The High Court has struck out injunctions that were secured in September against two men accused of blockading and intimidating workers at a pet food manufacturing plant in Edgeworthstown, Co Longford. C&D Pet Foods, part of the ABP Food Group, had obtained the orders against Cllr Paraic Brady of Drumlish and Colm Leonard of Aughanoran, both Co Longford, following protests by farmers objecting to beef prices. The injunctions prohibited the defendants and those aware of them from trespassing, blockading the plant, or intimidating staff and visitors. At the High Court on Friday, Ms Justice Leonie Reynolds agreed to strike out the proceedings on a consent basis, with no order made as to legal costs. The company had claimed the blockade obstructed its entrance for several days and threatened over 500 local jobs, causing approximately €400,000 in losses.
Ryanair's High Court action against its former Chief Operations Officer Peter Bellew is set to commence next Tuesday before Mr Justice Senan Allen. The case, originally scheduled earlier in the month, was adjourned due to a lack of a judge. Ms Justice Leonie Reynolds, who assigned the case to Mr Allen, instructed that all documents be furnished to him before the hearing and that the matter be concluded by Friday, hoping for a decision before the Christmas break. Ryanair alleges that Bellew's contract contains a 12‑month non‑compete clause preventing him from working for a rival airline after leaving the company, a claim he denies. Bellew, represented by John Rogers SC and Tom Mallon BL, counters that the clause does not apply. The case was initiated in August and both parties have agreed to an expedited hearing.
In November 2019, Start Mortgages DAC filed two separate High Court actions seeking injunctions over alleged illegal reoccupation of two houses it had repossessed. In the first case, the lender sought orders against Joseph and Esther Carragher at a property on Doolargy Avenue, Dundalk. Start claimed it had taken possession in late September after the couple defaulted on an €80,000 loan in 2006, with €89,000 still owed. The Carraghers had moved out but returned in early October, and a letter signed by them indicated no intention to leave peacefully. Start alleged that steel panels were removed and its agents were attacked, including a sledgehammer incident damaging a firm van. Justice Leonie Reynolds granted Start permission to serve injunctions, seeking orders to stop trespassing, vacate the premises, and prevent interference with possession.
In a High Court case, Karl Bennett, operator of the Underdog Boxing gym in Dublin, obtained a temporary injunction against his landlord, KC Capital Property Group Ltd. The injunction requires the landlord to allow Bennett back into the gym and to stop any further attempts to repossess the premises. Bennett claims the premises were forcibly re-entered by seven men who overpowered a single security guard around 7 am on the previous Sunday, and that the landlord had changed the locks. He argues the repossession was unlawful, citing contested forfeiture notices related to unpaid service charges and fire‑safety and planning issues. Bennett, who signed a 20‑year lease in 2014, has been unable to access the gym, which employs seven staff and serves over 500 members. The court granted the injunction ex‑parte, expressing concern over the circumstances and potential impact on Bennett's reputation, and set a return hearing for the following week.
The State has appealed to the Court of Appeal against a High Court ruling that quashed Judge Mary Fahy's refusal to recuse herself from hearing the prosecution of Midnight Entertainments. The company, which operates the "4 Aces" casino in Galway city, is charged with selling alcohol without a licence on November 28, 2015. Midnight Entertainments denies wrongdoing, asserting it is a private members' club that does not require a liquor licence, and intends to fully defend the prosecution. The appeal stems from Judge Fahy's earlier 2015 decision in a similar case against a company director, where she found him guilty, imposed a six-month suspended prison sentence, and remarked that a "genuine casino" must hold a liquor licence. Citing these remarks, the company argued in January 2017 that a reasonable apprehension of bias existed, prompting Judge Fahy's refusal to recuse. The High Court subsequently ruled in the company's favour. The Director of Public Prosecutions is now seeking to overturn that decision. Counsel for the DPP argued that the judge's legal ruling did not necessitate recusal, while company counsel described the prosecution as unusual and a "second bite of the cherry." The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Aileen Donnelly, reserved its judgement on the appeal.
In a High Court case, Daniel Lannon (49) sought damages and declarations from the Minister for Social Protection after a former department official passed his personal data to a private detective hired by solicitors for AIB bank. Lannon claimed the data breach occurred on 22 August 2014 when Ms Caitriona Bracken accessed his address at Colpe View, Drogheda, and supplied it to investigator Michael Ryan, who was also her brother‑in‑law. Ryan was employed by a solicitor's firm representing AIB, which used the address to serve legal proceedings on Lannon. Lannon had not provided the Drogheda address to the bank, using instead a property he owned in Malahide. After AIB sent correspondence to the Drogheda address in 2015, Lannon complained to the Data Protection Commissioner. The DPC prosecuted Ryan and his company, Glen Collection Investments Limited, who admitted breaches and were fined €7,500.
