Tom O'Gorman's siblings, Paul and Catherine, have taken the case to the High Court after the coroner refused to hold an "enhanced" inquest into their brother's murder. Thomas O'Gorman was killed by his tenant, Saverio Bellante, in January 2014. Bellante was found not guilty of murder by reason of insanity and is now in the Central Mental Hospital. The O'Gorman family argues that the trial did not provide a proper investigation and that Bellante's treatment by the HSE and his psychiatrist was flawed. They claim the coroner's refusal to conduct an enhanced inquest was unreasonable, irrational, void and without effect. The court granted permission to proceed ex‑parte and put a stay on the inquest until a November hearing. The coroner is expected to resume the inquest in late September, pending the outcome of the High Court action.
Ms Justice Leoine Reynolds granted an interim injunction in the High Court in favour of applicant Rosala Uvbi Mku-Atu against respondent Ester Esabod Aboderin. The applicant, a Nigerian businesswoman residing in London, alleged that the respondent, of Leixlip, Co Kildare, had published threatening and defamatory comments on social media platforms since May. These alleged posts, which reportedly included threats to kill the applicant and calls for others to attack her, were claimed to have reached a significant audience. The respondent was not present in court on the day of the hearing, having informed the court via email that she was out of the country. The judge expressed concern regarding the seriousness of the alleged threats and the respondent's absence. Consequently, the matter was adjourned to the following week. The judge directed the respondent to provide proof of her travel, such as an airline ticket, to the applicant's legal team. The interim order directs the removal of the complained-of material from social media platforms and prohibits the respondent from publishing similar content or engaging in threatening or intimidating behaviour. Additionally, orders were made under Section 33 of the 2009 Defamation Act to prohibit the reporting of the allegedly defamatory comments. The judge emphasised that it was in the respondent's best interests to attend the next hearing.
In a High Court hearing on 25 July 2019, Justice Leonie Reynolds considered the Football Association of Ireland's (FAI) claim that certain documents supplied to the Office of the Director of Corporate Enforcement (ODCE) were protected by legal professional privilege. The ODCE, investigating "certain matters" concerning the FAI under the 2014 Companies Act, asked the court to decide whether the FAI's submissions could be excluded from the probe. The documents in question include minutes of all FAI board and committee meetings from 1 January 2016 to 21 March 2019, and extracts of legal advice received by the board from interim CEO Ms Rea Walshe and from Deloitte auditors. The FAI argues that these extracts, covering advice on sponsorship agreements, potential liability, internal investigations, appeals to the Court of Arbitration for Sport, disciplinary matters, licence applications, and audit reports, are privileged and should not be used in the ODCE investigation.
The High Court application by KBC Bank to evict a family from their home near Strokestown in County Roscommon will be heard on 10 October. Ms Justice Leonie Reynolds rejected a request by David McGann to consolidate separate proceedings he has initiated with the bank's injunction application. Mr McGann seeks to challenge the validity of the possession order executed by the Roscommon County Registrar and to prevent any party from taking possession of the property. The judge found that consolidating the cases, which involve different parties and distinct issues, would unnecessarily increase legal costs. The McGann siblings were evicted from the farm property in December 2018 following a repossession order obtained by KBC several years earlier. The registered owner, Michael Anthony McGann, fell into arrears on a loan and owed approximately €431,000 to the bank. The family subsequently returned to the property.
A High Court hearing set for December 17th will consider a dispute between Fr Michael O'Leary, a 50‑year‑old Catholic priest charged in the United States with drug offences, and his siblings over the late Elizabeth O'Leary's 2009 will. The siblings—Ms Nora Harpur, Mr Barry O'Leary, Mr Tadgh O'Leary and Ms Marie O'Leary—sue Fr O'Leary and his brother Mr John O'Leary, seeking to set aside the will on the grounds that Mrs O'Leary was not of sound mind and that the defendants exerted undue influence while she prepared it. They claim the family home was left to the defendants and the residue of the estate to the other siblings. The defendants deny the allegations and the action is fully contested.
The ODCE has asked the High Court to decide whether certain documents held by the FAI's auditors Deloitte are legally privileged. In a motion under the 2014 Companies Act, the ODCE wants Ms Justice Leonie Reynolds to examine the material provided by Deloitte as part of the probe into "certain matters" concerning the association. The court is expected to rule before the end of the month on whether the documents given by the association to the director are privileged. Kerida Naidoo SC, for the ODCE, explained that the judge was asked to look at sections of four documents concerning Deloitte. Three of these had already been supplied to the court, while the fourth was in a sealed envelope. The judge thanked Deloitte for its assistance and adjourned the matter.
In a High Court settlement, Island Capital Management Ltd agreed to waive legal privilege over a single document that the Commission of Investigation into the sale of Siteserv had expressed interest in, to prevent delays in the Commission's work. The dispute arose after Island raised concerns in September 2016 about the Commission's terms of reference and the interpretation of those terms, which the Commission clarified on 10 January 2019. Island had also challenged a ruling by Judge Brian Cregan regarding the treatment of certain documents and the application of legal advice privilege (LAP). The Commission acknowledged that its earlier letter on 8 September 2017 had misled Island about the final determination on LAP, and it had subsequently revisited the issue. The settlement, read by the court, included a contribution to Island's legal costs and an order striking out the proceedings, with the Commission agreeing to respond to any further concerns about ambiguity in its terms of reference.
