Two separate High Court challenges have been launched against An Bord Pleanala's decision to grant planning permission to Coole Windfarm Ltd for a 13-turbine wind farm near Coole, Co Westmeath. The first action, brought by the North Westmeath Turbine Action Group and its company entity, alleges the decision is inconsistent with EU directives on Habitats and Environmental Impact Assessments. Counsel Michael O'Donnell BL argued that the exact route of a 25km grid connection was not definitively provided, meaning no compliant EIA was conducted for that route. He further stated that no proper notice of the high-voltage connection route was published and landowner consent was not obtained. O'Donnell noted the turbines, with a tip height of 175m, are almost three times the height of Liberty Hall in Dublin. The second action, brought by environmental campaigner Peter Sweetman, claims the board failed to properly consider continuing peat extraction operations on part of the site for EIA purposes. Counsel James Devlin SC also raised concerns regarding the potential impact on the local bat population. Both applicants seek orders quashing the board's decision. Mr Justice Seamus Noonan granted permission to bring these challenges on an ex-parte basis. The matter was adjourned, with both actions made returnable to a date in late July.
A 20‑year‑old Dublin man, Conor Freeman, was arrested in Glenageary Court, Dun Laoghaire, on a U.S. warrant for alleged hacking theft of more than $2 million in Bitcoin and other cryptocurrencies. The U.S. authorities charge him with one count of conspiracy to commit wire fraud, four counts of aiding and abetting wire fraud and four counts of aiding and abetting aggravated identity theft. If convicted in the U.S., he faces up to 108 years in prison. Freeman was granted bail by the High Court on a bond of €5,000 with an independent surety of €15,000. He must not apply for travel documents, use technology such as a smartphone, go online, contact co‑accused, and must sign daily at Dun Laoghaire Garda Station. He is remanded on bail until July 1, when the case is next listed for mention. The U.S.
Tomas Heneghan, a 27-year-old resident of East Wall, Dublin 3, brought a High Court judicial review challenging an Irish Blood Transfusion Service (IBTS) policy that defers blood donations from men who have sex with men for 12 months. Heneghan claims the blanket deferral is unlawful, irrational, and discriminatory, arguing it breaches European Union Law, the European Convention on Human Rights, and his Constitutional rights. He contends that a less restrictive measure, such as a short window period for HIV and hepatitis detection, would adequately protect blood recipients. Heneghan seeks to quash the IBTS decision, obtain a declaration that the policy is unlawful, and claim damages. The application was heard by Mr Justice Seamus Noonan, who granted Heneghan permission to proceed on an ex-parte basis. The judge adjourned the matter to a date in July. Heneghan previously challenged the permanent ban on gay blood donations, which was withdrawn in 2016 after the Government removed the restriction. The current case focuses on the 12-month deferral policy, which Heneghan argues is disproportionate and fails to assess individual risk effectively.
In a High Court hearing, ER Travel Ltd, trading as Easirent.com, alleges that the Dublin Airport Authority (DAA) is preventing it from collecting customers at the airport, threatening the business's survival. Easirent, which began operations in 2016 and employs 33 people, claims it transports customers from the airport to its offices 2.1 km away for car pick‑up. The DAA denies the claims, stating Easirent is conducting an unlicensed activity that breaches airport bye‑laws. Easirent seeks damages and an injunction to stop the DAA from blocking access to the airport car park, a request the court will consider before Mr Justice Tony O'Connor. The DAA, represented by James Doherty SC, argues it has repeatedly warned Easirent of its bye‑law breaches and denies allegations of police intimidation. The case is scheduled to continue next week.
Two secondary school teachers from Roscommon Town have initiated High Court judicial review proceedings challenging their redeployment. Aisling McTiernan and Aimee Costello, who have each taught at Meán Scoil Muire Gan Smál for over a decade, were selected for redeployment following a Department of Education and Skills circular issued after the school was deemed to have excess teaching staff for the 2019/20 academic year. The teachers appealed the decisions to the school's board of management but were unsuccessful. In their proceedings against both the Minister for Education and the board of management, they contend the redeployment breaches departmental circular requirements, constitutes a breach of fair procedures, and is irrational and unreasonable. They specifically allege the Minister failed to base decisions on accurate audit data and did not provide rationale for determining certain subjects surplus to requirements. The teachers seek orders quashing both the ministerial decision and the board's refusal of their appeals, together with damages. Mr Justice Seamus Noonan granted permission on an ex-parte basis and remitted the matter to July.
A Fine Gael councillor, Ted Leddy, 32, who holds the Castleknock seat once held by Leo Varadkar, settled a defamation action against Sinn Féin activist Alan Donnelly. The dispute arose from Donnelly's Facebook post on 12 July 2018, which Leddy said was false, untrue, and caused him death threats and other negative comments. At the High Court, Donnelly read a statement in which he unreservedly apologized to Leddy, acknowledged the post was entirely untrue, unwarranted and without foundation, and apologized for any distress caused to Leddy, his partner and family. He also confirmed payment of €19,750, covering Leddy's legal costs, and agreed to post an apology and clarification on his social media pages. Donnelly undertook to remove all defamatory posts within 24 hours, post a statement on his Facebook newsfeed for 30 days, and cease further defamatory remarks. The court accepted the settlement terms and allowed Leddy to re‑enter the case if necessary.
