In a High Court case, Jean Philippe Grenet, 56, director of global delivery service for Electronic Arts Ireland, secured an injunction preventing his employer from dismissing him from his €160,000 post. Grenet had been initially dismissed in November after an alleged inappropriate comment in a one‑to‑one video call with a colleague. EA claimed the dismissal was on a no‑fault basis and had withdrawn the initial decision, but later terminated his employment again on December 10, giving him one month's notice. Grenet's lawyers argued the second termination was a sham linked to the first decision. The judge, Mr Justice Tony O'Connor, granted the injunction, ordered EA not to appoint anyone to Grenet's position pending further order, and directed that he be paid his salary and benefits during the period. The case was adjourned to a January hearing.
A 66-year-old man arrested in County Donegal in November on a European Arrest Warrant has had his bail conditions relaxed by the High Court. John Downey is sought by Northern Irish authorities in connection with charges relating to the deaths of two soldiers in Enniskillen on August 25, 1972. The High Court judge, Ms Justice Aileen Donnelly, reduced his signing-on requirements from daily attendance at Letterkenny Garda Station to three times weekly, noting that bail conditions should not be punitive. The judge indicated a legal aid recommendation would be made at the conclusion of proceedings. Mr Downey's legal team has signalled they will contest his extradition, citing an immunity claim under European Arrest Warrant legislation and allegations of abuse of process. A full extradition hearing is scheduled for January 28, 2019.
In a High Court hearing on 20 December 2018, Mr Justice Tony O'Connor ruled that sections of Ireland's 2011 Communications (Retention of Data) Act contravene EU law and the European Convention on Human Rights. The judge found the Act creates an indiscriminate retention regime, violating Articles 7 and 8 of the EU Charter, and that the State's procedures for accessing retained telephone data lack sufficient judicial review. The ruling applies to the case of Graham Dwyer, who seeks to overturn his murder conviction for the death of childcare worker Elaine O'Hara. Dwyer argues that data from his work phone, used at his 2015 trial, was unlawfully obtained and breached his privacy rights. The State maintains that access to retained data is essential for serious crime investigations. The court will consider the State's submissions and adjourn the matter to January, while Dwyer's lawyers will reply in due course.
The High Court heard that Electronic Arts Ireland was fully entitled to dismiss director Philippe Grenet, 56, on December 10, 2018. EA argued the termination was lawful, based on Grenet's contract and a "no‑fault" basis, and that it had no obligation to give a reason. Grenet had previously been dismissed for alleged misconduct after an inappropriate remark during a video call with a female colleague. EA withdrew the first dismissal but later terminated his employment again, giving him one month's notice. Grenet sued to prevent his dismissal as director of global delivery service, seeking a temporary injunction, which the court granted earlier this month. EA denied wrongdoing and rejected claims that the second dismissal was invalid or breached the injunction. The case was before Mr Justice Tony O'Connor, who was expected to decide on Friday. The proceedings remain at the injunction stage.
In a High Court hearing, Philippe Grenet, 56, former director of Electronic Arts Ireland, argues that his dismissal as director of global delivery service was unlawful and that a second dismissal was a sham. Grenet was initially dismissed in November after an alleged inappropriate remark during a video call. He denies the remark and claims it was a clumsy, ill‑advised expression. A temporary injunction was granted ex‑parte and he seeks to keep it until the full hearing. EA, represented by Mark Connaughton SC, maintains that it was entitled to dismiss him under his contract. The case, opened before Mr Justice Tony O'Connor, is expected to conclude on Wednesday. The court will consider whether the first dismissal lacked proper investigation and fair procedures, and whether the second dismissal was technically flawed because the decision was made by a senior employee of EA's American parent rather than an officer of the Irish company.
