Wendy Whitty, a businesswoman, was released from custody after apologising to the High Court and agreeing not to interfere with the receivership of eight properties owned by her and her husband, Scott Dyer, in County Wexford and County Cork. Whitty had previously been jailed for contempt of court after refusing to comply with orders to stop interfering with or collecting rent from the properties. She had given undertakings to the judge but later sent a letter challenging the court's jurisdiction and claiming the undertakings were made under duress, which the judge deemed a further contempt. After legal advice, Whitty apologized, promised cooperation with the receiver, and agreed to inform tenants that rent should be paid to the receiver. The judge accepted her undertaking and released her, warning that any further interference would have serious consequences. The receiver's actions against the couple will return to court next week.
The High Court has finalised the legal basis on which John Downey may appeal his extradition to Northern Ireland. Mr Justice Aileen Donnelly, the presiding extradition judge, rejected multiple objections to his surrender before granting leave to appeal on Wednesday. The judge determined that questions of exceptional public importance arise regarding assurances given by the UK Government to republican paramilitaries and whether these may have been used to gather evidence against them. Mr Downey, aged 67, was arrested in November 2018 at his home in Creeslough, County Donegal, following a European Arrest Warrant issued in relation to a 1972 car bombing in Enniskillen that killed two British soldiers. He had argued extradition would constitute abuse of process, citing a 2007 comfort letter from Northern Irish authorities. Ms Justice Donnelly rejected all objections and found the comfort letter did not constitute amnesty. Mr Downey remains on continuing bail pending the Court of Appeal hearing.
A High Court judge remanded businesswoman Wendy Whitty overnight after she failed to comply with an order not to interfere with the receivership of several investment properties owned by her and her husband, Mr Scot Dyer, in County Wexford and Cork. The judge had previously ordered Whitty to seek legal advice to understand the seriousness of the situation. Whitty had given an undertaking not to interfere, but the judge found she had not complied, citing ongoing interference, especially with tenants in Wexford. Whitty, who was not represented by counsel, had sent a letter to the court claiming the undertaking was made under duress and that "duress voids all contracts." The judge remanded her to Mountjoy Prison for the night, with a review scheduled for Friday morning. Whitty denied breaching the court's orders and said she had not approached the properties since giving the undertaking.
A High Court judge has granted leave to appeal in the case of a 67-year-old man arrested in Co Donegal and wanted by UK authorities in connection with the 1972 Enniskillen bombing. The man is accused of involvement in an incident on 25 August 1972 in which two British Army personnel were killed. The High Court previously ordered his extradition, but the judge has found the case raises questions of exceptional public importance regarding whether assurances given to republicans under the "on-the-run" scheme may have been used to gather evidence against them, potentially amounting to an abuse of process. The judge has referred the matter to a higher court for determination. The appellant remains on continuing bail and is required to appear before the Court of Appeal. The case raises significant issues concerning the operation of the controversial scheme introduced during earlier peace efforts.
Irish Ferries has lodged a High Court challenge against a National Transport Authority (NTA) decision that it must pay compensation to thousands of passengers whose summer sailings between Ireland and France were cancelled. The company argues the cancellations were caused by a delay of the new ferry WB Yeats, which was delivered some 200 days late by the German shipyard Flensburger Schiffbau-Gesellschaft. The NTA issued two notices requiring Irish Ferries to compensate passengers who had to travel from Rosslare instead of Dublin, from Roscoff instead of Cherbourg, and those delayed in reaching their final destination. Non‑compliance could result in a fine of up to €250,000. Irish Ferries contends the notices are invalid, irrational, and breach its constitutional and EU rights, and claims the NTA misinterpreted relevant EU regulations.
An arrest warrant has been issued for Janice Brady, a 29-year-old woman from Sligo, following a finding that she breached her bail conditions. Brady was arraigned before the Central Criminal Court in November 2017 and pleaded guilty to impeding the apprehension or prosecution of a man between August 2 and August 3, 2015, at an address in Sligo, knowing or believing he was guilty of a killing. Although the State objected to her release, Mr Justice Michael White granted her bail on February 1, imposing strict conditions including residing in sheltered accommodation provided by the Peter McVerry Trust, remaining drug and alcohol free, signing on with gardai three times a week, and observing a curfew. The Director of Prosecutions, Paul Murray SC, told Mr Justice Paul McDermott that the State alleged Brady had breached these terms by testing positive for drugs and failing to sign on with gardai since February 15. Inspector Tom Colsch stated that gardai have "no idea where she is" and that she has not been seen in Sligo. Mr Justice McDermott was satisfied that a breach of bail conditions had occurred and consequently issued an arrest warrant for Brady to revoke her bail. The matter remains at the pretrial stage, with the court action focused on enforcing the warrant rather than finalizing a sentence for the admitted charge.
