A man accused of falsely imprisoning and assaulting Quinn Industrial Holdings director Kevin Lunney has failed in his application to have the charges dismissed at the Special Criminal Court. Alan O'Brien, aged 39, from East Wall, Dublin, faced charges relating to an alleged incident at Ballinagh, County Cavan, on 17 September 2019. The three-judge court determined there was sufficient evidence to proceed to trial, rejecting his Section 4E application for dismissal. The court was satisfied a prima facie case had been established by the prosecution. O'Brien was remanded in custody pending trial, scheduled for January 2021, where he will face trial alongside three co-accused. Two of his co-accused were previously granted High Court bail in April, with the presiding judge acknowledging the serious nature of the allegations whilst upholding the presumption of innocence.
Garda Michael Rochford, a member of two gun clubs and a holder of a .243 calibre Savage Axis II rifle, has filed a High Court challenge against the Revenue Commissioners. He claims that the items he imported – a new rifle stock, a buttpad spacer kit, and two polymer magazines – are firearms accessories that do not require a license under the 1925 Firearms Act. In early April, customs seized the goods, categorising them as firearms. Rochford argues that Revenue misapplied the law and acted beyond its authority, and that the items are not components that alter a firearm's function. He seeks orders to quash the seizure notices, declarations that the items are not subject to forfeiture, and that Revenue erred in interpreting the Act. Mr Justice Charles Meenan granted permission for the judicial review on an ex‑parte basis, with the case adjourned to October.
A man, who was a teenager in the 1980s, has challenged the High Court to stop his prosecution for 18 counts of indecent assault. The alleged offences involved a girl under four years old, who said the assaults took place at the accused's home while she was being minded by his mother. She made a statement to the Gardai in 2016. The accused was questioned, arrested and charged last year, and was sent forward for trial before the Circuit Criminal Court in 2021. He argues that a decision not to prosecute was made in the mid‑1980s and that a delay has breached his constitutional right to an expeditious trial. He also claims that the matter was investigated by the Health Board, the Sexual Assault Treatment Unit and the Gardai, and that no prosecution was brought in the mid‑1990s.
Ms Fiona Roche, a secondary school teacher from Kildare who has taught since 2002 and been registered with the Teaching Council since 2006, has brought a High Court judicial review against the council's refusal to recognise her as a qualified post‑primary teacher. The council, after a 2018 Department of Education instruction to vacate her position, declared in April 2019 that she was not to be accredited as a registered qualified teacher for religion and CSPE, citing insufficient subject‑matter qualifications and lack of experience in the sector. Ms Roche, who holds a Montessori teaching qualification, a degree in Behavioural Science‑Psychology, a Graduate Diploma in Guidance Counselling and higher diplomas in Further Education and Theological Studies, disputes the decision and has unsuccessfully appealed. In the High Court, counsel argued that the council's decision‑making process was flawed and that the decision was without legal basis, irrational and contrary to common sense.
During a brief hearing before the High Court, the Revenue Commissioners announced they would not oppose an application to approve a survival scheme for the regional airline CityJet. Mr Justice Michael Quinn heard that Revenue had obtained clarification from the airline's court‑appointed examiner, Mr Kieran Wallace of KPMG, on matters he considered important. The examiner recommends approval of the scheme, which enjoys the support of most of the airline's creditors. The hearing to formally approve the scheme is scheduled for later this week. If approved, the arrangement with creditors would allow CityJet to continue operating as a going concern.
Liam Campbell, 58, who was found civilly liable for the 1998 Omagh bombing, has been granted a date in January to appeal an extradition order that would send him to Lithuania to face charges of international weapons trafficking. The extradition order, issued under a second European Arrest Warrant, was approved by the High Court on 26 June, and Campbell lodged an appeal. The Court of Appeal set the hearing for 19 January, expected to last a full day. Campbell's counsel argued that the wording of an "intention" to put someone on trial by a foreign jurisdiction is not the same as actually putting them on trial, a point the Minister for Justice opposed. The extradition request alleges Campbell organised the smuggling of firearms and explosives for the Real Irish Republican Army between late 2006 and early 2007, with a maximum terrorism sentence of 20 years. The case is now scheduled for the Court of Appeal hearing.
The mother of a 14‑year‑old boy with a recognised severe disability that severely limits his motor skills and basic daily tasks has brought a High Court action against the Minister for Social Protection. She applied for a monthly domiciliary care allowance of just over €300 in 2019, but her application was refused in a series of decisions, and a subsequent appeal was also dismissed. In her appeal she supplied additional medical evidence and requested an oral hearing, which was denied because of the Covid‑19 pandemic. The Minister's official later stated that the new information could not be considered, a decision the mother finds irrational, unreasonable and disproportionate. She seeks orders to quash the Minister's May 2020 decision that disallowed her appeal and the July 2020 statement that the new material could not be taken into account. Permission to proceed was granted ex‑parte by Justice Charles Meenan, with the case set for a return in October.
