Court archive

High Court

2020-04-01 · Limerick

Rathkeale man willing to surrender over rhino horn trafficking

John Slattery, a 30‑year‑old Limerick man who has changed his name to John Flynn, is currently in custody awaiting extradition to the United States for alleged wildlife trafficking. He is accused of three offences involving the purchase and sale of endangered black rhino horn. US authorities claim that Slattery and two others bought horns for $18,000 in Austin, Texas, and later sold them for $50,000 in New York. They also allege that between April and November 2010 Slattery bought two more horns for $10,000 and that in early 2011 he and co‑accused sold six horns for $260,000 at an auction in Macon, Missouri. Slattery's counsel, Mark Lynam, said the client has agreed to extradition but that the Covid‑19 crisis prevents immediate surrender.

2020-03-31 · Dublin

Man allegedly disrupting plans to use Citywest complex for Covid-19 victims

In March 2020 the owners of the Citywest Complex obtained a temporary High Court injunction against Mr Donal Burns, who holds a lease for a suite in the Golf Hotel Building. The injunction was sought because Burns allegedly disrupted the HSE's plans to use the complex as an isolation and step‑down facility for Covid‑19 patients. The two firms, Cape Wrath Hotel Unlimited and Alva Glen Land Developments Ltd, had entered contracts with the HSE to renovate the Golf Hotel and other parts of Citywest for this purpose. Burns had reportedly entered the site during lockdown and claimed he intended to move his elderly mother into the suite, an action that the lease forbids. The court, hearing only the plaintiffs' case, granted the injunction ex‑parte, prohibiting Burns from entering the complex or occupying the suite, and set a hearing for 21 April. The judge allowed Burns to apply to lift the injunction with 48‑hour notice.

2020-03-31 · Ireland

Judge warns lawyers over bail applications on Covid-19 fears

Ms Justice Mary Rose Gearty, presiding over High Court bail, cautioned lawyers against filing multiple bail applications solely on the basis of a feared Covid‑19 outbreak in Irish prisons, noting no recorded cases of the virus in the system. She emphasized that bail refusals had been made on evidence‑based grounds and that fear of the pandemic could not justify overturning prior rulings. In a specific case, a man who had been refused bail in February applied again citing pandemic fears; the judge struck the application, refused costs, and warned that such a change of circumstance was insufficient. Gearty also clarified that while the public health emergency required people to stay home, the usual bail condition of signing on at Garda stations was suspended for four weeks, though other conditions like residence, curfew, and phone availability remained enforceable.

2020-03-30 · Dublin

Garda under criminal investigation seeks to stop dismissal from force

A probationary Garda, whose name is withheld for legal reasons, has filed a High Court challenge to prevent his dismissal from the force. He is under criminal investigation following his arrest and a home search conducted under a warrant issued under the Offences Against the State Acts. After his arrest, he was suspended from duty over alleged irregularities in the possession, storage and processing of firearms and related materials and documents as part of his role. The Garda denies any wrongdoing and says he will make a full defence if given the opportunity. Earlier this year, the Garda Commissioner proposed to dispense with his services based on a report compiled by a senior officer. The report alleged that the Garda was found in possession of items, including documents, keys to storage rooms, a utility belt, handcuffs and other Garda accessories that he was not entitled to or had permission to possess.

2020-03-27 · Kildare

Woman deemed unfairly dismissed seeks to have State make payment

Ms Indira Attride, a former administrative employee of Canopus BioPharma Ltd, a partnership in Straffan, Co Kildare, claims she was unfairly dismissed and was awarded €28,513 by a rights commissioner. The partnership ceased trading and one partner went bankrupt, leaving no assets. The Department of Social Protection refused to pay her from the Social Insurance Fund, stating that only one partner's bankruptcy sufficed for a claim. Ms Attride, represented by John Kennedy SC, argues that the State's refusal breaches EU Directives on workers' entitlements and that Irish law fails to cover employees of partnerships. She seeks orders for the Minister to pay her the awards from the fund, to align Irish law with EU law, and declarations that the State is in breach of EU Directives. Mr Justice Sanfey granted permission ex‑parte and adjourned the case to a later date.

2020-03-27 · Meath

Drugs accused (70) suffering with cancer and in prison isolation, court hears

A 70‑year‑old cancer patient, Ronald Gordon, is in prison isolation because of Covid‑19 concerns and has been denied High Court bail. Gordon, a UK national, is charged with possession of cannabis and cocaine for sale or supply at Sarsfieldstown, Gormanston, Co. Meath, on 8 May 2019. The drugs are estimated to be worth about €2.5 million. He has applied for bail three times; the latest application was accompanied by a consultant's letter from Beaumont Hospital detailing his health difficulties, which was not presented at earlier hearings. Counsel for Gordon, Michael Hourican BL, argued that his prognosis was "not good at all" and that prison authorities were anxious to release vulnerable inmates. The Director of Public Prosecutions, Nicola Cox BL, maintained that the objection to bail was not made lightly, citing the seriousness of the allegations and the lack of any change in circumstances that would justify release.

2020-03-27 · Ireland

Boy used by older peers in 'illegal fight club', High Court hears

The High Court heard that a 16‑year‑old boy was being used by older peers to fight other youngsters in an illegal fight club. The Child and Family Agency (CFA) sought orders to place the boy in a secure special care unit for his welfare and safety. The court, presided over by Mr Justice Mark Sanfey, extended the boy's placement for an additional three months. Counsel for the CFA, David Leahy BL, explained that the boy had previously been detained under a temporary order due to his "very disturbing behaviour." Investigations revealed that he had been found in the boot of a car, placed there by older peers, and had been involved in violent fights. The boy has also reported drug and alcohol use, and is accused of sexual assault, hijacking a car, assault, criminal damage, and arson. He has had several voluntary placements, including foster care, but these ended in homelessness.

