A High Court challenge has been brought by Emma Kelly against the Attorney General regarding the refusal to order a fresh inquest into the 2008 drowning death of her brother, John Kelly, at Britain Quay in Dublin Docklands. The case, heard before Mr Justice Charles Meenan, concerns the AG's October decision to decline the family's request under the 1962 Coroner's Act for a new inquest. The applicants allege the original 2009 inquest, which found the death a misadventure, was flawed by procedural irregularities, including a failure to call eyewitnesses and a denial of the option for a jury trial. They further claim the decision to refuse a new inquest is unfair, irrational, and contrary to public interest, citing a 2018 report by retired Mr Justice Daniel Herbert that criticized the Garda response as "confused, inappropriate, and inadequate." Emma Kelly, from Athy, Co Kildare, seeks orders quashing the AG's decision, directing a new inquest, and declaring the refusal unlawful and in breach of the European Convention on Human Rights. The application was made on an ex-parte basis. Mr Justice Meenan directed that the application for permission to bring the challenge be heard on notice to the respondents. The matter was adjourned to a date in March.
A social worker, Ms Claire Looney, has initiated a High Court action to prevent her employer, Waterford Intellectual Disabilities Association (WIDA), from dismissing her following a two-year suspension. The action is aimed at halting her dismissal from her role as Head of Clinical Services with an association that supports people with intellectual disabilities in the South East. Ms Looney alleges that her dismissal followed an extremely flawed process and that she was penalised by the HSE due to protected disclosures she made regarding the alleged abuse of a woman with intellectual disabilities, known as 'Grace', while she was in care. She claims she made protected disclosures to the Department of Health, the HSE, and the Dail Public Accounts Committee about the care of 'Grace' and others in the same placement in 2009. These disclosures led to the establishment of the Farrelly Commission in 2017. Ms Looney was suspended in 2018 and, despite being exonerated of an allegation regarding HIQA, was informed in August that she would be dismissed, a decision upheld on appeal in November. Counsel for Ms Looney argued that the investigation into the allegations against her was flawed and that the terms of reference changed, leading to new allegations. The matter was adjourned to a date in mid-January, with the defendant directed to produce a replying sworn-statement in reply to Ms Looney's claims before then.
In a High Court hearing, Mr Justice Senan Allen ruled that a 'lites pendentes' notice registered by defendant Bill Cullen over Killegy House in Killarney, Co Kerry, must be vacated. The notice, which formally recorded a dispute over the property's ownership, was challenged by applicants including receivers Kavanagh Farrell, the Glencullen companies, Ulster Bank Ireland DAC, and Seaconview Ltd. These parties disputed Cullen's claim to a 50% interest in the property, alleging the action was not prosecuted bona fide. Cullen opposed the motion, asserting his entitlement to half the proceeds of any sale and rejecting claims that his 2018 action was insincere. He noted that separate proceedings by his partner, Jackie Lavin, had been settled in 2017. The judge vacated the notice on the procedural ground that it was not properly registered under the 2009 Land and Conveyancing Law Reform Act. While the court did not find the claim lacked bona fides, it held that even if Cullen succeeded in his main action for damages, this would not establish the beneficial interest required to maintain the notice. The matter was adjourned and will return before the court in the New Year.
Premier Tickets Limited, a Dublin‑registered ticket‑selling company, has brought a claim in the High Court alleging that €318,000 was taken without authorisation from its PayPal account between 12 and 17 November. The company says the money it holds in its account is kept on trust for ticket holders until the event is redeemed. It alleges that €311,000 was transferred to a Citibank account in the UK on 12 November, that £3,200 was paid to its account a few days later, and that over $7,500 was transferred to a Bulgarian entity on the same day. Premier Tickets says none of these transfers were sanctioned by the company and that PayPal failed to refund the money or provide reasons for the transfers. The company seeks an injunction directing PayPal's European branch to lodge the €318,000 into its account and to disclose the results of its investigation.
Barry McArdle, 34, was formally surrendered to Dutch authorities at the High Court following the lifting of a postponement order. The surrender relates to his conviction for the stabbing and dismemberment of Keith Ennis in 2009. Although McArdle was initially acquitted of the stabbing in 2017, the Dutch public prosecutor successfully appealed that verdict. In 2020, after a Supreme Court ruling upheld the appeal, McArdle was found guilty of the stabbing and sentenced to 13 years. The High Court heard that the balance of his sentence left to serve is 4,514 days. McArdle had previously been convicted of removing or disposing of Mr Ennis' body to conceal the cause of death, a charge for which he had already served his sentence. He was arrested in Galway on July 1 under a European Arrest Warrant issued in April and endorsed by the High Court in June. His legal representative, Ms Leanora Frawley BL, stated that McArdle was no longer seeking a postponement for a medical procedure, having previously requested time for a colostomy consultation. The Minister for Justice's counsel, Ms Caroline Cummings SC, confirmed the warrant details. Detective Garda Eoin Kane noted that McArdle is considered a flight risk with 19 previous convictions, including drug supply offenses. The court proceedings concluded with the formal surrender to the Netherlands.
