An environmental group, Friends of the Irish Environment CLG (FOTIE), has filed a High Court challenge against EU fishing quota regulations for 2020. The group argues that the Irish State has failed to meet the legally defined deadline to end overfishing of all stocks by 2020, as required by the Common Fisheries Policy reformed in 2013. FOTIE claims that the EU Commission's total allowable catches for national fleets are set at unsustainable levels, which would harm the marine environment and European fishing sustainability. The charity also contends that the 2020 fishing quotas issued by the Minister for Agriculture are invalid because they conflict with proper management and conservation under the policy and breach the 2006 Sea Fisheries and Maritime Jurisdiction Act. The case, represented by James Devlin SC and John Kenny BL, seeks orders to quash the quotas, a declaration of breach, and referral to the EU Court of Justice.
High Court proceedings were adjourned to a date later this month in a dispute involving applicants Noeleen Ellickson, Orna Hoban, Fergus Hoban, and Waterford Castle against respondent Seamus Walsh. The applicants, represented by Frank Callanan SC, sought injunctions alleging that Mr. Walsh has been intimidating them and attempting to enter their family home in Ballinakill, Co Waterford. They claim Mr. Walsh believes he purchased their dwelling house from a receiver, although they assert the 2.3-acre plot containing the home was never part of the mortgage agreement held by AIB. Mr. Ellickson alleged that on October 17, Mr. Walsh attempted to remove a gate and acted aggressively, calling him a trespasser. The applicants stated that no undertaking was provided by Mr. Walsh to refrain from entering the disputed lands. Ms Justice Leonie Reynolds, hearing the matter on an ex-parte basis, granted permission to serve short notice of the proceedings. Noting the dispute had become "heated," the judge expressed hope that legal advice might help resolve the matter. The case was adjourned to a date later this month.
The High Court in Dublin has heard that a farm at Falsk, Strokestown in County Roscommon remains occupied in breach of court orders granted to KBC Bank. The property has been at the centre of protracted legal proceedings involving three siblings—Anthony, David, and Geraldine McGann—and the financial institution, which secured a possession order several years ago following a €431,000 debt. Ms Justice Leonie Reynolds had issued a deadline of 6pm on Sunday, 1 November for all occupants to vacate, warning that those remaining could face imprisonment for contempt of court. When the matter was mentioned before the court on Tuesday, the judge was informed the farm remained occupied by several individuals, preventing KBC from taking possession. Ms Justice Reynolds indicated her willingness to hear the bank's application to commit those currently on the property for contempt. The matter will be considered by the court on Friday.
Thomas Regelski, a 79‑year‑old retired U.S. academic living in Helsinki, is suing University Hospital Limerick for alleged medical negligence. He was admitted to the hospital in June 2019 while holidaying in Ireland, where he was diagnosed with pneumonia and treated with antibiotics, including Levoflaxin, and steroids. Regelski claims that the combination of Levoflaxin and steroids, which national guidelines advise against, caused him to develop bilateral Achilles tendon ruptures. He says the injuries left him confined to a wheelchair for four weeks. To bring a High Court claim against the hospital, Regelski needs a Personal Public Service (PPS) number, which he has not received despite applying and providing all required documentation to the Minister for Employment Affairs and Social Protection. He is seeking a judicial order compelling the Minister to issue the PPS number and a declaration that the failure infringes his right of access to the courts.
Mr Noel Hickey, aged in his mid‑thirties, brought High Court judicial review proceedings against the Criminal Injuries Compensation Tribunal, the Department of Justice, Ireland and the Attorney General after a 44‑month backlog delayed his claim for compensation following a 2014 assault that left him with life‑changing injuries. The assault, in which he was punched and kicked with steel‑capped boots, caused brain bleeding, facial deformation, a broken eye socket, nose, jaw and chin, and left him in a coma for four weeks. He now suffers memory loss, anosmia, ageusia and requires ongoing surgeries. His counsel, Thomas Creed SC, argued that no interim payment had been made and that the Tribunal was understaffed. The court heard that, at the current rate, Mr Hickey would not receive any compensation until 2023 or 2024 at the earliest.
The Special Criminal Court has heard that the trial of four men accused of false imprisonment and assault causing serious harm to Quinn Industrial Holdings director Kevin Lunney may be delayed due to High Court challenges. The defendants, Luke O'Reilly, Darren Redmond, Alan O'Brien, and a fourth unnamed accused, were charged with abducting and assaulting Mr. Lunney in September 2019. The fourth accused and Mr. O'Brien have instituted judicial review proceedings challenging the Special Criminal Court's jurisdiction, while Mr. O'Reilly and Mr. Redmond have adopted the same position. Counsel for the DPP stated that the fourth accused's case is listed for mention in the High Court, with an early hearing expected. Mr. Justice Tony Hunt, presiding with Judges Gerard Griffin and David McHugh, noted that even if the State prevails, appeals are likely. Consequently, the court considered backing up the 12-week trial originally fixed for January 11, 2021. Counsel for the fourth accused indicated an application for adjournment on other grounds would be brought. The matter was adjourned to a mention hearing on November 16 to ascertain the updated position regarding the High Court proceedings.