A student teacher, Ekaette Kwuogor from Cappagh Road, Finglas Dublin 11, has initiated High Court proceedings against Maynooth University, alleging that the university prevented her from graduating as she was unable to complete her teaching practice due to the closure of schools during the Covid-19 pandemic. Ms Kwuogor was studying for a Higher Diploma in Further Education at the university's Department of Adult and Community Education. She was accepted into the programme for the 2019-20 academic year and commenced the teacher training part of her course last January. However, she faced delays in starting her teaching practice due to the need for police clearance reports from both the Gardai and Nigerian authorities. The closure of schools in March 2020 further hindered her ability to complete the required teaching practice modules. The university informed her in April that she could not graduate due to insufficient teaching experience. Ms Kwuogor appealed the decision but has not received an outcome. She claims the delay is inordinate and breaches her rights to natural and constitutional justice. She seeks orders compelling the university to make a decision on her appeal and declarations regarding her entitlement to a decision or a time frame. The matter was heard by Mr Justice Charles Meenan in an ex-parte application and was adjourned for further proceedings later this week.
In a High Court hearing, a 55‑year‑old convicted child rapist told Judge Tony Hunt that publishing his identity would endanger him. He had pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons, aged under ten, over a decade from 1993. In March 2016, Judge Hunt sentenced him to 21 years' imprisonment, suspending the final five years. The victims had requested to waive their statutory anonymity so the defendant could be named publicly, but Judge Hunt stayed the waiver because related cases involving the same victims and two other accused were pending in Wicklow Circuit Criminal Court. He noted that publicity of the 2015 convictions would hinder jury selection for those trials. The judge assured the DPP that anonymity could be lifted after the Wicklow trials concluded. The defendant, who has since changed legal representation, expressed fear that a waiver would put him in danger and is currently in therapy.
In a High Court hearing on 24 July 2020, the court discharged a €3.6 million Mareva freezing order that had been imposed on Instant Upright Ltd, a scaffolding and engineering products manufacturer. The order, obtained by Airscape Ltd – the landlord of a factory unit on Friel Avenue, Park West Industrial Estate – had prevented Instant Upright from reducing its assets below €3.6 million. Airscape had claimed that Instant Upright breached lease terms and had sought damages for alleged rent arrears and loss of future income. Instant Upright denied the claims, arguing the freezing order was an abuse of process and that its reputation and trading ability had been harmed. Thomas Hogan SC and Martin Canny BL argued that the court had been misled by nondisclosed evidence and that no fraud had been proven.
The Revenue Commissioners have not yet decided whether to oppose a High Court application to approve a survival scheme for CityJet. Mr Justice Michael Quinn heard that Revenue seeks clarification from the airline's court‑appointed examiner, Kieran Wallace of KPMG, on key issues. Wallace recommends approval, but James Doherty SC notes it is unclear if Revenue will support a scheme that would retain 146 Irish jobs. The hearing to approve the scheme is scheduled for next week. Revenue, a creditor, has voted against the scheme in earlier creditor meetings and wants to know how potential €50 million in cash from litigation will be allocated. Revenue will decide whether to oppose the application once it receives the requested clarifications. CityJet's counsel, Rossa Fanning SC, supports the scheme.
The High Court heard that the €16m redevelopment of the Royal Irish Academy of Music's Dublin premises has been halted by protesters who block access to the site. Protesters, who live nearby, display banners claiming "Developers Disrespect our Community" and "Support the Residents". The Academy and Purcell Construction, the builders, argue the works are to expand and modernise the college, not a speculative property project. They say the protesters' slow‑walking blockade at the Westland Row entrance has stopped work and raised health and safety concerns, including dangerous material buildup. After an initial ceasefire and a temporary agreement with 18 local households, a second wave of protests resumed, again blocking the entrance. The court granted a temporary injunction preventing anyone from impeding access or intimidating entrants, and the case will return next week. The injunction was granted ex‑parte. The court acknowledged the right to peaceful protest but noted the health and safety risks presented by the blockade.
In a High Court judgment, Mr Justice Max Barrett criticised the State's handling of a Pakistani widow and her minor daughter's application to reside in Ireland with their EU citizen uncle. The judge quashed deportation orders issued by the Minister for Justice in 2018, finding the Minister's decision unreasonable and legally flawed. The applicants had lived in Ireland since 2009, supported by the widow's UK‑based brother, a British citizen. In 2014 the uncle secured employment in Ireland and brought his niece and sister with him. The applicants applied under EU free‑movement rules, but the Minister refused in 2015 on the basis of insufficient evidence of dependency. After a review in 2017 the Minister denied the application again, and deportation orders followed. DNA tests, paid for by the applicants, confirmed all were blood relatives, yet the State did not reconsider the decision.
The High Court has ruled that three properties in the west of Ireland owned by John McCormack were purchased with the proceeds of crime. Mr Justice Alexander Owens registered a judgement against the 48-year-old defendant, who denied the accusations. The properties, located at Purcell Park and Cloontara West in Co Clare, and Claughan Fort in Co Limerick, were acquired between 1995 and 2011. The Central Bank of Ireland (CAB) brought the case under the Proceeds of Crime Act 1996, alleging McCormack has led organised criminal activities since the 1990s, including drug importation, stolen goods dealing, and cash-in-transit robberies. The judge noted McCormack was previously convicted and sentenced to three years imprisonment on February 14, 1994. Rejecting McCormack's claim that his income derived from legitimate businesses such as joinery and plant hire, the judge found these were sidelines financed by criminal activity. The court concluded that the only credible explanation for the funding gap was proceeds from serious crime. Consequently, the judge made interlocutory orders under Section 3(1) of the Act regarding the three properties. While the CAB did not claim four further properties in Fuerteventura, the judge noted issues regarding their financing. The matter was finalised with the registration of the judgement and the issuance of these specific orders.