The High Court heard the State's apology to Joanne Hayes and her family regarding the Kerry Babies case, concluding a settlement of damages actions. Ms Justice Leonie Reynolds described the events as a "travesty" and a "dark chapter" in Irish history. The damages actions against the Garda Commissioner, the Minister for Justice, Ireland, and the Attorney General were struck out, while proceedings against the DPP were discontinued. The court issued declarations that all tribunal findings of wrongdoing against the family were unfounded and incorrect. It further declared that the family's questioning, arrest, charge, and prosecution between April and October 1984 were unfounded and breached their constitutional rights. A separate damages claim by Yvonne McGuckin was also settled and struck out. The court noted that the family's arrest, interrogation, detention, and charge were improper after a May 1984 blood test confirmed Ms Hayes was not the mother of baby John. The State expressed deep regret for the hurt caused, reiterating a 2018 apology. The declarations will be permanently attached to the tribunal report in the Oireachtas Library to ensure the accuracy of the public record. The family stated the resolution vindicates their good names after more than 35 years.
The High Court has granted permission for the Orchard Road and Grove Planning and Environmental Protection Group to challenge An Bord Pleanala's decision to grant planning permission for a 216-bed student accommodation development in Cork City. The applicant, representing local residents, alleges that the board's October 19 decision is flawed and breaches fair procedures. Specific claims include a failure to properly assess impacts on protected natural sites, an erroneous finding regarding minimal loading on a local wastewater treatment plant, and incompatibility of pre-planning consultation with EU Environmental Impact Assessment directives. The group further asserts that the development contravenes the Cork City Development Plan and that the Health Service Executive was not duly notified. The applicant seeks to quash the board's decision and obtain a declaration that certain consultation procedures under the 2000 Planning and Development Act and the 2016 Residential Tenancies Act are invalid. The respondents include the Minister for Housing, Local Government and Heritage, Ireland, and the Attorney General, while Denis O'Brien Developments Cork Ltd is a notice party. Mr Justice Richard Humphreys, managing the strategic infrastructure development and commercial planning list, granted the application for leave to bring the action. The matter was adjourned to a date next month.
In a High Court settlement, the State confirmed that a person shooting on their own for exercise within 5 km of their home during Level 5 Covid‑19 restrictions was not in breach of the temporary regulations. The case, brought by farmer John Flannery of Mill Road, Newtown, Nenagh, sought a declaration that his rough shooting of authorised species on his own land did not contravene the restrictions. Flannery, a firearms licence holder and long‑time member of the National Association of Regional Game Council, had continued to shoot within the 5 km limit during Level 5. He had been told by the Gardaí that pheasant shooting was prohibited, but argued that the Garda website contained misleading information. The court, hearing the matter in November, adjourned it for out‑of‑court discussions. The settlement clarified that rough shooting for exercise within the 5 km radius was permissible under the Level 5 restrictions, and the judge welcomed the resolution.
Martin Jude Wall, 45, appeared by video-link at the High Court where Mr Justice Paul Burns granted him bail with strict conditions, fixing an extradition hearing for January 20, 2021. Wall, who pleaded guilty in 2012 to attempting to entice a child for indecent purposes in Georgia, is wanted by US authorities for breaching his 15-year probation by fleeing to Ireland. If found guilty of the breach in America, he faces a possible 15 years imprisonment. The court noted he was an "undoubted flight risk" and "determined not to make himself amenable," yet "reluctantly" granted bail due to self-harm risks. Conditions include two independent cash sureties of €5,000 each, a €1,000 cash bond, residing at a Clontarf address, obeying a curfew, surrendering his passport, being of good behaviour, and signing daily at a garda station. Wall was remanded in custody with consent to bail. Detective Garda Robert Comerford objected to bail, citing Wall's history of absconding and homelessness in the US. Mr Remy SC argued the conviction was a state matter and Wall had lived openly in Crossmolina, Co Mayo, since 2015. Gardaí arrested Wall on December 8, 2020, executing a US arrest warrant from November 2019.
In a High Court hearing, Facebook Ireland Ltd argued it would face difficulties complying with a Norwich Pharmacal order sought by former Fianna Fail TD Frank O'Rourke. O'Rourke's application, following a successful order against Twitter, seeks details of an account he claims posted defamatory content about him, including the holder's name, email and IP address. Facebook's counsel, Rossa Fanning, explained that the company lacks a Uniform Resource Locator (URL) for the alleged defamatory post, which is necessary to identify the poster. The company also cited concerns about handing over information on a common name that could lead to the wrong account being disclosed. Justice Leonie Reynolds directed Facebook to submit a sworn statement detailing the steps it has taken to locate the account. The case was adjourned to January, with O'Rourke alleging that the posts were intended to damage his political career during the 2020 General Election. The court noted that O'Rourke had lost his seat in February's election.
Mihai Adrian Hofman, a Romanian chef who has lived in Ireland since 2010, has filed a High Court challenge against the State's decision to stop his Covid‑19 Pandemic Unemployment Payment (PUP) after he temporarily left the country for a family emergency in late June. Hofman began receiving PUP payments in late March, but when he returned to Romania in June, the Minister for Social Protection unilaterally ceased his payments. He returned to Ireland on 21 July, having been prevented from returning earlier by a flight cancellation. Hofman argues that the cessation was unreasonable, unlawful, and that he was denied notice and an opportunity to address the Minister's concerns. He seeks an order quashing the Minister's decision, back payments, and declarations that the Minister erred in law and failed to provide notice. The case was granted ex‑parte permission by Mr Justice Charles Meenan and is set for a January hearing.
