Court archive

High Court

2020-02-20 · Dublin

Judge asks if injunction being sought to 'facilitate a dog'

In a High Court hearing on 20 February 2020, Ms Justice Leonie Reynolds questioned whether the injunction sought by Belwall Limited was intended to "facilitate a dog". Belwall, part of the Townmore Group, alleged that Mr Darren Cummins, who had purchased the property for €2.4 million, was repeatedly trespassing after the sale closed. Cummins reportedly told an agent that he would "have to do things his way" because his calls to Townmore were not returned, and an associate shouted at the agent to "tell him to transfer the rest of the money". A sign reading "private property keep out", a padlock and chains were installed, and an agent discovered a dog inside the house. Belwall claimed the dog was being cared for by Cummins and sought orders to allow safe removal of the animal, to prevent any animals or vehicles from being placed on the property, and to compel Cummins to deliver up vacant possession.

2020-02-20 · Dublin

Court upholds decision to deport convicted drug dealer

Shaeed Adeola Ishola, a 44‑year‑old convicted drug dealer, lost a High Court challenge to a deportation order. He was jailed in 2012 for seven years after pleading guilty to possession of drugs for sale or supply, following the discovery of €1.4 million worth of cocaine in a fake diplomatic bag at Dublin Airport. Released in 2016 after enhanced remission, he had lived in Ireland without incident. In August 2019 the Minister for Justice ordered his deportation, citing the seriousness of the offence and a fraud conviction in the UK. Ishola and his family argued the decision was delayed, disproportionate, irrational and breached their constitutional and privacy rights under the European Convention of Human Rights. The Minister's lawyers said all relevant information had been considered. Mr Justice Max Barrett upheld the Minister's decision, rejecting the application and finding no breach of rights, and declined to set aside the deportation order.

2020-02-20 · Ireland

Delaney joined as notice party to ODCE application

Former FAI CEO John Delaney has been joined as a notice party to proceedings brought by the Office of the Director of Corporate Enforcement (ODCE) concerning materials seized from the FAI's offices. The ODCE applied to the High Court to determine if the seized documents are legally privileged, which would prevent their use in its ongoing investigation into certain matters concerning the FAI. The application was heard before Ms Justice Leonie Reynolds, who was informed by Jack Tchrakian BL that Mr Delaney wished to be joined as a notice party. The judge had previously suggested this step after being told the documents might raise private issues regarding Mr Delaney. Kerida Naidoo SC and Elva Duffy BL for the ODCE, and Brian Gageby BL for the FAI, stated their clients had no objection to Mr Delaney's inclusion. The judge adjourned the matter to a date next month. Mr Delaney, who previously served as CEO and Executive Vice President, left the FAI last September. The ODCE's application, made under the 2014 Companies Act, follows a search warrant executed on February 14th. In a related ruling last year, the court found that specific passages in documents provided by the FAI and Deloitte Ireland LLP contained legally privileged material that could not be used in the investigation.

2020-02-18 · Dublin

Family of Seamus Ludlow appeal decision over commission of inquiry

The family of forestry worker Séamus Ludlow, murdered in 1976, has taken a new legal challenge to the State, seeking two commissions of inquiry into the Garda investigation of his killing. The request follows a 2006 Joint Oireachtas Committee recommendation that the State set up inquiries into the investigation, based on a report by retired High Court judge Henry Barron that described the murder as a "random, sectarian killing of a blameless Catholic civilian by loyalist extremists." No one has ever been charged, and the family argues the Garda failed to pursue key information from the RUC, citing a three‑week suspension of the investigation and alleged "orders from Dublin." The High Court, in a decision by Justice Mary Faherty, refused to order the commissions, stating the courts cannot compel the executive to establish them. Mr Thomas Fox, the nephew, has appealed to the Court of Appeal, where the judgment is reserved.

2020-02-17 · Ireland

ODCE wants High Court to rule if Delaney documents are privileged

The Office of the Director of Corporate Enforcement (ODCE) has applied to the High Court to decide whether documents seized from the Football Association of Ireland (FAI) under a search warrant are legally privileged. The seized papers relate to former FAI chief executive John Delaney. Elva Duffy, counsel for the ODCE, filed the application under sections of the 2014 Companies Act on an ex‑parte basis. The High Court judge, who noted that the documents might contain private matters concerning Mr Delaney, adjourned the case to later in the week and suggested that Mr Delaney be made a notice party. The decision will determine if the documents can be used in the ODCE's ongoing investigation into the FAI. The matter follows earlier rulings by Justice Leonie Reynolds, who found that extracts from FAI documents and those provided by Deloitte Ireland were protected by professional legal privilege and must be redacted from the investigation.

2020-02-14 · Roscommon

Strokestown eviction family face jail as bank takes action

KBC bank has moved to seek committal orders against three siblings from near Strokestown, County Roscommon, over alleged non-compliance with a High Court direction to vacate their family farm. The High Court heard on Friday that Michael Anthony, David and Geraldine McGann have not left the property at Falsk despite an injunction granted in October requiring them to vacate by November 12th. Justice Leonie Reynolds adjourned the matter to early the following week after being informed that related proceedings concerning the removal of legal representation for David and Geraldine McGann are pending. The case stems from a December 2018 eviction executed following a possession order obtained by KBC years earlier. The borrower had fallen into arrears on a loan of approximately €431,000, with the last repayment recorded in February 2014. The McGanns have remained on the property since returning after that eviction.