In a High Court hearing on 21 November 2019, it was revealed that Eamon Harrison, a 22‑year‑old from Mayobridge, Co Down, was travelling on an Irish passport when he allegedly delivered a refrigerated trailer that contained the bodies of 39 migrants found dead in Britain. British authorities seek his surrender under a European Arrest Warrant, charging him with 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. The warrant refers to Harrison as a "British Citizen", a point contested by his counsel, who argued that his Irish nationality could affect extradition. The court noted ambiguities about where the alleged offences occurred and requested further information from UK authorities. A resumed hearing was scheduled for 12 December, with Harrison remanded in custody.
The High Court heard a damages claim by Daniel Lannon against the Minister for Social Protection, alleging a breach of privacy and data protection rights in 2014. Lannon claims a department official provided his Drogheda address to a private investigator hired by solicitors acting for AIB, enabling the bank to serve legal proceedings at that location. He seeks damages, aggravated damages, and declarations that the department breached its duty of care. The department opposes the claim, arguing it is not liable for the negligent actions of its former staff member, Ms Caitriona Bracken, who was dismissed in 2017. The department also contends the proceedings constitute an abuse of process, noting Lannon previously discontinued a similar action. Ms Bracken, added as a third party, claimed releasing data was common practice, but the department stated it was no longer seeking relief against her, allowing her to be let out of the case. Lannon admitted he failed to inform AIB of his address change as required by his mortgage terms. The court noted that in October 2016, the private investigator Michael Ryan and his company Glen Collection Investments Limited pleaded guilty to certain data breaches and were fined €7,500 by the district court. The hearing continues.
Three Traveller families from Ballinteskin Halting Site in County Wicklow have lodged a legal challenge at the High Court after the council removed three houses from its Traveller Accommodation Programme. The families, represented by Eamon Galligan SC and Proinsias O Maolchalain BL, argue that the council had previously agreed to build the houses on a nearby vacant site under the 2014‑2019 programme, and that the 2019‑2024 programme's exclusion of the proposal was unlawful and made without notice. They claim the decision breaches a 1996 agreement, a 2018 ministerial circular, and their legitimate expectations, and that it was made in breach of fair procedures. The families seek orders to quash the exclusion, declarations of invalidity and breach of procedure, and a declaration that the decision contravenes the 2018 circular. Judge Charles Meenan granted the families permission to proceed, with the case to be heard in January.
A man in his 70s has filed a High Court challenge to stop his trial for five charges of indecent assault against his cousin, who was a teenage secondary school student in the early to mid‑1980s. The alleged offences are said to have taken place at the accused's home when he was in his 30s. The complainant claims the accused groomed and exploited her during her teens. The accused denies the allegations and argues that the passage of time, the death of witnesses, lost evidence, lack of precise dates in the charges, and his deteriorating neurological health have prejudiced his right to a fair trial. He seeks to quash the indictment and the decision to send him to trial, and to declare that his continued prosecution breaches his constitutional and European Convention rights. Mr Justice Charles Meenan granted permission on an ex‑parte basis, putting a stay on the prosecution and adjourned the matter to January.
Ryanair has brought a High Court action against its former Chief Operations Officer Peter Bellew, who left the airline in December to become chief operating officer of rival Easyjet. The case, which began in August, alleges that Bellew's contract contains a 12‑month non‑compete clause that bars him from working for a competitor after his employment ends. Bellew denies the claim, citing his prior senior positions, including as Malaysian Airline's chief executive and Ryanair's director of flight operations. Both parties have agreed to an expedited hearing, which is scheduled for next week and is expected to last several days. Ryanair also filed a pre‑trial motion for interrogatories, which the judge declined to hear separately and instead directed to be considered alongside the main hearing. The court has adjourned the motion and will address the case in the upcoming session.
In a High Court decision on 14 November 2019, Mr Justice Michael White upheld an order that kept the names of a convicted child rapist and his victim anonymous, despite the victim's request to waive her anonymity. The judge explained that the order had been made at the request of the Director of Public Prosecutions (DPP) during the trial and that the court had no mandate to alter it after the trial concluded. The DPP later applied on the victim's behalf to waive her anonymity, but the defence argued that no legal basis exists for a victim to do so. Mr Justice White noted that while a victim may disclose the offender's identity to third parties, publishing or broadcasting such information remains a criminal offence under the relevant Act.
Clemac Home Care Services, holder of a master franchise agreement for domiciliary home care across Ireland, obtained a temporary High Court injunction preventing Bluebird Care Franchises Ltd. from terminating the agreement. Bluebird claimed it intended to end the contract due to alleged misconduct by Clemac, allegations Clemac denies as baseless. Clemac argues the termination was prompted after its director, Mr Brian MacGoey, refused to sell his shares to Bluebird's American parent. The injunction bars Bluebird from taking any steps to implement the purported termination of the Master Licence Agreement dated May 2014. The High Court, on ex‑parte, granted the injunction after being satisfied that damages would not be an adequate remedy and that the balance of convenience favored the injunction. The matter is set to return next week.