Datapower Limited has sued former senior employees Declan O'Toole and Graham Mullally, along with Phoenix Security Alarms Ltd, a company linked to them. The company claims the defendants are attempting to solicit its customers and have breached restrictive covenants. Datapower had previously obtained temporary injunctions preventing the defendants from approaching or soliciting any of its customers. The court heard that the defendants had been hired after Datapower acquired Phoenix Alarms Ltd in late 2018, and that they had recently resigned. Datapower alleges that the new company, Phoenix Security Alarms Ltd, was set up to "free ride" on the goodwill of the acquired firm. The court granted injunctions on an ex‑parte basis and will hear the case again in two weeks, with the injunction remaining in place until then.
A High Court judge has warned that any person occupying a farm at Falsk, Strokestown, Co Roscommon after 6pm on Sunday is likely to face imprisonment for contempt of court. Ms Justice Leonie Reynolds made the remarks after being informed that whilst the three McGann siblings have complied with orders to vacate the property, which is subject to a repossession order by KBC bank, other individuals are preventing the bank from taking possession. The court heard that a retired garda and possibly others remain on the farm. Counsel for KBC stated that the retired garda has acted in a threatening manner towards the bank's agents and that social media posts have encouraged defiance of court orders. Ms Justice Reynolds expressed concern at what she described as a deliberate breach of the court's order and indicated she would hear applications for committal if the property was not vacated by the deadline. The case will return to court the following week.
In a High Court hearing, lawyers for a 56‑year‑old convicted child rapist argued that the victims, who were under ten when the abuse began in 1993, could not be identified under the Children Act. The defendant pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons over a decade. In 2016, Mr Justice Tony Hunt sentenced him to 21 years, suspending the final five. The victims, now adults, had previously waived their statutory anonymity to allow the step‑father's name to be public, but a stay was placed pending related cases. Those cases have finished, and the Director of Public Prosecutions seeks to lift the stay. The defence cited a Court of Appeal decision that the Children Act applies to deceased victims, suggesting it may also prevent identification of child victims. The court adjourned the case to 11 November, noting it would consider a short stay to allow appeal decisions to be known.
Thomas McCabe, 56, who was convicted in 1990 of murdering 16‑year‑old Richard Hunt in London, voluntarily surrendered to Northern Irish authorities after two years on the run. He had been released on licence in December 2008, but his licence was revoked in January 2018 following breaches. In August, Gardaí arrested him in Dublin under a European Arrest Warrant issued by Laganside Courts. McCabe gave evidence before Mr Justice Paul Burns, consenting to serve the remainder of his life sentence in Northern Ireland. Mr Burns remanded him in custody, to be surrendered in less than ten days, for licence breaches that involved leaving the jurisdiction without notifying Northern authorities. McCabe expressed concerns about his safety in prison, seeking assurance that he would be kept apart from the general prison population. The case highlights the ongoing enforcement of licence conditions and the handling of a convicted murderer who had absconded from the jurisdiction.
In a High Court hearing on 27 October 2020, the State announced it would not appeal the court's refusal to surrender Ian Bailey to French authorities for a 25‑year sentence imposed by a French court for the murder of Sophie Toscan du Plantier. Robert Barron SC represented the Minister for Justice and informed Mr Justice Paul Burns that the State was not seeking a certificate to appeal. Mr Burns ordered that Mr Bailey recover legal costs for two senior barristers, a junior barrister and a solicitor from the State. He also directed that a copy of the judgment be made available to Ms Toscan du Plantier's family and the French authorities. Mr Bailey, aged 63 and resident in Schull, denies any involvement in Ms du Plantier's death.
In a remote hearing on 22 October 2020, Mr Justice Bernard Barton, who oversees High Court civil jury trials, said he intends to have such trials back in the New Year. He acknowledged that no civil jury trials will take place this year because of the Covid‑19 pandemic, noting that next February will mark a full 12 months since the last civil jury action was heard. The judge stressed that the international health emergency would not be used to abolish civil jury trials, adding "Not on my watch." He said all possible steps will be taken to resume jury trials when the next legal term begins in January, hoping to set aside three or possibly four weeks for them. He also noted that the court had offered parties the option of judge‑only trials this term, but Level 5 restrictions made that impossible, and only cases of extreme urgency could be heard before the next term.
Starrs Holdings Ltd has initiated High Court proceedings against An Bord Pleanala to challenge planning permission granted last August to Lulani Dalguise Ltd for a 300-unit housing development in Monkstown, south County Dublin. The proposed project includes eight apartment blocks ranging from five to nine storeys, 22 houses, the conversion of Dalguise House into two dwellings, and a creche on a three-hectare site near Monkstown Village. The applicant, represented by Neil Steen SC and Niall Handy BL, alleges the permission is flawed due to breaches of fair procedures, specifically regarding post-grant agreements on road traffic issues. It is claimed that the board failed to adequately address objections, ignored errors in traffic documentation, and irrationally assumed access across third-party lands without legal agreements. Additionally, the applicant argues that pre-construction works would breach the EU Habitats Directive by disturbing protected bat and heron populations. Ms Justice Niamh Hyland granted permission to bring the challenge and admitted the action to the Strategic Infrastructure Developments list. She imposed a stay on pre-construction works but granted the developer liberty to seek to lift this stay on notice to the applicant. The developer is a notice party to the proceedings.