2020-03-26 · Cork

Brother tells High Court he's afraid murder accused sister will 'come after me next'

Helen Jones, aged 52, of Cahergal Avenue, Mayfield, Cork, is charged with aggravated burglary and the murder of her brother Paul Jones, aged 55, at his Bandon Road home on 4 September last year. She was denied bail by the High Court after objections from Gardaí. Her brother Liam Jones, who travelled from Cork to Dublin despite ill health, testified that he feared his sister would "come after me next" and that she had threatened to petrol‑bomb his girlfriend's house – allegations she denied. Helen Jones, who has emphysema and chronic obstructive pulmonary disease, said she had not seen Liam for three and a half years and would have no contact if released. The judge, Ms Justice Mary Rose Gearty, expressed sympathy for her medical conditions but found no bail conditions could assure safety. The case remains at the High Court stage, with a book of evidence to be served next week.

2020-03-26 · Louth

Pandemic sees liquidator appointed to plant hire business

The High Court heard that Covid‑19 had caused Brandon Plant Hire Ltd to become insolvent, with a debt of €934,000 and the loss of more than 30 jobs. The company, founded in 1997, had been profitable but faced cash‑flow problems, including unpaid work from Cairn Homes and difficulties complying with Irish Water regulations. An investor who had been expected to provide capital withdrew, and the firm incurred extra costs for additional workers and bad weather. Employees are on Covid‑19 protection notice. Directors were reportedly threatened by creditors who feared damage to works in progress. The court appointed Chartered Accountant Anthony Fitzpatrick as provisional liquidator to secure the firm's assets—tools, piping, JCB diggers, dumpers and excavation equipment—and to ensure fair distribution to creditors. The matter was adjourned to a hearing next month.

2020-03-25 · Dublin

Mother at 'high-risk' of infection attends court only to see son's bail refused

In a High Court hearing on 25 March 2020, a 22‑year‑old man from north County Dublin was denied bail while he appeared via video‑link from prison. He faces 11 charges, including two burglaries and several thefts involving a wallet and contactless ATM card payments of less than €30. His barrister argued that the defendant's mother, who is recovering from cancer and is classified as "high risk" for Covid‑19, and his partner, who is pregnant, were present in the courtroom and ready to give evidence. The defendant claimed he had become "genuinely" concerned about his life after learning of the pregnancy and pledged to comply with any bail conditions. The judge, Mr Justice Paul Coffey, rejected the plea that the defendant had changed, citing his history of offending and the seriousness of the charges, and refused bail.

2020-03-25 · Meath

Attempted murder accused challenges prison segregation

Caolan Smyth, a 28‑year‑old prisoner remanded for attempted murder, has filed a High Court challenge against his confinement in the Midlands Prison's segregation unit. He alleges that since his transfer a few months ago he has been locked in his cell for 23 hours a day, denied regular exercise, educational and vocational opportunities, and limited to screened visits. Smyth argues that the prison authorities claim he is isolated for his own safety, but he disputes that his life is in danger from other inmates. He contends that the conditions amount to punishment without disciplinary hearings, breach his constitutional rights to bodily integrity and to prepare for trial, and prevent him from meeting his Dublin‑based lawyers after 5:30 pm on weekdays.

2020-03-25 · Ireland

Judge urges Facebook and Janet Jackson's ex to resolve differences over fake ads

A High Court judge has urged representatives of Facebook and Wissam Al Mana to resolve their differences regarding an application for information on those behind 'fake ads'. Mr Al Mana, a UK-based Qatari national, has brought proceedings over adverts which he says are wrongly and maliciously using his name and image. The adverts contain a fake news article linking him to a cryptocurrency auto-trading program, which he has nothing to do with. Mr Al Mana wants to sue both Facebook Ireland Ltd and the parties behind the adverts for defamation and malicious falsehood. As part of his action, Mr Al Mana's lawyers also seek a 'Norwich Pharmacal' order from the court. That order would require Facebook to disclose details that would allow them to identify the unknown persons that placed the ads. The application was briefly mentioned before Ms Justice Leonie Reynolds at the High Court on Wednesday morning. Anna Shanley BL, for Mr Al Mana, said the sides had been in discussions concerning that order but there was an issue that remains outstanding. In reply, Cian Ferriter SC for Facebook said that one net issue remains between the parties. Ms Justice Reynolds urged the sides to continue their efforts to resolve their differences. The matter was adjourned for a week.

2020-03-24 · Louth

Accused said to have 'packed bags' has bail money forfeited

In a High Court hearing on 24 March 2020, Dean Thornton, aged 22 and from Moneymore, Drogheda, had his bail forfeited after evidence that he had packed his bags and sought a replacement passport, indicating an intention to leave the jurisdiction. Thornton, charged with false imprisonment and assault causing harm on 11 November 2018, had previously been granted bail on a €1,000 bond with €500 lodged under conditions, including surrendering his passport. In January he applied for a new passport, which was recovered from him in early February. Judge Paul Coffey described the application as "particularly egregious" and, citing the packed bags, ordered the forfeiture of the entire bail amount. The court left Thornton's independent surety of €4,000, with €2,000 lodged by his aunt, untouched, as no evidence linked her to the alleged actions. The Director of Public Prosecutions' counsel noted that forfeiture was not deemed harsh in this case.