In a legal dispute over the selection of a representative to the board of Horse Racing Ireland, the Minister for Agriculture has invited submissions from both parties. Businessman James Gough, who has served as the Association of Irish Racehorse Owners' (AIRO) nominee to the board since 2015, has initiated High Court proceedings, alleging that AIRO's Council has prevented his name from being put forward to the 2000‑strong membership and that another person's name has been presented as the nominee. Gough seeks an injunction to restrain AIRO from holding a general meeting solely to elect a nominee until the Minister determines the matter, and also seeks an order preventing AIRO from nominating a member to the board. AIRO, represented by Frank Crean BL, maintains that its nomination process follows the organisation's rules and has denied Gough's claims. The Minister, noting the dispute, has agreed to accept submissions from both sides on the appropriate method of election.
In March 2019 the High Court heard an injunction case brought by the Health Services Executive (HSE) against Mr Eamonn Murphy, who the HSE says has set up a website called www.myoptions.website that it claims is a misleading passing‑off of the HSE's crisis pregnancy service 'MyOptions'. The HSE had obtained a temporary injunction preventing Mr Murphy or anyone under his control from using the domain or any variation of the term 'my options' until a further court order. Mr Murphy denies wrongdoing, seeks to lift the injunction and has asked for more time to secure legal representation. The HSE, represented by Jonathan Newman SC and Michael Binchy BL, is prepared to keep the injunction in place until the full hearing. The judge adjourned the case for a month, leaving the injunction in effect, and declined to order the HSE to stop using the name 'My Options'.
A man arrested in County Donegal is to be extradited to Northern Ireland to face charges relating to a 1972 bombing in Enniskillen. The High Court has rejected John Downey's objections to extradition on multiple grounds, including claims of delay, alleged amnesty protections, and assertions that surrender would be oppressive. Two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames, were killed when an explosive device detonated in a vehicle on the Irvinestown Road in August 1972. Ms Justice Aileen Donnelly found the public interest in extradition extremely high despite the passage of time. Downey's legal team indicated they will seek leave to appeal the decision to the Court of Appeal. The ruling addresses numerous technical and procedural arguments raised in defence, including challenges to fingerprint evidence and concerns about deceased witnesses.
In a High Court hearing, businessman Peter Conlon, founder of the charity‑fundraising platform Pembroke Dynamic, was alleged to be suffering from Post‑Traumatic Stress Disorder after a year of solitary confinement in a Swiss prison. The court received an email containing a GP letter describing Conlon's detention in Zurich from 22 December 2017 to 22 December 2018, during which he was held 23 hours a day. The letter reported flashbacks, anxiety, insomnia and other PTSD symptoms, and noted that Conlon had not purchased prescribed medication due to financial constraints. Conlon's liquidator, Myles Kirby, seeks orders making him personally liable for the company's debts and has obtained injunctions freezing Conlon's assets, including bank accounts, to prevent their reduction below €3.8 million. The matter was adjourned for five weeks, with the judge directing Conlon to appear within two weeks and file a sworn statement of his medical conditions.
In a High Court damages action, sound technician Andrew Walsh (35) claimed he suffered severe foot injuries after being struck by a white Nissan driven by Maria Byrne, sister of Regency Hotel murder victim David Byrne. Walsh alleged the vehicle was driven dangerously, with a lack of proper lookout and failure to brake, causing him to be knocked off his bike on Meath Street, Dublin 8, on 19 May 2011. He reported fractures to two metatarsals, ongoing pain, involuntary twitching, use of a walking stick, and the need for future surgery. Byrne denied the allegations, represented by Vincent Foley SC. On the second day of the hearing, Diarmuid Murphy BL announced that the parties had reached a settlement, which was confidential, and the case could be struck out. Judge Bronagh O'Hanlon welcomed the settlement and noted the case raised issues concerning cyclists' rights.
Assistant Garda Commissioner John Fintan Fanning's application for an injunction to lift his suspension was struck out after the suspension was removed earlier in the week. The High Court heard that Fanning is continuing his main action against the Garda Commissioner, seeking declarations that the suspension was unlawful and damages. Paul McGarry SC told Justice Leonie Reynolds that the Garda Ombudsman had dropped its investigation, leading to the suspension's removal on Monday. The injunction application could be struck out, but the main action remains. A timetable for pleadings has been agreed, and the case may be adjourned to a mention in late May. Shane Murphy SC for the Commissioner rejected Fanning's claims, noting the suspension was lifted within an hour of notification that the GSOC investigation was not proceeding.
A farmer from near Strokestown in County Roscommon has initiated High Court proceedings against KBC Bank and several related parties following an attempted eviction of his family home in December 2018. David McGann, represented by solicitor and counsel, is seeking various declarations and orders, including preventing any party from taking possession of the property. The eviction attempt attracted significant national attention after security operatives were forced from the property by masked individuals. That incident, which resulted in alleged assault on security personnel, vehicle fires, and the death of a dog, remains under Garda investigation. The McGanns subsequently regained access to their home. Mr McGann's action names KBC Bank, Trinity Asset Managerial Services Ltd, GS Agencies Ltd, Local Authority Services Ltd, and Aidan Devlin, whom he alleges are bank agents, alongside the County Registrar of Roscommon. He seeks declarations that the defendants acted unlawfully and breached his constitutional rights and European Convention protections during the December execution attempt, and claims damages for trespass and defamation.