In a High Court action brought by Clonres CLG, residents of Clontarf seek to have lands at St Paul's, Sybil Hill, Dublin 3 designated as a special area of conservation (SPA). The group argues that the former playing pitches, now a feeding ground for light‑bellied brent geese and black‑tailed godwit, should be protected under the EU Habitats Directive, Birds Directive and the 2011 European Communities (Birds and Natural Habitats) regulations. The case is against the Minister for Arts, Heritage and the Gaeltacht, the Attorney General and Crekav Trading GP Limited, the developer planning a major housing scheme. Crekav, part of the Marlet property group, has applied to have the matter fast‑tracked in the Commercial Court, claiming the residents' action could hinder its development plans and that the lands are worth tens of millions of euros.
In a High Court hearing on 11 November 2019, the court considered the case of Eamon Harrison, a 22‑year‑old from Mayobridge, Co Down, who faces 39 counts of manslaughter for allegedly delivering a trailer that contained 39 Vietnamese nationals who were found dead. The court heard that Harrison is of "modest means" and that he will not seek bail. Mr Justice Donald Binchy granted an application for an additional senior counsel to represent Harrison. The hearing followed an earlier appearance on 1 November, when a European Arrest Warrant was endorsed for Harrison, covering 41 offences including the manslaughter charges, conspiracy to commit human trafficking and conspiracy to assist unlawful immigration. The court set a further hearing for 21 November, noting that Harrison's draft points of objection will be formally filed and served on the State by Friday. The case remains at the pre‑trial stage, with no bail or extradition decisions made.
Coffey Construction Limited secured a temporary High Court injunction to stop a blockade at its headquarters in Moanbaun, Athenry, Co Galway. The blockade, set up by 15 security guards, two white vans and dogs hired by receiver Mr David O'Connor of BDO, began at 7 am on the previous Tuesday. The guards, who called themselves bailiffs, did not display the required identification or licence numbers under the Private Security Services Act, and the matter was reported to the Private Security Authority. Coffey Construction, which pays €100,000 per year for a valid lease and employs 280 people (88 in Athenry), said the blockade would damage the firm and could drive it to insolvency. The injunction, granted ex‑parte by Mr Justice Tony O'Connor, restrains the receiver and his agents from restricting access to the property. The case will return to court next week.
Four opposition TDs – Brid Smith, Richard Boyd Barrett, Gino Kenny and Paul Murphy – have secured permission to bring a judicial review against Ceann Comhairle Seán Ó Fearghail. The challenge concerns the Ceann Comhairle's refusal to allow a motion to be placed on the Dáil order paper that would have enabled a vote on changing standing orders to prevent the Government from blocking opposition bills. The TDs argue that the decision breaches their constitutional rights and seek an order quashing the refusal and declarations that the decision is unlawful. The case was found to be arguable by Mr Justice Garrett Simons, who granted permission to proceed. Mr Justice Charles Meenan has set a hearing for 17 December, with a timetable agreed for pleading exchange. The court will later be informed whether the Attorney General will participate. The TDs' counsel, John Rogers SC, expects the hearing to last two days.
Four TDs – Brid Smith, Richard Boyd Barrett, Gino Kenny and Paul Murphy – have obtained permission from the High Court to challenge the Ceann Comhairle's refusal to place a motion on the Dáil order paper. The motion, submitted by Deputy Smith, seeks to prevent the Government from blocking opposition bills by withholding a "money message" that would allow them to proceed through the legislative process. The TDs argue that over 50 opposition bills have been blocked and that the Ceann Comhairle's decision infringes their constitutional rights and the European Convention on Human Rights. Mr Justice Garrett Simons granted permission to bring judicial proceedings, noting the claim was arguable, but declined to issue a temporary injunction or alter the Dáil's order of business. The case will be heard in full on a date to be fixed by the court.
Freddie Thompson, a 39‑year‑old Dublin man serving a life sentence for the 2016 murder of David Douglas, withdrew his High Court challenge against the prison authorities over what he described as an "extremely oppressive" regime in Portlaoise Prison's A4 wing, known as the punishment block. The withdrawal followed his transfer from the isolation block to the mainstream prison population. Thompson had argued that the regime violated his human rights, limiting his contact with other prisoners, denying regular exercise, fresh air and education, and causing mental health problems. He had sought orders to end his isolation and improve access to facilities. The court, after hearing the case, accepted that the transfer had occurred within 24 hours and allowed the action to be struck out. The State was asked to recommend legal aid for counsel, a request the court approved.