In a fast‑track commercial court case, Irish Life Assurance PLC has sued Arcadia Group Ltd over a 1987 lease for a Cork City property at 101 Patrick Street. The lease, worth €650,000 annually, is set to expire in 2022. Arcadia, which entered a Company Voluntary Arrangement (CVA) in the UK, claims the lease was terminated on 12 June 2019 as part of that CVA. Irish Life disputes this, asserting the lease remains in force and that rent from July of the current year to the lease's expiry is €1.95 million. Irish Life seeks declarations that the lease continues, that the CVA‑based termination is not recognised in Ireland, and orders for specific performance, payment of outstanding rent, and damages. The case was admitted to the Commercial Court by Mr Justice Robert Haughton, with a week's adjournment pending a decision on whether the dispute should be heard in Ireland or the High Court of England and Wales.
In a High Court case, publisher Trevor White resolved a dispute with Feniton Property Finance DAC, a financial fund that had sought to recover €3.9 million from White's parents and related companies over loans from Bank of Scotland Ireland. The fund had appointed a receiver and pursued injunctions to seize the family home at Mountpleasant Square, Ranelagh. After negotiations, the court agreed that Feniton would receive €1.2 million and that the receiver would be entitled to possession of the property, but orders would be stayed for six months. During that period, payments to the fund would allow White to remain in the house. Counsel for White and his family consented to the settlement. Separate proceedings saw Feniton obtain summary judgments totaling €3.9 million against Peter and Alicia White and two companies, with the court refusing to accept the defendants' defence and staying execution of judgments until 31 December.
In a High Court case on 18 July 2019, River Dublin 1 SARL, owners of the Aparto student accommodation on Upper Dorset Street, obtained a temporary injunction against The Long Island Bar operator Mr Edward Walsh. The court heard that on 17 July, men associated with Walsh had crossed a boundary wall, erected wooden hoarding in the accommodation's yard, and blocked access to a bike shed. River Dublin claimed the hoarding unlawfully appropriated part of the yard. Walsh's solicitors alleged that the accommodation was trespassing on Walsh's leased property, a claim denied by River Dublin and unsupported by documentation. The injunction, granted ex‑parte by Justice Leonie Reynolds, prohibits Walsh, his servants and agents from trespassing on the accommodation, from removing the hoarding, and from reinstating fencing. It also bars Walsh from preventing the removal of the hoarding. The case is set to return to court next week.
Ms Justice Leonie Reynolds adjourned a High Court application by KBC Bank for an injunction requiring the McGann family to vacate their home at Falsk, near Strokestown, Co Roscommon. The matter was not concluded and will be heard next term due to judicial availability difficulties. KBC seeks an order requiring siblings Michael Anthony, David, and Geraldine McGann to leave the property, which is subject to a loan agreement where Michael Anthony McGann is the registered owner and owes approximately €431,000. The application is opposed. Counsel for the applicants, David Browne BL, instructed by solicitor Donnacha Anhold, argued the hearing would take longer than KBC estimated and requested that related proceedings brought by David McGann be consolidated. David McGann's separate action challenges the validity of the possession order obtained by KBC and seeks orders preventing interference with the property. Ms Justice Reynolds granted permission to seek consolidation of the two cases. Michael Anthony McGann was absent, and no representations were made on his behalf. The family was previously evicted in December following the execution of a 2012 possession order, an incident that drew national attention after security personnel were attacked. KBC commenced these injunction proceedings in May, noting that Gardaí have cleared the bank to proceed.
In a High Court case, residents of Coldwater Lakes, Saggart, Rathcoole, Dublin, argue that Burnella Cottage Ltd., a management company set up by the Mansfield family in 2002 to oversee the estate's common areas, failed to perform its duties and did not collect management fees. They claim they should be members of Burnella so they can manage the common areas, asserting that they have been paying the costs themselves for years. The residents say the company's directors—James Mansfield Junior, Patrick Mansfield, and Anthony Mansfield—intentionally disregard residents' interests and aim to appropriate the common areas. The defendants deny the allegations, stating the residents lack standing as they are not members or directors of Burnella and that the residents do not have good marketable title to their properties. A preliminary motion was heard by Ms Justice Leonie Reynolds, who adjourned the case to November after the defendants requested time to consider the matter.
A solar‑power company, Welink Investment Holdings Ireland Ltd, settled a High Court action that sought to stop another firm, Sustainable Development Capital LLP, from filing a petition to wind it up over a disputed €1.2 million debt. Earlier in the week, Welink had secured a temporary injunction preventing the defendant from taking steps to have the plaintiff wound up. The case returned before Ms Justice Leonie Reynolds on Thursday, where Welink's counsel, Stephen Dowling BL, informed the court that the parties had reached a settlement and that the action could be struck out on consent. No settlement details were disclosed. Welink, part of a group of solar‑energy companies with 87 employees, denied the debt and said it was fully solvent. The defendant had threatened to seek winding‑up if the debt was not paid, a move Welink said could damage its reputation and hinder future projects and investment.