The High Court struck out defamation proceedings brought by Galway businessman Declan Ganley against RTÉ following a settlement. Mr Justice Bernard Barton vacated all previous orders, including pretrial orders, with the consent of the parties. RTÉ publicly apologised to Mr Ganley for a Prime Time special programme broadcast on November 27, 2008, which referenced the death of Kosta Tribecka and showed an image of his body. In its apology, read to the court by Paul O'Higgins SC, RTÉ accepted unreservedly that Mr Tribecka's death was wholly unrelated to Mr Ganley or any business related to him, and apologised for any hurt or distress caused. Declan Doyle SC, representing Mr Ganley, confirmed the matter had been settled, which included a financial agreement. Although Mr Ganley was not physically present, he observed the proceedings via video-link. His solicitors, Johnsons, stated that Mr Ganley was satisfied with the apology and the financial terms, noting he regretted having to initiate the action to vindicate his reputation. RTÉ stated it stands over the journalism of the programme, titled 'Citizen Ganley', and expressed relief that a mutually beneficial agreement was reached after a decade of legal argument. No further details of the settlement were disclosed in open court.
Farah Damji, 53, a former con woman and daughter of a wealthy property tycoon, fled to Ireland in February 2020 during her UK trial. She was convicted in absentia by Southwark Crown Court for twice breaching a restraining order in 2018. At a High Court extradition hearing, her lawyer, Brian Storan, argued that Damji has a serious psychological condition that can only be treated by Dr O'Donnell in Ireland, and that treatment in the UK would be inadequate and potentially life‑threatening. The State's counsel, Emily Farrell, maintained that Damji had breached restraining orders and absconded from her trial, and that the European Arrest Warrant was clear that she attended the trial and fled. The judge adjourned the case to November 2 to consider further medical assessment and additional information from the UK. Damji had previously been denied bail in September, was deemed high‑risk of absconding, and was arrested in Dublin on the warrant.
Samantha Sinnott, a 41‑year‑old midwife at Wexford General Hospital, was convicted of a money‑laundering offence and received a 12‑month suspended prison sentence in February 2020. She claims she was dismissed by the HSE after the sentencing, despite having continued to work, been promoted, and given a new contract. Sinnott alleges the HSE failed to investigate her case, did not interview her, and dismissed her on the basis of her conviction without proper procedure. She has filed a High Court judicial review seeking to quash the dismissal, arguing it was unreasonable, irrational, disproportionate, and violated her constitutional and ECHR rights. The court granted permission ex‑parte, and the case is set for a December hearing. Samantha Sinnott pleaded guilty.
The High Court has adjourned the lead challenge to the standardisation of 2020 Leaving Cert grades, a case brought by Freddy Sherry of Belvedere College, Dublin. The case was set to start on Wednesday morning but was postponed because the court was told that the matter was not ready to proceed due to an issue concerning the discovery of documents by the State. Mr Sherry's case will be heard early next week, and all other challenges to the standardisation process have been adjourned to a date next month pending the outcome of his action. In his application, Mr Sherry, represented by Micheál P O'Higgins SC, Feichin McDonagh SC and Brendan Hennessy BL of Ferry Solicitors, alleges that a decision by the Minister for Education in August "interfered" with the work of the Independent Steering Committee on Calculated Grades.
In a High Court hearing on 20 October 2020, Mr Justice Tony Hunt considered an application by the legal representatives of a 56‑year‑old man who had pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons, aged under ten at the time of the abuse, which occurred between 1993 and 2003. The victims, now adults, had previously requested that their statutory anonymity be waived so that the perpetrator could be named publicly. However, Mr Hunt had placed a stay on the waiving of anonymity because related cases were pending in Wicklow Circuit Criminal Court. In July, the prosecutor informed the judge that the Wicklow trials had concluded and the Director of Public Prosecutions was now seeking to lift the anonymity order. The defendant has changed legal counsel several times; at a recent hearing he expressed fear that publication of his identity would endanger him and stated he was in therapy.
Garda Paul Mulcair, stationed at Kinsale Garda Station, has filed a High Court challenge to stop his dismissal after an internal probe found he breached Garda Discipline Regulations. Between 2014 and 2017, Mulcair allegedly approached 10 community members for loans totalling €140,300, receiving €9,700. He admits asking for money but denies requesting €120,000 from one individual. A Board of Inquiry concluded he breached discipline, recommending dismissal for two breaches and resignation for five. Acting Commissioner John Twomey dismissed Mulcair, citing the board's findings. Mulcair argues the disciplinary process was flawed, that irrelevant matters were considered, and that the board's decision was pre‑determined. He seeks judicial review to quash the board's findings, recommendations and dismissal decision. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case adjourned to December.