2020-03-24 · Meath

Driver alleged to have left woman with serious injuries is refused bail

Brian Reilly, aged 23, was denied bail by the High Court on 24 March 2020 after being charged with three counts of criminal damage, three counts of dangerous driving, endangerment, driving without a licence and failure to remain at the scene. The charges stem from a collision on 29 January that allegedly caused a woman's finger to be amputated and left her with a broken collar bone and a suspected broken pelvis. Reilly was observed driving a Honda in suspicious fashion, breaking a red light, driving through traffic, mounting a roundabout, travelling in the wrong direction and colliding with a van and a Peugeot. The Peugeot's occupants suffered injuries, with the female passenger requiring amputation. Reilly fled on foot towards Ashbourne, was later arrested in a field, and the court found no bail conditions that would satisfy the prosecution. He may apply for bail again in four months if the prosecution's case cannot be progressed.

2020-03-24 · Louth

Planning permission for major housing development given in error, board indicates

The High Court heard that An Bord Pleanála indicated planning permission for a 450-unit housing development in Drogheda ought not to have been granted. The proposed project, located south of the Marsh Road, includes offices and a creche. Protect East Meath Ltd, represented by John Kenny BL and solicitor Fred Logue, brought judicial review proceedings seeking to quash the board's November 2019 decision. The applicants alleged the board failed to properly consider the impact on the Boyne Estuary Special Area of Conservation, specifically regarding bird and bat populations, and breached EU Habitats and Environmental Impact Assessment directives. They sought declarations that the board erred in law. The case was admitted to the High Court's fast-track strategic infrastructure development list. Before Mr Justice Denis McDonald, the court noted the board was prepared to concede the case, which would require developer Ravala Ltd to make a fresh application. However, Ravala Ltd, a notice party, indicated it may continue the proceedings to defend the board's decision. Mr Justice McDonald directed Ravala to make submissions outlining how it proposes to proceed given the board's indication. The matter was adjourned to a date in May.

2020-03-23 · Galway

Medtronic engineer in planning row over 'stand-alone' housing

Conor Tarpey, a 24‑year‑old engineer working for Medtronic in Galway, has taken his planning refusal to the High Court. He seeks to build a 225‑square‑metre house with a garage on family land 850 metres from his parents' home in Ballynamangh East, near Maree. After securing permission from Galway County Council, the decision was appealed to An Bord Pleanala by a neighbouring landowner. The board refused in 2019, a decision that was later sent back for reconsideration. In early 2024 the board again refused, citing lack of demonstrable economic or social need and non‑compliance with rural stand‑alone housing policy. Tarpey argues he has a longstanding relationship with the area, having attended local schools and participated in community activities, and that the board's decision was based on errors of law and irrelevant considerations.

2020-03-23 · Dublin

Romanian seeks to appeal proposed extradition for alleged murder committed here

Petronel Pal, 36, faces extradition to Romania for an alleged murder committed in Meath in 2014. He was arrested in Dublin in 2019 and is wanted for creating an organised crime group and for the aggravated murder of Virgil Busa, who died three days after being assaulted. While in Ireland, Pal and others are alleged to have formed a group headed by a relative of Pal. The High Court has considered surrendering him, but a formal order has not yet been issued. Pal's lawyers have applied to the High Court for leave to appeal, arguing that the case raises a point of law of exceptional public importance and that the High Court's approach to extraterritoriality may be incorrect. The appeal will be decided on March 30, with Pal remanded in custody. The case hinges on whether Irish law allows prosecution for crimes committed abroad by non‑Irish citizens.

2020-03-20 · Dublin

Garda seeks to have breach of discipline finding quashed

Garda Kevin McNulty, a nearly 30‑year‑old officer, has obtained High Court permission to challenge a disciplinary finding that he breached regulations by accessing the PULSE system for matters unrelated to his duties. The alleged breach concerns information about individuals linked to the Kinahan/Hutch feud. McNulty claims the internal investigation lacked fair procedures, denied the allegations, and was not given a reasonable opportunity to respond. He argues that the investigation was based on a misunderstanding of an incident on 8 July 2017, when he was stopped by another Garda while off‑duty and driving with a journalist. McNulty maintains he had no evidence of breaching confidence, communicating information, or using his position for personal gain. He seeks an order quashing the finding and the imposed sanction, and has been represented by Mark Harty SC. The case is set for a May hearing.

2020-03-20 · Cork

European countries no longer accepting extradited suspects

The High Court heard that European countries most active in issuing European Arrest Warrants (EAWs) are no longer accepting suspected criminals surrendered from Ireland because of travel restrictions aimed at curbing the coronavirus outbreak. Poland and Lithuania have closed their borders to almost all incoming travel, effectively suspending EAWs. Other countries, including Latvia and the United Kingdom, have adopted similar measures, though official confirmation is pending. Mr Justice Paul Coffey, overseeing several international extradition cases, adjourned all unheard matters to 18 May and all part‑heard matters to 6 July, allowing the Minister for Justice to apply for earlier dates if circumstances change. He noted that Poland and Lithuania are not accepting surrender at present and that the EAW mechanism is effectively suspended until further notice. Bail conditions remain in force, with a relaxed requirement for sign‑on at Garda stations but a mandatory provision of a mobile phone number and continuous availability for Gardaí.

2020-03-19 · Louth

Development's impact on Battle of Boyne site not considered, court told

The High Court heard that An Bord Pleanála's grant of planning permission for a 661‑unit development at Rathmullen, Drogheda, was flawed because it did not consider the impact on the historic Battle of the Boyne site. The Highland Residents Association and Protect East Meath Ltd applied for judicial review, arguing the board failed to assess the development's effect on the battlefield, on four EU‑designated breeding and resting sites for rare species, and on local fauna such as roosting bats. They also claimed the decision contravened Meath County Council's 2013‑2019 Development Plan and the 2016 Planning and Development (Residential Tenancies) Act, and was incompatible with EU habitat directives. Mr Justice Denis McDonald granted permission to challenge, admitted the case to the fast‑track strategic infrastructure list, and adjourned it to late April. The applicants seek an order quashing the permission and declarations of the board's failures.