2020-02-14 · Dublin

Men to be extradited for alleged attempted murder of PSNI officer

Two Dublin men are to be extradited to Northern Ireland to face charges of attempted murder of a Police Service of Northern Ireland officer and possession of explosive substances with intent to endanger life. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, were arrested in County Donegal in June following the discovery of an improvised explosive device at a PSNI officer's home. Mr Justice Donald Binchy of the High Court ruled that arguments against their extradition should be rejected. The judge declined to summarise his detailed judgement. The defence had raised concerns regarding interviews conducted at Milford and Letterkenny Garda Stations, but the Northern Irish authorities confirmed they would not seek adverse inferences at trial. Extradition orders were held pending a further court mention scheduled for 26 February.

2020-02-12 · Laois

Convicted man challenges inclusion on sex offender's register

John Keady, 45, who pleaded guilty to a sexual assault at the Heritage Hotel Killenard in December 2018, was sentenced to 10 months imprisonment, suspended in its entirety, and ordered to be placed on the sex‑offenders register for five years. He brought €5,000 to court as a token of remorse. Keady has now filed a High Court challenge, arguing that the notification requirements of the 2001 Sex Offenders Act do not apply because his sentence was wholly suspended and his victim was neither mentally impaired nor under 17. He claims the District Court lacked jurisdiction to order his inclusion on the register and seeks an order quashing that directive. The High Court granted permission ex‑parte, with the matter to be returned in April.

2020-02-12 · Louth

Court directs US businessman to provide sworn statement in hospital row

In a High Court case involving a dispute over shares in the Galway Clinic, a judge directed US‑based businessman and medical doctor Joseph Sheehan Senior to provide a sworn statement detailing the alleged sale of Blackrock Medical Partners Ltd (BMPL). The order was part of injunction proceedings brought by Marpole Ltd, BMD Investments Ltd and Parma Investments, who had secured a temporary injunction freezing BMPL's assets after the company allegedly owed them over €800,000 in legal fees. The three firms feared that funds received by BMPL from the sale of shares in the clinic might be dissipated. The judge, Ms Justice Teresa Pilkington, agreed to continue the freezing order, which prevents BMPL from transferring, dissipating or reducing its assets, and ordered Sheehan to swear an affidavit outlining the sale and the company's assets. The court also ordered BMPL to pay €800,000 on account, to be held until the legal fees are finalized.

2020-02-12 · Down

NI man to challenge extradition to UK over Essex migrant deaths

A Northern Irish man, Eamon Ronald Harrison, 23, has been granted leave to challenge his extradition to the UK, where he faces 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. The case stems from the discovery of 39 Vietnamese nationals dead in a refrigerated trailer in Essex in October 2019. Evidence shows the trailer's refrigeration unit was not powered, leading to oxygen starvation deaths, and bloody handprints were found inside. Harrison allegedly delivered the trailer to a Belgian port before its onward journey to Britain. The High Court, presided over by Mr Justice Donald Binchy, has ordered a stay on the extradition pending appeal. Harrison's legal team has requested an appeal, arguing the matter is of exceptional public importance, while the Minister for Justice contends the extradition should proceed without delay.

2020-02-11 · Dublin

No-show boss of collapsed charities firm on "gap year", counsel quips

In February 2020, lawyers for liquidator Myles Kirby of the collapsed charities firm Pembroke Dynamic sought to progress proceedings against businessman Peter Conlon, who had been absent from a scheduled inspection of documents. Conlon, previously convicted of embezzlement and serving time in Zurich, had been residing in the South of France and was now reportedly in Munich. The liquidator's counsel, Gerard Meehan, indicated that Conlon had not responded to discovery requests and was "currently on a gap year." Kirby had secured a High Court injunction freezing Conlon's assets, including bank accounts, valued at €3.8 million, and was seeking to hold Conlon personally liable for the company's debts. Conlon's solicitor, Robert Dore, confirmed his client's presence in Munich, his financial hardship, and his intention to attend the February 21 inspection. The court noted that if Conlon failed to attend, the matter would simply move on, with the case scheduled to return later that month.

2020-02-11 · Meath

Business gets injunction preventing landlord taking possession of premises

In a High Court ruling, Ms Justice Teresa Pilkington granted a permanent injunction to Fun2see Learning & Activity Centre Limited, preventing landlord Pargo Properties One Limited from re‑entering or taking possession of Unit 21, Ashbourne Retail Park, Co Meath. The injunction, originally granted in September, remains in force until the full hearing of the landlord‑tenant dispute. Fun2see, which employs 32 people, disputes a €1.48 million rent arrears claim issued by the landlord after a notice of forfeiture. Fun2see argues it has always paid a reduced rent of €1,500 per week, a figure it claims was agreed orally in May 2012 and has not increased since. The court noted that no agreement was reached on the arrears and that the injunction is appropriate pending the full hearing, which is scheduled for March. The injunction also bars the landlord from interfering with Fun2see's business operations.

2020-02-10 · Ireland

Priest seeks to halt trial for sex abuse at fee-paying school

In February 2020 a High Court case was filed by an elderly former priest and teacher, aged in his eighties, who is charged with gross indecency and indecent assault against a male pupil at a private fee‑paying school in the mid‑1970s. He claims he cannot receive a fair trial because of age‑related dementia and cognitive impairment, which would prevent him from properly defending himself. The alleged abuse is said to have taken place after the complainant was called to the accused's office on three separate occasions. The priest was first complained to Gardai in late 2016, but was not required to attend a Garda station until April 2018. He has brought judicial review proceedings against the Director of Public Prosecutions, seeking orders and declarations, including an order preventing his trial from proceeding.