In a High Court action, sound technician Andrew Walsh, aged 35, alleges that on 19 May 2011 he was struck from behind by a Nissan Qashqai driven by Maria Byrne, sister of David Byrne who was murdered in 2016. Walsh claims the collision caused two fractures to the metatarsals of his right foot, ongoing pain, involuntary twitching and the need for future surgery. He also reports being intimidated by two men on the road after the crash, one of whom attempted to force cannabis into his mouth. Walsh states that Byrne's mother, Sadie Byrne, threw ash at him while he lay on the ground. Byrne denies all allegations. The case is before Ms Justice Bronagh O'Hanlon and remains pending.
Galway-based KPW Business Forms Ltd, trading as KPW Print, is seeking its legal costs in a judicial review case against the State Examinations Commission (SEC). The company, which had previously operated an online marking pilot scheme for the Leaving Cert and Junior Cert, challenged the SEC's decision to award a €5m tender for an online marking system to a rival UK firm, RM Results. KPW alleged the award was flawed and claimed bias. However, a month after KPW secured permission to bring the action, the SEC withdrew the tender, rendering the proceedings moot. The SEC denied KPW's claims and any wrongdoing in correspondence. At the High Court, KPW's counsel, James Doherty SC, argued the company was entitled to costs because the tender was cancelled due to their action, noting no formal reason was given for the withdrawal. The SEC opposed the application, with counsel Eileen Barrington SC arguing for an order that both parties pay their own costs. Mr Justice Max Barrett reserved his decision on the costs application, stating he would rule in two weeks. The matter remains pending this decision.
Perrigo Pharma International Designated Activity Company has filed a High Court challenge to overturn a €1.6 billion corporation tax demand issued by the Revenue Commissioners. The dispute stems from a Notice of Amended Assessment for 2013, which changed the tax treatment of the sale of intellectual property for the MS drug Tysabri. Originally taxed as trading income at 12.5 %, Revenue reclassified the transaction as a chargeable gain subject to a 33 % rate. Perrigo, which acquired Elan's interest in the IP eight months after the sale, argues that it had a legitimate expectation to be taxed at the 12.5 % rate, based on a 10 % rate under the 1997 Taxes Consolidation Act that was increased to 12.5 % in 2005. The company seeks to quash the amended assessment for the period 1 January 2013 to 31 December 2013 and to obtain declarations that the assessment is unfair, breaches Perrigo's legitimate expectation, and interferes with its constitutional property rights.
The Health Services Executive obtained a temporary High Court injunction against Mr Eamonn Murphy, who set up a website called www.myoptions.website that the HSE says mimics its crisis pregnancy service 'My Options'. The injunction, granted by Ms Justice Leonie Reynolds, bars Mr Murphy or anyone under his control from using that domain or any variation containing 'my options' until further court order. Mr Murphy, who denies wrongdoing, argued that the HSE caused the confusion and that his website offers legitimate pregnancy services. He also threatened to counter‑action the HSE's official site. The HSE claims Mr Murphy's site misleads women seeking its free‑phone counselling and that it damages the HSE's reputation. The case will return to court in two weeks.
In a High Court case in Dublin, businesswoman Ali Barker sued former partner Owen Owens over a claimed 50 % share in a property business they said had been built together. Barker also sought declarations that the company was a quasi‑partnership and that she was entitled to reliefs under the 2010 Civil Partnership Act, and she claimed damages. Owens denied any partnership existed and counter‑claimed that Barker should vacate the house she currently occupies. On 14 February 2019 the parties announced a settlement and the court struck out the proceedings. No settlement terms were disclosed. Judge John Jordan congratulated the parties, noting that resolving the dispute themselves avoided a potentially different court judgment. The case had been expected to last up to ten days before settlement. The parties had been together for 17 years before separating in 2010. The dispute centred on alleged business and property entitlements, not on any criminal conduct.
In February 2019 the High Court heard a dispute brought by James Gough, the long‑time nominee of the Association of Irish Racehorse Owners (AIRO) to the board of Horse Racing Ireland (HRI). Gough, who has represented AIRO on the HRI board since 2015, claims that AIRO's Council has prevented his name from being put forward to the membership and that another person has been nominated instead. He argues that the Minister for Agriculture, Food and the Marine must decide the matter and that AIRO should not proceed with the nomination of the other person until a ministerial decision is made. AIRO's lawyers counter that the nomination is valid, follows the organisation's rules, and that Gough has no right to bring proceedings. Gough seeks orders to restrain AIRO from holding a general meeting to elect a nominee and from nominating a member to the HRI board.