In a 2019 decision, Ms Justice Marie Baker upheld a High Court ruling that a Garda officer was not required to offer a choice of language for breathalyser statements. The case involved Westmeath man Gerard Maher, who was arrested in 2015 for driving with excess alcohol. Maher's lawyers argued that he had a right to be informed that the breathalyser could print statements in Irish or English, and that the absence of such a choice made the statement inadmissible. The High Court found no obligation for the Garda to provide a language choice and that Maher, an English speaker, suffered no detriment. Justice Baker described the arguments as technical and noted that the conviction for driving while intoxicated carries significant consequences. The Court of Appeal agreed with her decision.
Receiver Mr Ken Fennell brought proceedings in the High Court against Mr Arthur O'Neill, alleging contempt of an injunction granted last March that restrained O'Neill from entering or interfering with a property in Askinvillar Upper, Kiltealy, Enniscorthy, Co Wexford. Fennell claimed O'Neill re-entered the property, prevented the receiver from taking possession, and listed the premises for rent on various websites without consent. The receiver, appointed by Promontoria (Finn) Ltd in 2017 following an alleged failure to repay a €2m loan, sought O'Neill's attachment and committal to prison. Ms Justice Leonie Reynolds had previously warned O'Neill that non-compliance would result in jail. The matter had been adjourned to Tuesday's sitting of the High Court, to allow Mr O'Neill to consider his position and obtain legal advice. On Tuesday, O'Neill gave a sworn undertaking before the judge to comply with the orders, though he raised concerns regarding tenants with leases. Ms Justice Reynolds stated that any issues concerning purported leases were for another day, as the court was solely concerned with the contempt issue. The judge adjourned the matter to Friday to verify if the orders were complied with. O'Neill avoided immediate imprisonment by agreeing to abide by the court orders.
In a High Court hearing on 16 July 2019, Welink Investment Holdings Ireland Ltd obtained a temporary injunction preventing Sustainable Development Capital LLP from filing a petition to wind it up over a disputed €1.2 million debt. Welink, a solar‑power company with 87 employees, denied the debt and claimed it was fully solvent. The defendant had warned that it would seek liquidation if the debt was not paid. Welink's counsel argued that the dispute should have been resolved in UK courts and that the defendant had failed to provide undertakings not to pursue a winding‑up petition. The injunction, granted ex‑parte by Justice Leonie Reynolds, was made returnable later that week, and the judge encouraged the parties to consider mediation.
In a High Court hearing on 16 July 2019, Justice Leonie Reynolds granted an injunction requiring the occupants of a three‑storey Georgian building at 42 and 43 Blessington Street, Dublin 7, to vacate by 6 pm that evening. The building, owned by Deck Building Services DAC, KDM Construction Ltd and Clonmel Enterprises Ltd, is slated for conversion into an apart‑hotel. The judge cited health and safety concerns, noting the property lacked a fire safety certificate and was uninsured because of the illegal occupation. No occupants appeared in court and no representations were made on their behalf. The owners, represented by Padraig D Lyons BL, argued that the occupants were aware of the proceedings and that the owners were entitled to the injunction. Earlier that month the premises had been unlawfully occupied, with occupants such as 'Oliver Rabbite' and 'Mouse' refusing to leave despite being asked by the owners' agents.
In a High Court dispute, Fr Michael O'Leary, a Catholic priest facing drug charges in the United States, and his brother Mr John O'Leary are sued by their siblings Ms Nora Harpur, Mr Barry O'Leary, Mr Tadgh O'Leary and Ms Marie O'Leary. The siblings seek to set aside their late mother Elizabeth O'Leary's 2009 will, alleging undue influence and that she was not of sound mind when it was executed. They also request discovery of Fr O'Leary's bank account records from 2006 to 2010, citing two €5,000 transactions in 2009 that they consider suspicious. Fr O'Leary's counsel argues the discovery request is overly broad and that the bank had already closed the relevant accounts in January 2018. Mr Justice Senan Allen dismissed the discovery application, noting it was a "fishing expedition," and adjourned the case to October, giving Fr O'Leary six weeks to comply with a prior agreed discovery of a joint account.
In a High Court hearing on 11 July 2019, Mr James Carney, a part‑owner of a horse sold in 2011, apologised to the court for social‑media posts about Goffs Bloodstock Sales Ltd. He admitted the posts were unfounded and pledged not to repeat such conduct. Carney withdrew complaints he had made to professional bodies, including the British Horseracing Authority. Goffs, represented by Robert J. Goff and Co, Goffs Bloodstock Sales Ltd, Goffs UK Ltd, and CEO Mr Henry Beeby, had sued Carney for defamation, claiming the posts damaged the firm's reputation and sought damages. The parties reached a settlement, with Carney agreeing to delete all relevant posts, remove a Twitter account, withdraw complaints to regulatory bodies, and refrain from future complaints. The judge adjourned the case with liberty to re‑enter.