2020-02-10 · Cork

State needs more time in Bailey extradition case

The High Court has been informed that lawyers for the Minister for Justice need time to consider Ian Bailey's objections to extradition to France for the murder of filmmaker Sophie Toscan du Plantier. This is the third attempt by French authorities to secure Bailey's surrender. The 62‑year‑old Englishman, who lives in Schull, Cork, was convicted in absentia by a Paris court last summer and sentenced to 25 years in prison. Bailey, who denies any involvement, was arrested under a European Arrest Warrant in December and has described the French proceedings as a "farce". His counsel, Ronan Munro SC, has submitted an affidavit raising factual matters, particularly concerning Bailey's health, which the Justice Minister's lawyers must review. Bailey remains on bail until February 24, when a hearing date is expected to be set.

2020-02-06 · Galway

Freezing order granted in legal fees row involving Galway Clinic shareholders

Three companies – Marpole Ltd, BMD Investments Ltd and Parma Investments – secured a temporary High Court injunction to freeze the assets of Blackrock Medical Partners Ltd (BMPL), a company controlled by US‑based doctor and businessman Joseph Sheehan Senior. The injunction was sought because BMPL allegedly owes the three firms over €800,000 in legal fees after a failed High Court action. BMPL had recently received several million euros from the sale of shares it held in Marpole Ltd to Parma, and the plaintiffs fear that these funds could be dissipated. The court, hearing the case ex‑parte, granted the freezing order, preventing BMPL from transferring, dissipating or reducing its assets, particularly the proceeds of the share sale, below €800,000. The order is returnable to a date next week. The injunction follows a prior judgment where BMPL's action to stop BMD from transferring its shares to Parma was dismissed and the three firms were awarded legal costs.

2020-02-06 · Tipperary

Action ends as Minister signs special order for Tipp ballot

A High Court action brought by independent Tipperary candidates Mattie McGrath and Joe Hannigan has been withdrawn following the Minister for Housing, Eoghan Murphy, signing a special order to allow the constituency's general election ballot to proceed on Saturday. The proceedings, which challenged the returning officer's decision to postpone the election under Section 62 of the 1992 Electoral Act, became moot after the Minister's intervention. The candidates had alleged that the postponement was unlawful and unconstitutional, arguing that a new poll could not occur within the constitutional 30-day limit expiring on February 13. The action was initiated after the death of candidate Marese Skehan prompted the returning officer to issue a countermand. During the hearing, counsel for the applicants sought legal costs, citing a lack of official confirmation regarding the election date prior to the proceedings. The State opposed this application, asserting the Minister's decision was independent of the court action. Justice Charles Meenan made no order as to costs, directing both sides to pay their own. The judge noted the Attorney General acted with expedition in reviewing the matter following the tragic death of Ms. Skehan. The case concluded with the withdrawal of the action, leaving the election to proceed as originally scheduled.

2020-02-05 · Tipperary

No official confirmation that Tipperary ballot will proceed, High Court told

Mattie McGrath, an Independent TD and candidate for the 2020 general election, has filed a High Court action to ensure the Tipperary constituency vote takes place on Saturday, 8 February. He argues that the returning officer, James Seymour, unlawfully countermanded the poll following the death of independent candidate Marese Skehan, thereby breaching the Constitution and the 1992 Electoral Act. McGrath contends that postponing the election would disenfranchise voters, disadvantage Independent candidates, and allow larger parties to concentrate resources in Tipperary. He claims a new poll could not be held within the constitutionally mandated 30‑day period, which would expire on 13 February. The case is pending, with the court adjourned to Thursday afternoon for further proceedings. The State, represented by Frank Callanan SC, seeks to adjourn the matter to consider its response. The High Court has not yet ruled on the legality of the countermand.

2020-02-04 · Down

NI man wanted over Essex tragedy alleged to have previously transported migrants

A High Court judgement in the UK found that Eamon Ronald Harrison, a 23‑year‑old from Mayobridge, Co Down, is wanted on 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the Modern Slavery Act. The case concerns the death of 39 Vietnamese migrants found in a sealed refrigeration unit in a lorry in Essex in October 2019. The unit was not powered on, and the temperature rose to 38.5°C before falling, with bloody hand prints discovered inside. Harrison is alleged to have driven the trailer to Zeebrugge on 22 October 2019, and to have transported migrants from Zeebrugge to Purfleet on 10‑11 and 17‑18 October 2019, using the same trailer. He was also stopped in France in May 2018 with 18 Vietnamese migrants in a trailer. The court remanded him in custody for a hearing on 10 am next Wednesday. The proceedings are ongoing.

2020-01-31 · Donegal

Judge "runs out of patience" with father and son over obstruction of windfarm

A High Court judge has warned a father and son from Muff, County Donegal, that they face imprisonment and seizure of machinery if they continue to obstruct access to a windfarm development at Glackmore. Ms Justice Leonie Reynolds expressed her impatience with Joseph McGonigle and his son Seosamh following allegations that they placed a tractor and mobile home on an alternative access route required for health and safety purposes. The plaintiffs, Storm Renewables Ltd, Michael Doherty, Enros Wind Farm Ltd, and Three Trees Wind Project Ltd, sought further court orders to remove the vehicles blocking the route to the construction site. The defendants claim ownership of the disputed lands and deny wrongdoing. Ms Justice Reynolds granted the requested orders, giving the McGonigles until Sunday afternoon to remove the obstruction, warning of potential incarceration for further breaches and contemplating orders for machinery seizure. She noted mounting legal costs in the ongoing dispute. The matter was adjourned for one week.