In a High Court case, the Save Cork City Community Association CLG challenged Cork City Council's approval of a €6 million road upgrade that would open the city's docklands for further development. The association argued that the council's decision was flawed and breached EU directives on habitats and environmental assessments. It claimed that the council failed to explain how it determined the impact on nearby special conservation areas and that the approval was part of the Lower Lee Flood Relief Scheme, which is still under environmental assessment. The association said the council's approval amounted to "project splitting" and violated public participation rights. The group sought an order quashing the council's decision, declarations that the decision breached EU directives, and that the flood works were integral to the Lower Lee scheme. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case set for a January hearing.
In a High Court case filed on 4 November 2019, a mother sued the Health Service Executive (HSE) to secure a Home Support package for her 9‑year‑old daughter, who is non‑verbal, has severe intellectual disability, violent behaviour and is not toilet trained. The daughter's counsel, Fecihin McDonagh SC, argued that the HSE had received an application in May 2018 but had not yet made a determination. The counsel noted that the local not‑for‑profit foundation that usually provides such packages lacks the authority and resources to approve them for this family. The mother claimed the HSE had not informed the family that the daughter was ineligible, and that the delay had caused significant stress and hardship as the child's condition worsened. The mother seeks an order directing the HSE to consider and determine the application and also seeks damages.
A High Court judge warned activist Ben Gilroy that he could face imprisonment if he attempts to arrest employees or agents of Start Mortgages DAC. Justice Leonie Reynolds told Gilroy that such actions could lead to charges of assault and false imprisonment, and that he had been ordered not to arrest, restrain or assault any of Start's officers, agents, lawyers or employees. The judge also cautioned that Gilroy's videos, which he posted on social media and claimed to give legal advice, could mislead viewers. Gilroy, who represented himself, said he intended to appeal the ruling and that he believed he had the right to arrest those he thought had committed fraud. He also objected to the removal of his posts, citing freedom of speech. The court reiterated that any attempt to arrest people associated with Start could result in criminal charges and that Gilroy should report alleged fraud to the Gardaí, not act on his own.
A Northern Irish man, Eamon Harrison, 22, was arrested under a European Arrest Warrant and appeared before Mr Justice Donald Binchy in the High Court. He faces 41 offences, including 39 counts of manslaughter, conspiracy to commit human trafficking under the Modern Slavery Act 2015, and conspiracy to assist unlawful immigration under the Immigration Act 1971. The charges relate to a trailer that carried 39 migrants who were found dead in the UK. Harrison is alleged to have delivered the trailer to Zeebrugge, Belgium, before it was transported to the UK, where it was collected by Maurice Robinson. He is currently remanded in custody over a domestic matter and may be granted bail. The case will be mentioned again on 11 November, with a hearing set for 21 November.
Start Mortgages DAC secured a temporary High Court injunction preventing Ben Gilroy, who contested the European Parliament Elections, from arresting, restraining or assaulting any of its current or former officers, agents, lawyers or employees. The injunction also restrains Gilroy from publishing or posting online any information relating to the home addresses or property of any of Start's current or former employees, officers, and lawyers. The orders apply to any other person who has knowledge of the orders, as well as Gilroy. Start obtained the injunction in response to videos posted on social media in which Gilroy alleged that Start is involved in fraud and called for people acting for or working with the fund to be arrested. The High Court granted the injunction on an ex‑parte basis, with the matter returnable to Friday's sitting.
The High Court has adjourned proceedings between Oxigen Environmental and former rugby international Shane Byrne and his brother William, who are directors of AWD Waste Solutions Ltd. The matter, brought under the Companies Act, concerns allegations regarding the conduct of AWD's affairs, including claims that company books were removed or destroyed, monies were missing, and cash payments were made for services invoiced at significantly reduced rates. Oxigen also alleges the brothers used company funds for personal expenses and seeks to buy out their 49 per cent shareholding. The Byrne brothers deny wrongdoing, alleging the injunctions are intended to force a share purchase and damage their reputation. Counsel for the brothers, Richard Kean SC, sought an adjournment to reply to a recent affidavit and to allow independent auditors to complete their report, which is expected to take two to three weeks. He also noted that Oxigen had rejected a mediation offer, prompting a motion to compel mediation listed for next month. Oxigen's counsel, Ronnie Hudson BL, stated the company was not prepared to mediate at this stage, citing the involvement of the Office of the Director of Corporate Enforcement, the Revenue Commissioners, and An Garda Síochána. Ms Justice Reynolds agreed to adjourn the case for one month to allow the auditors to conclude their investigation. The interim injunctions previously granted, restraining the disposal or destruction of AWD's records, and the undertakings given by the defendants remain in place.
In a High Court judicial review, Garda Noel Gibbons successfully had disciplinary findings quashed that had alleged he made a racist remark to a 14‑year‑old teenager detained in June 2017. The internal Garda investigation had found him in breach of discipline and fined him €200, with the Garda Ombudsman Commission (Gsoc) set to enforce the decision. Gibbons, who denies ever using racist language, argued the investigation was fundamentally flawed, that he was denied legal representation and the right to cross‑examine witnesses, and that the findings were made without reasons. The court agreed that the findings could be quashed, the fine cancelled, and no further disciplinary action would be taken. The case was resolved with Gsoc updating its records accordingly. The teenager, of eastern Asian descent, was not named due to his age. The incident involved a verbal altercation at a Dublin Garda Station following a public order situation in Temple Bar.