The Health Services Executive (HSE) has initiated High Court proceedings against Mr Eamon Murphy, alleging that he has created a misleading website, www.myoptions.website, which closely resembles the HSE's official crisis pregnancy service, My Options. The HSE claims that the site offers pregnancy scans, discourages abortions, and criticises those who choose termination. It also alleges that the site displayed Mr Murphy's phone number, promised a free ultrasound, and once hosted a video linking cancer to abortion. The HSE says the website was registered shortly after the Minister for Health announced the HSE service name, and that it causes substantial confusion and damages the HSE's reputation. The HSE seeks an injunction preventing the use of the sign 'My Options' or similar, an order to transfer the domain to the HSE, and the destruction of promotional materials bearing the brand.
A financial services company has secured a High Court injunction preventing EBS from terminating an agency agreement to operate three of the building society's branches in Athlone, Longford and Lucan. Betty Martin Financial Services Ltd obtained the injunction from Mr Justice John Jordan on Wednesday, which remains in place pending full resolution of the dispute. BMFS claims the termination followed its refusal to engage in alleged mis-selling of financial products, contrary to Central Bank guidelines. EBS denies the allegations and opposed the application. The judge concluded that BMFS had established a serious issue to be tried and that damages would not constitute adequate remedy. He found no satisfactory explanation from EBS for the proposed termination and noted that the parties had worked together successfully for many years. The judge encouraged both sides to pursue mediation. The case was adjourned for two weeks for final orders.
A High Court judge ordered an unnamed man and woman to pay €60,000 in legal costs on a solicitor-client basis following injunction proceedings. Shawl Property Investments Ltd, which purchased the South Dublin property from a receiver, secured temporary injunctions after the pair re-occupied the residence, forcing out eight occupants. Ms Justice Leonie Reynolds ruled the defendants must cover the costs of the injunction application, describing the actions as wholly illegal. The judge refused to place a stay on the costs order but adjourned Shawl's request for an interim payment. The case was adjourned for one month to allow parties to discuss a timetable for the full hearing of the action. The defendants intend to defend allegations and bring a counterclaim. Shawl alleges the man and accomplices broke into the Dublin 6 property, changed locks, and forced out occupants, with the woman and her daughters entering later that evening. The woman had previously been jailed for contempt in May for refusing to comply with orders granting the receiver possession, though she was released in August after giving undertakings to vacate. The property was sold by a receiver after EBS secured a €9.4m judgment against the man in 2011. The matter remains ongoing, with the full action yet to be determined.
In a High Court case, the HSE agreed to orders requiring it to assess the health and educational needs of three siblings suspected of autism within eight weeks. The mother, represented by Feichin McDonagh SC and Brendan Hennessy BL, had brought judicial review proceedings after the HSE failed to commence assessments following an application submitted in late March 2018. She argued that under the 2005 Disability Act, assessments must begin within three months of receipt of the application. The court granted permission to bring the review ex‑parte in December, and when the matter returned, Mr Justice Seamus Noonan noted the HSE's consent to the orders. The children's claims for damages, including aggravated damages for alleged breach of duty, remain pending and have been adjourned for three weeks. The case is one of many similar proceedings alleging delays in assessing children's needs.
A High Court judge will deliver judgment next week on an application for an interim injunction in a dispute between Betty Martin Financial Services Ltd and EBS. BMFS operates EBS branches in Athlone, Longford and Lucan under a tied agency agreement. The company seeks to prevent EBS from terminating this agreement, arguing the termination is invalid and motivated by BMFS's refusal to engage in alleged mis-selling of financial products. BMFS contends that when it declined to undertake activities it regarded as unprofessional and contrary to Central Bank guidelines, EBS moved to end the arrangement. EBS denies the allegations and maintains it is entitled to terminate the agreement. The bank further argues that BMFS only raised mis-selling complaints after EBS initiated termination proceedings in 2017, and that no evidence supported such claims. Following a three-day hearing before Mr Justice John Jordan, judgment on the interim injunction application is expected within the coming week.
The High Court has granted a judgement of €159,000 against a financial advisor in relation to alleged misappropriation of investor funds. Ms Justice Leonie Reynolds made the order in favour of Mr Jamie Murphy, who alleges that Mr James Doherty, trading as Demvera Capital Partners, failed to return money advanced as an investment in 2017. Mr Murphy claims the funds were intended for investment in a care company but were used for personal purposes instead. Freezing orders against Mr Doherty and related entities, with addresses in Dublin and Burnfoot, Co Donegal, were secured in December. The judge also ruled that Mr Doherty, who is understood to be in the United Kingdom, be attached by An Garda Síochána and brought before the High Court to address allegations of contempt of court. Mr Doherty had not complied with court orders to provide asset details and did not attend proceedings or retain legal representation. He is to be brought back before the court within one week.