Businessmen Gary and David McGuinness have resolved their High Court action against US-based David Morrisroe over an alleged €1.25m investment dispute. The brothers, represented by Stephen Byrne BL, had sued their friend for failing to account for or return inheritance funds given to him in 2015 and 2016 to invest in Irish and European property and precious gems. They alleged that no such investments were made and that Mr Morrisroe misappropriated the money. Last October, the court granted temporary injunctions, including a worldwide freezing order, to prevent Mr Morrisroe from dissipating assets below the €1.25m threshold. The defendant denied all allegations of wrongdoing. The matter returned before the court on several occasions and was adjourned to allow talks between the sides to take place, with the restraints remaining in place. When the case was mentioned before Ms Justice Leonie Reynolds on Friday, the court heard that the matters had been resolved following out-of-court discussions. Counsel for the applicants stated the proceedings could be struck out with no order as to costs, noting the matter could be re-entered to enforce settlement terms. Solicitor Gerald Kean, for Mr Morrisroe, confirmed the orders could be made on consent. While the agreement is confidential, the court previously heard the brothers are to receive a substantial payment from the defendant.
In a High Court hearing, counsel for Freddie Sherry argued that the 2020 Leaving Certificate standardisation process would not have discriminated against students from disadvantaged schools, even if historical school performance data had been used. He compared the Irish system to those in England and Scotland, noting that the latter had faced criticism for disproportionately downgrading students from poorer areas. The counsel highlighted that Irish authorities had incorporated safeguards to prevent such bias and that the Minister had decided in August 2020 to exclude historical data from the calculation, despite assurances that this would not harm disadvantaged students. Sherry, a fee‑paying student from Belvedere College, claimed the removal of school data led to a 55‑point downgrade, affecting his CAO points and his application to Trinity College Dublin's Pharmacy programme. The Minister and the State denied any unlawful interference, asserting that the process was fair and that Sherry was treated like all other students.
In a High Court hearing, Mr Freddie Sherry, a student from Dublin's Belvedere College, argued that changes to the calculated Leaving Certificate grades model unfairly disadvantaged him. His counsel, Feichín McDonagh SC, presented expert evidence showing that the Minister's decision to exclude historical school performance data disproportionately lowered Sherry's grades, reducing his estimated CAO points from 542 to 487. Sherry claimed the reduction of 55 points in five subjects prevented him from gaining a place in pharmacy at TCD. The State and Minister countered that the model was lawful, that no unfair treatment occurred, and that the changes were necessary due to the Covid‑19 cancellation of exams. They also argued that reinstating historical data would be inappropriate and could undermine the results of many students. The case remains before Mr Justice Charles Meenan.
Joanne Hayes, who was wrongly accused of murdering an infant in 1984, seeks a High Court declaration that all findings of wrongdoing against her and her siblings by the Kerry Babies Tribunal were unfounded and incorrect. The family was arrested after a newborn with stab wounds was found in Cahersiveen. Hayes was accused of being the mother of the child, baby John, and of murdering him, but a blood test later proved she was not the mother. The charges were dropped in October 1984. Hayes claims the Gardaí forced her and her family into false confessions, which they later withdrew. The Tribunal, led by Justice Kevin Lynch, made numerous unsubstantiated findings, including allegations of assault and lying, and was alleged to have shown bias by allowing inappropriate statements about Hayes' character and private health. Hayes and her siblings now seek declarations that the investigation, arrest, charge and Tribunal findings breached her constitutional rights.
A 45‑year‑old Irishman, Martin Jude Wall, is wanted in the United States after a conviction for attempting to entice a child for indecent purposes. He allegedly breached the conditions of his release by fleeing to Ireland, prompting the Chatham County Sheriff's office in Georgia to seek his extradition. Gardaí, working with the Garda Extradition Unit and U.S. authorities, arrested Wall in Ireland. He appeared before the High Court and was remanded in custody pending a hearing on 20 January 2021.
In a High Court hearing on 8 December 2020, lawyers for Freddie Sherry argued that the Minister for Education unlawfully interfered with the 2020 Leaving Certificate calculated‑grades process by excluding historical school performance data. Sherry, a student from Belvedere College, claimed the minister's August 2020 directive to omit such data caused his estimated CAO points to fall from 542 to 487, a 55‑point downgrade that prevented him from gaining a place in pharmacy at Trinity College Dublin. Counsel described the minister's action as a "top‑down intervention" that produced inflated grades and breached commitments to fairness and comparability with previous years. The minister and state lawyers denied the allegations, asserting that the exclusion was justified and that reinstating historical data would be inappropriate after CAO offers had been issued. The case, part of a broader challenge by about 50 students, is set to continue for two weeks before Mr Justice Charles Meenan.