2020-01-31 · Dublin

"Until the UK is gone, it's in": judge says extradition application must be dealt with as before

The High Court has scheduled judgment for 12 February on extradition proceedings against two Dublin men sought by Northern Irish authorities for alleged attempted murder of a police officer and explosives offences. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face potential life sentences if convicted in Northern Ireland. Legal arguments arose concerning Brexit's implications for the European Arrest Warrant framework. Mr Justice Donald Binchy indicated the UK remained an EU member for extradition purposes pending formal withdrawal procedures. Defence counsel raised concerns about interviews conducted at Milford and Letterkenny garda stations, arguing Northern Ireland's adverse-inference rules presented constitutional difficulties. Northern Irish prosecutors confirmed they would not seek adverse inferences from the men's silence during questioning. The judge indicated this response appeared to address the defence submissions substantially, though reserved final determination pending the scheduled judgment delivery.

2020-01-29 · Dublin

Dog track protest row resolved

In a High Court case, an injunction that had limited protests outside Shelbourne Park greyhound track was lifted after settlement talks. The agreement, reached between the protesters and Shelbourne Park Greyhound Stadium Ltd, allows the protesters to continue peaceful demonstrations on Saturday evenings but under agreed conditions. The track operators will pay the protesters' legal costs and acknowledge the right of patrons and employees to attend events. The settlement also removes any insinuations that the protesters were involved with leaflets threatening residents, which are under Garda investigation. The injunction had barred the six named protesters and others from approaching within 50 metres of the track entrance and from obstructing access. The parties agreed to protocols, including keeping protests on a public path at least 3.5 metres from the entrance, limiting slogans to greyhound welfare, and deploying stewards in high‑visibility jackets.

2020-01-24 · Down

Court to order extradition over migrant deaths

Mr Justice Donald Binchy indicated he will order the extradition of Eamon Harrison, a 23-year-old from Mayobridge, Co Down, to the UK to face 39 counts of manslaughter, conspiracy to assist unlawful immigration, and conspiracy to commit human trafficking. These charges relate to the discovery of 39 dead Vietnamese nationals in a lorry trailer in Essex. The judge stated that submissions from both Harrison's legal team and the Department of Justice did not preclude surrender, noting the circumstances meet legal requirements. Although the judge signaled his decision, he deferred making the formal order until Tuesday, February 4th, 2020, at 10am, adjourning the matter to that date. Harrison's counsel requested the delay to allow time to consider an appeal, noting Harrison is already in custody. The Minister for Justice's counsel urged finalisation as soon as possible. It is alleged that Harrison transported the refrigerated trailer, which was later collected in Essex by Maurice Robinson, a 25-year-old from Craigavon, Co Armagh, who was arrested at the scene. Harrison, a dual Irish-British citizen, was arrested in Ireland under a European Arrest Warrant. While the prosecution alleged Harrison was integrally involved in trafficking, his defense argued there were critical missing facts regarding who placed the victims in the trailer.

2020-01-23 · Ireland

Environmental group launches challenge to industrial peat extraction

The Friends of the Irish Environment has launched a High Court challenge against the Environment Protection Agency (EPA) regarding its decision to accept an application for an integrated Pollution Control licence. The applicant seeks to quash the EPA's October decision to accept the application submitted by Harte Peat Ltd, which is a notice party in the proceedings. Harte Peat Ltd is seeking a licence for ongoing industrial peat extraction at Finea in County Westmeath. The NGO alleges that the EPA's acceptance of the application was contrary to various sections of the 1992 EPA Act and constitutes an error in law. The challenge further asserts that the decision violates the European Union's Habitats Directive and the directive on Environmental Impact Assessments. The NGO claims the proposed extraction covers an area exceeding 30 hectares and that the EPA relied on regulations previously set aside by the High Court. In a landmark judgment last September, Mr Justice Garrett Simons ruled that peat cannot be extracted from areas larger than 30 hectares without planning permission, finding the relevant regulations inconsistent with EU environmental laws. The NGO seeks orders compelling the EPA to cease processing the application and a declaration that the EPA acted contrary to the 1992 EPA Act by accepting the application without planning permission. Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Charles Meenan. The matter was adjourned and will return before the court in two months.

2020-01-21 · Dublin

Basketball club resolves action

St Vincent's Basketball Club in Dublin secured a temporary High Court injunction that halted a 30‑day suspension imposed by the Dublin Men's Basketball Board (DMBB) on its activities and teams, including underage squads. The injunction was granted ex‑parte by Ms Justice Leonie Reynolds. The suspension, which was to begin on 13 January, was linked to the club's registration of several adult players. When the case returned to the High Court, Anthony Thuillier BL for the club said the parties had reached a resolution and the case could be struck out. The judge welcomed the settlement, though no details were disclosed. The club claimed the suspension was "draconian," breached fair procedures and Basketball Ireland's rules, and would harm its 100 players across 11 teams. The suspension has been lifted pending the outcome of an appeal against the DMBB's decision.