Mr David Lewis Smith has brought a copyright infringement claim in the High Court against the members of One Direction, former member Zain Malik, UK songwriter Jamie Scott, US songwriters Julian Bunetta and John Ryan, and several music publishing companies. He alleges that the 2014 One Direction single "Night Changes" infringes his musical work. Smith's solicitors, Smyth & Son, seek damages and various discovery orders. They request documents related to the composition, writing, and earlier drafts of the song, as well as records of sound recordings, alternative versions, performance, sale, distribution, publication, downloads, and worldwide earnings. The defendants, represented by Gleeson, McGrath, Baldwin Solicitors and Matheson Solicitors, deny the allegations. A pre‑trial motion was listed before Ms Justice Leonie Reynolds, and the case is set to return to court in early March. No parties were present at the hearing.
The High Court heard that Peter Conlon, the 64‑year‑old boss of the charity‑fundraising platform Pembroke Dynamic, is in France and too ill to travel to Dublin. Conlon is willing to meet liquidator Myles Kirby in France to discuss resolving proceedings. Kirby, appointed liquidator in January 2018, has obtained injunctions freezing Conlon's assets, including bank accounts, valued at €3.8 million, and seeks an order making Conlon personally liable for the company's debts. Conlon's firm is under investigation for alleged misappropriation of €3.8 million in donations, with claims that charities have not received the money. Kirby's application was delayed last month because he did not know Conlon's exact whereabouts or whether Conlon had been served. The judge adjourned the case for three weeks, requiring evidence of Conlon's health at the next hearing. The Office of the Director of Corporate Enforcement has supplied Conlon's contact details to Kirby's lawyers. Peter Conlon was convicted.
In February 2019, a High Court case involving Jean Philippe Grenet, director of Electronic Arts Ireland, was settled after a mediation before Mr Tom Mallon BL. Grenet, aged 56 and former Director of global delivery service, had previously secured an injunction preventing his dismissal from a €160,000 position. The settlement allowed all prior orders to be vacated and the case struck out. EA confirmed the withdrawal of the original termination and acknowledged Grenet's senior role in the customer experience team, wishing him well. No further settlement details were disclosed. Grenet had been dismissed in November over an alleged inappropriate comment made during a video call with a colleague in Austin, Texas. He denied the claim, stating he had said, "I don't want to compare the length of my dick," and accepted the remark was clumsy. EA had denied wrongdoing and justified the no‑fault dismissal on December 10th. The judge welcomed the settlement.
Garda Keith Harrison secured a High Court order to halt an internal Garda investigation into alleged breaches of discipline by him. The investigation had been initiated following comments made by the Disclosures Tribunal chairman, Mr Justice Peter Charleton, in an interim report. Harrison, who denied the alleged misconduct, argued that the tribunal's comments had no legal effect and could not be used by the Garda Commissioner to discipline him. His lawyers presented the case to Mr Justice Seamus Noonan, who agreed that the court could quash the decision to appoint an officer to investigate the alleged breaches. The court also considered a potential costs order in Harrison's favour. The tribunal had previously rejected Harrison's allegations and those of his partner Marissa Simms, stating they were "entirely without any validity." The High Court struck out the legal proceedings that had been brought to challenge the investigation.
Catherine Gaffney, 52, was ordered by the High Court to be extradited to Northern Ireland for alleged thefts. The warrant alleges she stole six Mulberry handbags valued at £6,000 from House of Fraser in Belfast between July and November 2016, and attempted to steal a seventh bag and purse in December 2016. She also faces a charge of obstructing a constable. Gaffney opposed surrender on Article 3 and 8 grounds, alleging sectarian mistreatment at Hydebank Prison and health risks. Ms Justice Donnelly rejected these objections, finding the alleged thefts planned and high-value. The court directed her surrender. Gaffney is currently serving a sentence with an anticipated release date of August 24, 2024, and is in custody for pending Circuit Court matters. The matter was adjourned until July 22, and she was remanded in custody until that date. In 2018, Gaffney was jailed for a year after being found guilty by Dublin Circuit Criminal Court of stealing three Chanel handbags from Brown Thomas in 2015.
A Catholic priest in his seventies, whose identity is withheld for legal reasons, has filed a High Court application to halt his pending criminal trial for an alleged indecent assault that allegedly occurred in the mid‑1970s. The priest denies the single charge that he touched a ten‑year‑old girl while she was seated on his knee during a film shown on a projector, a scene that was witnessed by the girl's family and other people. He claims that the complainant's delayed complaint to the Gardai in 2015, and earlier complaints to a bishop in 2004 and to the girl's parents in the 1980s, have prejudiced his case. The priest argues that many witnesses who were present have died, preventing them from providing evidence that could aid his defence, and that this creates a real risk of an unfair trial.
In an appeal-stage pretrial motion, Mr Justice Senan Allen dismissed anti-eviction activist Ben Gilroy's application for an injunction under section 33 of the 2009 Defamation Act. Gilroy, who remains jailed in Mountjoy Prison for contempt of court after failing to complete 80 hours of community service, sought to compel autism rights campaigner Fiona O'Leary to remove a YouTube video pending the outcome of his defamation action. The judge found that Gilroy failed to meet the legal threshold for the order, noting that whether the video conveys defamatory meanings is a matter for a jury to decide. The court observed that a jury might view the case as "greatly over pleaded" and stated it could not conceive the Court of Appeal interfering with a jury verdict finding the video non-defamatory. O'Leary, represented by Patricia Sheehy Skeffington BL, denies the post contains defamatory remarks. Businessman Vincent Byrne, of Balrothery, Co Dublin, is a co-applicant in the suit against O'Leary. Following the ruling, the judge addressed concerns regarding statements Gilroy made in an interview, noting O'Leary could bring a motion if necessary. The judge then adjourned the case to a date in late April.