A businessman must remain in Mountjoy Prison after a High Court judge found him in contempt of court orders relating to two properties in County Monaghan. Fergal Deery of Drumhillock was committed to prison this week following his arrest by Gardaí. The High Court had issued orders in 2015 restraining him from trespassing on premises in Monaghan Town, formerly operated as a bar and nightclub, which were acquired by Wardglade Limited from a receiver. Mr Justice Allen heard evidence on Thursday that Mr Deery had breached those orders on multiple occasions in 2019. Mr Deery denied the allegations and disputed CCTV evidence placing him at the properties. The judge ruled he should remain imprisoned unless he purges his contempt or obtains legal advice to challenge the March finding against him. Wardglade's counsel confirmed his client sought compliance with court orders rather than Mr Deery's continued incarceration.
Dunnes Stores secured a High Court injunction preventing Mr Price from selling food products, but not groceries, from its unit at Barrow Valley Retail Park, Carlow, pending a full hearing. Judge Senan Allen granted the injunction for food items, including confectionery and bottled water, citing a restrictive covenant in lease agreements that barred other units from operating as supermarkets or discount food outlets. The injunction does not extend to groceries due to uncertainty over what constitutes a grocery and the plaintiffs' failure to specify prohibited items. Mr Price's representatives argued the orders were too vague and had already ceased selling food products pending the action. The judge ruled that damages would not be adequate and that the balance of convenience favored the injunction. Legal costs will be borne by the losing side, and the case will return in January for a full trial.
A Monaghan businessman has been remanded in custody to Mountjoy Prison by the High Court following his arrest by gardaí on allegations of repeatedly breaching court orders relating to two properties in Monaghan Town. Fergal Deery of Drumhillock was brought before Ms Justice Leonie Reynolds on Wednesday evening and is accused of trespassing on and interfering with premises formerly used as a bar and nightclub, contrary to High Court orders issued in 2015. The application was brought by Wardglade Limited, which acquired the properties from a receiver in 2015. The company alleges Mr Deery breached the orders on multiple occasions in 2019 and engaged in a campaign of intimidation against associated parties. Mr Deery, who appeared unrepresented, indicated his wish to purge his contempt. Ms Justice Reynolds remanded him in custody and ordered the matter returnable before Mr Justice Senan Allen on Thursday, noting that a punitive sentence for contempt may be imposed given Mr Deery's previous breaches and prior incarceration in 2018 for similar violations.
Three men remain imprisoned in Mountjoy following their refusal to comply with High Court orders at a hearing last week. Michael Anthony McGann, Colm Granahan and Kevin Taylor were found in contempt of court for breaching orders to stay away from a property at Falsk, Strokestown, County Roscommon. The men, arrested by An Garda Síochána, appeared before the High Court via video-link on Monday. Justice Leonie Reynolds invited each to purge their contempt by undertaking to comply with the orders sought by KBC Bank, but all three refused, instead disputing the validity of the court orders. The judge determined that imprisonment must continue, noting the men could return to court at any time to comply. KBC Bank's counsel indicated the bank does not seek imprisonment but requires the men's undertakings to vacate the property, which the bank has now secured. The matter originates from a €431,000 debt on the farm, with the men having remained on the property in breach of earlier possession orders.
Former TD Frank O'Rourke has filed separate High Court applications against Facebook and Twitter seeking to identify the posters of what he alleges are untrue and defamatory posts about his personal life that appeared on social media shortly before the February 2020 general election. He claims the posts were designed to cause maximum professional damage to him during the election, at a time when he was experiencing a difficult marriage breakdown. O'Rourke says the posts, made on Facebook pages linked to the Celbridge area in early February, alleged false matters about his family and finances and were intended to show him as unfit to serve in Dáil Éireann. He also alleges a tweet was sent shortly before the election urging people not to vote for him and repeating the same untrue statements. O'Rourke, represented by Declan Doyle SC, seeks Norwich Pharmacal orders to obtain the account holders' names, addresses and IP addresses so he can sue them for defamation.
A High Court judge in Dublin ordered the surrender of Laurence 'Larry' Connors, 29, to the United Kingdom to face three burglary charges linked to alleged thefts of clothing, jewellery, accessories and cash exceeding £100,000 from homes in Kilbride, Hamilton and Cumbernauld, Glasgow, in January 2018. The European Arrest Warrant, issued in November 2019, states the offences are aggravated by a connection with a serious organised crime organisation. Connors, already in custody on other matters and scheduled for release from prison in 2026, was arrested under the warrant in May 2020. He had previously been sentenced in February 2020 by Cork Circuit Criminal Court to ten years, with the final two years suspended, for burglary, possession of stolen property and endangerment of Gardaí. Connors has appealed the severity of that sentence. The judge, Mr Justice Paul Coffey, ordered his surrender but postponed the transfer to March 22, 2021, by which time his appeal is expected to be finalised.
A High Court challenge brought by Coolberrin Wind Farm Ltd against An Bord Pleanála's refusal of planning permission for a grid connector in County Monaghan has been admitted to the Strategic Infrastructure Development and Commercial Planning list. The subsidiary of Energia Group sought to link a proposed seven-turbine wind farm to the national power network. Monaghan County Council granted permission for the connector, but An Bord Pleanála refused it following an appeal by An Taisce, citing insufficient environmental information regarding impacts on Curlew and Hen Harrier populations. The developer contends the connector is essential to the project's viability. Coolberrin seeks to quash the board's decision and obtain declarations that it erred in law and applied incorrect legal tests. An Taisce and Monaghan County Council are notice parties. Mr Justice Richard Humphreys granted permission for the action to proceed and adjourned the matter to December.