In a High Court hearing on 18 December 2018, Tom Morrin agreed to comply with orders to vacate 50 acres of land at Caragh, Naas, Co Kildare. He will surrender vacant possession, remove all machinery and livestock, and will not interfere with the receiver's agents, Mr Tom Kavanagh of Deloitte Ireland. The court had previously found that Morrin was in breach of orders issued in July 2017 and dismissed his applications to have the receiver's case dismissed as frivolous, vexatious and an abuse of process. Morrin also agreed not to appeal the 2017 decision and to withdraw his appeal against the orders. A stay on the orders will remain until February, when the matter will return to court. The receiver, appointed in 2013 by Bank of Scotland Ireland, had brought proceedings for Morrin's alleged contempt of the 2017 orders. The case involves ongoing disputes over possession and the use of the land.
A Dublin man has sought freezing orders from the High Court against a financial advisor and two associated companies over the alleged non-return of €159,000 advanced as an investment in 2017. Jamie Murphy claims that James Doherty, operating as Demvera Capital Partners with a registered address in Dublin 4, misappropriated funds intended for investment in a disability home-care firm. One of the defendant companies, Demvera Trust unlimited Company, is registered at Burnfoot Business Park in County Donegal. Murphy contends the money, drawn from a trust fund and personal savings, was never invested as agreed. Efforts to recover the funds have been unsuccessful, with arranged meetings cancelled by Doherty, who cited ill health. Murphy's private investigator has been unable to locate Doherty, believed to be in the UK. Doherty does not appear on any registered accountancy body roll in Ireland, Northern Ireland, or the UK. Ms Justice Leonie Reynolds granted permission on an ex-parte basis to serve short notice of proceedings. The matter will return to court later that week.
The State Examinations Commission and the Minister for Education and Skills have appealed certain aspects of a High Court judgment that allowed student Rebecca Carter to take up a place in veterinary medicine at University College Dublin. The appeal was briefly mentioned before Mr Justice Mary Irvine at the Court of Appeal on Friday. Nuala Butler SC, representing the Minister, stated that the client wished to appeal specific parts of the judgment and sought the earliest possible hearing date. Ms Justice Irvine listed the appeal for late May but expressed hope it could be heard earlier. Ms Carter, of Rectory Hall, Castlebridge, Wexford, will participate as 'legitimus contradictor.' It is understood that her legal costs have been indemnified by the State appellants. The original High Court judgment, delivered by Mr Justice Richard Humphreys, ruled that the appeals process was highly unfair and not fit for purpose. The Minister and Department of Education were directed to review the process to ensure appeals are completed before the start of the academic year in 2019. The outcome of the current appeal will not affect Ms Carter's place at UCD, nor will she be liable for legal costs if the appellate court finds in the State parties' favour. The matter remains at the appeal stage.
Two Leaving Cert students were formally expelled from their secondary school after they filmed and posted a classmate snorting white powder during a lesson. The students appealed to the Department of Education, which has set up a Section 29 Committee to review the case. They obtained High Court injunctions that allow them to remain at school for the current academic year while the appeal is pending. The injunctions were granted by Mr Justice Max Barrett, who noted that the students had not consumed any illegal substance and that the incident was unplanned. The school's board confirmed the expulsion after the injunction was granted, citing the students' behaviour as a serious threat to school order. The Court of Appeal has scheduled the appeal of the injunction for March 28, while the Section 29 Committee will consider the case between January 9 and 21.
Two Dublin men wanted in Northern Ireland for the alleged attempted murder of a police officer have challenged their arrest and detention in Co Donegal through judicial review proceedings in the High Court. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face charges of attempted murder and possession of explosives with intent to endanger life, offences carrying potential life sentences. A European Arrest Warrant relates to an improvised explosive device discovered beneath a serving PSNI officer's vehicle in Co Derry in June 2015. Their legal representatives sought disclosure of custody records, statements, and sample details from their detention at Letterkenny Garda Station in 2015, arguing such information was necessary to oppose their extradition. Counsel for the Minister for Justice contended the applications were speculative and that no duty existed to provide the requested material. Ms Justice Aileen Donnelly reserved judgment, adjourning proceedings to February 2019.