In a High Court hearing on 1 February 2019, a judge warned a woman and her former partner that they could face serious legal consequences if they breached an injunction preventing them from interfering with or trespassing on a property in Dublin 6 that had been sold to Shawl Property Investments Ltd. The couple had re‑entered the house on 27 January, forcing eight occupants out, and had previously been found in contempt of court for failing to vacate the premises. The judge, Ms Justice Leonie Reynolds, noted that the woman had spent over 100 days in prison for a prior contempt order and warned that any further breach could lead to imprisonment for both parties. She also expressed concern that the couple's teenage daughters were being used as pawns in the dispute and that disturbing social‑media posts about Shawl's directors might need to be addressed.
A Sligo woman who pleaded guilty to impeding the apprehension of a man for a killing in the town has been granted bail by the High Court pending sentencing. Janice Brady, aged 29, of Maryville Hostel in Finisklin, Sligo, admitted the charge relating to events in August 2015. The State had opposed her release, arguing she posed a risk of reoffending and returning to drug use. However, Mr Justice Michael White noted her clear urine tests, engagement with addiction counselling, and substantial rehabilitation progress during her two years and six weeks in custody. The judge was also reassured by an offer of sheltered accommodation from the Peter McVerry Trust in Drumcondra for six months. Ms Brady's bail conditions include a personal bond, residence in the approved accommodation, abstinence from drugs and alcohol, three weekly garda check-ins, a daytime curfew, and a prohibition on visiting Sligo except to see her son.
The High Court has granted Shawl Property Investments Ltd a temporary injunction against an unnamed woman and her former partner, who are accused of unlawfully occupying a Dublin 6 property. Ms Justice Leonie Reynolds issued the ex-parte order on Wednesday, requiring the pair to vacate the residence and prohibiting them from harassing the company or engaging in intimidation. The court heard that the defendants allegedly broke into the property, changed the locks, and forced the company's directors and tenants onto the street. Counsel for the plaintiff stated that the woman was jailed for contempt last May for refusing to comply with possession orders and was released in August after giving undertakings to vacate. The judge expressed concern that the woman's teenage daughters were being used as pawns and directed that the Child and Family Agency be made aware of the proceedings. She also directed that Gardaí accompany the service of proceedings. The matter was adjourned and will return before the Court on Friday.
The High Court has adjourned proceedings involving Md Peter Conlon, the applicant and former MD of charity fundraising platform Pembroke Dynamic. The liquidator, Myles Kirby, sought various reliefs against Mr. Conlon, including a declaration of liability for the company's debts, but could not proceed because the court was informed that Mr. Conlon's current whereabouts are unknown and he has not been served with the relevant documentation. Mr. Conlon was previously convicted of embezzlement in Switzerland, where he was imprisoned before being released in December. The Office of the Director of Corporate Enforcement is currently investigating him regarding the alleged misappropriation of approximately €3.8m in donations. Although it was indicated that Mr. Conlon had engaged a solicitor to contest the application, that solicitor stated they knew nothing of the case, and no legal representative has come on record. Counsel for Mr. Kirby argued that the hearing should be vacated due to the inability to contact the applicant. Justice Leonie Reynolds agreed, noting that the Office of the Director of Corporate Enforcement was prepared to provide contact details. The matter was adjourned to allow for further attempts to contact Mr. Conlon, with the temporary injunction freezing his assets remaining in place.
A man with serious psychological issues has agreed to High Court orders that prohibit him from harassing, watching, pestering or communicating with a woman who alleges he stalked her online for almost a decade. The woman, who feared for her safety because of frightening online messages, brought the case after the unwanted communications—emails and social media messages—began when they were both students at the same Third Level College. She says she only had one personal interaction with the man, during a group presentation. After she asked him to stop, he continued to contact her, causing her anxiety and sleep difficulties. She has complained to Gardai and the college. The court granted the orders, noting the woman had pursued the action as a last resort due to the Gardai's handling of the matter. The man's lawyers confirmed his serious psychological issues.
A man arrested on a European Arrest Warrant faces extradition proceedings in the High Court over allegations connected to a 1972 bombing in Enniskillen, County Fermanagh. John Downey, aged 67, is wanted by Northern Irish authorities to stand trial for the murder of two British Army soldiers and aiding and abetting an explosion on 25 August 1972 on the Irvinestown Road. The device killed Lance Corporal Alfred Johnston and Private James Eames. Mr Downey was arrested at his home in Creeslough, County Donegal, in November. His counsel argued that extradition would be unfair, citing concerns about the integrity of evidence, the death of key prosecution witnesses, and a previous direction against prosecution issued in 1985. The defence also referenced controversies surrounding Mr Downey's involvement in an earlier case regarding the 1982 Hyde Park bombing. The Minister for Justice's counsel countered that fairness could be remedied through proper legal process. Justice Aileen Donnelly reserved judgment.