Two men remain in custody at Mountjoy Prison after refusing to give undertakings to vacate a farm at Falsk, Strokestown, County Roscommon. Michael Anthony McGann, who owns the property, and retired Garda Kevin Taylor of Longford were remanded in continuing custody by Ms Justice Leonie Reynolds at the High Court on Thursday. Both men declined to provide sworn undertakings to comply with court orders made in favour of KBC Bank requiring them to leave the premises. The bank obtained an order for possession in 2018 following a substantial debt on the property. Mr McGann disputed the proceedings, claiming perjury and fraud, whilst Mr Taylor stated he would remain in prison rather than comply. Ms Justice Reynolds said her function was solely to ensure compliance with court orders and that she would not engage with conspiracy theories. The matter will be reviewed the following week, with both men entitled to apply to purge their contempt at any time.
Two men have been remanded in custody following their failure to comply with High Court orders to vacate a farm at Falsk, Strokestown, County Roscommon. Michael Anthony McGann, who owns the property, and retired Garda Kevin Taylor of Dublin Road, Longford were arrested on Wednesday morning and brought before Ms Justice Leonie Reynolds at the High Court. The judge heard that both men were in contempt of court orders requiring them to leave the premises. KBC Bank, which holds an injunction granting it vacant possession of the farm, told the court that Mr McGann had breached an undertaking given last month to vacate the property and had made statements on social media indicating he would not leave. Mr Taylor was said to have been present at the farm and part of a coordinated attempt to frustrate the court's orders. Both men were remanded to Mountjoy Prison pending a further hearing on Thursday to address the contempt proceedings.
Jonathan Collopy, a 34‑year‑old Limerick man, is wanted in Bulgaria for an 18‑month drink‑driving sentence. He was arrested on 5 November under a European Arrest Warrant. His barrister, Ms Katherine McGillicuddy, argued that the 2016 conviction was a historical, complex matter and that Bulgarian prison conditions required an expert report. She requested the case be adjourned to allow preparation of the report, and Mr Justice Coffey set a new hearing for 21 December. Collopy had been jailed in 2004 for serious drug offences and was granted bail by Mr Justice Paul Burns last week.
The owner of a protected Dublin building, Kodasen Ltd, has taken the High Court to stop demolition works on a neighbouring property being developed for social housing. Kodasen, represented by Lydia Bunni BL, claims that the works at 84 North King Street – known as 'Malthouse Court' – could damage the structural integrity of its five‑storey building at 85 North King Street. The owner cites concerns over proposed piling works that may lack proper support, and water damage alleged to have occurred during summer demolition. Kodasen asked the defendant, Cooperative Housing Ireland Society Ltd, to halt certain works until a compromise was reached, but was informed that no undertaking would be given. The case was adjourned for a week after the defendant pledged not to carry out any works until the next hearing. The judge urged joint expert inspections to address all concerns. The proceedings remain pending.
During the High Court hearing on 24 November 2020, Mr Justice Michael White sentenced Colin Hoey, aged 30, to 21 days' imprisonment and a €2,000 fine for contempt of court after Hoey failed to attend a witness order in the Aaron Brady murder trial. Hoey had initially supplied an alibi for Brady but later withdrew it. He was jailed for not appearing at the Central Criminal Court on 4 March 2020, despite a bench warrant issued on 5 March. Hoey had presented himself at the Criminal Courts of Justice on 5 October 2020 to execute the warrant. The judge noted that Hoey was a "very decent young man" from a "very decent family" who had been caught up in a "very difficult situation" and that his failure to comply with the witness order was a serious matter. The sentence was imposed to reflect the seriousness of the contempt offence. Colin Hoey pleaded guilty. Aaron Brady pleaded guilty and was found guilty.
Conor Freeman, 21, of Glenageary Court, Dun Laoghaire, was sentenced by the Dublin Circuit Criminal Court to just under three years for knowingly possessing the proceeds of crime – 142.75682712 Bitcoin – and for stealing cryptocurrency from three victims in May 2018. He pleaded guilty to the thefts, to conspiracy to commit wire fraud, to aiding and abetting wire fraud, and to aiding and abetting aggravated identity theft. The High Court heard that the US is seeking his extradition on one count of conspiracy to commit wire fraud, four counts of aiding and abetting wire fraud and four counts of aiding and abetting aggravated identity theft, with a potential sentence of up to 108 years if convicted. Freeman's plea and cooperation were cited as mitigating factors, and his custodial sentence was reduced to two years and 11 months to credit time already spent in custody. The extradition request may be affected by his Irish conviction.