In a High Court hearing on 11 July 2019, Justice Leonie Reynolds issued orders against farmer James Scully, who had removed cattle from 156 acres of Thornton Hall land in North County Dublin earmarked for a proposed prison. The Minister for Justice, represented by David McGrath SC and Elizabeth Donovan BL, alleged that Scully had grazed livestock on the land for several months without permission, a claim Scully denied and said he had removed all animals. He also claimed other people's livestock had been grazing there. The judge noted Scully had removed his animals but ordered him to refrain from any further trespassing and to keep all livestock off the Minister's property. She rejected any claim that permission had been granted and warned that the cost of removing stray animals would be very high. The land, owned by the Minister, has seen significant state investment and security works, yet Scully's continued presence prompted the legal action.
In a High Court case in Co Wexford, Judge Leonie Reynolds gave Arthur O'Neill a week to decide whether he would comply with an injunction that prohibits him from entering or interfering with a property in receivership at Askinvillar Upper, Kiltealy, Enniscorthy. The injunction, issued by Mr Justice Senan Allen in March, was described by the judge as "crystal clear" and "written in plain language." O'Neill, who represented himself, argued that the order did not reflect Justice Allen's statements and raised questions about alleged leases on the property. John Kennedy BL, counsel for receiver Mr Ken Fennell, said no valid leases existed. Reynolds rejected O'Neill's arguments, stating there were no errors in the order, and warned that failure to comply could result in jail. She granted an adjournment to allow O'Neill to arrange his affairs and urged him to seek legal advice before the matter returns to court.
The owners of a three‑storey Georgian building at 42 and 43 Blessington Street, Dublin 7, have filed a High Court application to remove unknown alleged trespassers. The property, owned by Deck Building Services DAC, KDM Construction Ltd and Clonmel Enterprises Ltd, had been vacant and is now intended to be converted into an apart‑hotel. Earlier this month, the owners claimed the premises was unlawfully occupied by several unknown persons. The locks were changed, and two occupants identified themselves as 'Oliver Rabbite' and 'Mouse'. They were asked to leave but asserted they had permission to stay, had no alternative accommodation and would not vacate. The owners argue the building is unsafe, does not meet building regulations, and planned works are needed for fire safety compliance. The court granted the owners permission to serve short notice to the occupants and the matter will return next week.
In July 2019 the Minister for Justice brought High Court proceedings against farmer Mr James Scully of Kilreesk Lane, St Margarets, Co Dublin, over alleged trespassing of his cattle on 156 acres of land known as Thornton Hall, owned by the Minister. The land had been earmarked for a proposed 'super prison' and the State had spent over €50m on the site since 2005. A sworn affidavit stated that Scully's livestock had been grazing there for several months, and that in February the Irish Prison Service was notified that cattle had strayed onto a neighbouring property and onto a road, almost causing a collision. The Minister had spent €21,000 on fencing, gates, bollards and repairs to neighbour lawns.
Barry McArdle, 33, of Drimnagh, was released from Dublin custody after the High Court declared a European Arrest Warrant issued by the Dutch Public Prosecutor invalid. McArdle had previously been sentenced to two years in the Netherlands for disposing of the body of Keith Ennis, 29, and had served that sentence while on remand. He was also convicted of manslaughter by the Amsterdam Court of Appeal in 2018, receiving a 13‑year sentence. The warrant, issued in January, led to his arrest on 3 May and remand. The High Court refused bail and, citing EU law, ruled the warrant invalid because it was issued by an authority not recognised as a judicial body. Justice Tara Burns ordered McArdle's immediate release, and he walked free from court. The Court of Appeal later upheld the High Court's refusal of bail, noting the warrant remained valid until the High Court's ruling. The case remains pending before the Dutch Supreme Court.
A Co Wexford man, identified as Arthur O'Neill of Marshallstown, Enniscorthy, faces potential imprisonment for alleged contempt of a High Court order. The matter, currently at the sentence stage, involves a claim by receiver Ken Fennell that O'Neill breached an injunction granted by Mr Justice Senan Allen last March. The order restrained O'Neill from entering or interfering with a property in receivership at Askinvillar Upper, Kiltealy, Enniscorthy. Fennell alleges O'Neill has advertised the property for rent on various websites, re-entered the premises after agents secured it, and maintained control with supporters, including Yellow Vest movement members. It is claimed O'Neill wrote to Fennell refusing to hand over possession and posted a video acknowledging the breach. Although O'Neill has appealed the injunction, no stay was granted. Ms Justice Leonie Reynolds granted permission on an ex-parte basis for a motion seeking O'Neill's attachment and committal. The court heard that Fennell's agents have been unable to regain possession and have faced threatening comments online. The matter was adjourned, with the judge making it returnable to next week.