Mr Charlie Jennings, a 65‑year‑old farmer from Carrickamon, Ravensdale, Dundalk, has filed High Court proceedings against the financial fund Promontoria (Oyster) DAC. He seeks to sell 46 acres of land in Castletown, Kilpatrick, Navan, Co. Meath, which he bought in 2005 and 2006 for €590,000 with loans from Ulster Bank that were later purchased by Promontoria in 2016. Jennings claims the fund has not supplied a net redemption figure that would allow him to clear an outstanding loan of about €257,000, preventing him from completing a sale agreed with a buyer since May. He alleges the fund is also demanding payment on other mortgages linked to his son's property and a joint mortgage with a business partner, citing 'all sums due' clauses. Jennings seeks orders compelling Promontoria to provide the redemption figure, to allow the sale, and to prevent interference, as well as damages.
The State has admitted liability in two of several claims brought by Garda whistleblower Maurice McCabe, the High Court was informed. These include a personal injuries claim against the Garda Commissioner, Ireland, and the Attorney General, which was initiated in 2009. Another case, lodged in 2011, involves defamation claims against the same defendants. Counsel for McCabe, Paul McGarry SC, stated that while liability had been admitted, a hearing is needed to assess the level of damages. The court agreed to set a hearing for early April. The State's counsel, Marguerite Bolger SC, expressed hope that mediation could resolve the quantum of damages, though previous mediation efforts had not been successful. McCabe, who retired from An Garda Siochana in October after 30 years of service, has brought multiple cases against various parties, including the HSE and Tusla.
Kenneth Carpenter and Elaine Byrne agreed to vacate their Rowlagh Park home by July after the Criminal Assets Bureau (CAB) claimed the property was bought with proceeds of crime. CAB alleged Mr Carpenter's involvement in drug sales, prior drug convictions, and ties to known criminals. CAB also claimed he misrepresented his employment to secure a mortgage, stating he earned €75,000 as a motor‑car salesman when he did not work for that firm. The house, bought for €317,000 in 2007, was valued at €220,000 with €284,500 still owed. CAB said mortgage payments came from criminal proceeds. The court noted extensive renovations, CCTV installation, and seized items including €20,000 cash, a bullet‑proof vest, luxury watches, a Chanel handbag, and two cars. CAB sought Section 3 orders on the house and other seized items, which the couple accepted. The judge issued orders under the 1996 Proceeds of Crime Act.
Anthony and Kathleen Hogan of Mullica Lower, Donard, Dunlavin, Co Wicklow, have brought High Court proceedings against Kevin Lawlor Senior and his son Kevin Junior, also of Mullica Lower, Donard, Dunlavin. The Hogans claim that a JCB allegedly destroyed a pump house on the Lawlor property in September, leaving their home without running water. They allege that Mr Lawlor Senior demolished the pump house and has since erected a steel fence blocking access to the site, preventing the Hogans from restoring water. The Hogans say Mr Lawlor Senior has been intoxicated and aggressive, threatening them and interfering with workers. They seek injunctions to stop harassment, allow access to the property and right of way, and to enable the restoration of the well and pump house. Mr Justice Tony O'Connor granted Mr Lupton permission to serve short‑notice proceedings on the Lawlors, with the matter adjourned to next week's sitting.
Mr Martin Walsh, a court crier who has served as tipstaff for Circuit Court Judge Doirbhile Flanagan since 2012 and in similar roles since 2001 after retiring from the Defence Forces, has filed a High Court judicial review to challenge the Courts Service's decision to terminate his employment in December following Judge Flanagan's retirement. Walsh argues the decision is unlawful because his contract is of indefinite duration, contrary to the initial temporary terms that allowed termination at any time, a compulsory retirement age of 65, and vacating the post when the judge leaves office. He claims he was appointed to a permanent court crier position in 2005 and that discussions with HR have not resolved the issue. Represented by Ken Fogarty SC and James Doran BL, Walsh seeks orders to quash the termination, compel continued employment, and declare his contract indefinite under the 2003 Protection of Employees Work Act.
