3,800 documents. Kerida Naidoo SC, representing the ODCE, told Ms Justice Leonie Reynolds that the additional resources would allow the process to be completed in weeks. The ODCE also proposed specific formatting for Mr Nolan's report, which will aid the court in determining privilege. The FAI, represented by Brian Gageby BL, raised no objections to the appointment of extra examiners. However, Paul McGarry, representing Mr Delaney, expressed concerns regarding certain ODCE proposals. Ms Justice Reynolds adjourned the matter to a date next month to allow the ODCE to set out its proposals and for the other parties to fully consider them. This procedural step arises from the ODCE's criminal investigation into the FAI, where the court must determine which seized files are protected by legal professional privilege and thus cannot be used in the probe.
Sylvia O'Mahoney, a South Dublin resident, brought High Court proceedings against Facebook Ireland Ltd, alleging that a hacker accessed her account and breached her constitutional privacy and GDPR rights. Ms O'Mahoney claimed she was locked out after discovering unauthorized messages, including invitations to a decking company, and that her profile name had been changed to 'Luo Yihan'. She reported the issue via Facebook's automated system but received only automated responses in Chinese. In her sworn statement, she sought mandatory injunctions to prevent the unknown user from accessing her account, the return of stolen data, and full activity logs from January 1st. Facebook accepted the account was hacked but denied culpability, stating it restored access within two business days and provided all requested information. Counsel for Facebook, Rossa Fanning SC, argued there was no evidence of Facebook's fault, while Ms O'Mahoney's counsel, Jack Fitzgerald, noted the matter had become more urgent due to the account being linked to unrelated entities. Ms Justice Reynolds adjourned the matter to a date in early February to allow the parties to exchange documents.
A businessman from Monaghan remains in custody at Mountjoy Prison after declining to purge contempt of court. Fergal Deery has spent nearly eight weeks in prison since early December following a High Court finding that he breached orders made in March 2020. The orders, originally issued in 2015, required him to stay away from two properties in Monaghan Town formerly operated as a bar and nightclub. The properties were acquired by Wardglade Limited from a receiver in 2015. Wardglade brought fresh proceedings last year alleging multiple breaches, including unauthorised entry to the premises and a campaign of intimidation against company figures. At a High Court review on Tuesday, Mr Deery, appearing via video-link, denied breaching the orders and refused to give undertakings to comply. Ms Justice Leonie Reynolds adjourned the matter to early February. Mr Deery denies the allegations and has claimed the original property sale was fraudulent.
Independent Councillor Charlie Farrelly has brought a High Court action against Kerry County Council and the North, East and West Kerry Development Partnership, challenging the method used to select two councillors for the Partnership's board. Represented by Elizabeth Murphy BL, Cllr Farrelly claims the Council's selection procedure was flawed and unlawful. He alleges that the Council should have used the Group Voting System to ensure minority representation, rather than individual voting, which he contends allowed a majority of councillors to appoint both members while rendering minority votes ineffective. Cllr Farrelly seeks declarations that the procedures were contrary to statute, void, and unlawful, along with an order quashing the November appointments and directing the Council to reselect members. Permission to bring the action was granted on an ex-parte basis by Mr Justice Charles Meenan, who also placed a stay on the Council's appointments. The judge noted he would entertain any application by the respondent to lift the stay once made on notice to Cllr Farrelly's lawyers. The matter was adjourned to a date in March.
In a written judgment dated 25 January 2021, Justice Niamh Hyland refused to grant the Irish Coursing Club (ICC) an injunction that would have allowed hare coursing to resume during Level 5 Covid‑19 restrictions. The court held that it lacked jurisdiction to issue a mandatory injunction directing the Minister for Health to permit coursing, arguing that such an order would usurp the exclusive function of the Oireachtas and compel the Minister to act outside his powers. Justice Hyland noted the severity of the pandemic, the risk to public health, and the potential for harm to life if 36 coursing meetings with up to 3,000 participants were held. She also considered the ICC's efforts to be Covid‑19 compliant and the financial losses to breeders and trainers, but concluded that the balance of convenience favoured dismissing the injunction.