The High Court heard a judicial review challenge brought by the Donegal-based Lough Swilly Wild Oyster Society Ltd (LSWOS) regarding aquaculture licences for Pacific oysters in Lough Swilly. LSWOS, representing native oyster fishermen, claims the licences granted to Alan O'Sullivan and the Lough Swilly Shellfish Growers Co-Operative Society Ltd lack proper controls, resulting in an "environmental disaster" where untended foreign oysters have eroded native fishing grounds. The applicants argue the Minister for Agriculture, Food and Marine's decision, upheld by the Aquaculture Licence Appeals Board, is flawed due to procedural unfairness, including the refusal of an oral hearing and reliance on outdated data contrary to the EU Habitats Directive. LSWOS seeks orders quashing the Minister's and Appeals Board's decisions, a declaration of breach of natural justice, damages, and a stay on the licences. The matter was made returnable to a date in July following permission to bring the challenge granted on an ex-parte basis by Mr Justice Seamus Noonan.
High Court proceedings brought against RTE by independent candidate Eamonn Murphy in the European Parliament Elections have been withdrawn. Murphy had previously taken action over RTE's decision to exclude him from a live debate scheduled for May 20th and its refusal to broadcast a one-minute video clip he submitted. During the call-over, Murphy informed the court that he was withdrawing the case following correspondence with RTE, stating he had received 'undertakings' from the broadcaster. However, RTE's counsel, Niamh Hyland SC, denied that any undertakings had been given. Ms Justice Leonie Reynolds then struck out the case. This action was one of two brought by independent candidates against RTE over its decision not to include them in the live TV debate. In a separate case, Mr Justice Senan Allen dismissed a legal challenge brought by Ben Gilroy, another independent candidate running in the Dublin Constituency. Gilroy had sought declarations that RTE's exclusion of him from the debate was unfair and undemocratic, claiming it breached Broadcasting Authority of Ireland regulations. The judge ruled that Gilroy's proceedings had 'no legal basis' and were an attempt to enhance his electoral prospects. RTE denied the claims, stating its selection criteria were fair and objective. The judge found RTE's formatting of the debate to be 'sensible' and awarded costs against Gilroy in favour of RTE. The matter was adjourned and never described as concluded or finalised.
In a High Court hearing on 14 May 2019, the case to decide whether certain documents supplied by the Football Association of Ireland (FAI) to the Office of the Director of Corporate Enforcement (ODCE) are legally privileged was adjourned to 25 June. The documents in question are minutes of FAI board meetings from February 2016 to March 2019, which the FAI claims contain privileged legal advice from its interim CEO, Ms Rea Walshe, a qualified solicitor. The ODCE, acting under the 2014 Companies Act, seeks these documents as part of its investigation into "certain matters" concerning the association. Both parties consented to the adjournment, with Kerida Naidoo SC for the ODCE noting the need to allow further discussion, and Shane Murphy SC for the FAI stating that the client agreed to the delay to facilitate the investigation. The FAI has also provided additional non‑privileged material to the ODCE, which may help resolve some issues.
Independent European Parliament candidates Ben Gilroy and Eamonn Murphy, running in the Dublin Constituency, sought High Court orders to participate in a live RTE debate scheduled for May 20th. Both applicants alleged they were excluded from the broadcast. At the hearing, Ms Justice Reynolds noted that the actions might require judicial review procedures. Counsel for RTE, Niam Hyland SC, opposed the applications, arguing that Mr Gilroy's case was not properly constituted. She further stated that RTE only learned of Mr Murphy's action on Tuesday morning. Mr Murphy's application differed as it also challenged RTE's decision to exclude a one-minute campaign video, which the broadcaster alleged breached the Broadcasting Act and BAI code of conduct. Mr Murphy indicated his intention to challenge that specific decision. Ms Justice Reynolds adjourned Mr Gilroy's case to 2pm on Tuesday, where it will be heard by Mr Justice Senan Allen. Due to separate issues raised in Mr Murphy's intended action, the judge adjourned his matter until Wednesday morning. The proceedings remain at the hearing stage with no final determination or sentence issued.
Elizabeth Crumlish, a 66-year-old member of the Irish Travelling Community, has brought High Court judicial review proceedings against Donegal County Council. Ms Crumlish challenges the Council's decision to suspend her from its housing allocation list for one year. The Council alleges she refused two reasonable offers of accommodation, a provision under its 2011 Housing Allocation Scheme. Ms Crumlish, represented by Nora Ni Loinsigh BL and instructed by FLAC, contends the offers were unreasonable as they consisted of single-bedroomed houses in Letterkenny, far from the Bridgend or Burnfoot areas where she sought Traveller Specific Accommodation on a halting site. She seeks an order quashing the suspension, along with declarations that the decision was made without lawful authority, resulted from unlawful fettering of statutory discretion, was irrational, and failed to vindicate her constitutional and European Convention on Human Rights. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in July.