Barry McArdle, 34, of Drimnagh, Dublin, who had been living in Galway, formally surrendered to Dutch authorities for his role in the 2009 stabbing and dismemberment of Keith Ennis, 29, whose body was disposed of in a canal between Rotterdam and Amsterdam. McArdle had previously been acquitted of the stabbing in the Netherlands but was later found guilty and sentenced to 13 years in 2020 after a Supreme Court ruling upheld the appeal. He had already served two years of a 12‑year, 3‑month sentence imposed in 2018 for dismemberment. The Irish High Court issued an extradition warrant on 22 April, endorsed on 6 June, and McArdle was arrested in Galway on 1 July under a European Arrest Warrant. At the extradition hearing, the court remanded him in custody for 10 days pending surrender to the Netherlands.
In November 2020, Bronagh Conlon, co‑founder and managing director of Listoke Distillery, settled High Court proceedings that had sought to prevent her dismissal. The lawsuit, filed in July, had requested an injunction to stop her termination and to bar the appointment of a new managing director, as well as an order restraining her dismissal pending the outcome of the case. The court adjourned the matter several times to allow out‑of‑court talks, during which Conlon remained in her role. On Thursday the High Court heard that the parties had reached a settlement, and the action could be struck out on consent. No settlement details were disclosed. Conlon's statement praised the legal and financial support she received and expressed gratitude to her family, customers, suppliers and the local community. The settlement allowed her to continue as MD of Listoke Distillery, which produces the Listoke 1777 gin and operates a gin school.
An intellectually disabled man, whose identity is withheld for legal reasons, has filed a constitutional challenge against Irish law after a High Court order prevented him from marrying his girlfriend of 15 years, who also has an intellectual disability. The man had been declared a ward of court by a charity the day before his wedding, and the High Court President, Mr Justice Peter Kelly, issued an order stopping the marriage. He now seeks declarations that the 1811 Marriage of Lunatics Act, the 1871 Lunacy Regulations, and the wardship provisions of the 1936 and 1961 Courts Acts are unconstitutional and violate his rights under the European Convention on Human Rights. He also requests that Section 7 of the 2015 Assisted Decision Making (Capacity) Act be enforced immediately to replace the existing wardship system with supported decision‑making.
In a Circuit Court claim, 55‑year‑old Pamela Dudgeon sued Supermac's Ireland Limited for personal injuries sustained when a chair at a Galway outlet broke on 6 January 2017, causing her to fall. She alleges injuries to her lower back, backside and abdominal muscles, pain, difficulty driving and sleeping, and loss of work ability. Dudgeon seeks damages for negligence. Supermac's acknowledges the chair broke but denies that she fell or suffered the injuries claimed. Dudgeon's lawyers requested CCTV footage of the incident to support her claim; Supermac's opposed the request, arguing the footage was unnecessary. The Circuit Court rejected the request, and the High Court upheld that decision, stating the defendant's admission of the chair's defect made the CCTV unnecessary for the claim. The parties remain in dispute over causation and quantum of damages.
In a High Court sentencing hearing, Mr Justice Tony Hunt imposed a mandatory life sentence on Sebastian Barczuk, 32, for the murder of his former flatmate, Michal Kurek, 33, who was found dead in a country lane in Ballyboughal on 4 August 2017. Kurek's body bore 62 stab wounds, including 25 to his back, and a Nokia 105 phone was recovered from his pocket. Barczuk was convicted by an 11‑1 jury after a trial that presented evidence of DNA on the phone, cell‑site data linking the accused's phone to the area at the time of the discovery, and CCTV footage of a Fiat Punto associated with Barczuk. The judge noted an "air of mystery" surrounding the motive and described the case as tragic, while acknowledging the evidence pointed toward Barczuk's guilt. The sentence was back‑dated to 6 April 2018, when Barczuk entered custody. Sebastian Barczuk pleaded not guilty.
A veteran detective with 20 years of service, Aidan Bracken, has successfully challenged his summary dismissal from An Garda Siochana in the High Court. The dismissal was based on his guilty plea to a charge of making a false report before a Circuit Criminal Court. However, Mr Justice Charles Meenan ruled that the Garda Commissioner's decision to dismiss Bracken was unlawful. The judge emphasized that summary dismissal should only occur when the facts are clear and an inquiry would be unnecessary. Bracken, who has not worked for five years due to psychiatric injuries sustained while on duty, argued that no conviction was recorded against him by the Circuit Court. The judge noted that the commissioner had not sought clarification on the Circuit Court's ruling, which was a key factor in his decision to quash the dismissal. The case highlights the importance of following proper procedures under the Garda Disciplinary Regulations.
Boxing coach Pete Taylor, along with the Bray Boxing Club, has applied to the High Court for an injunction to prevent Wicklow County Council from evicting them from the Harbour Shed facility in Bray, Co Wicklow. The applicants, represented by Richard Kean SC and Gareth Robinson BL, claim the council wrongfully changed the locks in June 2018 following a violent incident at the gym where one person was killed and Mr Taylor was injured. Mr Taylor alleges the council used the incident as a pretext to unlawfully remove the club, which has occupied the premises since 2005. The applicants seek an order allowing re-entry to the facility and declarations that the council is prevented from illegally evicting them. They argue the council's recent eviction notice interferes with ongoing legal proceedings, where they are seeking judgment in default for the council's failure to file a defence. Ms Justice Leonie Reynolds, hearing the ex-parte application, granted permission to serve short notice of the injunction application on the council. The matter was adjourned and will return before the court later this month. Katie Taylor and Georgina Robinson are also named as applicants in the proceedings.