2020-01-20 · Louth

Drogheda man appears before High Court after arrest

Paul Crosby, 24, of Rathmullen Park, Drogheda, was released on bail by the High Court on 24 May last year after being charged with possession of a stolen silver Yamaha motorcycle on 21 November 2019 and possession of a stolen Volkswagen Polo on 10 May 2019, as well as arson for setting the Polo on fire at Yellowbatter Drogheda on the same day. Since his release, Garda Donal Clarke reported several alleged breaches of his bail conditions. On 16 January, a warrant was issued for his arrest, and he was taken into custody at Beechwood Drive, Drogheda, at 19:01 on Sunday. The warrant was executed at the Central Criminal Court, where Justice Michael White remanded him to Cloverhill. Crosby's solicitor, Lily Buckley BL, expressed that her client was anxious to address the court himself and wished to give evidence regarding the context of the matters.

2020-01-20 · Cork

Ian Bailey's lawyers to focus on "fundamental rights" in extradition fight

In a High Court hearing scheduled for February 10, 2020, lawyers for Ian Bailey will argue that the proposed extradition to France for the murder of Sophie Toscan du Plantier violates his fundamental rights. Bailey, 62, was convicted in absentia by a Paris court and sentenced to 25 years' imprisonment. He denies any involvement in the death of the French filmmaker, whose body was found beaten outside her holiday home in Schull in 1996. Bailey's counsel, Ronan Munro SC, will reference the two prior extradition attempts, which were dismissed by Irish courts, including a 2017 ruling that the case was an abuse of process. The Supreme Court's 2012 refusal to extradite Bailey was based on the offence occurring outside French territory and Irish law's prohibition of double prosecution for the same offence abroad. The court has remanded Bailey on continuing bail and adjourned the case for three weeks.

2020-01-17 · Dublin

Oil exploration firm granted injunction against investors

Petrel Resources Plc secured a temporary High Court injunction to stop certain investors from selling newly issued shares. The firm claimed it had a long‑term investment agreement with several fossil‑fuel experts, including a 'locked‑in' clause preventing sales until August 2020. Petrel discovered unlawful trading of its shares and sought information on the trades, which it said breached regulatory rules. The injunction, granted ex‑parte by Justice Leoine Reynolds, bars the defendants—UAE‑based Roger Edward Tamraz, Michel Fayad, and Said Mehraik, all residing in France—and any party with knowledge of the order from selling or transferring any newly issued shares. It also requires Chase Nominees Ltd to remain the registered owner of the shares and prohibits any change to that registration. The order is returnable in a week. Petrel's counsel argued that the alleged breaches could seriously damage the company's reputation and business.

2020-01-17 · Limerick

"Progress made" in discussions between Limerick FC and FAI

In a High Court hearing on 17 January 2020, Limerick Football Club (LFC) continued to pursue legal action against the Football Association of Ireland (FAI) over its alleged exclusion from the League of Ireland First Division. LFC, represented by Frank Callanan SC, argued that the FAI is required by its own rules to invite the club to apply for a licence, but has refused to do so, effectively barring LFC from competing in the 2020 season. The club also contended that the FAI allowed Shamrock Rovers B to enter the division, a move opposed by other clubs. LFC sought injunctions to compel the FAI to permit licence applications, prevent exclusion, and protect club assets, including its underage academy. The judge, acknowledging progress in negotiations, adjourned the matter to Monday's sitting to facilitate ongoing discussions.

2020-01-16 · Limerick

Talks ongoing between Limerick FC and FAI

In a High Court hearing on 16 January 2020, Limerick FC's legal action against the Football Association of Ireland (FAI) over its exclusion from the League of Ireland First Division was discussed. The club, represented by Murray Johnson SC, claimed that the FAI had failed to invite it to submit a licence application for the 2020 season, thereby excluding it from competition. Limerick also alleged that the FAI had allowed Shamrock Rovers B to enter the division, a move opposed by other clubs. The club sought injunctions to compel the FAI to permit its licence application, prevent its exclusion, and protect its assets, including its underage academy. The FAI, represented by Andrew Fitzpatrick SC, argued it had not declined to allow an application and that Limerick had not supplied required information before deadlines. The judge adjourned the case to Friday morning to allow the parties to negotiate a resolution. The proceedings remain ongoing.

2020-01-15 · Dublin

Basketball club goes to court over suspension

St Vincent's Basketball Club in Dublin sought a High Court injunction to halt a 30‑day suspension imposed by the Dublin Men's Basketball Board (DMBB) on all of its teams, including under‑age squads. The club argued the suspension, which began on 13 January, was "draconian" and imposed in breach of fair procedures, noting it had only been notified of the DMBB's decision on 8 January. Counsel claimed the DMBB's factual basis was inaccurate, the decision breached Basketball Ireland's rules, and that the suspension should not take effect until an appeal was decided. The injunction, granted ex‑parte by Ms Justice Leonie Reynolds, prevented the DMBB from enforcing the ban and was deemed urgent due to the potential impact on the club's 11 teams and 100 players. The case was set for a hearing next week.