A dispute over an alleged breach of a leasing arrangement for an industrial unit between landlord Airscape Ltd and former tenant Instant Upright Ltd has been admitted to the fast‑track commercial court list. Airscape secured a Mareva injunction freezing Instant Upright's assets below €3.6 million after claiming arrears of €1.3 million on a 25‑year lease that began in 2001, with an annual rent of about €1.5 million. Airscape says the tenant terminated the lease in March 2018, left the premises, and that the premises were damaged in a snow storm that Airscape restored. Airscape also alleges future losses of €2.3 million and seeks damages for breach of contract. Instant Upright denies any arrears, disputes the termination, and argues the freezing order is unwarranted, claiming it has no intention to dissipate assets and that the order harms its reputation and business.
The High Court has admitted a judicial review challenge to the fast-track Commercial Court list regarding a €130m housing development in South Dublin. Ms Orla Fitzgerald, an applicant residing near the proposed site, is challenging a decision by Dun Laoghaire Rathdown Co Council to grant planning permission to developer Tudor Homes Ltd. The project involves 367 new homes, including apartments and houses, on a 6.57-hectare site within the Cherrywood Strategic Development Zone. Ms Fitzgerald alleges the council's decision breaches EU habitats directives and Environmental Impact Assessments, and claims section 170 of the 2000 Planning and Development Act is unconstitutional. Tudor Homes, a notice party, applied for fast-track admission, citing the project's significant commercial value. Mr Justice David Barniville admitted the case to the fast-track list on Monday, with no objections from Ms Fitzgerald's legal team or the respondents. The matter was not concluded; it was adjourned and will return before the court in the autumn. This follows previous High Court proceedings where the council's earlier permission was quashed and remitted for fresh determination.
The High Court warned former owner Lisa O'Brien that she could be jailed if she does not vacate the South Dublin apartment at Hunter's Hall by Monday, July 20. Ms Justice Leonie Reynolds issued the warning after O'Brien failed to comply with a High Court injunction issued in April that ordered her to leave the property, which the Housing and Sustainable Communities Agency had acquired for €207,000 in late 2019. The agency, which intends to allocate the vacant unit to a person in need, said O'Brien had re‑entered the premises in February, posted a sign claiming it was her family home, and has since refused to vacate. O'Brien, represented by Gabriel Reynolds BL, argued she had no alternative accommodation and disputes the mortgage transfer. The court granted the agency's attachment and committal application, stating O'Brien had deliberately breached the order and had also failed to attend a scheduled court hearing.
In a High Court hearing, the State's counsel argued that Ireland has become a "safe haven" for Ian Bailey, who faces a 25‑year prison sentence in France for the murder of Sophie Toscan du Plantier. The counsel said the court had a prima facie obligation to surrender Bailey, citing a strong public interest and the risk of losing sight of the case. Bailey, 63, was convicted in absentia by a Paris court in May 2019 and denied any involvement. He was arrested in December 2019 under a European Arrest Warrant and remanded on bail. The judge, Mr Justice Paul Burns, reserved judgment, to be delivered on 12 October, and Bailey remains on continuing bail until that date. The hearing highlighted the procedural status of the extradition request and the State's obligation to comply with the warrant.
Dublin City Council has taken the case to the High Court to challenge a decision by An Bord Pleanala that allowed Spencer Place Development Company Ltd to increase the height of two buildings in a docklands development from 7 to 11 and 13 storeys, thereby adding more than 110 residential units. The council argues that the board's approval breaches building height restrictions in the North Lotts and Grand Canal Dock Strategic Development Zone. Earlier this year the council's challenge was remitted back to the board for reconsideration. In April the board had granted Spencer Place permission to add 115 units to a previously approved scheme of 349 units and to convert an apart‑hotel into 120 shared accommodation bedrooms. The council claims the board failed to consider relevant planning guidelines, gave inadequate reasons, and acted beyond its powers. The court will hear the case after the August recess.
A 40‑year‑old male model, Mark Adams, was stopped at Belfast International Airport on 9 May 2018 with €180,000 in two brown envelopes in his hand luggage. Northern Irish authorities allege he concealed the money, attempted to remove it from Northern Ireland on that date, and knew or suspected it was proceeds of crime. They seek his extradition on charges of concealing the money and attempting to remove criminal property, with each offence carrying a maximum penalty of 14 years' imprisonment. The High Court, hearing the case on 16 July 2020, found that Adams had failed to provide evidence that surrender would breach his fundamental rights. Mr Justice Paul Burns ordered his surrender to the UK, but postponed it until a later date and remanded him in custody until 19 July 2021, pending domestic proceedings in Dublin. Mark Adams was convicted.