Petronel Pal, 36, was arrested in Dublin last year and is wanted by Romania for an alleged aggravated murder in Navan in April 2014 and for creating an organised crime group. The alleged victim, Virgil Busa, 37, was assaulted at his apartment on 10 April and died three days later. Pal and others are said to have broken into Busa's home, used extreme violence, and that the group was headed by a relative of Pal. Justice Paul McDermott had considered surrendering Pal but withheld a formal High Court order, granting a certificate to appeal on grounds of exceptional public importance. Pal's barrister Remy Farrell SC argued that the Ian Bailey extradition case required proof that Ireland could prosecute in an equivalent circumstance, citing reciprocity and sovereignty. Robert Barron SC, for the Minister, countered that Ireland and Romania exercise extraterritorial jurisdiction on the same basis and that there was no bar to surrender.
Dunnes Stores has taken the High Court to stop rival retailer 'Mr Price' from selling groceries from a unit next to one of its Carlow outlets. The claim is that the sale breaches a restrictive covenant in lease agreements for units at Barrow Valley Retail Park, Sleaty Road, which Dunnes and the landlord Camgill Property Ltd say were designed to keep the park's anchor tenant, Dunnes, as the sole supermarket. The plaintiffs allege that Mr Price began selling food and groceries last month, violating the covenant, and that both Dunnes and the park's management asked the defendants to stop. Mr Price offered to cordon off food items pending a resolution but argues the covenant cannot be enforced. The court granted the plaintiffs an ex‑parte notice to serve the defendants and adjourned the case to a date next week.
A 34‑year‑old Limerick man, Jonathan Collopy, is wanted in Bulgaria to serve an 18‑month sentence for a drink‑driving offence that was convicted in his absence. He was previously jailed in the early 2000s for serious drugs offences. Collopy is a father of five, expecting a sixth child, and has started a car sales business in Limerick. The High Court granted him bail pending an extradition hearing. The judge accepted that Collopy poses a flight risk but imposed conditions: he must live at St Mary's Park, deposit €2,000 in cash, provide an independent surety of €2,000, sign daily at Henry Street Garda Station, obey a curfew from 10 pm to 7 am, and keep his mobile phone charged for Garda contact. Detective Sergeant Jim Kirwan objected to bail, citing Collopy's 17 prior convictions, mainly for road traffic matters, and his substantial sentence in Bulgaria.
A High Court judge ruled that Olaf Raetzel, a 51‑year‑old German national living in Ireland, may be surrendered to the UK to face three charges of making indecent photographs of a child. Raetzel had objected to his surrender, arguing that the UK's exit from the EU could affect his fundamental rights. The judge rejected this objection, finding no evidence that the UK's withdrawal would deprive him of those rights. Under Section 16 of the European Arrest Warrant Act 2003, Raetzel can be surrendered, and he may file a constitutional complaint before surrender.
In an appeal-stage hearing, Mr Justice Tony Hunt ruled that reporting restrictions banning the media from naming a convicted child rapist should be set aside in the public interest. The 56-year-old defendant, who pleaded guilty in 2015 at the Central Criminal Court to the repeated rape and sexual assault of his wife's two sons over a ten-year period starting in 1993, is contesting efforts by his now-adult victims to have him identified. His lawyers argued that Section 252 of the Children Act 2001 prohibits identification, citing a recent Court of Appeal judgment. However, Mr Justice Hunt determined that the Act allows courts to dispense with restrictions if appropriate for the child's interests. He found the remaining restrictions substantial and unreasonable, noting the victims' desire to speak out to aid recovery and encourage others. Consequently, he ordered the removal of all reporting restrictions. Nevertheless, he placed a 28-day stay on this order pending a potential application to the Court of Appeal by the defendant. The judge noted that if no appeal is filed, the orders will become operative upon the expiry of the stay. He also commented on the interpretation of the term 'child' in the Act, stating that while he believed it does not encompass deceased children or adults, his interpretation must yield to the higher court's ruling.
In a High Court ruling, Judge Leonie Reynolds ordered that ex‑FAI chief John Delaney must finish inspecting 280,000 documents seized by the Office of the Director of Corporate Enforcement (ODCE) in February. The documents, covering 17 years of FAI activity, include thousands of emails. Delaney, represented by Paul McGarry SC, had previously requested an extension to mid‑January 2021, arguing the volume required more time and that additional search terms would help identify privileged material. The ODCE, represented by Kerida Naidoo SC, opposed the extension, claiming it would delay the investigation. The judge rejected the request for extra search terms, noting that sophisticated software had already applied Delaney's terms. She set a completion date of 11 January 2021 and appointed barrister Niall Nolan BL to review claims of legal professional privilege. The case will return to court in the New Year.
Liviu Biliuta, 55, a former resident of Botosani, Romania, was arrested in Dublin on 10 November 2020 and brought before the High Court. He had been wanted for over a decade and was charged under a European Arrest Warrant issued by the High Court in 2016. Biliuta was convicted in 2008 by a Botosani court of trafficking an adult female and a girl for prostitution, and was sentenced to seven years in prison for helping to bring the victims to the Netherlands in 2004‑05. He was cautioned after questioning and taken to Bridewell Garda Station. The case was adjourned to 19 November for a bail application ahead of an extradition hearing on 27 November. The arrest was described by Garda officials as a significant operation coordinated by detectives handling organised and serious crime.