In a High Court hearing, Paul Shanahan, a Business Development Executive at FBD Insurance, admitted he mistakenly informed Noel Anderson, managing director of the 'Lemon and Duke' bar, that FBD's business disruption policy covered losses caused by the Covid‑19 outbreak. Shanahan said he had emailed Anderson in early March stating the policy covered Covid‑19 related losses in the event of a forced closure, but after a meeting with publican representatives and senior FBD staff on 17 March he learned the policy did not cover such losses. He expressed concern, informed Anderson of the insurer's position, and sought guidance from his line manager on handling the bar's claim. Shanahan testified before Mr Justice Denis McDonald, under cross‑examination by Michael Cush SC, and stated he would never have misled a customer about coverage. FBD's Chief of Underwriting, Kate Tobin, also testified that confusion within the insurer led to the final position that Covid‑19 was not covered.
The High Court granted interim injunctions to brothers Gary and David McGuinness, who claim they are victims of an alleged €1.25m fraud by US-based David Morrisroe. Ms Justice Leonie Reynolds ordered that Mr Morrisroe be restrained from dissipating assets valued below €1.25m and must provide information on his worldwide assets. The applicants allege that in 2015 and 2016, they invested funds with Mr Morrisroe for Irish and European property and precious gems, but believe no such investments were made. Gary McGuinness stated that information provided by the defendant was largely untrue, including claims about specific properties in Meath and Dublin. David McGuinness alleged that funds transferred for a diamond deal in Kenya were instead used to repay a third-party debt owed by the defendant. The brothers reported the matter to An Garda Síochána. Mr Morrisroe was put on notice of the proceedings but did not attend court, nor were representations made on his behalf. The applicants are seeking orders directing the repayment of monies. The matter was adjourned and will return before the court in two weeks' time.
The High Court heard that Thomas McCabe, convicted in London in October 1990 for the murder of 16-year-old Richard Hunt, has indicated a willingness to consent to his surrender to Northern Ireland authorities. McCabe, who was sentenced to life imprisonment for attacking Hunt with a scaffolding pole, had been released on licence from Maghaberry Prison but had his licence revoked in January 2018 following breaches. He was arrested by gardaí in August on a European Arrest Warrant issued by the PSNI after absconding for two years. Counsel Mr Kieran Kelly stated that McCabe seeks assurances he will be kept separate from the general prison population due to safety concerns, including potential implications in a gang-related incident. Mr Justice Paul Burns noted that Northern Ireland authorities already have an obligation regarding McCabe's safety and expressed a preference to determine the matter immediately. However, acknowledging that an agreement to surrender might be reached within two weeks, the judge adjourned the proceedings until October 28. The State solicitor sought an explicit statement of consent, while counsel for McCabe requested correspondence with prison authorities to facilitate his separation from the mainstream population. The matter was adjourned, not concluded, to allow for these discussions.
In a High Court hearing on 13 October 2020, Noel Anderson, Managing Director of the Dublin bar Lemon and Duke, testified that he had been assured by FBD that its insurance policy covered business disruption losses caused by Covid‑19. Anderson switched insurers in early March after learning the previous policy did not cover pandemic‑related losses. He claimed FBD had assured him of coverage for wages, losses and rent during lockdowns, and that the policy covered up to €3.2 million. In April, FBD informed Anderson it would not provide coverage, which he described as disingenuous. Anderson, who has partners including rugby players, argued that the policy's plain‑English wording indicated coverage for Covid‑19 closures. The case is part of a group of four pubs suing FBD for breach of contract over pandemic‑related business interruption claims. The hearing continues.
In October 2020, privacy activist Max Schrems filed a High Court challenge to stop the Data Protection Commissioner's (DPC) investigation into Facebook Ireland's transfer of data to its U.S. parent. Schrems argued that the DPC's own‑volition inquiry, launched after a July EU Court of Justice ruling, would exclude him from a process he had been involved in since 2013 and 2015, when he first complained about the data transfers. He claimed the inquiry breached his right to be heard and that the DPC had failed to provide adequate reasons for opening an inquiry instead of a complaint‑based one. Schrems, represented by Eoin McCullough SC and James Doherty SC, sought an order quashing the DPC's decision, directing the DPC to complete his complaint with diligence, and to conduct any inquiry as part of a complaint‑based process. The court granted permission ex‑parte, stayed the DPC's investigation, and adjourned the case to December.
In a High Court hearing on 12 October 2020, Mr Justice Paul Burns refused to order the extradition of British citizen Ian Bailey to France, where he faces a 25‑year prison sentence for the murder of filmmaker Sophie Toscan du Plantier. The judge held that Bailey's surrender remains precluded under Section 44 of the European Arrest Warrant Act 2003, citing an "accrued or vested right" from earlier judicial determinations that barred his surrender. The decision follows two prior French extradition attempts: a 2010 request that was overturned by the Supreme Court in 2012, and a 2017 High Court ruling that deemed the request an abuse of process. Bailey, aged 63, was arrested in December 2019 on a European Arrest Warrant and has been remanded on bail. The judge adjourned formal orders for two weeks to allow the State to seek leave to appeal.