Detective Garda Aidan Bracken, a 20-year veteran with five years of absence due to psychiatric injuries, has initiated a High Court action to prevent his summary dismissal from An Garda Siochana. The dismissal was proposed following his guilty plea in 2019 to a charge of making a false report concerning threats against himself, his family, and colleagues. The court heard that the detective had been suffering from serious mental health issues, including PTSD and paranoia, due to threats from criminal gang members. The Circuit Court dismissed the charges under the Probation Act, citing extenuating circumstances. However, the Garda Commissioner based the dismissal on the detective's 'conviction,' despite no formal conviction being recorded. Counsel argued that the commissioner's decision was premature and lacked sufficient grounds, while the commissioner claimed the action was taken before the process under Garda regulations was completed. Detective Bracken seeks orders to prevent his dismissal, require the commissioner to provide adequate reasons, and declare constitutional rights violations.
In a High Court hearing on 15 July 2020, Mr Justice Leonie Reynolds ordered former FAI CEO John Delaney to submit a sworn statement detailing his actions regarding the inspection of files seized by the Office of the Director of Corporate Enforcement (ODCE). The files, comprising 13 documents and a digital device with 270,000 items, were taken from the FAI's Abbottstown offices under a search warrant in February. An agreement had been reached between Delaney and the ODCE on how the inspection would proceed, with Delaney allowed to identify private material. The inspection began earlier that week and was scheduled for completion by late July. Delaney, now in the UK, requested an extension due to the volume of files and travel restrictions. His counsel noted that an IT expert had been engaged, but the court required sworn statements from both Delaney and the expert before considering the extension. The matter was adjourned for a week.
In July 2020, several media outlets appealed a High Court decision that barred them from naming a mother who smothered her three‑year‑old daughter with a pillow. The High Court judge had ordered that the deceased child not be identified, and the mother could not be named because that would identify the child. The mother had been found not guilty by reason of insanity in a trial last year. Prosecuting counsel had sought an order under Section 252 of the Children Act 2001 to prevent publication of anything that could identify the child. Justice Michael White granted the order, and the following day a lawyer for the media applied to Justice Carmel Stewart to set it aside. Justice Stewart upheld the restriction, citing the clear wording of Section 252. The media organisations—RTE, Independent News and Media, News Group Newspapers Ltd and The Irish Times—appealed to the Court of Appeal.
In a High Court hearing on 15 July 2020, Mr Ian Bailey, aged 63, defended his right not to be extradited to France for a third time over the 1996 murder of filmmaker Sophie Toscan du Plantier. His counsel, Ronan Munro SC, argued that the 2012 Supreme Court decision in Minister for Justice v Tobin, applying section 44 of the European Arrest Warrant Act 2003, gave Bailey an "ironclad right" against surrender because the offence was committed outside France and Irish law did not allow prosecution for it abroad. Munro contended that the 2019 Criminal Law (Extraterritorial Jurisdiction) Act did not materially alter this right and that the repeated extradition attempts constituted an abuse of process. The case, which had previously seen a 2017 extradition request dismissed as an abuse of process, was set to continue for three days in the Irish High Court. Ian Bailey was convicted.
The High Court has been asked to review a decision by the Commissioner for Environmental Information that a 2016 submission by IBEC to the Minister for Transport was not environmental information. The 'Right to Know' NGO, which seeks to improve public access to information, brought the action after learning that IBEC had lobbied the Minister for Transport between January and April 2016, with the aim of influencing transport policy and infrastructure projects that would affect the environment. In March 2017 the NGO applied under the European Communities Access to Information on the Environment regulations for IBEC's submission, but the Commissioner refused, stating it was not environmental information. The refusal was appealed and dismissed in March 2018. The NGO now seeks orders to set aside the Commissioner's finding, declare the submission to be environmental information, require the Commissioner to give reasons, and possibly remit the matter back for further consideration of exemptions. The case is before Ms Justice Niamh Hyland.
Liam Campbell, 58, who was found civilly liable for the 1998 Omagh bombing, has been granted leave by the High Court to appeal an extradition order that would surrender him to Lithuania to answer charges of international weapons trafficking. The extradition request is based on a second European Arrest Warrant issued by Lithuanian authorities, the third overall attempt to secure his surrender. Campbell was arrested in Dundalk on 2 December 2016 under the warrant, which alleges he organised the smuggling of firearms and explosives for the Real IRA between late 2006 and early 2007. The High Court, in a judgment delivered electronically on 26 June, confirmed that an order for his surrender may be made and granted him 10 days to file an appeal before the 25‑day surrender deadline. The appeal focuses on a legal question about whether an intention to put someone on trial is the same as actually putting them on trial.