2020-01-13 · Limerick

Limerick FC sues FAI over exclusion from league

Limerick FC, represented by Frank Callanan SC, has launched High Court proceedings against the Football Association of Ireland (FAI) regarding its alleged exclusion from the 2020 League of Ireland First Division. The club claims the FAI failed to invite it to submit a licence application, a breach of FAI rules, and alleges the FAI wrongfully allowed Shamrock Rovers' second team to enter the division via the National League Executive Committee rather than the Club Licensing Bodies. Limerick seeks injunctions to permit its licence application, prevent its exclusion, and restrain the FAI from allocating club assets or licensing third parties. The FAI responded that Limerick failed to provide required information before deadlines, denying any refusal to allow an application. In a sworn statement, chairman Pat O'Sullivan alleged FAI demands, including investor meetings and business plans, were illegitimate and breached UEFA rules. He noted the club's failed examinership and stated that no liquidation steps have been taken. On an ex-parte basis, Ms Justice Leonie Reynolds granted permission to serve short notice on the FAI. Noting the urgency, she made the matter returnable to Thursday's sitting. The judge also agreed that Shamrock Rovers FC should be formally made aware of the proceedings. The matter was adjourned.

2020-01-13 · Louth

FF TD denies defaming Mary Lou McDonald in tweet

In a 2020 High Court case, Fianna Fáil TD Declan Breathnach denied defaming Sinn Féin President Mary Lou McDonald over a 2018 tweet. McDonald, represented by Tom Hogan SC, alleged that Breathnach's reply to a tweet supporting former Garda Maurice McCabe implied her sympathy was disingenuous and that she condoned murders by dissident republicans. She seeks damages, aggravated damages, and an injunction against further similar statements. Breathnach, represented by Darren Lehane BL, calls the claim misconceived. A pretrial motion was adjourned to a later date this month.

2019-12-20 · Cork

Fresh translation of French Bailey judgement is immediately handed back

In a High Court hearing on 20 December 2019, a fresh translation of the French court judgment that found Ian Bailey guilty of Sophie Toscan du Plantier's murder in absentia was returned to the State after the judge noted it was still difficult to understand. Mr Bailey, who was not present, had been previously convicted in Paris and sentenced to 25 years' imprisonment. The court endorsed a European Arrest Warrant for him, marking the third French request for his surrender. Mr Ronan Munro SC argued that the extradition should be challenged on the basis of a better translation of the judgment, citing "difficult to follow" passages. Mr Justice Donald Binchy agreed that a clearer translation was needed, and the court scheduled Mr Bailey's next appearance for 20 January 2020. The hearing was a notional one, with Mr Bailey not required to attend. The State's counsel, Leo Mulrooney BL, indicated that a new translation would be prepared.

2019-12-19 · Dublin

Action by McGuinness relative over seized phones is struck out

A High Court judge struck out an injunction application brought by Barbara Sloan, a sister‑in‑law of the late Cyril McGuinness, who died after a police raid in the UK. Sloan had travelled to the UK with McGuinness's widow, Mary, when they were removed from a flight at Dublin Airport and held by Garda detectives for two hours. Two mobile phones were seized. Sloan sought the return of the phones, claiming they contained private and business information. The judge noted the phones were taken in early November and said there was no urgency to the matter, suggesting an application under the 1897 Police Property Act would be more appropriate. The injunction was struck out and the Commissioner was awarded legal costs. Sloan may appeal the decision to the Court of Appeal, and her claim for damages remains pending.

2019-12-18 · Dublin

Civil liberties council wants to be joined to action over greyhound protests

The Irish Council of Civil Liberties (ICCL) seeks to join a High Court case as an amicus curiae, arguing that the dispute over greyhound protests raises key freedom of speech and assembly issues. The case involves Shelbourne Park Greyhound Stadium Ltd, which obtained a temporary injunction preventing protesters from operating within 50 metres of the track entrance and barring six named individuals and anyone aware of the order from obstructing access. The ICCL, represented by Marc Murphy BL, contends that the injunction infringes on civil liberties. Defendants, including Laura Broxson, Tawnie Ocampo, Catherine Wood, Bernie Wright, Conor Brady, and Noiren Carrigg, claim their protests are peaceful and seek the injunction lifted. Lawyers for the defendants argue that the track operators now accept the defendants had no role in leaflets that urged residents to shut down the stadium, and therefore the injunction should not continue.

2019-12-17 · Cork

Nursing home challenges fire safety findings

In a High Court judicial review, JCP Powdermill Care Centre Ltd, a nursing home in Ballincollig, challenges a Health Information and Quality Authority (HIQA) report that criticised its fire‑safety procedures. The centre argues the report, published on 1 October, was based on an unannounced inspection in late May 2019 and that it was not properly notified of the allegations or given a chance to respond. It claims HIQA failed to follow fair procedures, did not allow the centre to make representations or to call witnesses, and did not provide reasons for its findings or reference the relevant regulatory framework. The centre seeks an order quashing the report and an injunction to remove it from HIQA's website, citing negative business impact and difficulties in raising finance. The court, after an ex‑parte decision by Mr Justice Charles Meenan, has set a February hearing date.

2019-12-17 · Dublin

UL graduate brings challenge over Seanad elections

Tomas Heneghan, a University of Limerick graduate, has filed a High Court judicial review challenging the Department of Housing, Planning and Local Government's refusal to register him as an elector for Seanad Eireann elections. He argues that the panels reserved for graduates of the National University of Ireland and Trinity College Dublin do not include his university, and that he is ineligible for the vocational panel because he is not an elected local authority member, a member of Dáil Éireann, or a former Seanad member. Heneghan claims the 9 October refusal infringes his right to freely express convictions and opinions through the electoral process and alleges discrimination based on the location of his tertiary education and his employment.