A 76-year-old retired teacher, who cannot be identified for legal reasons, is appealing a High Court decision that refused to prohibit his trial on 16 charges of indecently assaulting eight male pupils in a south Dublin school between September 1968 and June 1969. A ninth pupil has also made similar allegations. The defendant, who denies the accusations, argued in the High Court that the deaths of 16 potential witnesses, including staff and inspectors, created a real risk of an unfair trial. Mr Justice Paul McDermott rejected this, finding the case not wholly exceptional. In the Court of Appeal, counsel Patrick Gageby SC submitted that the High Court judge devalued the loss of these irreplaceable witnesses, who could have described the classroom layout and the unlikelihood of the alleged abuse occurring in full view of others. He also highlighted a chronological inconsistency regarding a threat to raise the abuse on a television show that did not start until 1973. The Court of Appeal, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved its judgment. The court acknowledged the age of the case and stated it would endeavour to deliver its decision as early as possible. The matter was adjourned, with a trial date fixed for April.
In a 2018 High Court ruling, Mr Justice Tony O'Connor granted Graham Dwyer limited declarations that sections of Ireland's 2011 Communications (Retention of Data) Act concerning telephony data are inconsistent with EU law and the European Convention on Human Rights. The judge found the Act provides an indiscriminate retention regime that contravenes Articles 7 and 8 of the EU Charter and the European Court of Human Rights, noting that no prior court review or adequate safeguards exist for accessing retained telephone data. The declarations will apply only to telephony data and exclude any effect on state security or human life. Dwyer, who denies murdering childcare worker Elaine O'Hara, intends to use these findings in his appeal against his 2015 conviction, while the State may appeal the decision. The case remains at the appeal stage.
In a High Court hearing on 6 December 2018, the court considered the dismissal of 56‑year‑old Jean Philippe Grenet, Senior Director of Global Delivery Service at Electronic Arts Ireland. Grenet was fired after a complaint that he had made a vulgar remark to a female colleague in a video call on 9 November. He denies saying the alleged phrase, claiming he said, "I don't want to compare the length of my dick." He argues the comment was a clumsy, ill‑advised expression and that the complaint was motivated by malice, as the complainant had previously applied for his role and had a negative attitude toward him. Grenet's lawyers obtained a temporary injunction preventing EA from terminating his employment or appointing a replacement. They argue no proper investigation or fair procedures were followed and that EA's disciplinary process was flawed. The case remains at the High Court stage, with the injunction set to be reviewed next week.
In a High Court case, Luxor Investments Ltd, owner of land at Ship Street Great and Chancery Lane where a Radisson Hotel stands, has sued Wave Point Limited, which plans a 136‑bedroom hotel on an adjoining site. Luxor alleges that Wave Point has breached conditions of its planning permission from An Bord Pleanala and Dublin City Council, specifically that it has not submitted a construction management plan for the proposed hotel. Luxor seeks an injunction requiring Wave Point to prepare such a plan. In a sworn statement, Luxor's director Padraig Rhatigan expressed concerns about earlier demolition work, removal of a wall, installation of barriers without consultation, and the lack of a management plan. Wave Point, represented by Martin Hayden SC and Ross Aylward Bl, denies any breach and argues that preliminary works did not require a plan, though it will submit one for the hotel itself. The case is before Ms Justice Tara Burns.
In a High Court case, Ms Justice Leonie Reynolds expressed concern over the slow progress of an independent assessment for an eight‑year‑old boy who has been out of school since late 2017. The State disputes a diagnosis of Asperger syndrome for the child. Through his mother, the boy seeks orders and declarations, including that the Minister for Education is breaching his constitutional right to education, that he be placed in a local school capable of meeting his special needs, and that he receive a proper assessment to secure the supports he requires. The case first appeared in September but was adjourned due to a dispute over the diagnosis. The assessment was to be carried out by an independent third party, but the initial nominee worked for the HSE and was not deemed independent. An independent assessor has now been agreed, yet the applicant's side has not yet supplied all necessary details about the process.
In a High Court case, a mother has brought a claim for exemplary damages against the HSE, alleging an excessive delay in assessing her four‑year‑old son's special needs. The mother first applied for an assessment in 2016, but the HSE mistakenly closed the application after three months, stating the child had no disability. After the mother appealed, the application was reinstated, yet the assessment report was not completed until November 2017, 14 months after the initial request. The child, diagnosed with autism spectrum disorder, has speech, language, emotional, attention and concentration difficulties. In February 2018 the mother contacted the Early Intervention Team, which told her the child would have to wait six months for services; nine months later the wait was extended by another eight months.