A High Court judge has requested an update from An Garda Síochána regarding efforts to locate a financial advisor accused of misappropriating investor funds and breaching court orders. Ms Justice Leonie Reynolds made the request on Friday concerning James Doherty, believed to be in the United Kingdom but thought to return to Ireland intermittently. The court has previously issued orders freezing Mr Doherty's assets and those of two related companies over an alleged failure to return €159,000 advanced as an investment. Judgement for that sum was granted in favour of Jamie Murphy, who claims Mr Doherty, trading as Demvera Capital Partners, used the money for personal purposes rather than the intended investment in a care company. Mr Doherty has not attended court proceedings nor complied with orders to disclose his assets. A related company is registered at Burnfoot Business Park in County Donegal. The case was adjourned for two weeks, with the judge indicating gardaí may provide their update either in person or by sworn statement.
Tipperary County Council has initiated High Court proceedings to compel members of the Travelling Community to vacate an unofficial halting site at Cabragh Bridge, Thurles. The council claims the presence of eight individuals—William McCarthy, Elizabeth McCarthy, Mary Ellen McCarthy, Jimmy McCarthy, John McCarthy, Winnie McCarthy, Belinda O'Reilly and Ned O'Reilly—constitutes a public nuisance. It seeks an injunction requiring the defendants to remove their mobile homes, vehicles and caravans from the bridge and to cease obstructing the roadway. The council also requests an order that the defendants vacate and refrain from residing on or near Cabragh Bridge, which it deems an inappropriate place to live. The bridge was formerly part of the R659 but is no longer part of that route. The council has offered alternative accommodation in a six‑unit group housing scheme, but the defendants, who moved to the site between 2015 and September 2018, will not be accommodated there.
Anthony Moore, a 53‑year‑old retired soldier who served 25 years in the Defence Forces, withdrew a High Court claim against the State. He had alleged that the anti‑malaria drug Larium (mefloquine hydrochloride) prescribed to him during deployments in Liberia (2005‑2006) and Chad (2008) caused severe mental and physical health problems, including pain, stomach cramps, hallucinations, sleep deprivation and family difficulties. Moore's action, which began in late June, was directed at the Minister for Defence, Ireland, and the Attorney General, who denied negligence. After discussions with Mr John Gordon SC, Moore informed Justice David Keane that the case would be struck out, the action withdrawn, and no costs order made. The State had argued the claim should be struck out due to Moore's delay in bringing the action.
In a High Court case, Judge Michael White expressed concern over the link between young offenders and exposure to pornography on smartphones. The case involved a 17‑year‑old boy who sexually exploited his younger cousins. The boy's lawyer testified that the defendant had accessed porn from a very early age. The boy and his cousin engaged in non‑penetrative sexual contact from around 2011 to 2016, beginning when the cousin was about nine or ten. He pleaded guilty to sexual exploitation of a child in 2015 and to anal rape of the cousin in January 2016. He also admitted to consensual anal sex with a male cousin, who was four months younger, up to ten times. The court noted no coercion. The case was adjourned for sentencing, and the judge highlighted this as the fourth instance he has seen where young children's serious offences stem from early porn exposure.
KBC bank has sought an expedited hearing of its High Court application for an injunction requiring three siblings to vacate their home near Strokestown, County Roscommon. The bank seeks an order for Michael Anthony, David and Geraldine McGann to leave the property at Falsk, which was subject to a possession order obtained in 2012. Michael Anthony McGann is alleged to have fallen into arrears on a loan totalling approximately €431,000, with the last repayment recorded in February 2014. The eviction was executed in 2018 and subsequently gained national attention following a security incident. David and Geraldine McGann have opposed the application through their legal representatives. David McGann has separately commenced related proceedings challenging the validity of the possession order's execution. Ms Justice Leonie Reynolds adjourned KBC's injunction application for two weeks, indicating that no hearing date would be fixed until relevant documents were exchanged and the case was ready to proceed.
Cornelius and Sally Moloney, owners of a filling station and rental businesses in Mountrath, Co. Laois, have filed High Court proceedings to stop financial fund Promontoria (Aran) Ltd and receiver James Murphy from selling the business. They seek injunctions to prevent any sale or disposal of the filling station and related businesses, and to restrain any removal of equipment. The couple argue that the proposed sale price of €925,000 is a significant undervalue, especially since a third party offered €1.025 million, an offer they wish to accept. They claim the receiver has not advertised the property to obtain the best price and that the receiver intends to proceed with the €925,000 sale. The couple also allege that the receiver's duty is to secure the highest possible return to reduce their debt, which arose from a loan taken from Ulster Bank that was later acquired by Promontoria.
The family of James Clancy, a 80‑year‑old Co Offaly man killed in a hit‑and‑run on Patrick Street, Tullamore on 1 December 1987, has filed a High Court damages action against the State. No one was ever charged in the incident. Joseph Clancy, acting as personal representative of his father's estate, sued the Garda Commissioner, the Minister for Justice and the Attorney General. The claim was lodged earlier this week. A retired District Court Judge, Mary Collins, investigated the original Garda inquiry and found that the investigation into an unsubstantiated allegation that Garda members were involved was reasonable and adequate, but criticised the Garda for an unacceptable lack of communication with the family. The family has endured unanswered questions and distress for 30 years. Mr Clancy's son seeks a declaration that the defendants breached James Clancy's constitutional and European Convention rights, and damages for alleged negligence, breach of duty and misfeasance in public office.