The High Court has adjourned proceedings in a long-running family dispute concerning Claddagh Jewellers Ltd. Ms Justice Leonie Reynolds agreed to a one-month adjournment after counsel for applicant Andrew Fried reported that mediation, conducted by retired Judge Paul Gilligan, had resulted in a "resolution in principle." Although progress was noted, several steps remain to finalize the matter. Andrew Fried, of Leac Lian Barna Co, Galway, is an applicant in proceedings against his brother, Philip Fried. Andrew alleges that Philip, in conjunction with their father Laszlo, has interfered with the company's business. He seeks orders prohibiting contact with suppliers, a buyout or sale of shares, and a declaration that Philip's actions are oppressive. These claims are denied. In separate proceedings, Philip Fried claims that Andrew and Claddagh Ring Ltd breached his trademark, asserting he is the sole owner of the "Claddagh Jewellers" mark. He seeks restraining orders. Joint receivers Michael McAteer and Aengus Burns are also parties to the mediation. Additionally, Promontoria (Aran) claims it is owed €16m in separate proceedings involving Laszlo Fried and associated companies, alleging a failure to repay loans originally advanced by Ulster Bank. The court did not make a final determination on the merits, as the matter was adjourned to allow for final resolution.
The Office of the Director of Corporate Enforcement (ODCE) has ended its investigation into the collapsed charities fundraising service Pembroke Dynamic Internet Services Ltd and its related companies Ammado Technology Limited and the Ammado Foundation. The ODCE had been looking for suspected offences under the 2014 Companies Act. During the inquiry it was revealed that former Pembroke Dynamic boss Peter Conlon had been jailed by a Swiss court after pleading guilty to embezzling charity donations. The ODCE confirmed Conlon's claim of a Zurich conviction and, having found no further action required, was released from High Court proceedings that it had been a notice party to. Those proceedings were brought by liquidator Mr Myles Kirby, who had secured an injunction freezing Conlon's assets and sought to hold him personally liable for the company's debts.
In 2000 a woman with long‑standing psychological and psychiatric difficulties filed a High Court judicial review against the HSE, the Ministers for Health and Children, Ireland and the Attorney General, alleging that the HSE had failed to provide an appropriate residential placement for her during her care. The case, which was to be heard in 2002, was struck out in 2006 because the woman's fragile mental state prevented it from proceeding. In 2017 she applied to have the action re‑entered, but Ms Justice Leonie Reynolds refused, finding that the delay between 2002 and 2017 was inordinate and inexcusable. The judge noted that the woman's health problems did not excuse the delay, citing her marriage, childbirth and relationship breakdowns, and that the delay prejudiced the respondents by making it impossible for them to defend the claim. The court therefore dismissed the application to re‑enter the case.
John Matthew Berry, a non‑criminal with no prior convictions, has sued the Garda Commissioner for defamation and breach of privacy after an image of his name, photograph and address was posted on a Garda notice board in Kilmainham Garda Station. The bulletin, allegedly accessed by a contractor in March 2019, contained a highly defamatory statement that Berry claims damaged his reputation. The contractor supposedly photographed the bulletin and circulated the image via WhatsApp and online. Berry seeks damages for defamation, privacy breach, and alleged violations of the Data Protection Acts and the 2005 Garda Siochana Act. He also intends to sue the unknown photographer. Ms Justice Leonie Reynolds ordered the Commissioner to provide information that could identify the photographer, and the case will return to the High Court later this year.
In late October 2019, a planned strike by engineering workers at the Aughinish Alumina refinery was halted after the dispute was referred to the Labour Court. The strike, which had been voted on by workers over pay and allowances, was set to begin later that week. Employers Murphy International Ltd (MIL) had initiated High Court proceedings seeking an injunction to stop the strike, arguing it could shut down the refinery. After out‑of‑court talks between legal teams, the High Court case was struck out. Both parties agreed to suspend the industrial action and refer the matter to the Labour Court, where it is expected to be heard next month. The resolution followed MIL's earlier claim that the union's secret ballot was invalid and that no valid trade dispute existed under the 1990 Industrial Relations Act. The suspension was intended to prevent potential shutdown of refinery operations and protect the interests of MIL, its workers, and the refinery's stakeholders.