2020-03-19 · Ireland

Bail sign-on conditions relaxed due to virus outbreak

The High Court has relaxed the requirement for people on bail to sign‑on at Garda stations amid the coronavirus outbreak. While the usual practice of daily or weekly visits to a local Garda station is being eased, other conditions such as keeping a mobile phone number active remain in force. Failure to answer the phone can lead to forfeiture of bail money. Det. Sgt. Jim Kirwan explained that bail‑holders may now avoid signing‑on provided they supply a contactable phone number. Mr Justice Donal Binchy confirmed that all other bail terms still apply and that the court is handling urgent matters only, postponing many extradition cases until travel restrictions ease. He noted that extradition orders are "almost unimplementable" under current conditions and will not issue surrender orders until the situation improves. The court has set a hearing for 24 April for a case involving a man wanted in the UK for rape, attempted rape and indecent assault.

2020-03-19 · Dublin

Environmental group challenges major housing development

The High Court has granted permission for John Conway and the Louth Environmental Group to challenge An Bord Pleanála's decision to grant planning permission for a 657-apartment development in Raheny, Dublin. The applicants, represented by Stephen Dodd SC, claim the board erred in law by failing to conduct an appropriate assessment under EU habitats and birds directives, specifically regarding impacts on curlews, oystercatchers, and light-bellied Brent geese. They further allege the development contravenes the Dublin City Development Plan regarding building heights and zoning. The proposed project, submitted by Crekav Trading GP Ltd under a fast-track process, consists of nine blocks ranging from five to nine storeys plus a creche, located east of St Paul's College. Crekav is a notice party to the proceedings. In their action, the applicants seek an order quashing the board's decision, declarations that the decision was unlawful and did not constitute a strategic housing development, and findings that it acted contrary to EU Directives. Mr Justice Denis McDonald, who handles fast-track challenges for strategic infrastructure, was satisfied to grant the application on an ex-parte basis. After making certain directions in the action, the judge adjourned the matter to a date in late April.

2020-03-18 · Meath

Christmas Day house fire accused gets High Court bail

David Prescott, 35, was granted High Court bail after a prior bail revocation for failing to comply with conditions related to a house fire in Navan. He faces one burglary charge and three criminal damage charges at the Beechmount estate. The court noted he did not respond to the damage charges but said "I don't agree" to the burglary charge. His earlier bail, granted on 16 January, was revoked two weeks later because he did not keep his mobile phone on at all times, a condition the Gardaí could not verify. Justice Mary Rose Gearty ordered his release on a €1,000 bond, requiring him to reside at an address on Gardiner Street, Dublin, keep his phone on, sign in daily, and remain out of Meath except for court appearances. The case was one of 35 bail applications heard that day.

2020-03-18 · Ireland

Child with complex medical needs sues seeking housing transfer

A High Court challenge was brought by a mother on behalf of her six‑year‑old daughter, who is confined to a wheelchair and has severe, complex medical needs. The child has lived in several properties with local authority support, but none have been suitable. Since 2017 the mother and daughter have remained at a current address that cannot be adapted to meet the girl's needs, despite the mother spending €10,000 improving the property. The council told them in 2018 it was looking for alternative accommodation, yet the family remains there. The girl suffers a rare condition that leaves her profoundly disabled, with minimal head control, low muscle tone, a severe learning disability, a history of epileptic seizures, and requires feeding by PEG and extensive medication. She is at risk from Covid‑19 and has been self‑isolating with her mother since early March.

2020-03-16 · Dublin

Development firms challenge DCC's new basement policy

Two development companies, Ingaro Limited and May Property Holdings Limited, have taken the High Court to challenge a new basement policy introduced by Dublin City Council (DCC). The firms argue that the policy, which requires a 0.5‑metre clearance between the site boundary and the outer extent of any proposed basement, could reduce the floor area of their projects by 10 % to 14 %. They claim DCC failed to vary its 2016‑2022 Development Plan, did not identify the legislative power used, and did not conduct public consultation or provide adequate reasons for the policy. Represented by Jarlath Fitzsimons SC, the companies allege that DCC acted unlawfully and irrationally, breaching their rights. They seek orders to quash DCC's decision, a declaration of legal error, and a stay on the policy's application to their planning applications. Mr Justice Charles Meenan granted permission on an ex‑parte basis and allowed a stay pending further proceedings, which were adjourned to late May.

2020-03-16 · Cork

Garda challenges dismissal from force for 'discreditable conduct'

Diarmuid Keane, a Garda based in County Cork, has filed a High Court challenge against the Garda Commissioner's decision to dismiss him from the force over alleged "discreditable conduct". The conduct in question relates to events that allegedly occurred at Mallow on 15 April 2017. After an internal disciplinary process, Keane admitted to four counts of discreditable conduct contrary to Garda Disciplinary Regulations. A three‑person board of inquiry recommended a fine of a week's wages, but the Commissioner chose to impose a dismissal instead, citing the need to maintain public confidence and protect the Gardaí's reputation. Keane's counsel, Kieran Kelly SC, argued that the Commissioner's decision was not in line with the appeal board's recommendation of a reprimand and a nine‑week pay deduction, and that the dismissal violated natural and constitutional justice.