A 20‑year‑old Irishman, Conor Freeman, was arrested in Dun Laoghaire on 9 May 2019 after a US warrant was served. US authorities allege that Freeman, part of an online group called "The Community," conspired to hack targets using SIM hijacking to steal more than $2 million in Bitcoin and other cryptocurrencies between February and May 2018. The indictment, issued by a Grand Jury in the Eastern District of Michigan, charges Freeman with one count of conspiracy to commit wire fraud, four counts of aiding and abetting wire fraud and four counts of aiding and abetting aggravated identity theft. If convicted in the US, Freeman faces up to 108 years in prison. He was remanded in custody by the High Court to appear on 22 May for a bail application. The case remains at the extradition stage, with no further proceedings reported.
Ms Justice Leonie Reynolds of the High Court issued an order barring business consultant Eamon O'Neill from acting as a 'McKenzie friend' to advise lay litigants, citing that he was taking advantage of vulnerable parties. The judge noted that O'Neill, who lacks legal qualifications, had purported to give bad legal advice to defendants in a dispute over a commercial property in Waterford. Although O'Neill had previously apologized for a letter the judge described as scurrilous and containing untrue averments, he failed to attend court on Thursday to answer alleged contempt. The judge rejected his explanation for the absence, stating he appeared to think he was above the law, and directed him to appear next Thursday with a legal representative. O'Neill may then apply to have the barring order lifted. The underlying action involved a fund-appointed receiver, Mr Ken Kennell, who sought vacant possession of the property from owners Paddy Early, of Killea, Dunmore East, and Paul Kearney, of Islandtarsney, Fenor. The court had previously granted the receiver possession after finding the defendants had no defence to the claim that they were trespassers. On Thursday, the judge extended the stay on the possession order to allow CMD Early Dunmore East Ltd, which had recently obtained a solicitor, to bring a motion to set aside the order. The judge also directed Early and Kearney to swear an affidavit detailing payments made to O'Neill for his advice. The property had been put up as security for a €2.29m loan advanced by Ulster Bank in 2008, which fell into arrears in 2011.
A High Court judge will decide whether ten documents supplied by the FAI to the Office of the Director of Corporate Enforcement contain legally privileged material. The FAI claims privilege over minutes of board meetings from February 2016 to March 2019, which include legal advice from its Interim CEO, Ms Rea Walshe, a qualified solicitor and internal legal advisor. The minutes cover advice on a prospective sponsor agreement, potential liability from legal actions, an internal investigation, appeals to the Court of Arbitration for Sport, disciplinary matters, licence applications, strategies to meet a potential injunction, complaints about a member organisation, litigation strategy before the Court of Arbitration for Sport, and a third‑party entitlement to evidence. Ms Justice Leonie Reynolds was given the documents and has asked for clarification on whether Ms Walshe was the FAI's legal advisor at the relevant times, given her various titles.
The ODCE has asked the High Court to decide whether documents supplied by the FAI contain privileged legal material. The application, filed under the 2014 Companies Act, is part of a probe into certain matters concerning the association. The FAI, represented by Shane Murphy SC, requested an adjournment to prepare a sworn statement in response to the ODCE's claim of privilege over a limited number of documents. Justice Leonie Reynolds granted the adjournment and gave the FAI 24 hours to serve the affidavit. The case will be heard again on Thursday, with the ODCE seeking a legally qualified person to examine the material and produce a report for the court. The FAI had already supplied the requested documents, including minutes of board meetings from 1 January 2016 to 21 March 2019.
In a High Court hearing on 3 May 2019, Justice Peter Kelly was asked whether the first interim report of inspectors investigating Independent News & Media (INM) could be disclosed to INM, the Central Bank, or other parties. The inspectors, appointed in September, had submitted the report to the judge last month. The Director of Corporate Enforcement (ODCE) is the only statutory party entitled to view it, but the court has discretion to allow others. Applications for access were made by the ODCE, former INM chairman Leslie Buckley, former CEO Robert Pitt, journalist Maeve Sheehan, and others who may have been involved in data removal in 2014. The ODCE and the inspectors argued that the report contains references to evidential matters that should not be disclosed, and that releasing it could harm the investigation's progress and reputation. Lawyers for INM and other applicants claimed entitlement to the report, possibly in redacted form, and offered confidentiality undertakings.
In a High Court decision on 3 May 2019, Mr Justice Michael McGrath quashed a Tusla decision that a teenage boy should not be placed in a special care unit. The boy's mother had challenged the Special Care Referral Committee's March and April refusals to seek a court order that would have placed the teen in special care. The court found that the committee had no material to justify its refusal and that the boy's vulnerability and history of violent incidents while under drugs made him a risk to his own health, safety and welfare. The court noted that the boy had previously been subject to a special care order and had received several placements. The mother's application for declarations that the decisions were irrational, unreasonable and breached the teenager's constitutional rights was granted. The case will return for final orders later this month.