A woman was found not guilty by reason of insanity in the High Court of murdering her three-year-old daughter at their family home in County Mayo. The media remain barred from identifying either the mother or the deceased child following a judgment by Ms Justice Carmel Stewart. The judge upheld reporting restrictions initially imposed under Section 252 of the Children Act 2001, which protects the anonymity of child victims. Media representatives had sought to overturn the ban, arguing the provision applied only to living children and that reporting restrictions were unnecessary given the child was deceased. The court rejected this submission, finding that the legislation contained no such distinction and that murder charges involving children warranted continued anonymity protections. The judge ruled that the restriction constituted appropriate application of child protection law rather than an excessive limitation on press freedom. The unnamed accused was found guilty.
Esther Esabod Aboderin, a defendant from Leixlip, Co Kildare, appeared before the High Court to address allegations of defamatory and threatening social media posts directed at applicant Rosala Uvbi Mku-Atu. Before Ms Justice Leonie Reynolds, Ms Aboderin issued a sworn undertaking not to repeat any defamatory or threatening remarks regarding the applicant. Counsel for the applicant, Thomas Hogan SC, noted that while the defendant had removed her own posts, concerns remained regarding third-party content on other platforms. The defendant's counsel, Rory Kennedy BL, stated his client had complied with previous removal orders but could not control material posted by others. Consequently, the application to continue the injunction was adjourned generally, with permission granted to re-enter the matter if issues arise. The judge warned that any breach of the undertaking could result in imprisonment for contempt. The court also heard that Ms Aboderin was assaulted by unknown persons at the Four Courts on July 31, sustaining cuts and bruises, an incident requiring Garda intervention. The applicant's lawyers stated their client did not condone the assault, and a Garda investigation into that separate incident remains ongoing.
The High Court struck out a judicial review action brought by Save the Hellfire Club and Rathfarnham's Massy Woods Residents Association against the Standards in Public Office (SIPO) Commission. The applicants, who oppose South Dublin County Council's €22m interpretive centre plan at the Irish Hellfire Club in the Dublin Mountains, challenged SIPO's May 2023 decision to refer them to the Gardaí. SIPO had alleged a breach of political lobbying laws under the Electoral Act, claiming the group failed to cooperate with requests for donor details. Counsel for the applicants, Cian Ferriter SC and John Kenny BL, informed the court that SIPO agreed to withdraw the referral and pay the applicants' costs. With the consent of all parties, the proceedings were struck out. The applicants had previously argued they had no political affiliations and that opposing a planning application did not constitute a political campaign, asserting SIPO lacked jurisdiction to demand donor information. They maintained their sole purpose was to oppose the commercial development, which they claimed would damage the fragile ecosystem of the former hunting lodge site. The court accepted the resolution, effectively ending the legal challenge without a final determination on the merits of the jurisdictional arguments.
GL Ireland ICAV, owners of Thurles Shopping Centre, claim that compliance with enforcement notices issued by Tipperary County Council would force the centre to close permanently. The notices, issued after the council's decision to enforce conditions tied to the 2007 planning permission, require the closure of a delivery entrance, landscaping on land the company does not own, removal and repositioning of external windows and doors, and construction of a maintenance building and bicycle park. GL Ireland argues the notices were served outside the time limits set by the 2000 Planning and Development Act and that the council acted irrationally, unreasonably and contrary to law. The company has brought a High Court challenge, seeking to quash the notices and obtain a declaration of the council's unlawful conduct. Justice Seamus Noonan granted permission ex‑parte and placed a stay on further council action pending the case, with a return date set for December.
In a High Court case, Centz Retail Holdings, Centz Stores 7 Limited and director Mr Naeem Maniar challenge Limerick City and County Council's enforcement notice issued in August over a planning breach at the 'Homesavers' premises in City East Retail Park. The notice alleges Mr Maniar violated a condition that the unit may only sell bulky household goods. Mr Naeem Maniar's counsel, Neil Steen SC, argues the council relied improperly on input from a competitor with alleged ulterior motives, failed to consider the group's submissions, misinterpreted the condition, and applied it inconsistently across the retail park. The applicants seek to quash the enforcement notice and obtain declarations that the council erred in law, acted contrary to fair procedures and breached natural justice. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the matter to return in December.
In a High Court order dated 21 October 2019, a receiver was appointed to liquidate a mobile home formerly owned by Derek 'Dee Dee' O'Driscoll, a known criminal who had extorted thousands of euros from builders working for Dublin City Council in exchange for protection. The court also authorised the seizure of four bank accounts holding more than €250,000, to be taken over by the liquidator. O'Driscoll, from Croftwood Grove, Ballyfermot, and his associate David Reilly of Croftwood Park, had charged firms building council houses between €1,200 and €1,500 per week to guard their sites against vandalism and anti‑social behaviour. Benedict O'Floinn SC, representing the State, informed the judge that O'Driscoll and Reilly could accompany a Garda to the mobile home to collect personal belongings before the sale. John Noonan BL, for the respondents, objected, claiming the men would be pressured or abused if escorted by a Garda.