2020-03-16 · Louth

'Hopefully the world will be a different place then': judge as case is adjourned

In a Special Criminal Court hearing, Mr Justice Tony Hunt remanded Thomas McGuinness, 33, on bail until 25 May after McGuinness was unable to attend the hearing due to ill health. McGuinness is charged with falsely imprisoning, assaulting and robbing Edward McAndrew at a Co Louth farmhouse on 2 December 2017, and with demanding £50,000 from McAndrew. The charges include detaining McAndrew without consent, assault causing harm, theft of car keys, money, travel bag, wallet, briefcase, two mobile phones and an Irish passport, and making an unwarranted demand with menaces. Two other men, William Twomey, 56, and Anthony Finglas, 49, are also charged with the same offences. Twomey was granted bail on 25 February, while Finglas' bail application was denied. Mr Justice Hunt expressed hope that the world would be a different place by the end of May.

2020-03-13 · Monaghan

Businessman faces further spell in prison for alleged contempt

A High Court judge has directed that a Monaghan businessman be arrested and brought before the court over allegations he has breached orders restraining him from two properties in the county town. Mr Justice Senan Allen ruled that Fergal Deery of Drumhillock should be taken into custody by gardaí to answer alleged contempt of court. Wardglade Limited, which acquired the premises in 2015 following a receiver's sale, claimed Mr Deery breached High Court orders made that year prohibiting him from trespassing or interfering with the properties. The company alleged further breaches occurred in September and December 2019, when Mr Deery allegedly entered the properties without consent. Wardglade also claimed a campaign of intimidation against its director Ciaran Marron and others, including threats made on social media referencing Mr Marron's family. Mr Deery, who disputes the 2015 sale as fraudulent, was previously imprisoned for two weeks in July 2019 for contempt but was released after undertaking to comply with the orders.

2020-03-12 · Carlow

Sean Dunne ordered to provide home address

In a High Court hearing on 12 March 2020, Mr Sean Dunne, a developer and businessman from Co Carlow, was ordered by Ms Justice Teresa Pilkington to provide his current home address to the Official Assignee, Mr Chris Lehane, by 1 pm on Friday. The order followed an allegation that Mr Dunne had failed to comply with a 2018 court order directing him to pay €7,000 monthly to increase assets available to creditors. The 2018 order, issued by Ms Justice Caroline Costello, extended Mr Dunne's bankruptcy and set the payment period from 25 September 2018 to 25 May 2021. Mr Lehane's lawyers sought a motion for Mr Dunne to appear before the court to answer alleged contempt. Mr Dunne's former lawyers, who had ceased representation earlier that week, had given an undertaking to provide the address but had not done so.

2020-03-12 · Dublin

Protest over social housing scheme has ended, High Court hears

The High Court heard that a protest halting work on a social housing scheme in Mullhuddart, Dublin 15, has ended. K&J Townmore Construction Ltd, contracted by Cluid Housing Association to build 65 units at Ladyswell Road, had brought proceedings against protesters it claimed had unlawfully blockaded the site since mid-January. The action was taken against Alice Woods, the only identified protester, and Local People, who were applicants in the matter. Gary McCarthy SC, representing Townmore, stated the proceedings were resolved following discussions. Ms Woods consented to orders prohibiting her and any person with knowledge of the order from trespassing at or interfering with access to the site. However, her lawyers stated she did not accept Townmore's claim that she was the ringleader. Townmore alleged the protesters, who used placards such as "Local Houses for Local People," physically obstructed vehicles, causing over €1.5m in costs and reputational damage. Ms Justice Leonie Reynolds welcomed the end of the protest and Ms Woods's consent to the orders. She warned the court would take a "very serious view" of any breach. The judge also expressed serious concerns regarding the participation of school children during school hours and noted "serious health and safety issues" arising from the obstruction of heavy vehicles.

2020-03-12 · Sligo

Coronavirus: Trials should be completed where possible, President instructs

At the Central Criminal Court, Ms Justice Eileen Creedon instructed a jury on 12 March 2020 to return on Wednesday to conclude closing speeches in the trial of Rafal Karaczyn, aged 34, of Crozon Park, Sligo. The judge relayed directions from the President of the High Court that existing trials should be completed where possible amid emerging public health concerns. Mr Karaczyn has pleaded not guilty to murder but guilty to manslaughter in relation to the death of his wife at their Sligo home between 29 April and 1 May 2018. The jury of seven women and five men was informed that closing arguments, the judicial charge, and their deliberations remained outstanding. The court indicated the registrar would remain available to assist jurors between the adjournment and the scheduled resumption.

2020-03-10 · Wicklow

Russborough Estate row puts festival at risk, High Court told

The High Court has heard that a dispute between the Alfred Beit Foundation and local farmer David Egar has placed the Kaleidoscope Music and Arts Festival, scheduled for next June, at risk. The foundation, a charitable trust established by the late Sir Alfred and Lady Clementine Beit, owns the Russborough Estate in Co Wicklow. Mr Egar, who has farmed over 100 acres of the estate for 40 years, claims he holds tenant rights and seeks a 35-year commercial lease, damages, and an injunction against the foundation. He alleges that new restrictions proposed by the trustees will diminish his interests and push him out. Conversely, the foundation disputes these claims, asserting that Mr Egar only holds annual 11-month licences requiring him to vacate the land each February. It characterises his action as an abuse of process and claims he is unwilling to accept lease terms. In separate proceedings, the foundation seeks damages and an injunction to prevent Mr Egar from trespassing or interfering with the festival. It alleges that Mr Egar has ceased cooperation, refusing consent for the use of estate lands and adjoining farmed lands required for the event, thereby preventing the organisers from obtaining a necessary event licence from Wicklow County Council. The matter was briefly mentioned before Ms Justice Leonie Reynolds on Tuesday. The judge adjourned the actions and made the proceedings returnable to a date later this month.