A High Court judge has ordered an inquiry into the detention of a 33-year-old Chilean student held in the Dochas Centre at Mountjoy Prison. Ms Estefany Carolina Alquinta Gonzalez arrived in Dublin on 2 July to begin an English language course at a Dublin school. She was refused entry at the airport on grounds that she posed a threat to the State's fundamental policy interests, and was subsequently placed in solitary confinement. Ms Gonzalez, represented by Rosario Boyle SC and Aoife McMahon BL, denies posing any security or public policy risk. Evidence presented to Mr Justice Charles Meenan indicated she had pre-arrival contact with the Department of Foreign Affairs regarding entry requirements. Ms Gonzalez claims she held all required documentation, including her passport, proof of funds, and accommodation details in County Roscommon. The judge directed the inquiry under Article 40 of the Constitution on Monday and adjourned the matter to Tuesday.
Sean Paul Farrell, a 32‑year‑old from Dublin, was wanted in Northern Ireland for an alleged attempted murder of a PSNI officer and possession of explosives at Eglinton, Co Derry, on 18 June 2015. He fled to the UK to avoid extradition, travelling to Scotland where he was arrested in May. A High Court hearing on 10 July 2020 addressed his extradition application. Mr Justice Paul Burns noted that a family member had posted a €25,000 bail surety and an additional €5,000, both forfeited after Farrell failed to appear for a court date. A bench warrant was issued on 2 March when he did not attend the High Court, leading to forfeiture of the bond and surety. Mr Justice Burns confirmed that Farrell is now in custody in Northern Ireland under a bench warrant for the attempted murder charge and will face trial in a Belfast court.
An Italian woman, Ms Martina Romagnoli, is sued by former lover Jose Alfredo Hernandez Ortega and his company Leeston Enterprises SA for moving two valuable horses to Ireland. Ortega claims ownership of the grey stallion Milton, pre‑selected for Belgium's Olympic team, and the gelding Diego, slated for the European Championships, each worth €4‑4.5 m. The High Court granted Ortega a temporary injunction preventing sale or removal of the horses. The case involves Romagnoli's Irish companies, alleged to run Bunmahon Sporthouse Stud, and Ballinasisla Stud Ltd, owned by Richard Fitzgerald, who is also secretary of Romagnoli's companies. Ortega alleges the horses were taken to Ireland to escape his control. Romagnoli claims 50 % ownership of each horse and opposes appointing receivers, arguing it would damage her reputation. The judge adjourned the matter, directed parties to secure insurance, and to keep the horses' passports during proceedings.
Barry McArdle, 34, of Drimnagh, was arrested in Galway on 1 July under a European Arrest Warrant (EAW) after a High Court decision earlier that year found a previous EAW invalid. McArdle had been sentenced in absentia by the Amsterdam Court of Appeal to 12 years and three months imprisonment for manslaughter in the death of Keith Ennis, 29, in 2017. He had previously served a two‑year sentence for disposing of Ennis's body and was acquitted of the stabbing in Rotterdam in 2009, though that acquittal was later overturned. At the bail hearing, Garda Detective Eoin Kane presented evidence that McArdle had 19 prior convictions, including possession of €1 million of diamorphine, and had previously failed to attend bail and court appointments. Mr Justice Paul Burns found McArdle a flight risk, rejected his bail application, and remanded him in custody until the full extradition hearing on 20 July.
A businessman from County Donegal who was imprisoned for nine weeks in 2019 over illegal dumping has initiated High Court proceedings against another waste disposal operator. Jim Ferry, whose former company Ferry Refuse Collection faced enforcement action by Donegal County Council for illegally burying waste at Rossbraken, has brought the action against firms operating at Labbadish, Manorcunningham, Letterkenny. Mr Ferry claims the facility is functioning without proper planning permission in breach of the Planning and Development Act 2000 and the Waste Management Act 1996. He seeks orders to restrain the respondents from continuing unauthorised waste and recycling operations at the site, alleging environmental damage to lands adjoining the Corkery River, which flows upstream from Lough Swilly. The matter was mentioned before Mr Justice Charles Meenan at the High Court on Monday, where adjournment was granted to allow the respondents time to prepare a sworn reply to the allegations.
In July 2020, the not‑for‑profit NOYB – European Centre for Digital Rights, based in Vienna, filed a High Court challenge against the Data Protection Commissioner of Ireland. NOYB alleges that the Commissioner has breached its GDPR and Data Protection Act duties by failing to investigate complaints lodged in 2018 about the unlawful processing of personal data by the social media platforms WhatsApp and Instagram. The complaints, made by German and Belgian authorities, claim that the platforms rely on user consent in a way that violates GDPR. NOYB argues that the investigation has only progressed through the first two of eight stages and that the Commissioner has not completed it within a reasonable period. The court granted permission for the action on an ex‑parte basis and set a return date for September.
A Mexican businessman, Jose Alfredo Hernandez Ortega, and his Panama‑registered company Leeston Enterprises SA have brought a High Court action in Ireland against former Italian partner Martina Romagnoli and several Irish‑registered companies. Ortega claims that Romagnoli moved two valuable horses, a grey stallion named Milton and a gelding named Diego, from a Belgian stud to Ireland without his permission. The horses are slated to represent Belgium in the Olympic Games and the European Championships. On Thursday, Ms Justice Reynolds granted temporary injunctions preventing the horses from being sold or moved out of Ireland, requiring the defendants to preserve any semen samples from Milton and to disclose the horses' whereabouts. The injunction also restrains the defendants from inseminating other horses with Milton's semen. The case will return to court next week.