In a High Court case on 18 October 2019, Murphy International Ltd (MIL), an engineering services provider to the Aughinish Alumina refinery in County Limerick, sought an injunction to stop a planned strike by the trade union Unite. MIL, which employs about 126 of the refinery's 1,100 workers as civil and mechanical operatives, argued that the strike, which was to begin the following Friday, would force the refinery to cease operations, harming MIL, its employees and the refinery's stakeholders. The company claimed it had been notified by Unite of the intended industrial action, which would include a strike, picketing and labour withdrawal. MIL also challenged the validity of a secret ballot conducted by Unite in September, asserting it was not a proper full and proper secret ballot. The court granted MIL permission to serve short‑notice proceedings on an ex‑parte basis, allowing the case to be returned next week for further hearing.
Forsa, the parent union of IALPA, has asked the High Court to halt Ryanair's legal action against the union and several named pilots, including IALPA president Evan Cullen. The airline's claim stems from a planned 48‑hour strike on 22‑23 August that was stopped by an injunction. Ryanair seeks damages for the strike, alleging it caused a €13.7 million loss from reduced bookings and negative publicity. The injunction remains in place while mediation talks continue. Forsa's counsel, Marguerite Bolger SC, obtained an ex‑parte order from Justice John Jordan to stay the proceedings pending mediation, arguing that Ryanair's attempt to fast‑track the case would leave the union in limbo. The matter is set to return to court next Thursday for further consideration.
A lay litigant with addresses in County Mayo attempted to effect a citizen's arrest on a High Court judge, a solicitor and a barrister at the Four Courts on Thursday. Stephen Manning, who was before the court in judicial review proceedings relating to his conviction and subsequent incarceration in May 2017, made the request during a hearing before Mr Justice Michael MacGrath. Mr Manning sought to have the parties accompany him to a Garda station, citing grounds including perverting the course of justice. The judge had previously dismissed an application for his recusal from the substantive case. When the hearing resumed on Thursday to address a procedural matter regarding potential appeal to the Court of Appeal, Mr Manning raised the issue. Mr Justice MacGrath indicated the case was listed for a specific purpose and rose from the bench to allow other proceedings to continue. Members of An Garda Síochána present in court declined to detain any of the parties. Mr Manning subsequently left the courtroom.
Two Dublin men sought by Northern Irish authorities for the alleged attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought legal challenges regarding access to detention records. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, were arrested in County Donegal in 2015 in connection with an improvised explosive device discovered beneath a police officer's vehicle in County Derry on June 18, 2015. Both face potential life imprisonment if convicted. Their legal representatives sought judicial review at the Court of Appeal in Dublin, challenging the High Court's earlier refusal to grant access to custody records, statements, and samples obtained during their detention at Letterkenny Garda Station. Counsel argued their clients required such material to resist extradition proceedings. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment on the matter.
In October 2019 the High Court heard that residents from O'Reilly Avenue, Ceannt Fort and Mount Brown in Dublin 8 had resumed legal action against the National Paediatric Hospital Development Board and BAM Civil Limited, the construction firm for the new €1bn Children's Hospital. The residents claimed that work on the hospital site had damaged their homes and sought an injunction to halt further construction until protective measures were taken. Both defendants opposed the injunction, and the parties had previously settled on undisclosed terms. After negotiations failed to resolve the issues, the residents' lawyers returned to court and were granted permission by Justice Leonie Reynolds to serve short‑notice proceedings on the defendants. John Rogers SC presented engineering reports indicating movement in the houses, arguing that the defendants' concerns had not been adequately addressed. The judge agreed to the injunction and scheduled the case for a Friday hearing.
Ms Justice Leonie Reynolds adjourned a defamation action between Rosala Uvbi Mku-Atu and Ester Esabod Aboderin to a date later this month. The plaintiff, a London-based businesswoman, alleged that the defendant, who resides in Leixlip, Co Kildare, breached a previous High Court order by publishing a social media post in mid-August wishing her "a sudden death." Counsel for the defendant contested the alleged breach, noting that Facebook had frozen the client's account, preventing the removal of the post. The defendant also reported an ongoing Garda investigation into an assault she suffered at the Four Courts in July, where she claimed to have sustained cuts and bruises. While the plaintiff's legal team stated their client did not condone the violence, the judge expressed concern over the potential injunction breach. She directed the defendant's lawyers to immediately contact Facebook to unfreeze the account and remove the material. The judge accepted an undertaking from the defendant not to post further material about the plaintiff and warned of the serious consequences of breaching court orders. The matter was adjourned, with the judge thanking Gardaí for their attendance during the hearing.
In a High Court hearing on 8 October 2019, Justice Carmel Stewart ruled that more than €250,000 in four bank accounts linked to Derek O'Driscoll were proceeds of crime and ordered the State to keep the money. The Criminal Assets Bureau seized the accounts in December 2018. Benedict O'Floinn SC, acting for the State, presented evidence that O'Driscoll and his associate David Reilly were involved in drug dealing and extortion, and that they had acted as "enforcers" for protection services at construction sites in Ballyfermot and the wider Dublin area. Building firms, including those contracted by Dublin City Council and Co‑Operative Housing Ireland, had paid €1,500 and €1,200 per week to the pair to stop anti‑social behaviour. O'Driscoll and Reilly denied criminal involvement; their counsel claimed the money was for "fence maintenance".