James Kavanagh, a stud farmer from Templerainey, Arklow, Co. Wicklow, has filed a High Court judicial review against An Bord Pleanala's decision to allow a solar power facility on land adjacent to his property. The proposed 20‑30 megawatt plant would use solar panels on steel supports, a substation, transformer, security fencing and access roads. Kavanagh argues the board erred by not requiring an Environmental Impact Assessment and by failing to conduct a screening assessment under the EU Habitats Directive. He seeks to quash the board's February 21 decision to grant permission to Highfield Solar Limited for the Ballinclea site and to obtain declarations that the required assessments were omitted. The challenge, which also names Ireland and the Attorney General, was granted ex parte by Mr Justice Seamus Noonan, who set a July hearing and imposed a stay on the development until further court order.
A High Court judge ordered the extradition of Roy Norman Kenyon, who fled to Ireland after serving 31 years for a 1971 murder committed when he was 16. Kenyon, now 64, had lived in Ireland under the alias Alan McPherson for 15 years before being arrested in Eyeries, Co. Cork, on 2 May 2018. Justice Aileen Donnelly rejected Kenyon's objections and ordered his surrender to UK authorities within 25 days. The court noted that Kenyon had been released on parole in the 1980s and would now serve an indeterminate sentence if returned. Counsel for Kenyon argued he posed no risk to society, citing his long period of liberty and lack of evidence of danger. The judge emphasized that his continued detention in the UK was due to parole hearings assessing public risk, and that extradition complied with his rights under the European Convention on Human Rights.
A legal dispute that could have had serious implications for Tonga's Rugby World Cup preparations was withdrawn. The dispute involved a €143,000 judgment obtained by the French media company SARL Team One Events against the Tongan Rugby Union over image rights. Team One Events sought to enforce the judgment through the Irish courts by ordering World Rugby Ltd, registered in Ireland, to pay the company instead of the Tongan Union. The High Court heard the case, and Stephen Byrne BL for World Rugby said the action had been withdrawn by consent. Counsel for Team One Events confirmed the company was consenting to the matter being struck out. The judge vacated all previous orders and adjourned the matter to consider legal costs later in the month.
In a High Court case, former manager Fachtna O'Ceallaigh and his company TAL Management sued singer Sinead O'Connor for breach of contract and defamation. O'Ceallaigh alleged that the management firm had provided services for several years, that a new agreement was substituted in 2011 but not executed, and that O'Connor terminated the agreement in April 2012 without notice, seeking over €500,000 in damages and a declaration that the termination was invalid. He also claimed O'Connor defamed him in a 2012 open letter on her website and a fan site, in response to a newspaper article about their commercial split. O'Connor denied ever having an agreement with TAL or O'Ceallaigh and denied defamation. After negotiations, the parties reached an amicable settlement. The court adjourned the matter to November to implement the agreement, and no further details were disclosed in open court.
The High Court action brought by the International Transport Workers Federation against the State over the Atypical Working Scheme for Non‑EEA crew in the Irish fishing fleet has been resolved. The ITF alleged that migrant fishermen on Irish‑registered trawlers were exploited, underpaid, racially abused, worked to exhaustion and in some cases assaulted, with conditions likened to modern slavery. The State defendants denied these claims. After mediation, Mr Justice Tony O'Connor noted that the proceedings could be struck out without an order, and welcomed the outcome.
Friends of the Irish Environment has lodged a High Court judicial review against the State, challenging new 2019 regulations that permit industrial peat extraction without planning permission, arguing they create a retention mechanism for unauthorised activity. The group claims the regulations, known as the 2019 European Union Environmental Impact Assessment (Peat Extraction) Regulations and the Planning and Development Act 2000 (Exempted Development) regulations 2019, fail to comply with EU directives on environmental protection. The action targets the Ministers for Communication, Climate Action and Environment, Housing, Planning and Local Government, Ireland, and the Attorney General, seeking orders to quash the regulations and declarations that the statutory instruments contravene EU directives on special environmental assessments, habitats and impact assessments.
Philip Rattle, managing partner of August Equity LLP, has filed High Court proceedings in London against a Twitter account he says impersonates him. Rattle claims the account, created in September 2018 using an outlook.com email, portrays him as a "Nationalist, Pro‑Brexit and Anti‑immigration" investor, and has posted defamatory, racist and anti‑immigrant remarks about public figures such as Sadiq Khan and Raheem Sterling. He says the tweets falsely label him a racist, anti‑Semite and bigot, damaging his reputation and privacy. Rattle reports receiving false messages and packages from the account, prompting him to install CCTV at his home. He seeks a Norwich Pharmacal order to compel Twitter and Microsoft Ireland to disclose the identity of the account's operators. The judge granted short notice to both companies and set the case for a return after the Easter recess.