In a High Court case, Mr Justice Michael White announced he would issue a written judgment on July 11 regarding a rape victim's request to waive her anonymity. The case involves a 41‑year‑old Wicklow man who was convicted last month of repeated sexual attacks on a child who was about nine at the time. He pleaded not guilty to four counts of rape and two counts of indecent assault between 1987 and 1989. Mr Justice White had imposed a seven‑year sentence and, at the trial, ordered that the identities of both parties remain unpublished at the DPP's request. The DPP now seeks to lift that order so the victim's name can be disclosed, while the defence argues there is no legal basis to remove the anonymity. The judge noted the seriousness of the issue and the need for a written decision, though he may be delayed by a busy docket.
Petronel Pal, 36, was arrested in Dublin on May 3 after a second attempt to secure bail was denied. He is wanted in Romania for aggravated murder, attempted aggravated murder and aggravated robbery committed on April 10, 2014, when he and others allegedly broke into the apartment of Virgil Busa, 37, at Academy Square, Navan. Busa was violently assaulted and died three days later. The alleged crime group, headed by a relative of Pal, is said to have used extreme violence and stolen a laptop, tablet, mobile phone and rucksack. Pal has eight prior convictions in Ireland, including possession of equipment for making false instruments and handling stolen property, which the Gardaí cited as evidence of a flight risk. The High Court refused bail, and the Court of Appeal upheld that decision, citing Pal's record and potential for absconding. Pal's lawyer noted that extradition proceedings will involve significant legal issues, including extra‑territoriality. The case remains pending.
In June 2019 a temporary injunction that had barred the owners and former operators of the Hole in the Wall Pub in Galway from transferring possession of the premises to anyone else was lifted after the parties reached an agreement. The injunction had been granted earlier in the month in favour of 15 former employees who had been dismissed abruptly in April when the pub closed. They had brought High Court proceedings alleging unlawful termination and had obtained an interim injunction against the pub's owner, Stephen Fahy, and his company, Stephen Fahy Ltd. The court, hearing the case on Thursday, was told by the defendants' counsel that the injunction could be removed if the parties consented and replaced with an undertaking. The defendants agreed that if the pub were leased to another party they would inform the plaintiffs within seven days of the lease's execution.
In a High Court hearing on 27 June 2019, the FAI and the ODCE agreed on a methodology to assess whether certain documents supplied by the FAI to the ODCE are legally privileged. The ODCE has requested the court to examine these documents as part of its investigation into "certain matters" concerning the association. The applications, made under the 2014 Companies Act, were presented to Ms Justice Leonie Reynolds. The documents in question are minutes of FAI board meetings from February 2016 to March 2019. The FAI claims privilege over extracts that include legal advice from its interim CEO, Ms Rea Walshe, on sponsorship agreements, potential liability, internal investigations, disciplinary matters, and licence applications. The ODCE has accepted that Ms Walshe was the association's legal advisor at the relevant times. Justice Reynolds welcomed the parties' constructive engagement, noted progress, and adjourned the matter to late July, urging any further applications to be made promptly.
In June 2019, Mr Philip Rattle, managing partner of August Equity LLP, secured a High Court Norwich Pharmacal order against Microsoft Ireland Operations Ltd to obtain details of the person behind a Twitter account that he claims impersonates him. Rattle alleges the account, created in September 2018 using an outlook.com email, has posted defamatory tweets that portray him as racist, anti‑semitic and a bigot, and that it has caused serious damage to his reputation and privacy. He says the account has made false claims about him and his firm, and that it has prompted him to install CCTV at his London home. The court granted the order on consent, requiring Microsoft to provide the name and address of the individual or individuals operating the email account. The case highlights Rattle's claim that the account is part of a smear campaign against him and his investors.
In a High Court hearing on 25 June 2019, the neighbours of 91‑year‑old widow Patricia Rochford agreed to remove a cement barrier that she said blocked her access to Adelaide Road. Rochford, who lives in the basement of her home and uses a wheelchair, had obtained a temporary injunction requiring the owners of a nearby office property – Mr Morgan Crowe, Ms Brid Large and Ms Mary Irving – to take down the obstruction. The barrier, located on a laneway behind the properties, had been erected by workers on behalf of Mr Crowe and included a 9‑ to 12‑inch step that Rochford claimed made the laneway impassable. During the hearing, Mr Crowe's solicitor, John Larney, expressed sympathy for Rochford and confirmed that his client would remove the barrier within a week.
The High Court has adjourned a will dispute involving Fr Michael O'Leary and his siblings, Nora Harpur, Barry O'Leary, Tadgh O'Leary, Marie O'Leary, and John O'Leary. The plaintiffs seek to set aside the 2009 will of their late mother, alleging she was not of sound mind and was subject to undue influence. Fr O'Leary, who is on bail in New York facing alleged criminal possession of a controlled substance with intent to sell and two counts of criminal use of drug paraphernalia, has not entered a plea. His American lawyer advised that the criminal charges are adjourned until early July and unlikely to be disposed of until October. While his bail does not currently prevent travel to Ireland, he could face a custodial sentence if convicted, which would bar him from travelling until served. Ms Justice Leonie Reynolds adjourned the matter to inquire if a judge could be available in July before the summer vacation. The court noted that Fr O'Leary completed a rehabilitation programme and contacted his Irish lawyers. The plaintiffs expressed concern regarding his availability to give evidence, asking if video link testimony was possible. The claims against the defendants are denied.