2020-03-10 · Dublin

Builders want injunction against protestors seeking houses for locals

High Court proceedings have been initiated by K&J Townmore Construction Ltd against protesters allegedly obstructing the completion of a social housing scheme in West Dublin. The company, contracted by Cluid Housing Association to build 65 social houses and apartments at Ladyswell Road, Mulhuddart, Dublin 15, claims that protesters have physically blocked access to the site since mid-January, impacting its ability to meet contractual obligations and damaging its reputation. The protesters, who assert they want some houses allocated to local people, have set up a tent outside the site and used placards with messages such as 'Local Houses for Local People' and 'More Social Housing for the Irish'. Townmore's counsel, Gary McCarthy SC, stated that the dispute is between Cluid and the residents, with the company being 'caught in the middle'. The firm claims the protests have caused over €1.5m in costs, with some subcontractors leaving and parts of the buildings degrading due to exposure. The application for an injunction is against Ms Alice Woods, alleged leader and spokesperson for the protesters. The matter was adjourned by Ms Justice Leonie Reynolds, who expressed concern over the involvement of school-age children in the protest and noted that if they are being 'used as pawns', other agencies may need to be involved. The case is scheduled to be heard later this week.

2020-03-10 · Roscommon

Judge orders arrest of siblings in Strokestown eviction case

Ms Justice Leonie Reynolds has directed gardai to arrest three siblings at the centre of a protracted property dispute in Co Roscommon and bring them before the High Court. Michael Anthony, David and Geraldine McGann face allegations of contempt of court arising from their alleged failure to vacate their family home at Falsk, near Strokestown, following a KBC bank possession order. The judge indicated she was satisfied the McGanns were fully aware of the bank's application and the potential consequences of non-compliance. An injunction granted last October required the family to leave by noon on 12 November, an order the judge noted had not been obeyed. The McGanns, absent from proceedings and unrepresented, had previously been advised of the bank's application. Ms Justice Reynolds adjourned the matter to April. The case stems from a December 2018 eviction that attracted national attention when the property was retaken by masked individuals. The McGanns have remained on the property since.

2020-03-09 · Mayo

Woman went bankrupt and lost family home after BOI overcharging

A woman who lost her family home in County Mayo and was subsequently adjudicated bankrupt has sought to have that bankruptcy annulled following a Bank of Ireland overcharging scandal. The High Court heard that Deirdre Dennis was charged more than twice the correct amount on her mortgage repayments between June 2012 and December 2017. Ms Dennis, who resided at Seaview Terrace, Killala, petitioned for bankruptcy in October 2017, believing she owed approximately €171,000 to the bank. Following a tracker mortgage examination in February 2019, Bank of Ireland acknowledged it had failed to provide Ms Dennis with a tracker mortgage to which she was entitled, apologised unreservedly, and withdrew its bankruptcy claim of €115,000. The bank accepted that its failure contributed to Ms Dennis losing her home. Ms Dennis now rents in Ballina and contends she would not have sought bankruptcy had she possessed complete information from the bank in October 2017. Ms Justice Teresa Pilkington heard the annulment application on Monday.

2020-03-06 · Dublin

Male model arrested over alleged money laundering scheme

Mark Adams, a 40‑year‑old male model from Castleheath, Malahide, was arrested on a European Arrest Warrant and taken to the High Court. He is accused of acting as a cash courier in a money‑laundering scheme, having booked 500 international flights between 2014 and 2018 and allegedly transporting €180,000 in hand luggage from Northern Ireland to the Republic of Ireland. Northern Irish authorities claim he concealed the money and attempted to remove it from Northern Ireland on 9 May 2018, knowing or suspecting it to be proceeds of crime. He is also charged with arranging the removal of criminal property from Northern Ireland between 13 May 2013 and 10 May 2018, facilitating its retention or use by unknown persons. He was remanded in custody until 12 March, with a bail application expected and an extradition hearing scheduled for 25 March. The case is currently before the High Court.

2020-03-05 · Dublin

Human rights lawyer's action against Google may not need formal orders

In March 2020 a High Court case was adjourned generally after a German human‑rights lawyer, Mark Somos, sought orders against Google Ireland Ltd. He alleged that parties based in the Middle East, specifically Qatari actors, had attempted to hack his private Gmail account in December 2019 and January 2020. Somos requested that Google disclose the identities of those who unlawfully accessed his account and the devices used, but was told that such information could only be provided if the courts issued an order. The case was brought in Ireland because Google's Dublin facility serves as its European, African and Middle East headquarters. Niall Buckley BL represented Somos and informed Justice Leonie Reynolds that the matter could be resolved without formal orders, leading the judge to adjourn the case generally. Somos claims the hacking attempts are linked to his representation of victims of human‑rights abuses by Qatar and that they have caused him considerable distress.

2020-03-04 · Monaghan

Cattle shot for public safety and disease prevention reasons, High Court hears

Five cattle were shot on a Carrickmacross farm in July 2016 by members of the defence forces for public safety and disease prevention purposes, the High Court heard on Wednesday. Bankruptcy trustee Chris Lehane told the court that the animals were culled as a last resort after tuberculosis was detected in the herd and cattle had been found straying on public roads. Security concerns and the difficulty of containing the animals in challenging field conditions also factored in the decision, he said. The cattle belonged to the estate of John Hoey, who was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. Mr Hoey opposes an application by Mr Lehane to extend his bankruptcy by up to ten years, claiming he has cooperated with the process. Justice Teresa Pilkington reserved her decision on the extension application.