A man convicted of rape has initiated High Court proceedings challenging the Director of Public Prosecutions over an alleged delay in reviewing a decision not to prosecute prison officers for perjury. Darius Savickis, originally from Lithuania and with an address in County Galway, was assaulted by several prison guards on 29 September 2009 while serving a sentence at Castlerea Prison in County Roscommon. The incident was recorded on CCTV. Following civil proceedings, the Court of Appeal in 2016 found the officers had lied under oath and awarded him damages totalling €17,225. In 2017, the DPP agreed to review its decision not to prosecute the officers for perjury. Savickis claims his solicitors made repeated enquiries in 2018 regarding progress, with responses indicating the review was ongoing but taking longer than expected. Mr Justice Seamus Noonan granted permission for the judicial review on an ex-parte basis on Monday, with the matter returnable in March.
John Fintan Fanning, Assistant Garda Commissioner, has applied for a High Court injunction to lift his suspension pending the outcome of a Garda Síochána Ombudsman Commission investigation. He argues the suspension is unfair and unlawful, seeks orders to restrain the Commissioner from communicating "false" information about him, and to compel cooperation with the GSOC investigation. Fanning also claims damages. The court has granted his lawyers permission to serve short notice of proceedings against the Commissioner. The matter was briefly mentioned before Ms Justice Leonie Reynolds, who agreed to fix the injunction for a hearing on February 13th. The hearing will involve sworn statements from both parties, with a timetable for exchange already agreed. Fanning, due to retire in August after nearly 39 years, maintains he had no role in the alleged wrongdoing and rejects all allegations. The case will be heard pending the final outcome of his challenge.
Diarmuid O'Donovan, a senior administrator for the Cork GAA County Board, secured a temporary High Court injunction that stops the board from terminating his employment. O'Donovan, who has worked in the €55,000 a year role since 2013 to support the board while the Pairc Ui Chaoimh stadium was rebuilt, was told in a brief meeting last week that his position would be discontinued and he would be made redundant. He claims the decision is linked to the controversial cost overrun on the stadium project and that he has been marginalised and excluded from meetings. O'Donovan also says he was offered a redundancy payment of about €20,000 and that a WhatsApp message was sent to board members announcing the termination. The injunction was granted ex‑parte by Justice Leonie Reynolds and the case is set to return next week.
Professor Kieran Byrne, the former president of Waterford Institute of Technology, has lost his High Court action regarding his non-reappointment to the role. In a judgment delivered on Tuesday, Mr Justice Senan Allen rejected Prof Byrne's claim that he was entitled to be reappointed as WIT President in 2011. The judge determined that no member of WIT's governing body informed Prof Byrne he would be reappointed. Although Prof Byrne alleged that a selection board member and the Public Appointments Board indicated his selection, the court found he could not legitimately believe those parties spoke for the governing body. Prof Byrne, who served as President from 2001 to 2011, sought declarations that the governing body's decision not to ratify his appointment was null and void, along with damages for negligence, breach of contract, and misrepresentation. He argued the selection process was flawed and that the decision was influenced by media reports on office expenditure. WIT denied wrongdoing, stating the decision followed a transparent process. The judge concluded that appointing the president is a function of the governing body, not the subcommittee that recommended Prof Byrne's reappointment. The court held that the governing body was entitled to consider freedom of information requests concerning expenditure. Consequently, the judge dismissed the claims, noting that even if Prof Byrne mistakenly assumed reappointment, there was no evidence the governing body shared that assumption.
A woman told the High Court that she fears for her safety after receiving frightening online messages from a male "stalker" who had been a fellow student at the same Third Level College almost a decade ago. She says she only had one personal interaction with him during college and that the unwanted e‑mails and social media messages began then and continued for several years, intensifying in recent weeks. The man has claimed he has "very strong feelings" for her, that he is entitled to further contact, and that he loves her. He has threatened her, accused her of ignoring his feelings, and called her a monster. The woman has asked the court for an injunction to prevent the man from intimidating, harassing, watching, besetting and communicating with her. The judge has directed that the Gardai and members of the defendant's family be made aware of the proceedings and adjourned the matter for a week.
In a High Court ruling on 21 January 2019, the mother of Nicola Vonkova, a 19‑year‑old murder victim, was permitted to amend her legal challenge against the State's refusal to pay compensation. Magdalena Vonkova, from Prague, had previously argued that the Criminal Injuries Compensation Tribunal's exclusion rule – which bars payment when the offender and victim live together – was inapplicable because she and the offender, Jakub Fidler, were not members of a household in the strict sense. The judge, Mr Justice Senan Allen, allowed an additional ground for the claim, contending that the scheme violated Article 47 of the EU Charter of Fundamental Rights and breached EU law by failing to provide fair compensation for victims of violent international crimes. The amendment was proposed in June 2018, after the action began in April 2017, and the respondents – the Tribunal, the Minister for Justice and the State – opposed it on time‑limit grounds.