The High Court heard evidence on the fourth day of a test case brought by four pubs against Insurers FBD regarding pandemic-related losses. Stephen Cooney, a director of the Loyola Group which includes the Leopardstown Inn, testified that the hospitality trade has become much tougher since March. He stated that his business suffered immense losses and described FBD's response as a 'wall of silence,' noting that litigation was pursued as a last resort. Cooney denied claims that his business had declined prior to the closure, attributing a pre-closure drop to St Patrick's Day falling on a Tuesday. He argued the FBD policy covered business interruption from disease outbreaks, citing examples like Foot and Mouth. The applicants, including Sinnotts Bar, The Leopardstown Inn, Lemon & Duke, and Sean's Bar, claim FBD breached contract by refusing to indemnify them for closures ordered by the government due to contagious disease outbreaks within 25 miles. FBD disputes this, arguing a pandemic does not fit the policy clause. Counsel for FBD, Remy Farrell SC, noted a media-related issue had been resolved. The hearing was adjourned and continues next week.
In a High Court hearing on 8 October 2020, FBD Insurance's counsel, Declan McGrath SC, argued that the company's business interruption policies cover only localised disease outbreaks and do not extend to pandemics such as Covid‑19. McGrath rejected the claim that FBD was obliged to indemnify four Irish pub owners for losses incurred during the pandemic, stating that the policies do not cover pandemics and that the relevant peril is the period of government‑ordered closures, not the virus itself. He noted that the policies' clause covering closures due to outbreaks within 25 miles does not apply to a pandemic. McGrath also indicated that evidence would be presented showing that the bar and restaurant sector had already suffered losses from fear of Covid‑19 before the March closures, and that similar losses occurred in countries without enforced closures.
Premier Dale Limited, trading as The Devlin Hotel in Ranelagh, Dublin 6, has filed a High Court action against Arachas Corporate Brokers Ltd and RSA Insurance Ireland DAC. The hotel operator claims that RSA refused to pay a business interruption claim arising from the hotel's temporary closure in March 2020 due to the Covid‑19 pandemic. The operator says the insurer's refusal amounts to a breach of the 2019 insurance contract, under which it was entitled to indemnity for losses expected to exceed €1 million. The operator seeks damages for breach of contract, negligence and negligent misrepresentation, and a declaration that it is entitled to indemnity under the contract. It also requests an order restraining RSA from refusing to indemnify the hotel and to keep it indemnified for insurable losses. The case was admitted to the fast‑track Commercial Court list and is scheduled for a hearing in November.
In a High Court hearing on 29 September 2020, UEFA obtained an injunction compelling several Irish internet service providers—Eircom (Eir), Sky Ireland Ltd, Sky Subscribers Services Ltd, Virgin Media Ireland Ltd, and Vodafone Ireland Ltd—to block illegal live streams of its football matches for the 2020/21 season. UEFA argued that unauthorized broadcasts of international fixtures, Champions League and Europa League games were being accessed on computers, set‑top boxes and other devices, infringing its copyright and harming its commercial interests. Judge David Barniville granted the order, noting that it was necessary, reasonably priced, and respected fundamental rights. The injunction followed similar rulings in Ireland and abroad, and was supported by the Sky companies, while other parties remained neutral. UEFA, represented by Jonathan Newman SC, cited the significant financial impact of piracy on its €2.25 bn annual revenue from broadcast rights.
Kevin Hannaway, 71, serving a 3‑year‑9‑month sentence at Portlaoise Prison, has lodged a High Court challenge against Covid‑19 restrictions on prison visits. He argues that the Prison Service's decision to limit visits to one per fortnight, each no longer than 15 minutes, breaches prison rules that guarantee at least one 30‑minute visit per week from a relative or friend. Hannaway, a former member of the 'hooded men' who suffered alleged inhumane treatment during the Troubles, claims the restrictions violate his rights under the Irish Constitution and the European Convention on Human Rights. He seeks an order quashing the service's decision, orders to enforce the prescribed visit frequency and duration, a declaration of rights, and damages. Mr Justice Anthony Barr granted him permission to proceed, with the case set for a November hearing. Kevin Hannaway was convicted.
Gardai deny abandoning a failed asylum seeker at an Ethiopian airport. The man, deported from Ireland in March, claims he could not board his return flight because Gardai withheld his passport, leaving him to survive on charity and discarded items. He has lived in the terminal since. In court, John Gallagher BL for the Minister presented a sworn statement from a Garda who accompanied the man, asserting that the Garda provided the passport, boarding pass, and personal belongings, and that any failure to board was the man's own. The case is before Mr Justice Charles Meenan in the High Court, where the man seeks judicial review to quash the Minister's requirement that his solicitor obtain a signed authority from him, arguing the requirement is unlawful. The matter is adjourned to allow the parties to consider the Garda's statement, with a return hearing early next month.