2020-03-04 · Ireland

Janet Jackson's ex sues Facebook over fake ads

A UK-based Qatari businessman, Mr Wissam Al Mana, has initiated High Court proceedings in Ireland against Facebook Ireland Ltd and unknown parties responsible for alleged fake advertisements featuring his name and image. The applicant, who is the Executive Director of the Al Mana Group, claims that since May 2019, fake ads using the Facebook Ads Tool have appeared, which he alleges are defamatory and contain malicious falsehood. These ads, he says, direct users to a webpage with a fake news story purporting to be an exclusive interview with him, promoting a cryptocurrency auto-trading program called Bitcoin Trader. Mr Al Mana asserts that the ads are targeted and that the content includes false statements attributed to him. The case was briefly mentioned before Ms Justice Leonie Reynolds, with the court agreeing to adjourn the matter for a week to allow discussions between the applicant's legal team and Facebook's representatives. The applicant's lawyers are seeking an order requiring Facebook to disclose information to identify the unknown advertisers. The procedural stage is hearing_or_decision.

2020-03-02 · Sligo

'Debt for equity' swaps can't be approved without creditor's consent, judge finds

The High Court has ruled that debt-for-equity swaps cannot be approved within personal insolvency arrangements without the explicit consent of the relevant secured creditor. Mr Justice Denis McDonald delivered the judgment in dismissing an appeal brought by a Sligo woman against a Circuit Court refusal to approve her Personal Insolvency Arrangement. The applicant had proposed offering her bank over 43 per cent equity in her family home as part of a debt restructuring proposal, which the bank rejected. The judge found no provisions within the 2012 to 2015 Personal Insolvency Acts permit court approval of such swaps without creditor consent. The case is considered significant within personal insolvency law, with approximately 100 similar cases pending before the courts. Mr Justice McDonald indicated that legislative amendments would be required if arrangements of this nature are to proceed without creditor agreement, stating such changes are a matter for the Oireachtas.

2020-02-28 · Dublin

Postal worker sues over attempted Tiger Kidnapping

In February 2020, Susan Byrne, a former post office clerk at Balbriggan sub‑post office, filed a High Court damages action against An Post and the postmaster, Mr Paul Hannon, alleging negligence after an attempted tiger kidnapping on 4 October 2011. The incident involved three masked armed raiders who tied up Byrne and her husband, forcing Byrne to fill bags with money at the post office. Byrne claims she was not warned of the risks of tiger kidnappings, nor given proper training or guidance on operating the sub‑post office, and that staff were not informed of preventative measures. The post office denied the claims. On 28 February 2020, Mr Justice Mark Sanfey ruled on a pre‑trial issue regarding discovery of documents. Byrne sought the Postmasters Manual and the 2006 An Post Retail Sub‑Offices Procedures Handbook.

2020-02-28 · Galway

Receiver to get possession of property where man living rent free

In a High Court case in Galway, a fund‑appointed receiver, Luke Charleton, obtained an injunction for vacant possession of The Coach House, Barna Demesne, Barna Road, where Mr Cormac Cleary had allegedly lived rent‑free for about three years. Mr Cleary denied the claim, asserting he had a valid tenancy with the property's owner, Mr John Hughes. The receiver, representing Promontoria Aran, argued that Mr Cleary had no entitlement to occupy the premises and that no lease existed. Mr Hughes, in a sworn statement, denied entering into any agreement with Mr Cleary regarding the Coach House. Judge Mark Sanfey, satisfied with the receiver's case and noting a lack of documentary evidence supporting Mr Cleary's tenancy claim, granted the injunction. The order remains pending until the final outcome of the action, with the matter adjourned for two weeks to allow the parties to consider the decision.

2020-02-27 · Dublin

15 people must leave south Dublin house by March 20, court orders

The High Court has ordered that up to fifteen occupants of a four‑bedroom house in Avoca Park, Blackrock, must vacate the premises by 20 March. The injunction, granted to Everyday Finance DAC and receivers Stephen Tennant and Nicholas O'Dwyer, gives them possession of the property. The order applies to Paul White, his wife Jane Gleeson and other unnamed occupants who are appealing the decision. The court also suspended any sale of the house until the dispute is resolved and required a timetable for the full hearing. The receivers, appointed in 2017, seek vacant possession as the property is subject to a mortgage secured by loans from AIB, now owed at €3 million. The defendants, who claim the receivers were not properly appointed, intend to appeal to the Court of Appeal. All keys and alarm codes must be handed over by the deadline.

2020-02-25 · Limerick

Former prisoner claims slopping-out deprived her of human dignity

In the High Court, Susan McGovern, a former prisoner at Limerick Women's Prison, brought a damages claim against the Irish Prison Service, the Minister for Justice, Ireland, the Attorney General, and the Governor of Limerick Prison. McGovern alleges that the slopping-out regime imposed on her between 2000 and 2003, and again from April 2012 to May 2013, constituted degrading treatment that breached her constitutional and European Convention on Human Rights. She claims that sleeping on mattresses in overcrowded, unhygienic cells without toilets, and using a shared bucket in plain view of cellmates, deprived her of human dignity and affected her physical and mental health. The State parties deny these allegations and argue the claim is statute-barred. Counsel for the State suggested the case be referred to a State redress board, following a Supreme Court ruling that awarded damages to former prisoner Gary Simpson for similar conditions. Ms Justice Leonie Reynolds directed the State parties to file a defence within 12 weeks and adjourned the action. Separately, a claim by Christopher Coakley regarding his detention at Mountjoy Prison in 2011 and 2012 was mentioned before the Master of the High Court. Coakley alleged he was forced to defecate into a pot or bag in the presence of cellmates. Although an application to remit the claim to the Circuit Court was pending, the Master was informed that the matter had been resolved between the parties.