A High Court judge has warned litigants of the consequences of taking bad advice from non-legally qualified persons. Ms Justice Leonie Reynolds made the remarks while granting a fund-appointed receiver, Mr Ken Fennell, possession of a commercial property located at Six Cross Roads in Co Waterford. The action was brought against Mr Paddy Early, Mr Paul Kearney, Mr Eamon O'Neill, and CMD Early Dunmore East Ltd. The judge noted that the defendants had no legal representation and had been badly advised by non-qualified individuals. It was claimed that Mr Early and Mr Kearney had received €2.29m from Ulster Bank in 2008, with the Crossroads Property as security. The loan fell into arrears in 2011, and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed a receiver in 2016 and sought possession of the property. The defendants opposed the application and claimed they had no right to be in the premises. The matter had been before the court and adjourned on a number of previous occasions, most recently to allow the parties to obtain lawyers to represent them. Ms Justice Reynolds found that the defendants had no legal defence to the receiver's claim and granted Mr Fennell possession of the premises. The judge also raised concerns over legal submissions from Mr Early, who had consulted Mr William Murphy, prohibited from acting as a legal advisor. Mr O'Neill apologised for a 'scurrilous' letter sent to various parties, including the Gardai. The judge imposed a one-month stay on the order to allow occupants time to find premises and adjourned the matter to a date in May.
In a High Court hearing on 11 April 2019, trainer Gordon Elliott denied that he had spoken to John Boylan, the 32‑year‑old alleged drug dealer, about the purchase of Labaik, a horse that won the Supreme Novice's Hurdle at Cheltenham in March 2017. Elliott, who owns 5 % of Labaik, stated that the horse's 90 % share is held by Boylan, registered to Anthony O'Sullivan. He described Labaik as a "massive engine" with a quirk, noting the horse suffered a career‑threatening injury at Punchestown in April 2017. Elliott said the horse's value after Cheltenham was €250,000‑€300,000 but was now "not worth very much." Boylan has sued CAB for losses from the injury, while CAB alleges the horse was bought with proceeds of crime. The court will decide whether the purchase was financed by illicit funds and whether damages can be claimed. The judge will reserve judgment.
In 2019, Galway City Council and Councillor Michael J Crowe issued an unreserved apology to athletes Paul and Richard Donovan after the brothers claimed they were defamed following the cancellation of the 2011 Galway City Marathon. The Donovans sued the Council and Crowe for defamation based on statements that they had delayed informing participants about the cancellation and had failed to honour a donation agreement with the Galway City Sports Partnership. Crowe withdrew the donation allegations on 11 August 2011 but did not apologise for the remarks. The High Court heard that the defamation actions had been settled, and a statement was read in court acknowledging that the Donovans had honoured their donation commitment and had communicated the cancellation promptly. The statement also admitted the earlier claims were false and included an unreserved apology. The court struck out the proceedings, and the Donovans expressed satisfaction with the retraction and apology.
In a High Court case, Revenue sought to freeze assets of the Animal Heaven Animal Rescue charity, claiming a debt of €145,000. The court had issued temporary orders restricting the charity's assets to below €191,000 and preventing transfer of its 37 acres in County Kerry to Athlone SPCA. The charity's trustees, including CEO David Hall, were named in the orders. Mr Hall, appointed to the board in 2018, intends to submit a sworn statement to clarify factual matters and address reputational damage caused by online allegations of fraud. Counsel for Revenue agreed to adjourn the hearing until the affidavit is filed, with the injunction remaining in force until the full hearing in May. The case remains at the pre‑hearing stage, with no verdict yet reached.
A 32‑year‑old Liverpool man, Adam James Wood, is to be extradited to the UK where he faces life imprisonment for possession of firearms, ammunition and class A drugs. He was arrested in 2017 under a European Arrest Warrant and brought before the High Court in Dublin. UK authorities describe him as having a scar on his left hand and a tattoo reading 'Ciara' on his neck. Police seized firearms, ammunition, phones with images of weapons, heroin and cocaine at his Woodlands Road address in August and September 2014. He is also charged with conspiracy to possess firearms with intent to cause fear or unlawful violence, and with a dispute involving brandishing firearms and criminal damage. His lawyers challenged the extradition on several grounds, including a Brexit argument, but High Court Judge Aileen Donnelly rejected all objections and ordered his surrender under the European Arrest Warrant Act of 2003.
In 2019, Mr Edward McDonagh of Galway sued Galway County Council, claiming wrongful seizure and slaughter of his thoroughbred stallion, Chief of Colours, seized in February 2018. He seeks judicial review orders and declarations that the council acted beyond its powers by refusing to release the horse and euthanising it to enforce a disputed debt. McDonagh also alleges the council's policy of detaining horses for unpaid fees and its failure to provide requested information violated his constitutional rights to fair procedure. He seeks damages for the unlawful slaughter. The council denies the claims, stating the seizure was lawful under the 1996 Control of Horses Act, citing breaches by McDonagh and lack of a valid horse passport. The case was opened in the High Court, with the judge reserving judgment until after Easter.
A man in his late thirties has filed a High Court application to stop the prosecution of four charges of rape and sexual assault against his younger siblings, alleged to have occurred in the late 1990s when he was aged 13 to 15. He argues that the law at the time made children aged 7 to 14 incapable of committing a criminal offence, and that the dates of the alleged offences are unclear, leaving open the possibility he was under 14. He seeks an order to prohibit further prosecution, declarations that the delay has prejudiced him, that a trial would be unfair and unjust, and that proceeding would breach his rights under the Irish Constitution and the European Convention of Human Rights. Mr Justice Seamus Noonan granted permission ex‑parte, put a stay on the prosecution, and adjourned the matter to June. The case is pending before the Central Criminal Court.