A High Court judge has urged brothers Andrew and Philip Fried, shareholders of Claddagh Jewellers Ltd, to resolve their ongoing disputes. The judge, Mr Justice Mark Sanfey, made orders following unsuccessful mediation. In one set of proceedings, Andrew Fried claimed Philip, along with their father Laszlo Fried, attempted to interfere with the business. Philip denied the claims and alleged he was being oppressed. The judge noted that Andrew's legal team withdrew due to lack of instructions, and Andrew did not attend court. Philip's lawyers sought orders to restore Philip as a director and for Andrew to hand over company assets. The judge granted the order to restore Philip as a director but deferred other orders until a later court date. In separate proceedings, Philip claims sole ownership of the trademark 'Claddagh Jewellers' and sought an injunction against Andrew. The judge granted the injunction, pending the final outcome. The judge urged the brothers to resolve matters to avoid further harm to the business. Additional proceedings involving Laszlo Fried remain pending and will return before the court later this month.
In a High Court ruling on 26 June 2020, Mr Justice David Barniville ordered that a dispute between the Health Services Executive (HSE) and Narooma Ltd over a €7.4 million contract for 350 medical ventilators be referred to arbitration. Narooma, a Dublin‑based company, sued the HSE for failing to honour the contract, which was entered into in late March 2020 and required the ventilators to be shipped from China between April and May with payment by 30 March. The HSE declined to purchase the equipment, citing concerns about Narooma's status as an authorised agent and conducting due diligence. Narooma sought injunctions and later damages, alleging the HSE had damaged its reputation and economic interests. The HSE denied wrongdoing. The court found the arbitration clause in the contract valid, rejected Narooma's claim that it was meaningless, and noted that a proposed defamation action did not affect the arbitration decision. The case was adjourned to July.
After a 12‑year legal battle, the High Court will order the extradition of Liam Campbell, 58, who was found civilly liable for the Omagh bombing, to Lithuania where he faces international weapons‑trafficking charges. Campbell was arrested in December 2016 under a second European Arrest Warrant (EAW) issued by Lithuanian authorities. The warrant alleges that between late 2006 and early 2007 he organised the smuggling of firearms and explosives for the Real Irish Republican Army (RIRA). His legal team has argued that the prolonged delay and potential for inhuman treatment in Lithuanian prisons, particularly the closed Lukiskes facility, constitute an abuse of process. Justice Aileen Donnelly, in her judgment, accepted that the conditions at Lukiskes no longer pose a risk and that the extradition order may be made when Campbell appears in court on 13 July. Campbell has one week to apply for a certificate of appeal from that date.
The receiver, Mr Stephen Tennant, appointed by AIB Mortgage Banks and AIB in October 2016 to manage three Dublin properties at 100, 101 and 104 Seville Place, strongly denies Dublin City Council's claim that he is in contempt of court for failing to vacate the buildings. The council, which secured injunctions in October 2015 requiring the residents of the three fire‑trap properties to leave immediately, has now sought the receiver's attachment and possible committal to prison. Mr Tennant, represented by counsel Rossa Fanning SC, said he will fully contest the allegations and has sworn two affidavits outlining his position. The High Court adjourned the matter for a week to allow constructive talks between the receiver and the council, with the judge hoping the discussions will be productive. The council has received complaints of anti‑social behaviour from residents and cites fire‑safety deficiencies that could spread a fire rapidly in the four‑storey, 190‑year‑old buildings.
In High Court proceedings before Ms Justice Leonie Reynolds, the Office of the Director of Corporate Enforcement (ODCE) and former FAI CEO John Delaney reached an arrangement regarding the inspection of documents and emails seized from FAI offices in February. The ODCE seeks to determine if the material is legally privileged for its ongoing investigation. Mr Delaney, who lives and works in the UK, was joined as a notice party to protect his private rights. Counsel for the ODCE outlined agreed steps allowing Mr Delaney to inspect a forensic copy of a digital device and 13 documents to identify private material. Any disputed items would be reviewed by a single ODCE team member. The ODCE's application for a privilege determination is scheduled for July. Mr Delaney's counsel confirmed his client consents to the proposed examination orders, as did FAI counsel. The judge expressed a wish for expedition, noting concerns about potential travel restrictions affecting Mr Delaney's attendance. The proceedings were adjourned, with the judge directing that the inspection be carried out in Mr Delaney's presence within the next two weeks to ensure the July application proceeds on schedule.
The HSE has apologised and made an interim payment of €4.6m to Tadhg James McKenna, who brought a High Court medical negligence claim over the circumstances of his birth at Cavan General Hospital. Tadhg, who has cerebral palsy and requires constant care, had sued the HSE for alleged negligence and breach of duty of care during his delivery on August 31, 2017. Liability had previously been conceded in relation to breach of duty but causation was at issue. Following out of court talks, the matter was resolved. An apology was read before the High Court, where Cavan General Hospital and the HSE 'unreservedly apologised for the failings in care that caused the injuries sustained by Tadhg at birth and the consequential upset suffered' by the McKenna family. The court heard that Tadhg, of Sruth An Mhuillan, Emyvale, Co Monaghan, who had sued through his mother Emma Louise McKenna, suffers with seizures, respiratory attacks, fevers and requires constant medical care and monitoring. The HSE agreed that an interim payment of €4.6m should be made to provide for Tadhg's care. The boy's case will return before the court in five years time. The judge adjourned the matter to a date in June 2025.