In a High Court hearing on 1 August 2019, a 17‑year‑old boy from Dublin pleaded guilty to engaging in a sexual act with a 12‑year‑old girl on 25 August 2015 at a location in County Dublin. He and a co‑accused, now 20, also admitted a second act on 21 August 2015 at a different site. The court heard that the older boy, then 16, forced the girl to give oral sex, took photographs, and later threatened her with the release of those images unless she performed oral sex on the younger boy. The victim described feeling compelled to comply, shaking and unable to stop, and said she was forced to "suck his dick like an ice‑pop" for about ten seconds before running away. The younger boy, who was 14 at the time, claimed he feared the older boy and believed the victim was also 14. He expressed remorse and offered an unreserved apology.
In August 2019, the High Court heard that two couples, William and Elizabeth McCarthy and John and Winnie McCarthy, had failed to vacate an unofficial halting site at Cabragh Bridge in Co. Tipperary, despite orders from Tipperary County Council. The court had previously issued injunctions requiring the removal of mobile homes, vehicles and caravans and the cessation of residence at the site. The McCarthys were given until 5 pm on Thursday, 8 August to comply, or face imprisonment for contempt. The judge offered them a final chance to comply or seek legal advice, noting that the defendants had been served with the orders but were not fully satisfied that the consequences of non‑compliance were explained. The council had offered alternative accommodation, which the defendants rejected, and the court noted that the council's offer remained open. The case was adjourned to give the defendants a final opportunity to comply with the court's orders.
Gerard Flannery, a former sales manager for Nutts About Pets Ltd and Speedritedog Food Limited, settled a High Court action against his ex‑employers over posts he claimed were defamatory. In January, Flannery obtained a temporary injunction ordering the companies and owner Basil Thompson to remove online statements about him. The injunction remained while parties negotiated. On Thursday, Flannery's counsel announced the case had been settled on terms and could be struck out. The settlement made the temporary injunction permanent, requiring Nutts About Pets Ltd to delete and not republish posts on its Facebook and website made about Flannery on 7 December 2018, and to refrain from further statements concerning him or his employment. Flannery had claimed he was summarily dismissed on 7 December 2018, and the posts were said to damage his reputation. The settlement was reached after out‑of‑court talks.
Gardaí in Buncrana, Co Donegal have been unable to locate a financial advisor accused of misappropriating investor funds, the High Court heard on Tuesday. James Doherty, who traded as Demvera Capital Partners, faces contempt allegations following his failure to comply with court orders to return €159,000 advanced by Jamie Murphy for investment purposes in 2017. Ms Justice Leonie Reynolds previously froze Mr Doherty's assets and those of two related companies. The court was told that gardaí have conducted extensive searches at multiple addresses linked to Mr Doherty but found no trace of him. Enquiries established he is not in receipt of social welfare and has had no recent contact with family or acquaintances. Gardaí are aware he may be driving a grey BMW 518 Saloon with a 141 Donegal registration. The judge adjourned proceedings until such time as Mr Doherty can be located and brought before the court to answer the contempt allegation.
In a High Court ruling on 30 July 2019, Ms Justice Leonie Reynolds determined that certain excerpts from documents supplied by the Football Association of Ireland (FAI) and its auditors, Deloitte Ireland LLP, were protected by professional legal privilege and therefore could not be used in the Office of the Director of Corporate Enforcement's (ODCE) investigation. The judge identified 14 passages within 16 documents that contained privileged material, primarily minutes of FAI board and committee meetings from 1 January 2016 to 21 March 2019. These passages related to legal advice received from the FAI's interim CEO, Ms Rea Walshe, and from A&L Goodbody solicitors concerning potential sponsorship agreements, liability issues, internal investigations, appeals to the Court of Arbitration for Sport, licence applications, and litigation strategy. The judge ordered that these privileged passages be redacted so they remain unseen by the ODCE.
The Criminal Assets Bureau (CAB) seeks to sell a fleet of 114 cars, valued at almost €3 million, seized from a Limerick motor dealer in March. The High Court heard that the cars are expensive to store and are losing value, so the State wants to dispose of them quickly. Ms Justice Carmel Stewart adjourned the matter to 15 August to decide whether to allow the sale. She noted that assets such as cars can "rapidly depreciate" and that the maximum value should be realised. If the sale is permitted, the proceeds can be held until the court determines whether the cars were proceeds of crime under the Proceeds of Crime Act. Two respondents were named: Stephen Bawn Motors Ltd trading as Bawn Motors, and Mr Mike Nash.