Caroline Donovan, a former resident of Bessborough House in Blackrock, Cork, has initiated a High Court personal injuries claim against the State, the HSE, and the Congregation of Sacred Hearts of Jesus and Mary. Ms Donovan, who resided at the facility in the mid-1980s and early 1990s, alleges she was subjected to physical and emotional abuse, constituting a breach of her constitutional rights. She claims she was forced to work unpaid for the facility and a local family under harsh and unsafe conditions. Additionally, Ms Donovan alleges that her baby girl, born in the early 1980s when Ms Donovan was 15, was wrongfully adopted without her consent following undue influence. The defendants include the Minister for Health, the HSE, Ireland, the Attorney General, and the nuns who ran the home, which closed in 1999. Represented by solicitor Siobhan O'Neill and barristers Frank Callanan SC and Conor Duff BL, Ms Donovan intends to formally lodge the proceedings in the coming days. This action is understood to be among the first brought following the publication of the final report by the Commission of Investigation into Mother and Baby Homes. The matter is at the hearing_or_decision stage, with the case expected to come before the courts at a later date.
John Waters and Gemma O'Doherty appealed a High Court refusal to allow them to challenge the constitutionality of Covid‑19 laws. The Court of Appeal, sitting with Justices Birmingham, Edwards and Costello, reserved its decision after hearing submissions. The applicants argued the High Court's denial was wrong, claiming they were denied a fair hearing and that the proceedings were held in camera, preventing public attendance. They criticised the pandemic restrictions as "draconian" and "unconstitutional", questioning the use of masks, social distancing, testing accuracy, vaccine safety and the official death count. The State, represented by Michael Collins SC and Patrick McCann SC, urged dismissal, describing the applicants' submissions as "appalling" and lacking evidence. The appeal concerns the High Court's refusal to grant leave, not the substantive merits of the constitutional challenge. The Court of Appeal has not yet ruled.
In a High Court case, Judge Paul Burns will write to UK authorities seeking clarification on post‑Brexit extradition law concerning Keith Anthony McCarthy, a 40‑year‑old Limerick man wanted in the UK for the murder of Kerrin Repman, 29, in Essex. McCarthy, also known as Keith Galvin, is accused of murder by deliberately running down Repman on a scooter and of grievous bodily harm with intent to a 79‑year‑old pensioner who suffered multiple broken limbs. Both charges carry a life sentence. An EAW was issued on 27 November, and McCarthy was arrested five days later in Midlands Prison, where he is serving a separate sentence. His lawyer, Brian Storan, argues that McCarthy was arrested before Brexit and is now "caught between two stools," claiming the EAW Act no longer applies under the post‑Brexit Trade Agreement.
In January 2021, Energia Group Holdings DAC and its subsidiaries Energia Renewables ROI Ltd and Energia Offshore Wind Ltd lodged High Court proceedings against the Minister for Housing, Local Government and Heritage and the Minister of State for Local Government and Planning. They challenged a decision made in October 2019 to introduce a priority order for processing foreshore licence applications. The priority order gave precedence to projects deemed most aligned with national policy, such as inter‑connectors and national test sites, while projects off Helvick Head in County Waterford and off Cahore Point in County Wexford – the sites for Energia's two offshore wind farm proposals – were assigned a lower priority. Energia argues that the minister lacks statutory authority to set such an order, that no reasons were provided, and that the decision has caused unreasonable delays to its applications, which were lodged 20 months earlier.
In a High Court judicial review, Keshmore Homes Ltd (KHL) challenges An Bord Pleanala's refusal to grant planning permission for a 64‑unit housing development in Kildare Town. The proposed site, adjacent to an existing residential estate, would include detached, semi‑detached, terraced houses and eight apartments in a two‑storey block. KHL had previously applied for permission, which was denied by Kildare County Council and upheld by An Bord Pleanala in November. KHL argues that the board's decision was flawed, citing failures to consider the developer's submissions, lack of reasons, and an alleged invalid variation of the 2017‑23 Kildare County Development Plan. The developer seeks an order to quash the refusal. Mr Justice Charles Meenan granted permission for the challenge and adjourned the case to March. The hearing is part of ongoing judicial review proceedings.