The estate of the late Fine Gael Councillor John Bailey secured a temporary High Court injunction to stop Mr Francis Tiernan from spraying poisonous weedkiller on 100 acres of farmland at Castlewarden on the Dublin‑Kildare border. The estate, represented by Darren Lehane BL, claims the land belongs to Mr Bailey and that Mr Tiernan has been trespassing since April. The dispute stems from an incomplete 2006 sale for €4.6 million and a 2013 damages award of €1.2 million against Mr Tiernan. In 2018 Mr Tiernan filed a Lis Pendens but did not pursue it. He has used machinery, burned scrub, and threatened to spray weedkiller, prompting the estate to seek an interim order. The court granted the injunction ex‑parte and adjourned the case to early July. The estate also intends to pursue further orders restraining Mr Tiernan and seeking damages for trespass. The injunction was issued by Mr Justice Michael Quinn.
Mark Adams, 40, of Castleheath, Malahide, was stopped at Belfast International Airport on 9 May 2018 with €180,000 in two brown envelopes. Northern Irish authorities seek his extradition on money‑laundering charges, alleging he concealed the money in his hand luggage and attempted to remove it from Northern Ireland, knowing or suspecting it to be proceeds of crime. He also faces charges for arranging the removal of criminal property between 13 May 2013 and 10 May 2018. The High Court heard an application for an extradition order and postponement. Counsel Paul Comiskey O'Keeffe argued that extradition could infringe Adams' right to a fair trial under the UK‑EU withdrawal agreement, as a future trial in Northern Ireland might occur outside the EU. The State's counsel, Aoife Carroll, applied for surrender and postponement, stating the warrant was valid and Brexit did not affect the case. Mark Adams was convicted.
In a High Court case on 22 June 2020, John Kieran Brennan of Clonmulen, Bunclody, Co. Carlow alleged that former developer Patrick Fitzpatrick was employing the debt‑collection firm run by Martin 'The Viper' Foley to pursue a disputed debt of over €100,000. Brennan, who denies owing any money, secured a temporary injunction after men associated with Foley's firm entered his home, threatened him and his family, and demanded payment. The injunction, granted by Mr Justice Michael Twomey, prohibits Fitzpatrick, his agents or any of his servants from intimidating, threatening, watching or besetting Brennan and his family. Brennan's counsel highlighted that Fitzpatrick had purchased 400,000 shares in Moralltach Global Plc for €100,000, of which Brennan is a director, and that Fitzpatrick has not taken any court action against Brennan regarding the alleged debt. The injunction is set to be reviewed later in the week. The case remains at the interim injunction stage.
In June 2020 the Dublin City Council (DCC) brought court proceedings against Mr Stephen Tennant, the receiver appointed by Grant Thornton for three Seville Place properties. The DCC sought the receiver's attachment and possible committal to prison after the receiver failed to enforce High Court orders that required the residents of the three "firetrap" buildings to vacate. The High Court had earlier issued injunctions in October 2019, ordering the residents of 100, 101 and 104 Seville Place to leave immediately and keep the buildings vacant until fire‑safety deficiencies were remedied. The DCC argued that the receiver's refusal to vacate the premises, despite offers of alternative accommodation, led to continued occupation and anti‑social behaviour. The court granted the DCC permission to serve short notice of the proceedings and adjourned the matter to later that week.
Mary Walsh has applied to the High Court for permission to sue An Post National Lottery Company, which is in liquidation, alleging negligence regarding advice given on her €3.3m Lotto win. The application before Ms Justice Teresa Pilkington is opposed. Mrs Walsh claims a lottery representative advised that gifts to others should be exempt from tax if those persons signed the winning ticket. She alleges she was not informed of the full implications, leading her and five others, including her stepson David Walsh and her late husband's nephew Kevin Black, to sign the ticket. This resulted in litigation against her. The company argues the application should have been filed when proceedings began in 2016 and that the claim is bound to fail given a prior High Court judgment critical of Mrs Walsh. Counsel for Mrs Walsh, John Shortt SC, argued she should be allowed to bring the claim after changing solicitors. The judge reserved her decision. In the underlying dispute, Mr Justice Humphreys ruled in 2017 that David Walsh was entitled to a one-sixth share of the ticket, ordering Mrs Walsh to pay him €560,000 plus costs. Mrs Walsh appealed, but in 2018 the Court of Appeal was informed the action was resolved entirely, with her appeal allowed as part of a settlement. Mrs Walsh had claimed David Walsh accepted her and her late husband Peter Walsh's house in lieu of €200,000, a claim he denied.