The Court of Appeal heard a procedural application on Friday concerning John Shaw, aged 73, who has been in custody since 1976. Shaw and another man were convicted of two murders committed in Wicklow and Mayo that year and received life sentences in February 1978. Following a Parole Board recommendation in 2016 that Shaw be granted two days of escorted outings annually, the Minister for Justice declined to support this. Shaw subsequently challenged the decision through judicial review in the High Court. Ms Justice Mary Faherty dismissed the application last March, finding fair procedures had been observed. Shaw is now seeking an extension of time to lodge an appeal against that High Court ruling, an application the State opposes. The Court of Appeal fixed 4 February for hearing the extension application.
An Irish man, Kenneth Brunell of Palmerstown, Dublin, has agreed to be extradited to the Netherlands where he is appealing convictions related to the killing of 29‑year‑old Keith Ennis. Ennis was stabbed to death in 2009, his body chopped up and dumped in a canal on the northern outskirts of Amsterdam. Brunell was previously found not guilty of manslaughter but guilty of concealing Ennis's corpse by a Dutch court. An appeals court in Amsterdam overturned the acquittal in May and upheld the conviction for concealing the body, sentencing him in absentia to 13 years' imprisonment. The Dutch authorities issued a European Arrest Warrant in July of last year. Brunell's lawyers have appealed the conviction, and he is now wanted in the Netherlands for detention pending that appeal. Brunell has consented to extradition, and the High Court judge has endorsed the warrant and ordered his surrender to Dutch authorities.
The High Court heard an application for the surrender of Samuel Joseph Tucker, a 23-year-old US citizen arrested in Cork in August 2018. US authorities seek his extradition to face charges arising from a June 2017 crash in Florida that allegedly killed passenger Alyssa Kay Vice. The warrant charges Tucker with driving under the influence with a blood alcohol level of 0.15 grams/dL or more resulting in property damage on two counts, each carrying a maximum penalty of one year imprisonment. Count three charges him with driving under the influence manslaughter, carrying a maximum sentence of 15 years. Counsel for the Minister for Justice, Elva Duffy BL, stated the primary charge is count three. Tucker's counsel, Simon Donagh BL, objected, arguing that the US offence lacks the 'mens rea' required for corresponding Irish offences, breaching constitutional rights, and that no formal request was made for count three. Tucker also alleged his life was at risk if extradited. The court heard that Tucker was remanded in continuing custody until the judge delivers his ruling on Monday.
In a High Court hearing on 15 January 2019, the court considered the extradition of Daniel O'Connell, a 65‑year‑old Cork man, to the United Kingdom to serve a custodial sentence related to a multimillion‑euro VAT fraud. O'Connell was arrested in 2017 under a European Arrest Warrant issued by UK authorities. He had previously been sentenced in 2000 to eight years' imprisonment for five offences of knowingly evading VAT, and in 2003 received an additional seven‑year sentence for non‑payment of a confiscation order of almost £6 million. By 2016 the order's balance was nearly £6 million plus £5.5 million in interest. The court heard that the confiscation order remained outstanding, making the extradition necessary to enforce the overall sentence. O'Connell's counsel argued that the 17‑year delay invalidated the order under the European Convention on Human Rights, citing disproportionate penalties and lack of evidence of payment ability.
In a High Court hearing on 15 January 2019, Assistant Garda Commissioner John Fintan Fanning's challenge to his suspension pending a Garda Síochána Ombudsman Commission investigation was adjourned for a week. Fanning, who has served nearly 39 years and is due to retire in August, claims the suspension is unlawful and unfair, seeks orders lifting it, restraining the Commissioner from communicating "false" information, and directing cooperation with the GSOC investigation, and also seeks damages. He alleges that GSOC received a protected disclosure from a rank‑and‑file Garda on 3 December, and that he was asked to provide information within 30 days, which he did by 20 December. GSOC then served a notice of a complaint under the Protected Disclosures Act, involving allegations that a Garda was removed from a firearms course after Fanning's intervention and that the same Garda was later involved in an assault.
Silvergrove Nursing Home in Clonee, Co Meath, has filed a High Court challenge against a decision by the State's Chief Inspector of Social Services that cancelled its registration as a designated nursing home. The owners argue the cancellation was based on non‑existent legislative provisions, citing Section 52(1)(b) of the 2007 Health Act and the 2017 Health Act, which do not exist. They also claim the decision relied on inspection reports from February and June 2016, which showed the facility was compliant in most areas, and an October 2018 report by HIQA, an agency they say has no role in monitoring nursing home compliance. The challenge seeks to quash the cancellation, declare procedural unfairness, and stay the notice until the case is heard. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the matter scheduled for a March hearing.