Pharmaceutical company AbbVie has filed a precautionary High Court action against the Revenue Commissioners concerning a €587 million tax bill that arose after its acquisition of Allergen. The bill was originally imposed following a 2020 budget measure that made share‑cancellation schemes liable for a 1 % stamp duty, a change from previous tax exemption. AbbVie contested the assessment, and a Tax Appeals Commissioner (TAC) ruled in its favour, reducing the liability to zero. Revenue appealed the TAC's decision to the High Court, arguing the TAC lacked jurisdiction. AbbVie's counsel, Michael Cush SC, described the action as precautionary, aiming to protect its position should the High Court find the TAC's jurisdiction invalid. The case, heard by Mr Justice Charles Meenan, was granted permission on an ex‑parte basis, with proceedings scheduled to resume in late March.
The High Court heard that the United States has formally withdrawn its extradition request for Conor Freeman, a 21-year-old from Dun Laoghaire, Co Dublin. Freeman, who appeared by video-link from Mountjoy Prison, is no longer facing a maximum potential sentence of 108 years in the US. The Attorney General's counsel informed Mr Justice Paul Burns that the US diplomatic note confirmed the withdrawal because Freeman had already been convicted and sentenced in Ireland for the same offences, with no appeals lodged. Freeman had previously pleaded guilty in the Dublin Circuit Criminal Court to possessing the proceeds of crime, specifically 142.75682712 Bitcoin. He also admitted to stealing cryptocurrency from Darran Marble, Seth Sharpiro, and Micheal Templeman between May 15 and May 18, 2018, and to three counts of dishonestly operating a computer to make a gain. Judge Martin Nolan sentenced Freeman to three years' imprisonment, reduced to two years and 11 months to account for time already served. The judge noted the crime involved guile and deception but acknowledged almost perfect mitigation, including Freeman's guilty plea, cooperation, youth, and lack of prior convictions. US authorities had alleged Freeman participated in attacks by a group called 'The Community' using SIM swapping techniques to steal over $2 million in cryptocurrency.
In the High Court, Ms Justice Leonie Reynolds recommended that the Office of the Director of Corporate Enforcement (ODCE) consider appointing a second qualified person to assist barrister Niall Nolan in examining documents seized during its criminal investigation into the FAI. The matter, which involves former FAI CEO John Delaney as a notice party and the FAI as respondent, was adjourned to a date later this month. Mr Nolan, appointed last November to review materials over which legal privilege is claimed, reported good progress but described the task as mammoth. To date, privilege claims have been made for approximately 1,000 FAI documents and over 3,500 documents by Mr Delaney. Mr Nolan requested basic general information from the parties to aid his determination of privilege. Kerida Naidoo SC, representing the ODCE, stated the director would consider the appointment of an additional person but refused to disclose details of the criminal investigation to any party, including Mr Nolan. The judge declined to rule on Mr Nolan's requests at this stage, emphasizing that any information provided to him would be treated in strict confidence. The inspection concerns 280,000 files seized in February 2020, covering a 17-year period. The case has been adjourned from time to time due to the volume of documentation and the pandemic, with the judge hoping for completion in the coming weeks.
A mother of two, who relies on social welfare, has filed a High Court challenge against the Legal Aid Board after it denied her legal aid application. She argues the Board wrongly treated her Housing Assistance Payment (HAP) as income, which pushed her over the financial threshold for aid. The woman, who cannot be named, claims the HAP is a housing support paid to the landlord, not a benefit or income, and that the Board failed to consider her lack of means to fund litigation. She alleges the decision breaches her rights and statutory obligations. The Board's refusal was upheld in an internal appeal in October. The woman seeks judicial review to quash the refusal, compel reconsideration, and obtain declarations that the decision was unlawful, unreasonable, and based on irrelevant considerations. Mr Justice Charles Meenan granted permission ex‑parte, setting a return date for March.
Peter Sweetman, an environmental activist, has filed a High Court challenge against the Minister for Housing, Local Government and Heritage over a foreshore licence granted in October 2020 to allow investigative works for a proposed expansion of an offshore wind farm off the Wicklow coast near Arklow. The licence authorises site investigation that Sweetman claims is intended to increase the number of turbines from the existing seven to a maximum of 200. Sweetman argues that the licence decisions contravene EU habitat directives, lack published decision-making records, and were made without providing reasons, thereby breaching fair procedure. He seeks orders to quash the licence decisions. The case, with Sure Partners Limited as a notice party, was heard by Mr Justice Charles Meenan, who granted Sweetman permission to proceed and adjourned the matter to March after submissions from counsel. The proceedings remain in judicial review stage.