The High Court heard that progress has been made in the Office of the Director of Corporate Enforcement's proceedings concerning documents seized from the FAI's offices on a search warrant. Former FAI chief executive John Delaney is a notice party because some documents may contain information private to him. The ODCE has applied to determine whether the seized documents are legally privileged; if so, they cannot be used in the investigation. The court will hear how the documents will be inspected later this month, a hearing expected to last less than an hour. An application to decide on legal privilege will be considered in July. Both Mr Delaney's counsel and the FAI's counsel consented to the proposed directions. The ODCE's applications are made under the 2014 Companies Act following the February 14 search of the FAI's Abbottstown offices.
Junaid Manzoor, an Indian national, and Tara Wrenne, an Irish citizen, have brought High Court judicial review proceedings against the Registrar of the Civil Registration Service, Cork, the HSE, and the Registrar General. The couple, represented by Colm O'Dwyer SC and solicitor Wendy Lyon, claim the Civil Registration Service has unlawfully failed to permit them to marry or make a decision on their application, which was lodged in November 2018. They allege that the requirement for a second interview to determine if their union constitutes a marriage of convenience, triggered solely by Mr Manzoor's non-EU status, is discriminatory. Mr Manzoor, who arrived on a student visa that expired in 2015 and faced a deportation order in March 2020, and Ms Wrenne deny any such intent. The Civil Registration Service stated it could not proceed until the Irish Naturalisation and Immigration Service resolved Mr Manzoor's status. The applicants seek an order compelling the Registrar to make a decision, along with declarations that the service acted unlawfully and in breach of their rights. Mr Justice Charles Meenan granted permission to bring the challenge on an ex-parte basis and made the matter returnable to a date in July.
In a High Court case, several parties, including Iveagh Markets Hotels Ltd and businessman Martin Keane, challenge Dublin City Council's (DCC) decision to invalidate a planning application for redeveloping the Iveagh Markets site in Dublin's Liberties. The application, submitted in December 2019, proposed a distillery, restaurant, bakery, and a 128‑room four‑star hotel on the western side of Lambs Alley, and a 148‑room three‑star hotel with a hostel on the eastern side. DCC declared the application invalid on 17 January 2020, citing lack of legal interest and absence of a required letter of consent, asserting ownership of the land. The applicants argue that DCC's claim of ownership is disputed, noting a €888,816 payment made in 2006 that remains on deposit. They seek orders to quash DCC's decision, declare their sufficient interest, and claim DCC acted unreasonably and breached their rights. The judge granted permission ex‑parte and adjourned the case to October.
The High Court case concerning the passport renewal of Abdul Malik Bekmirzaev, an Irish‑born seven‑year‑old boy now in Belarus with his mother, has been resolved. The court was told that a decision will be made by the Department of Foreign Affairs on whether to renew the boy's passport. The boy and his mother, Iryna Paltarzhytskaya, were deported to Belarus from a Turkish refugee camp in January after the boy's father, Alexandr Bekmirzaev, left Ireland and is believed to have fought for ISIS in Syria. The boy's Irish passport was confiscated by Turkish authorities and an application to renew it was made in February, but no decision had been taken. High Court judicial review proceedings were launched in May against the Ministers for Foreign Affairs and Justice. The boy sought orders requiring the Minister for Foreign Affairs to issue a new passport or to determine the application.
The High Court heard a defamation claim brought by Adeyeye Enitan Ogunwusi, the traditional ruler of the Yoruba people, against Irish-based blogger Esther Esabod Aboderin. Ogunwusi alleges that Aboderin's social media posts on Facebook and YouTube maliciously accused him of serious criminal offences, including human trafficking, money laundering, and ordering killings. He denies these allegations and sought injunctions under the 2009 Defamation Act to remove the material and prevent further posting. Before Mr Justice Anthony Barr, Aboderin, who represented herself, consented to interim injunctions pending the full hearing. She agreed to remove the allegedly defamatory material from her Facebook account and stated she would ask followers to remove YouTube posts, which she claimed were uploaded by others. Her defence is justification. Counsel for Ogunwusi noted that in separate proceedings last year, a Nigerian businesswoman, Rosala Uvbi Mku-Atu, also brought defamation claims against Aboderin over social media comments. Aboderin acknowledged those posts have been taken down. She stated she fears for her safety and will not return to Nigeria. The matter was adjourned for the full hearing of the action.
The High Court ordered the extradition of Ronan Hughes, 40, to the United Kingdom to face 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. Mr Justice Paul Burns rejected Hughes' objection that the alleged offences occurred outside UK territory, ruling that the deaths of 39 Vietnamese nationals occurred within UK territorial waters and that the conspiracy was furthered in the UK. Hughes, from Co Monaghan, is alleged to be the ringleader of an organised crime group that trafficked the migrants. The court ordered his surrender to take effect on June 15, 2020, following a request by Counsel for the Minister for Justice to shorten the usual 15-day period. Hughes was remanded in custody for not more than 15 days. This decision follows his arrest in April 2020 under a European Arrest Warrant. The source text also references a separate Court of Appeal case involving Eamon Ronald Harrison, where judgment was reserved on charges of conspiracy to assist unlawful immigration and acquiring criminal property, and Maurice Robinson, who pleaded guilty to similar charges. However, the primary focus of this report is the High Court's finalisation of Hughes' extradition.