In a long‑running dispute, the Murrays – plumber Michael (Chris) Murray and his wife Rose – agreed to vacate the 588‑sq‑metre house they built on Faughan Hill, Bohermeen, Navan, Co. Meath, and to allow its demolition after September 2020. The house, constructed in 2006 without planning permission, had been the subject of enforcement proceedings by Meath County Council. In 2010 the High Court ruled in favour of the council and ordered demolition, a stay of two years was granted, and the Supreme Court upheld the decision in 2017. The council later sought contempt proceedings, but the parties reached an agreement before Mr Justice Charles Meenan's hearing. The Murrays will remain in the house for two more years, vacate by 24 September 2020, and demolition will follow. The settlement was accepted by the judge, who allowed either side to apply to the court if needed.
A man deported from Ireland claims he has lived in an Ethiopian airport terminal since March, after Gardaí allegedly abandoned him. He says he was flown from Ireland to Belgium with Gardaí, then to Ethiopia where he was supposed to catch a connecting flight home. He alleges the Gardaí gave him a boarding pass, took his passport, and left him in the terminal, promising to return. He could not board the flight because he had no passport and was later given his passport two hours after the flight departed. He reports being left without money, a phone, or luggage, and has survived on charity and rummaging through bins. He says his passport was stolen after a week. He has filed judicial review against the Minister for Justice, seeking an order to quash the requirement that his solicitor obtain a signed authority from him and to compel the Minister to respond to his correspondence.
In a High Court case, a boy with autism, whose identity is protected, challenged the State's refusal to provide school transport. The boy lives in a rural area and, after consultation with the Minister for Education and health professionals, was directed to attend a primary school that was not the nearest national school but was deemed most suitable for his needs. An application for transport to that school was denied because it was not the nearest school to his home. The boy's appeal against this decision was dismissed in July without reasons. His lawyers, represented by Derek Shortall BL, have now brought judicial review proceedings against the National Council for Special Education, the Minister for Education and Skills, and the School Transport Appeals Board. They seek an order quashing the refusal, declarations that the lack of reasons breaches fair procedures and constitutional justice, and a remittal for reconsideration.
A man detained under the Mental Health Act has filed a High Court challenge against the Garda Commissioner to recover his puppy. The man, whose name is withheld for legal reasons, suffers from a mental disorder and was admitted as an involuntary patient to a psychiatric facility after a disturbance at his home. While he was detained, the Garda obtained a court order preventing him from keeping pets, leading to the removal of his puppy and its transfer to the DSPCA. He claims the order was unlawful and seeks a High Court order to return the dog, quash the District Court orders made under Section 61 of the 2013 Animal Health and Welfare Act, and a declaration that those orders breached natural and constitutional justice. The case was granted ex‑parte permission by Mr Justice Charles Meenan, with a hearing scheduled for October.
The Court of Appeal dismissed a 15‑year‑old boy's appeal against separation measures imposed after an eight‑hour stand‑off at Oberstown Children Detention Centre. The boy had challenged the decision to separate him from other detainees, seeking a written decision, notice of terms, an opportunity to represent himself and an appeal. The High Court had ruled that the measures were lawful and proportionate, noting that the boy had used threatening language, vandalised a staff office and participated in the stand‑off. Under the six‑day plan he was allowed to stay in his bedroom, engage in physical activity, use the multi‑purpose room, and make phone calls to his mother, girlfriend and solicitor. The Court of Appeal, with Justices Whelan, Haughton and Murray, found no breach of rights and upheld the separation as proportionate and appropriate, rejecting the appeal.
The State contended that the Covid‑19 measures introduced by the Government are merely advisory and not legally binding, countering Ryanair's claim that they constitute unlawful international travel restrictions. The High Court heard that the measures, such as the requirement for travellers to complete a Passenger Locator Form, are advisory and not mandatory, and that Ryanair lacks a legal basis to challenge them. The State argued that the measures are not compulsory and that the courts cannot intervene in such advice. Ryanair, represented by Martin Hayden SC, maintains that the measures restrict freedoms, are unconstitutional, and breach various Health Acts, the European Convention of Human Rights and the European Charter of Fundamental Rights. The case remains before Mr Justice Garrett Simons.
The High Court heard a challenge by a Dublin 3 student who was denied a place to study medicine at Trinity College Dublin after her calculated Leaving Certificate grades were downgraded. The student, who attended a fee‑paying school and had high estimated grades, was reduced from H1 to H2 in English, Spanish and Maths, losing two points. She claims the State's standardisation model unfairly penalises students from high‑performing schools and that the process used to estimate grades was unclear and unlawful. She seeks orders to quash the downgrades, declarations that the model is unfair and contrary to law, and that the State acted unlawfully. The judge noted the need for expert evidence and adjourned the case to next week, hoping for a hearing in early October with minimal disruption to all parties involved.