A legal challenge by 23 South Dublin residents against a decision to grant planning permission for the redevelopment of a building near their homes has been admitted to the fast-track commercial court list. The residents from Dartmouth Square in Ranelagh, Dublin 6 secured permission from the High Court to seek to quash An Bord Pleanála's approval for an office redevelopment project at the old Carroll's building on Grand Parade near their homes. They claim significant alterations were made to the original plan and say there was a failure to notify the public that works to provide for a future Metro station would be incorporated into the development. Grand Parade Trading Co was granted permission in April to refurbish the existing eight-storey Carrolls Building, which is a protected structure on the 1.4-acre site. Several warehouse buildings to the south of that building will be demolished and replaced with another three-to-six storey office building, which will be connected to the existing building with a six-storey glazed atrium. At the High Court on Monday, the case was admitted to the fast-track commercial court list by Mr Justice Robert Haughton. Grand Parade Property Trading Company, which is a joint venture between the Peterson Group and Hines group, sought to have the matter admitted to the list. Eamon Galligan SC, for Grande Parade, said the application to fast track the case was being made because any delay on the project would have an adverse effect on his client's commercial arrangements. Lawyers for the residents opposed the application on grounds including that it was 'unnecessary'. After admitting the case to the list, the matter was adjourned to a date in November.
The High Court heard that an 18-year-old woman, made a ward of court last year, requires ongoing supports following disclosures of alleged sexual abuse by more than 12 males before she was taken into care at age ten. Mr Justice Peter Kelly stated the court's door remains open for her to attend a review in October if her treating team deems it medically appropriate. The judge strongly recommended that a named care unit employee, in whom the woman places strong trust, remain involved in her care if feasible. He also authorised the general solicitor for wards of court to take legal action against the HSE and Child and Family Agency over alleged failures to protect her. Senior counsel Sara Moorhead's opinion described the situation as a "horror story" and an "appalling failure of duty" by State institutions. Criminal proceedings are pending against the woman's mother and maternal grandfather arising from the disclosures. The court was informed of concerns regarding an escalation in self-harming behaviour and the psychiatrist's view that her current psychiatric unit is not a suitable long-term placement. Orders were made to facilitate her gradual transition to a residential care unit providing a range of therapies.
A retired 53‑year‑old soldier, Anthony Moore, appeared before the High Court to claim that he should never have been prescribed the anti‑malaria drug Larium (mefloquine hydrochloride) while serving overseas. Moore, who served 25 years in the Defence Forces, says he was deployed to Liberia in 2005‑2006 and Chad in 2008, and that after his deployment to Liberia he began to suffer physical pain, stomach cramps, hallucinations and sleep deprivation, which he attributes to the drug. He also alleges that his family life was affected. Moore has brought a personal injuries damages claim against the Minister for Defence and the Attorney General, alleging negligence and a failure to take reasonable precautions. The defendants deny the claims and argue the action should be struck out, citing Moore's delay.
In a High Court case, Abu Dhabi businessman Mr Abdullah Rashid Ahmed Almana Mansoori sued Mr Kenneth Smith and Ms Laura Churchard of Hawkslodge, Toolestown, for alleged breaches of a falcon breeding agreement. Mansoori seeks an injunction to stop Smith from supplying falcons to others, damages, a declaration that Smith's termination of the breeding contract in January was invalid, and that Mansoori owns the breeding stock. He also wants a declaration that Churchard holds certain Co Wicklow lands in trust for him and that she transfer them. Smith's counsel argues the contract was lawfully terminated and that the alleged agreement was invalid. The case, which has been adjourned multiple times, was briefly heard by Mr Justice Senan Allen, who noted the dispute will go to mediation soon. An undertaking by Smith to refrain from supplying falcons to others remains in place until after mediation, and the matter is adjourned to early July.
The High Court has been asked to consider a dispute between Clare County Council and Bernard and Helen McDonagh over the Ashline site on Kilrush Road, Ennis. The McDonaghs say they have a tenancy at the site, having moved their caravans there in November 2017, and that the council wrongfully breached that tenancy by surrendering it in 2012 after a fire. They argue the council failed to fulfil its statutory duties to provide Traveller‑specific accommodation and that it acted without political will or funding. The council, represented by James Connolly SC, counters that the McDonaghs unlawfully moved their caravans onto the site after the council removed bollards, and that the site was unsafe and uninsurable after arson attacks. The council seeks possession of the land and a permanent injunction preventing the McDonaghs from using the site, and also seeks orders to remove them from other Ennis locations deemed unsuitable.