A High Court challenge has been filed by a secondary school student, represented through his mother, against a decision by a three‑person Section 29 Committee to uphold his expulsion for bringing a knife to school. The student, a second‑year pupil from a south‑of‑country secondary school, was expelled late last year. He appealed to the Department of Education, which appointed the committee. The committee upheld the expulsion. In the High Court, counsel Derek Shortall BL argued that the student was denied fair procedures, citing that a committee member was a former pupil of the school, creating a perceived conflict of interest. The advocate was dismissed by the committee member, who allegedly treated the mother and advocate disrespectfully and allowed the school to present its case before the mother finished. The student seeks to quash the decision, declare the committee's bias, and have his appeal remitted for fresh consideration.
In a High Court hearing, the barrister for Roy Norman Kenyon argued that the 64‑year‑old, who served 31 years in prison for a 1971 murder committed as a child, no longer poses a risk to society and should not be extradited to the UK. Kenyon, who escaped to Ireland in 2003 and lived under the alias Alan McPherson for 15 years, is now facing potential return to the UK to continue his life sentence. The court heard that Kenyon had been drinking at a public house on the night of the crime, then attacked Margaret Potts with a poker. He was arrested in Eyeries, Co Cork, in May 2018. The barrister contended that Kenyon's behaviour in custody shows no unacceptable risk, and that the UK has not committed to reviewing his case before 2021. Justice Aileen Donnelly will decide on May 21, after remanding Kenyon in custody.
In a long‑running High Court action over the 1996 award of Ireland's second mobile‑phone licence to Esat Digifone, several pretrial motions have been filed. The plaintiffs – Comcast International Holdings Inc, Ganley International Ltd, GCI Ltd and businessman Declan Ganley – argue that the licence was improperly awarded and that the selection process was corrupt and flawed. They seek damages and are requesting the discovery of documents and records from the defendants, which include the Minister for Public Enterprise, the State, businessman Denis O'Brien and former Fine Gael minister Michael Lowry. The defendants deny the allegations and oppose the discovery on the grounds that it is onerous and largely dates back to the mid‑1990s. The discovery motions were opened before Mr Justice Senan Allen on Tuesday, with the hearing expected to last several days. The case remains ongoing.
In a High Court case, environmental activist Peter Sweetman has challenged the Environmental Protection Agency's decision to grant an Industrial Emissions Licence to Michael Noel O'Connor's chicken‑rearing plant in Rathcahill West, Co. Limerick. Sweetman, represented by solicitor Gabriel Toolan and counsel James Devlin SC, argues that the EPA's decision was flawed, lacking jurisdiction and failing to consider EU Habitats, Waste Water and Environmental Impact Directives. He contends the agency did not properly assess the impact of poultry litter, which is removed every six to eight weeks, washed, and largely spread on land or used as compost at a mushroom facility. Sweetman seeks an order quashing the licence, declarations that the EPA erred in law and contravened EU waste directives, and that the assessment was incomplete and unreliable. Mr O'Connor is a notice party. Permission to proceed was granted ex‑parte by Justice Seamus Noonan, with the case set for a June hearing.
The High Court heard a dispute involving the Tongan Rugby Union and the French media company SARL Team One Events over image‑rights payments. Team One Events, which had a contract with the Union in 2014, claims it is owed €143,000 from a French court judgment that has not been satisfied. The company seeks a garnishee order in Ireland to compel World Rugby Ltd, registered in Ireland, to pay the judgment amount to Team One Events instead of to the Tongan Union. The case was adjourned to a later date in the month, with the judge noting the urgency because Tonga is preparing for the 2019 Rugby World Cup in Japan, which starts on 20 September. The dispute centres on alleged breach of the 2014 contract when Tonga used a sponsor's name on shirts without permission, leading to the French claim. The Tongan Union and World Rugby have not yet responded to the application.
A man in his late sixties, whose identity is withheld for legal reasons, has filed a High Court challenge to stop his trial for a series of alleged indecent assaults that he claims occurred more than 30 years ago. He argues that a fair trial is impossible because many witnesses to the alleged events have died, his memory is incomplete and fading, and evidence has been lost over the intervening years. He also alleges that the Gardai's delay in prosecuting him is inordinate, culpable and unfair, and that proceeding with the prosecution would breach his rights to an expeditious and fair trial under the Irish Constitution and the European Convention on Human Rights. Mr Justice Seamus Noonan granted permission for the challenge, placed a stay on the prosecution pending the judicial review, and the case is set to return to court in May.
The High Court adjourned a hearing on the proposed extradition of Liam Campbell, a 54‑year‑old Irishman wanted in Lithuania for alleged terrorism offences and weapons trafficking. Campbell was arrested in Dundalk on a European Arrest Warrant issued by Lithuanian authorities. The warrant alleges he organised the preparation for smuggling weapons to support the Real IRA between late 2006 and early 2007, arranging illegal possession of firearms, ammunition, explosives and substances. The court paused the case because a Lithuanian prosecutor's independence issue has arisen, and the matter will resume on 23 May.