In a High Court hearing on 14 September 2020, Facebook Ireland, the EU headquarters of Facebook and Instagram, argued that the Data Protection Commissioner's (DPC) preliminary decision to prohibit the transfer of personal data to its US parent, Facebook Inc., was unlawful. The DPC had issued the decision after an inquiry triggered by a 2020 Court of Justice of the European Union ruling that a key data‑transfer arrangement was invalid. Facebook contended that the DPC failed to conduct a proper inquiry, prejudged the matter, and used irrelevant factors, thereby denying the company fair procedures. It also claimed that the decision would have "extremely significant adverse effects" on its business and users. Facebook sought to quash the DPC's draft decision, declare the commissioner's actions unlawful and disproportionate, and obtain a stay on the inquiry.
Charlotte Mulhall, aged 21 at the time of the 2005 murder of her mother's boyfriend, has filed a High Court challenge to reverse her transfer from Limerick Prison to the Dochas Centre in Dublin. She argues that the move, made on 24 December 2018, was unjustified and that she was never given a chance to explain the alleged incident involving a prison officer. Mulhall claims the transfer has caused her severe emotional distress, citing a lack of family visits and the loss of her dog from a canine programme. She seeks orders directing the Irish Prison Service, the Governor of Limerick Prison, the Minister for Justice & Equality, and the Attorney General to return her to Dublin and to annul the transfer decision. The case is set to be heard by Mr Justice Charles Meenan next month. Mulhall's sister, Linda, was convicted of manslaughter in the same 2005 case and released in 2018.
Barford Holdings Ltd, a company based in the Bahamas, has brought a judicial review in the High Court against Fingal County Council's refusal to extend planning permission for a proposed retirement village and hotel on the former Baldoyle Racecourse site. The company, which owns land at Main Street and Coast Road Baldoyle, had secured permission from An Bord Pleanala in 2015 to build a retirement facility with 150 en‑suite bedrooms, libraries, quiet rooms, roof terraces and patient‑care rooms, and a hotel with 134 rooms, 16 suites, a swimming pool, gym, spa, business centre, restaurant and conference centre. The planning permission was set to expire in July 2020, and Barford applied for an extension in May. Fingal County Council denied the extension in late July, citing a significant change in the area's development objectives and arguing that the proposed development no longer aligned with the land‑use zoning objective or the sustainable development goals of the local plan.
A High Court action against eBay Europe Services Ltd and eBay Marketplaces GMBH regarding the alleged commercial use of a young Irish child's image has been resolved. The applicant, a minor suing through her mother, previously secured a temporary injunction in April restraining the defendants from processing or using the image, which was taken down. The case returned before the courts on several occasions and was adjourned, with the injunction remaining in place, to allow discussions to take place. On Thursday, counsel John Temple BL informed Ms Justice Leonie Reynolds that the parties had reached an agreement following out-of-court talks. Under the settlement, eBay will promptly remove any detected instances of the child's data images on its platform. For 12 months, further instances may be reported directly to eBay's legal representatives, who will ensure prompt removal. A payment to the minor will be made by eBay, subject to a later High Court ruling. The defendants, represented by Matheson solicitors, consented to the settlement. The court adjourned the case generally and granted liberty to apply should the need arise. The mother had originally claimed she did not consent to the use of photos posted to Instagram in 2018, which were later found on commercial websites. While Amazon removed the images and took action against sellers, the mother alleged the image remained accessible on eBay, prompting the proceedings.
In September 2020 the High Court heard a case brought by residents, employees and families of St Mary's Centre (Telford), a south Dublin nursing home and disability centre owned by the Sisters of Charity. The centre had been placed under provisional liquidation in July after the court found it could not meet €950,000 redundancy payments and could not comply with HIQA modernisation recommendations. The applicants now seek to have the company placed into examinership, arguing that an independent expert report shows the centre could survive as a going concern if an examiner tests the waters for a potential investor. The court scheduled a hearing for the examinership application later that month, to be heard in the presence of all interested parties. The provisional liquidators and the company opposed the application, citing licensing issues, insurance lapses, resignations of senior management and the fact that most residents had already been relocated.
In September 2020 the High Court heard a challenge by the parents of a boy born via surrogacy in 2015, who lives abroad. One parent is an Irish citizen but not the boy's biological parent. The parents had secured a court order in their country of residence recognising them as the boy's legal parents and terminating the surrogate's parental rights. In 2017 they applied to the Minister for Foreign Affairs for an Irish passport on the boy's behalf. The Minister informed them that similar applications were being reviewed by the Attorney General and that it intended to refuse the application, but invited further submissions. After additional correspondence in 2018 and a final letter in December 2019, the Minister had not replied. The parents therefore brought judicial review, arguing that the Minister's 36‑month delay and refusal to recognise the parent‑child relationship violated the European Convention on Human Rights.