2019-12-16 · Dublin

Ian Bailey arrested after third warrant for Toscan du Plantier murder is endorsed

Ian Bailey, aged 62, was arrested in Dublin after a High Court judge endorsed a third European Arrest Warrant issued by France for the 1996 murder of filmmaker Sophie Toscan du Plantier. The warrant was endorsed by Mr Justice Donald Binchy following changes in Irish law and Bailey's conviction in absentia in France, where a Paris court sentenced him to 25 years. Bailey was taken outside the Criminal Courts of Justice, cautioned, and shown the warrant in English and French. He was remanded on bail, required to post a €15,000 bond, surrender his passport, and remain within the jurisdiction. A full hearing is scheduled for 20 January 2020; Bailey denied any involvement in the murder and described the French proceedings as a farce. The case follows earlier French extradition requests that were dismissed as abuse of process in 2017.

2019-12-16 · Dublin

Last property in Gilligan criminal empire cleared for sale at €380k

The High Court has authorised the sale of the last property linked to John Gilligan, a three‑bedroom house at Willsbrook, Lucan, for €380,000. The house had been rented to long‑term tenants after seizure by the Criminal Assets Bureau. Justice Carmel Stewart granted the sale, allowing Gilligan's daughter Tracey to receive 20 % of the net proceeds. REA McDonald estate agents secured a buyer; they argued the €380,000 price reflects fair market value due to required repairs and noise from a nearby road, which had reduced interest over the past three months.

2019-12-13 · Kerry

O'Leary shouted "You are f¨¨king useless" at senior exec, High Court hears

In a High Court hearing, Peter Bellew, Ryanair's Chief Operations Officer, testified that Michael O'Leary shouted at him during senior‑executive meetings, calling him "You are fucking useless." Bellew said O'Leary had criticised his performance in a November 2018 note and in a March 2019 annual review, and that the board had no issue with Bellew's performance. Bellew claimed O'Leary wanted him gone and that he would not have been fired until after Ryanair's September 2019 AGM. Bellew is being sued by Ryanair for allegedly breaching a 12‑month non‑compete clause by accepting a position with EasyJet. He denies any breach, arguing the clause is unenforceable and that he was misled about share‑option participation. The court will decide next Friday, possibly Monday, 23 December.

2019-12-12 · Kerry

Senior Ryanair exec says he was "left with no doubts" that O'Leary wanted him out

In a High Court hearing, Peter Bellew, former Chief Operations Officer of Ryanair, testified that he was shocked and devastated after a meeting with airline chief Michael O'Leary on 22 March, during which O'Leary expressed serious concerns about Bellew's performance and warned that his role was at risk. Bellew said O'Leary also informed him he would not be included in the 2019 share‑option scheme unless his performance improved, a point Bellew disputed. He described a deteriorating relationship with O'Leary beginning in July 2018, citing incidents involving cabin crew and a letter of criticism sent in November 2018. Bellew claimed that after receiving the letter he felt "dead‑man‑walking" and eventually accepted a job offer from EasyJet, which Ryanair now sues for breaching a 12‑month non‑compete clause. The court continues to consider whether the clause is enforceable.

2019-12-12 · Down

Essex migrant deaths: court hears of voice recordings on mobile phones

In a High Court hearing in Dublin, the court considered evidence that recordings on mobile phones found in a refrigerated trailer in Essex, where 39 migrants were later discovered dead, suggested that some of the victims may have been alive after entering UK territorial waters. The case involves Eamon Harrison, 23, who is sought by British authorities on 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. Harrison, a dual Irish‑British citizen, allegedly transported the trailer from a Belgian port to the Port of Purfleet, Essex, where it was collected by Maurice Robinson, 25. Harrison was arrested in Ireland under a European Arrest Warrant and is contesting extradition in the Irish High Court.

2019-12-12 · Down

Warrant for alleged driver of migrant death trailer "fundamentally defective", court told

In a High Court hearing, lawyers for Eamon Harrison, a 22‑year‑old from Mayobridge, Co Down, challenged the validity of a UK extradition warrant that seeks to bring him to face 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. Harrison is alleged to have delivered a refrigerated trailer containing 39 migrant bodies from a Belgian port to the UK. The warrant, which refers to him as a British citizen, is said by counsel Siobhán Stack SC to be fundamentally defective due to an extreme lack of information and the fact that the required details were supplied by the Crown Prosecution Service rather than the issuing judicial authority, Chelmsford Magistrate's Court. The High Court, presided over by Mr Justice Donald Binchy, has requested further information from UK authorities and may require a new warrant before proceeding. The case is ongoing.

2019-12-10 · Ireland

Ryanair COO slow to make decisions, senior execs tell High Court

In a High Court hearing, senior Ryanair executives Adrian Dunne and Neal McMahon testified that former Chief Operations Officer Peter Bellew was slow to approve decisions, including salary increases for managers in Stanstead and capital expenditure matters in Spain. They claimed Bellew had not signed off on these issues, which they later raised directly with CEO Michael O'Leary, who denied knowledge. Dunne and McMahon also reported delays in approving pay increases for key staff involved in pilot training. The case is part of Ryanair's action against Bellew, who has been sued for accepting a position with rival easyJet, allegedly breaching a 12‑month non‑compete clause. The hearing also addressed a media reporting restriction on a €1.75 billion profit target for 2020, which the court has decided to revisit. The proceedings continue before Justice Senan Allen.