A Dublin taxi driver, Derek Delaney (60), of Connolly Avenue, Inchicore Dublin 8, denied exaggerating his injuries after his vehicle was allegedly rear-ended by another taxi at Dublin Airport on June 27th, 2014. Mr Delaney claimed he suffered neck, shoulder, and soft tissue injuries, and sued Ibraham Enidunmo, with an address C/o Aviva Insurance, Knocknacarra, Galway, for negligence and breach of duty of care. He alleged the defendant failed to keep an adequate look out, caused the collision, and drove in a dangerous manner. The defendant denied the collision occurred as claimed. Mr Delaney stated he did not mention the pain to his GP initially but was later diagnosed with whiplash. He denied exaggerating his claim or that his account was close to fraudulent. He explained he contacted Aviva to resolve the matter without increasing his insurance premium. Counsel for the defendant questioned the lack of colour photos and the absence of damage to Mr Delaney's car in a picture taken by the defendant. Mr Delaney denied exaggerating his injuries and stated his condition was not normal prior to the incident. After cross-examination, the parties entered into talks and the matter was settled, with the case struck out with the consent of both parties.
In a High Court hearing on 28 March 2019, a Garda officer sought to have a YouTube video removed and the identity of its poster disclosed. The officer, represented by Ken Fogarty SC and John Morrissey BL, claimed the video, over three minutes long, contained false and malicious commentary that defamed him, alleging he had assaulted a minor and was "boot'n him." The audio did not match the images, and the Garda's solicitors had been unable to identify the poster. After a temporary High Court order to remove the video was replaced by an undertaking from Google, the court granted a Norwich Pharmacal order. Google, represented by Michael Howard SC, agreed to provide the Garda with information it holds about the poster. The injunction against Google was discontinued, but proceedings against the poster will continue, with no order on costs. The video had received nearly 40,000 views and many comments.
In March 2019 the Friends of the Irish Environment CLG, an environmental NGO, filed a High Court challenge in 2018 against the Government's 'Project Ireland 2040' National Development Plan and National Planning Framework. The NGO, represented by John Kenny BL and solicitor Fred Logue, argued that the State had failed to properly assess climate‑change impacts. To fund its complex EU environmental law case the NGO applied for legal aid from the Legal Aid Board, but the Board refused, citing that the NGO is not a natural person and is acting on behalf of others. The NGO contends the refusal is unlawful, claiming it is not acting for third parties and that the decision creates an inequality of arms. It seeks an order quashing the Board's refusal, declarations that the Board erred in law, and that the refusal breaches the Irish Constitution, the EU Charter of Fundamental Rights and the Aarhus Convention.
Miriam O'Callaghan has applied to the High Court for an order directing Facebook Ireland Ltd to disclose information about the parties who paid for allegedly defamatory adverts that appeared on Facebook and Instagram in May 2018. The adverts, which used her image and name, are said to contain false and malicious claims, including that she has left her position at RTE's Prime Time to promote a skincare range that she does not endorse. O'Callaghan alleges the adverts have damaged her reputation and exploited public trust, and she seeks a permanent injunction against their publication as well as damages for defamation, unlawful appropriation of personality and breaches of her constitutional rights. The application was adjourned to a hearing before Easter, with Facebook's counsel indicating the need for time to prepare a sworn statement in response. The case remains pending, with no agreement reached on the motion.
Adam James Wood, 32, of Liverpool, is in Irish custody awaiting a High Court decision on his extradition to the UK. He faces 12 offences, including possession of firearms, ammunition and class A drugs, and conspiracy to possess firearms with intent to cause fear or unlawful violence. The European Arrest Warrant, issued in 2017, was based on evidence found at his Woodlands Road address and at North Sudely Road in August and September 2014, where police seized firearms, ammunition, heroin and cocaine, and phones containing images of firearms and ammunition. The warrant also cites a dispute with another Liverpool male involving brandishing firearms and criminal damage. UK authorities describe Wood as having a scar on his left hand and a tattoo reading 'Ciara' on his neck. His lawyers have challenged the extradition on several grounds, including a Brexit‑related argument.
A financial fund, Promontoria (Arrow) Ltd, is objecting to a personal insolvency arrangement (PIA) proposed for businessman Conor Clarkson, who would write off over €70 million in debts. Clarkson, a former property developer, seeks court approval of the PIA to restore solvency and retain his family home. The PIA includes a €100 000 lump sum from a relative, available to creditors, and a sale strategy for his properties. Promontoria claims the PIA prejudices it, as it is owed €64 million—about 94 % of its total debts to Clarkson—and voted against the PIA at a creditor meeting in January. The fund's objection was filed outside the 14‑day window, citing a mistaken belief of a March 1 deadline. Promontoria's lawyer, Eoin Martin BL, requested an extension; the court, presided over by Mr Justice Denis McDonald, considered the request and noted the PIA's prudent stance. The case will be revisited later this year.
In a High Court hearing on 19 March 2019, Judge Senan Allen warned Martina Harty and Dermot Calvert that they faced imprisonment if they failed to vacate a semi‑detached house on Mossgrove Avenue, Caherdavin Heights, Limerick within two weeks. The property, in receivership, had been ordered by the court in April 2018 to be vacated, and a motion for committal to prison was brought by Gearoid Costelloe, the receiver appointed by IBRC. The judge noted that the couple had previously been given several deadlines to comply and that the house had been occupied by persons without the receiver's consent. Harty and Calvert, who represented themselves, gave sworn undertakings to leave the premises within the next fortnight. Judge Allen cautioned them that non‑compliance could result in contempt of court and possible imprisonment. The case was scheduled to return in early April.