Peter Conlon, the former boss of the collapsed charities fundraising service Pembroke Dynamic, appeared before the High Court to contest proceedings brought by the firm's liquidator, Myles Kirby. Conlon, who represented himself, sought an injunction freezing his assets below €3.8m to be lifted. The liquidator alleges that approximately €3.8m in donations to dozens of charities was misappropriated by the Dublin firm and seeks orders making Conlon personally liable for the company's debts. Conlon admitted to embezzlement in Switzerland, where he pleaded guilty to using almost €4m intended for charities to fund his technology company. He was sentenced to four years in prison, with three years suspended, and was released in December after serving one year. Conlon claimed he confessed under severe mental pressure and expressed dissatisfaction with the service of documents and his inability to access company emails. Counsel for the liquidator rejected these criticisms, stating that all but one of 89 relevant documents had been provided. Ms Justice Reynolds adjourned the case to late July to allow for the exchange of a statement of claim and a defence. The freezing orders remain in place, and the judge advised Conlon that lifting them requires a formal application, which the liquidator intends to contest.
In a High Court case, Abdullah Rashid Ahmed Almana Mansoori of Abu Dhabi has sued Kenneth Smith and Laura Churchard of Hawkslodge, Toolestown, Dunlavin, Co Wicklow, over a falcon breeding dispute. Mansoori seeks an injunction to stop Smith from supplying falcons to anyone other than himself, an order for damages, and a declaration that Smith's alleged termination of a breeding agreement in December is invalid. He also wants a declaration that he owns the breeding stock held by Smith and that Churchard holds certain Wicklow lands in trust for him, with an order to transfer those lands to him. The case was briefly heard ex‑parte by Justice Leonie Reynolds, who allowed Mansoori's lawyers to serve notice by post and email after difficulties in personally serving the defendants, who were found to be ordinarily resident at their premises. The matter was set for a return hearing next week.
Kerry County Council has agreed to quash a planning decision granted to Healy Rae Plant Hire Limited, a company owned by Independent TD Danny Healy-Rae, following a High Court challenge. Environmental campaigner Peter Sweetman, represented by Margaret Heavey BL and solicitor Aoife O'Connell, launched the action last July to set aside the Council's June permission to raise a field in Kilgarvan with construction and demolition waste. The proceedings, which were adjourned on several occasions, were briefly mentioned before Mr Justice Seamus Noonan on Thursday. The judge noted that the action had been resolved after the Council agreed to quash the decision. Healy Rae Plant Hire Ltd was a notice party but took no part in the proceedings. Mr Sweetman was granted the costs of the complex action. In his claims, Mr Sweetman alleged that the developer obtained permission to place over 50,000 tonnes of inert waste on a 1.8-hectare field with peaty soils, claiming the Council failed to consider the need for a waste licence or environmental impacts such as leachate and gas. He further alleged the decision contravened the Kerry Development Plan without an Environmental Assessment or Appropriate Assessment, despite the site's proximity to Killarney National Park Special Protection Area. The part of the judicial review involving the State became moot after the Council agreed the planning decision could be quashed.
In a High Court hearing, lawyers for a convicted child rapist argued that rape victims could be prosecuted if they reveal their own identity. The case concerns a 41‑year‑old Wicklow man convicted in March of repeated sexual attacks on a child who was about nine at the time. He pleaded not guilty to four counts of rape and two counts of indecent assault between 1987 and 1989, and was sentenced to seven years by Mr Justice Micheal White, who also imposed an order preventing publication of either party's identity. The Director of Public Prosecutions (DPP) now seeks to lift the victim's anonymity so the abuser can be named. Defence counsel argues there is no legal basis for removing anonymity, citing the 1981 (Rape) Act's provisions that protect complainants from identification. The court will issue a written judgment on June 28 after receiving submissions from both sides.
In a limited appeal, the State Examinations Commission (SEC) and the Minister for Education and Skills won against parts of a High Court decision that had allowed student Rebecca Carter to enrol in veterinary medicine at UCD. The Court of Appeal, comprising Justices Peart, Baker and Brian, held that the High Court had incorrectly found an unenumerated constitutional right to higher education, a claim not raised by Carter. The Court noted that the High Court had no jurisdiction to decide on such a right because the parties who could address it were not before the court. The ruling does not affect Carter's place at UCD or her legal costs. The High Court had earlier found the appeals process unfair and urged the Minister to review it. The SEC's appeal also challenged the High Court's findings on the appeal system's rationality and fairness, which the Court upheld as erroneous.
Allianz secured a High Court injunction against Tessline Ltd, an Irish financial services company under Central Bank warning and Gardai investigation. Allianz alleged Tessline misled customers by presenting falsified insurance documents and social media posts claiming an insurance contract with Allianz, including a video by co‑founder Iain Cameron stating a $1 billion coverage. Allianz said it never insured Tessline and requested removal of the material; Tessline failed to comply, prompting court action. The injunction, granted by Justice Leonie Reynolds, bars Tessline from using or displaying falsified certificates linking Allianz, and from any advertising or promotional activity referencing Allianz or its trademarks. Tessline did not oppose the application. Allianz also sought orders against Google Ireland, Facebook Ireland and Pinterest Europe to remove related content, which were complied with. The case remains an ongoing fraud matter.