A Dublin man charged in connection with an incident involving Quinn Industrial Holdings director Kevin Lunney has initiated High Court proceedings challenging the Director of Public Prosecutions' decision to try him before the Special Criminal Court without jury. Alan O'Brien, aged 39, stands accused alongside three others of falsely imprisoning and causing serious harm to Mr Lunney at Ballinagh, County Cavan on 17 September 2019. Mr O'Brien contends that non-jury trial constitutes a significant infringement of his constitutional entitlements. His counsel argued that the legislative provision enabling such trials dates from 1972 emergency legislation during the Troubles and has never been converted into permanent law. Mr O'Brien seeks declarations that the Special Criminal Court lacks jurisdiction and that the Oireachtas has failed to establish adequate criteria governing non-jury proceedings. He is the second of four accused men to mount such a challenge. Justice Charles Meenan ordered the application be made on notice to State representatives, with proceedings returnable in September.
Farah Damji, 53, a former conwoman and daughter of a wealthy property tycoon, was denied bail in Ireland while her extradition case proceeds. Damji fled to Ireland in February 2020 during a trial in which she was convicted in her absence by Southwark Crown Court for breaching a restraining order in 2018. She applied for bail, claiming she had been working as an artist and had no intention of remaining in Ireland permanently. Her counsel supplied medical documents and emails to support her claim, and samples of her artwork were presented. Judge Tony Hunt rejected bail, citing Damji's high risk of absconding, her history of using false documents and aliases, and her previous flight from the UK. He noted that a European Arrest Warrant does not presume bail and that Damji's financial situation was opaque. The judge scheduled her extradition hearing for 21 October. The decision was based solely on the risk assessment and the facts presented in the court.
A 17-year-old home-schooled student from outside Dublin has initiated judicial review proceedings against the Minister for Education over the refusal to award her calculated grades for her six Leaving Certificate subjects. The student, who cannot be identified for legal reasons, was educated primarily by her parents and private tutors who are not registered teachers. The Department declined to provide calculated grades, citing insufficient credible evidence for assessment. The High Court granted permission for the judicial review on Monday before Mr Justice Charles Meenan. The judge adjourned the matter to later in September, noting the court's full September list prevented an earlier hearing. The case follows a previous successful challenge by Mayo student Elijah Burke, who was home-schooled by his qualified-teacher mother and secured the right to be assessed for calculated grades. The applicant's counsel acknowledged a material distinction, as her tutors lack formal teaching qualifications. The student seeks orders compelling the Minister to reconsider her application and quashing the August refusal.
Farah Damji, a 54-year-old applicant residing at Bachelor's Walk, Dublin 1, appeared before Mr Justice Tony Hunt to apply for bail while awaiting UK extradition proceedings. The State opposed the application, alleging Damji is a flight risk who fled a London trial in February 2024 after being convicted in absentia of breaching a restraining order. Detective Garda Eoin Kane stated Damji faces 27 months' imprisonment in the UK and alleged she entered Ireland using false documents and the name Anna Margaret Vignisdottir. Kane further noted her history of fraud and theft convictions dating back to 1995, and cited a UK psychiatrist report highlighting her "history of forgery" regarding claims of unlawful detention. Damji's counsel, Mr Leo Mulrooney BL, argued she is not a flight risk, citing a PTSD diagnosis and her adherence to previous bail conditions. In her direct evidence, Damji claimed she was suffering from a breakdown and asserted she had an unlawful detention case for 15 months' detention. She denied using false names for rental agreements, stating she did not have one. Mr Justice Hunt questioned the credibility of her claims, noting she disappeared during a trial. The matter was adjourned to Thursday, September 3, for the judge's decision on the bail application.
Ryanair has filed a High Court action to set aside what it calls unconstitutional international travel restrictions announced by the Irish Government on 21 July 2020. The airline argues that the measures, which prohibit travel outside Ireland except for essential purposes and require a 14‑day self‑isolation for those returning from non‑green‑list countries, are effectively mandatory regulations presented as advice. Ryanair claims the restrictions are unlawful, disproportionate, and detrimental to its business, breaching the 1970 and 2020 Health Acts, the European Convention on Human Rights and the European Charter of Fundamental Rights. The airline seeks orders setting aside the measures and declarations that the Government has unlawfully encroached on the Oireachtas's legislative prerogatives and acted outside its powers. The State denies the measures are mandatory and says they are necessary, proportionate and transparent responses to the global health emergency. The case will return to court in mid‑August.
A High Court judge, Mr Justice Michael Quinn, said he was minded to approve a survival scheme for the Dublin‑based regional airline CityJet, allowing it to exit examinership as a going concern on a slimmed‑down basis. The scheme, supported by a majority of creditors and shareholders, would write off tens of millions of euros of debt and retain over 140 jobs. CityJet had entered examinership in April, citing insolvency exacerbated by Covid‑19 grounding of aircraft and the interruption of a planned merger. The judge noted that creditors would fare better under the examiner's proposals than if the airline were liquidated. He adjourned the matter to a mid‑August date pending finalisation of arrangements with certain creditors and changes to the airline's constitution. The scheme would see most creditors receive small dividends of 1.5% to 1.25%, a better outcome than liquidation.