2019-12-09 · Meath

Judge wants clarification on Frank McNamara inheritance ahead of €2.9m insolvency arrangement

In a High Court case, Mr Justice Denis McDonald has asked for further clarification on Frank McNamara's inheritance before deciding on a €2.9 million Personal Insolvency Arrangement (PIA) for him and his wife, barrister Theresa Lowe. The judge wants a letter from the solicitors handling the estate of McNamara's late father to confirm that the estate is not seeking money from the rental income McNamara received for a property inherited a decade ago. The PIA would allow the couple to write off about €2.9 million of debt and keep their family home in Dunshaughlin, Co. Meath, valued at €550,000. The court adjourned the matter for a week to obtain the requested letter. The dispute involves Tanager DAC, which is owed €2.26 million, and other creditors such as the Bank of Ireland and the Revenue Commissioners.

2019-12-06 · Kerry

Outgoing Ryanair exec has information competitors would "kill to have", court hears

In a High Court hearing, Eddie Wilson, former chief people officer of Ryanair, testified that outgoing COO Peter Bellew possessed confidential information that competitors would "kill to have". Wilson claimed Bellew had insights into Ryanair's cost‑saving strategies and long‑term contracts, information normally shared in senior management meetings called 'Zs'. Bellew had not attended these meetings since late July, after announcing his departure, and no longer had access to confidential reports. Ryanair alleges Bellew breached a 12‑month non‑compete clause by accepting a role at easyJet, its main rival in the low‑fare sector. Bellew denies the breach and argues the clause is unenforceable. Ryanair seeks an order enforcing the non‑compete and an injunction against Bellew's employment with easyJet. The case continues before Mr Justice Senan Allen, with a judgment expected before Christmas.

2019-12-05 · Dublin

Extradition of men wanted for attempted murder of PSNI officer should be refused, lawyers say

Two Dublin men wanted in Northern Ireland on charges of attempted murder of a Police Service of Northern Ireland officer have had their extradition hearing opened at the High Court. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, are also charged with possession of explosive substances with intent to endanger life. Both face potential life sentences if convicted. According to a European Arrest Warrant, an improvised explosive device was discovered at a police officer's home in County Donegal in June. The men were arrested in County Donegal on suspicion of membership of an unlawful organisation. Their legal representatives objected to extradition today, arguing that their clients were not adequately warned during interviews at Milford Garda Station that silence could be used against them in Northern Irish courts. Counsel submitted that Northern Ireland's rules allowing judges to draw adverse inferences from an accused's failure to testify breach constitutional protections afforded in the State. The hearing before Mr Justice Donald Binchy is expected to conclude tomorrow.

2019-12-04 · Kerry

O'Leary says he was "taken aback" by senior exec's decision to join rival

In a High Court hearing, Ryanair chief executive Michael O'Leary told the judge that he was surprised when COO Peter Bellew announced his resignation in July 2019 and subsequent move to Easyjet. O'Leary explained that Bellew had cited lack of sleep and stress as reasons for leaving, and that he had been offered a three‑month notice period to allow a transition after Ryanair's summer schedules. Bellew declined the offer, claiming the 12‑month non‑compete clause did not apply because he was not joining a low‑fare carrier or a European airline. O'Leary disputed this, noting the clause was standard for senior managers and that Bellew had been paid a €1.1 million share‑option bonus in June 2019. Bellew denied breaching the contract, arguing the clause was void as he was excluded from the share‑option scheme. The case continues before Mr Justice Senan Allen.

2019-12-03 · Kerry

Michael O'Leary takes to stand in Ryanair contract case

In a High Court hearing on 3 December 2019, Ryanair's chief operations officer Peter Bellew faced a claim from the airline that his employment contract contained a 12‑month non‑compete clause preventing him from working for a rival after leaving. Bellew, who had agreed to become chief operating officer at EasyJet, denied breaching the contract and argued the clause was unenforceable because he was not included in Ryanair's share‑option scheme, which he said was a precondition for the clause. Ryanair's CEO Michael O'Leary testified that senior managers, known as "Zs", are bound by such clauses, receive share options, and have access to commercially sensitive information. O'Leary also highlighted Bellew's role in flight operations, engineering, and pilot training, and his salary of €550,000 plus a potential €500,000 bonus. The case, heard before Mr Justice Senan Allen, seeks an injunction to enforce the non‑compete and prevent Bellew from acting contrary to the post‑termination restrictions.

2019-11-29 · Wicklow

Planned "Vikings" sequel does not breach legal undertakings, producers say

Two Irish film producers, Morgan O'Sullivan and James Flynn, deny that their plans to produce a sequel to the Vikings TV series breach any legal undertakings they previously gave to the High Court. The German company W2 Filmproduktion Vertriebs GmbH seeks an injunction against the producers, alleging that they have diverted €40 million from Octagon Films Ltd, a company in which all parties are shareholders. The producers, represented by Bernard Dunleavy SC and Eamon Marray BL, argue that the funds generated by the proposed spin‑off, Vikings Valhalla, should go to Octagon and that they have not diverted any money to themselves or to corporate entities they control. W2 claims the producers are not entitled to profit from the Vikings series without Octagon's permission and seeks damages for alleged breach of duty, fraud and conspiracy.