2020-02-25 · Cork

Siblings settle claim against wind-farm operator for €225k

Valentine Kelleher, acting as applicant for his children Laura, David, and Jack, reached a €225,000 settlement with Green Energy Supply Ltd and director Michael Murnane regarding High Court damages claims. The siblings alleged that noise, vibrations, and shadow flicker from the Knockduff Wind Farm in Co Cork caused illnesses, forcing the family to abandon their home in Donoughmore in late 2016. The defendants denied all allegations of negligence or nuisance, maintaining the wind farm was operated lawfully. Ms Justice Leonie Reynolds approved the settlement, which was reached via mediation without admission of liability. The medical evidence supporting the claim was fully contested. Laura received €125,000, while David and Jack each received €50,000. The judge described the offer as good given the disputed medical reports. Other separate but related claims brought by family members for alleged nuisance remain outstanding. Those cases were adjourned to a date in March.

2020-02-24 · Ireland

Nurse struck off for stealing money from patients

In a High Court hearing, a psychiatric nurse who had worked for nearly two decades was struck off the nursing register after it was found that between 2012 and 2014 she stole money from the bank accounts of four mental health service users. The nurse withdrew amounts ranging from about €100 to €900 without the patients' consent and kept the money for her own benefit. An investigation by the Nursing and Midwifery Board of Ireland's Fitness to Practice Committee concluded that she had committed professional misconduct and violated the Board's code of conduct. Although the nurse expressed insight, regret and remorse, repaid the money, and was not publicly named, the High Court President, Mr Justice Peter Kelly, cancelled her registration, citing a breach of the enormous trust placed in nursing professionals. The unnamed woman was found guilty.

2020-02-24 · Dublin

Judge questions defence of provocation in murder cases where only 'words' were used

Mark Tims, 46, was sentenced at the Central Criminal Court following a jury verdict that found him not guilty of murder but guilty of manslaughter for the killing of his father, Anthony 'Tony' Tims, at their home in Clondalkin, Dublin 22, on July 13, 2018. Tims had pleaded guilty to manslaughter and not guilty to murder, a plea initially rejected by the DPP before the trial. During the sentencing hearing, Mr Justice Tony Hunt questioned the validity of the provocation defence, which the jury accepted based on the deceased's verbal abuse, noting that Tims recovered his composure quickly and acted callously by purchasing alcohol and removing his SIM card. The judge highlighted that Tims was free to leave the shared residence. Prosecution counsel Michael Delaney SC argued the offence fell in the medium range of culpability, while defence counsel Vincent Heneghan SC agreed with this assessment, citing a comparable seven-year sentence in another case. The court heard evidence of Tims's remorse, low intelligence, and previous minor convictions, including a 2009 assault fine. Impact statements from the deceased's sister and partner were read. Mr Justice Hunt reserved his decision, and the matter was adjourned until March 16 for the imposition of sentence.

2020-02-24 · Cork

Extradition case against Ian Bailey to be heard in summer

In early May, a High Court hearing will consider the French request to extradite Ian Bailey to France, where he faces a 25‑year prison sentence for the murder of filmmaker Sophie Toscan du Plantier. The case is the third French attempt to secure Bailey's surrender. Bailey, 63, lives in Schull, Cork, and was convicted in absentia by a Paris court last year, receiving the 25‑year sentence. He denies any involvement, did not attend the French proceedings, and has described them as a "farce." Lawyers for the Irish Minister for Justice have received a voluminous affidavit from Bailey's solicitor, Frank Buttimer, and will need time to review it. Judge Donald Binchy set a provisional hearing date of 5 May, expected to last three days, and has remanded Bailey on continuing bail until then. The hearing will be mentioned on 30 March, but Bailey need not attend that day.

2020-02-21 · Ireland

Group to sue over circulation of image of their photos on garda briefing board

More than 25 people plan to sue over the circulation of images containing their names and photographs that were posted on a Garda notice board. The images were taken in March 2019 by a contractor believed to work for the Gardai, who had access to a room at Kilmainham Garda Station that held briefing bulletins. One bulletin displayed photographs, names and addresses of the applicants, describing them as active criminals from Ballyfermot/Labre Park or from Kilmainham and Inchicore. The applicants claim they have no convictions or only minor ones, and that they were photographed alongside notorious criminals, an Islamic extremist and a convicted sex offender. They allege breach of privacy and the Data Protection Act and intend to bring defamation and damages actions against the Garda Commissioner and the contractor. Applications were filed before Ms Justice Leonie Reynolds at the High Court.

2020-02-21 · Ireland

Emergency order secured for woman living in 'truly awful' squalor

The High Court, presided over by Mr Justice Peter Kelly, granted the HSE an emergency order to detain a woman in hospital and provide essential treatment. The woman, in her sixties, had been living in "truly awful" and "dire" conditions, with her feet infected and gangrenous, and her home infested with flies, maggots, litter and urine. She had been admitted earlier in the month and was uncooperative, raising concerns that she might leave the facility. The judge noted possible cognitive issues and lack of capacity to decide for herself. The order allows the HSE to detain her in the current hospital or any other hospital where she receives treatment, and gives her treating physicians authority to administer necessary care. It also authorises Gardai to detain her if she absconds, and appoints an independent medical visitor and a guardian ad litem. The case will be heard next week.