The North Great George's Street Preservation Society has filed a High Court judicial review against An Bord Pleanála's decision to grant planning permission for a co‑living development on Dublin's North Great George's Street. The proposed project, consisting of 132 residential units across three to seven storeys, sits on North Great George's Street and Hill Street and was approved in June with 17 conditions. The Society argues that the area is of historical architectural importance and that nearby buildings are protected structures. It contends that the Board's assessment that the development would not adversely affect the street's character and heritage is unreasonable and that the Board failed to conduct a proper Environmental Impact Assessment or comply with EU directives. The case was heard ex‑parte by Mr Justice Charles Meenan, who directed the Society to apply for permission to bring the challenge in the presence of other parties, and the matter was adjourned to January.
Mr John Flannery, a farmer and long‑time member of the National Association of Regional Game Council, has filed a High Court judicial review to challenge the Gardaí's claim that shooting pheasants during the Level 5 Covid restrictions is prohibited. He argues that his "rough shooting" – shooting authorised species on his own land within 5 km of his home – is lawful and that the Gardaí's website contains misleading information. The review seeks a declaration that he is not in breach of the temporary regulations under the 1947 Health Act, an injunction against prosecution, and a directive for the Gardaí to publish a statement confirming that individual rough shooting in compliance with Level 5 restrictions is not prohibited. The case is a test action, with the court scheduled to consider it on December 8, pending the possible easing of restrictions. The respondents are the Garda Commissioner, the Minister for Justice, and the Attorney General.
Ms Justice Leonie Reynolds of the High Court has ordered the arrest of any person found in occupation of a farm at Falsk, Strokestown in County Roscommon. The order was made against three named individuals: Michael Anthony McGann, the property owner; former Garda Kevin Taylor of Dublin Road, Longford; and Colm Granahan from Ballina, County Mayo. KBC Bank, which previously obtained an injunction for vacant possession of the property, presented evidence to the court that the three remain on the farm in breach of High Court orders. The judge found that the individuals were engaged in a concerted effort to undermine court orders. She directed that the three, along with any other occupants discovered on the property, be brought before the court by An Garda Síochána to answer allegations of contempt. The judge stated that Gardaí may use all reasonable force necessary to enforce the order. The matter will return to court at a later date.
Businessman Declan Ganley has filed a High Court judicial review against the State's Level 5 Covid‑19 restrictions, arguing they breach his constitutional right to practise religion. Ganley, a practising Roman Catholic from Galway, claims the restrictions prevent him from leaving his home to attend Mass, a right protected under Article 44 of the Irish Constitution. He seeks orders to quash Regulation 5(1) and (3) of the 1947 Health Act and declarations that the regulations are incompatible with constitutional provisions or that they do not bar him from religious worship. The case was adjourned to 8 December for reassessment, with the judge noting the State is presumed to oppose the challenge but may choose otherwise. Ganley's lawyers emphasize the urgency, citing the possibility of future re‑imposition of similar restrictions. The matter remains pending, with no decision yet on the merits of the challenge.
Environmental activist Peter Sweetman has initiated High Court judicial review proceedings against the Forestry Appeals Committee's decision to grant a felling licence to Coillte for coniferous Sitka Spruce trees on the Bellamont Forest Estate near Cootehill, Co Cavan. The licence, issued in July 2020, covers 2.7 hectares of forestry land. Mr Sweetman contends the committee failed to conduct adequate environmental screening under the EU Habitats Directive before authorising the operation. He argues the site's proximity to designated Special Areas of Conservation and Special Areas of Protection poses risks to local bird and otter populations. Mr Sweetman further claims the committee did not consider cumulative impacts of multiple felling licences in the area or properly assess chemical use and its ecological consequences. He seeks orders quashing the licence decision and declarations of procedural failure. Mr Justice Charles Meenan directed that the application for permission to challenge proceed with all parties present. The matter was adjourned to later in November.
Abdul Malik Bekmirzaev, a seven-year-old Dublin-born boy, and his mother, Iryna Paltarzhytskaya, have brought a High Court challenge against the State's refusal to recognise him as an Irish citizen. The applicants, currently residing in Belarus, seek orders for the issuance of an Irish passport and declarations that the boy is a citizen. Their claim arises after the State retrospectively revoked the naturalisation certificate of his father, Alexandr Bekmirzaev, who is alleged to have joined ISIS in Syria. The State contends that the father's 2001 marriage, which facilitated his 2010 naturalisation, was one of convenience. The boy's legal team argues that the refusal breaches his constitutional and European Convention on Human Rights rights, asserting that the revocation was not carried out in accordance with law and should not have retrospective effect on his status. They further note that the State refused to provide a copy of the revocation without authority from the father, who is missing and feared dead. The applicants, who were deported from a Turkish refugee camp in January, wish to return to Ireland. The case was heard by Ms Justice Tara Burns, who granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and will return before the court next month.