In March 2019 the High Court heard that the Chief Executive Officer of Galway Harbour Company, Eamon Bradshaw, had settled the dispute that had been pending since last year. Bradshaw had previously obtained a temporary injunction preventing the company from terminating his employment, arguing that the company had launched a bogus redundancy scheme to end his three‑year fixed‑term contract signed in 2017. He had served as both Chairman and CEO of the firm that operates Galway Port. The case was scheduled for hearing before Mr Justice Senan Allen, but Mark Dunne BL, counsel for Bradshaw, announced that the matter had been settled and the injunction could be vacated. No further details of the settlement were disclosed to the court. The company had denied all of Bradshaw's claims, and the dispute was now concluded at the High Court stage.
A High Court trial concerning a damages action by former soldier Patrick Fedigan against the State was adjourned shortly after it opened before Mr Justice Bernard Barton. Mr Fedigan, a 51-year-old from Navan, Co Meath, claims he suffered health issues, including loss of balance, anxiety, and memory problems, resulting from being prescribed the anti-malaria drug Larium (Mefloquine Hydrochloride) during Defence Forces deployments to Eritrea, Liberia, and Chad between 2001 and 2010. He alleges negligence and breach of duty by the Minister for Defence and the Attorney General, asserting he was unsuitable for the drug, his medical history was not checked, and he lacked adequate support for his symptoms. The State defendants deny these claims. The case, expected to last up to ten weeks, was paused to allow Mr Fedigan's legal team, led by John Gordan SC, to review documents recently discovered by the defendants. Mr Justice Barton noted that due to judicial commitments, including circuit duties, the hearing would proceed in blocks with gaps in evidence. Both parties acknowledged the judge's availability issues but agreed to proceed. The matter was adjourned and is scheduled to resume on Tuesday.
A High Court judicial review brought by Defence Forces Head of Legal Services Colonel Jerry Lane against the Minister for Defence, Ireland, and the Attorney General has been resolved. The case, heard before Mr Justice Michael Twomey, concerned the State's refusal to provide Col Lane with an independent report into his allegations of corruption and misconduct within the military. Col Lane, from Bandon, Co Cork, alleged that preferential treatment was afforded to another officer and that he faced penalties, including threats of dismissal, after making a protected disclosure to Seanad Éireann in 2011. In 2016, the Minister appointed Colm Smyth SC to conduct an independent review, but the Department of Defence decided not to rely on or publish the resulting report, instead commissioning a fresh review by Frank Callanan SC. Col Lane sought an order quashing the refusal to provide the Smyth report, arguing it breached his constitutional rights and fair procedures, and claimed damages. The State parties, represented by Margaret Nerney SC and Ronan Kennedy BL, denied any wrongdoing and argued Col Lane was not entitled to the reliefs sought. Following discussions, Col Lane's counsel, Roughan Banim SC, informed the court that the case had been settled. Col Lane is no longer seeking the independent report, and the proceedings were withdrawn, with the case potentially struck out.
In a High Court decision on 12 March 2019, Ms Justice Aileen Donnelly refused Declan "Whacker" Duffy's application to appeal his extradition to Northern Ireland, ruling that the issue of a "no‑deal Brexit" does not constitute a point of law of exceptional public importance. Duffy, aged 44, had been serving a life sentence for the 1992 murder of Sergeant Michael Newman and had been released on licence in March 2013. He was re‑arrested in December 2015 and sentenced in 2016 to six years for false imprisonment. The court found no evidence supporting the defence's claims that Brexit or the Good Friday Agreement posed a risk to the legal system. Consequently, the judge declined to grant an appeal, affirming the extradition order. The decision emphasised that the extradition case remained a routine legal matter rather than one of exceptional public significance.
The High Court adjudicated Michael McKevitt, Colm Michael Murphy, and Liam Campbell bankrupt following a civil action related to the 1998 Omagh bombing. Ms Justice Teresa Pilkington issued the orders after finding that the criteria under the 1986 Bankruptcy Act were met. The applications were brought by solicitor Gary Daly, acting for relatives of the 29 victims killed in the Real IRA attack. In 2009, the Belfast High Court found these men, along with Seamus Daly, liable for the bombing and ordered them to pay £1.6m in damages, a decision upheld by the European Court of Human Rights. All defendants have consistently denied involvement. The court heard that demands for approximately €439,000 from each man went unpaid. McKevitt, who is terminally ill, was represented by counsel noting his lack of assets and reliance on the State pension. Murphy's counsel stated he lacked firm instructions regarding the application. Campbell, who sought legal aid, did not appear. Counsel for the applicants argued against further adjournments, noting previous correspondence and service of documents. The judge determined that no further adjournments were appropriate and satisfied the statutory requirements for bankruptcy, resulting in the adjudication of all three individuals.