The High Court heard on Thursday that the 39-room Shannon Key West Hotel at Rooskey, on the Leitrim-Roscommon border, is set to accommodate asylum seekers from early January. The hotel is the subject of disputed proceedings between Paradub Ltd, which seeks to develop the property as a tourist hotel, and owner James Kiernan. Paradub claims it entered into an agreement to purchase the hotel, which closed in 2011, and alleges Mr Kiernan has failed to complete the sale. The company launched proceedings after learning from media reports that arrangements had been made to house refugees at the property, which it contends breaches the purchase agreement. Paradub seeks an injunction to prevent Mr Kiernan from leasing or disposing of the property to any third party. Mr Kiernan denies the claims. His counsel stated that a third party had entered into an arrangement with the Department of Justice to use the hotel for asylum seeker accommodation from 7 January.
Brian and David Stenson, brothers who own a commercial unit at Century Business Park in Finglas, claim before the High Court that Promontoria (Oyster) DAC, a so‑called "vulture fund", has wrongfully appointed Mr David O'Connor as receiver over their property. They argue that they have not defaulted on the €2.23 million loan they obtained from Ulster Bank in 2004, and that the fund's demands for repayment in February and September of the same year were based on a mistaken belief that the loans were in default. The Stensons say the fund's appointment of a receiver was an attempt to force them out of the property. They seek injunctions to prevent the fund and Mr O'Connor from interfering with their property rights, from alienating, using, letting or marketing the premises, and they request declarations that no default has occurred and that Promontoria is bound by the original loan terms.
In a High Court hearing, Nokia Ireland has sought orders against its landlord, Clyde Real Estate Blanchardstown Ltd, to prevent the landlord from closing, demolishing or decommissioning a heating, ventilation and air conditioning (HVAC) plant until a full hearing resolves the dispute. Nokia claims that the office, where 100 employees work, has been described as "Arctic" and that temperatures have been too low, citing complaints since 2016. The company argues that the lease requires the landlord to provide heating, ventilating and air conditioning services. Mr. Sean Gallagher, CEO of Clyde Real Estate, disputes the claim, stating that recorded temperatures were within acceptable office ranges and that a replacement HVAC system is scheduled for January. Clyde maintains that it is replacing the obsolete HVAC system and that any electricity and gas costs are the tenant's responsibility. The hearing continues.
Lawyers for 31‑year‑old Artur Celmer, a suspected drugs trafficker, are seeking leave to appeal the High Court's order for his extradition to Poland. Celmer was arrested in Ireland under a European Arrest Warrant and faces drug‑trafficking charges in his native country. The High Court, presided over by Justice Aileen Donnelly, had found "generalised and systemic" violations of the independence of the Polish judiciary, creating a real risk that fair‑trial rights could be breached. The court's concern was whether these issues specifically related to Celmer, following a ruling from the Court of Justice of the European Union. Celmer's counsel, Seán Guerin SC, argues that the case involves a point of law of exceptional public importance and that interference with fair‑trial rights could arise from disciplinary actions against Polish judges. The High Court will issue its ruling on Wednesday, after Celmer's lawyers request a certificate to appeal the decision.
A High Court hearing into the extradition of John Downey (66) to face charges relating to the deaths of two UDR soldiers in Enniskillen on 25 August 1972 has been adjourned. Northern Irish authorities are seeking Mr Downey's surrender to stand trial for murder and aiding and abetting an explosion that killed Lance Corporal Alfred Johnston and Private James Eames on the Irvinestown Road, Cherrymount. Mr Downey, arrested at his home in Creeslough, County Donegal, was remanded on bail. Justice Aileen Donnelly adjourned the matter to 28 January 2019 after Mr Downey's legal representatives applied to seek disclosure of UK state documents. His counsel indicated that material considered during proceedings in London relating to the 1972 events had been held by his solicitor under restrictive conditions and remains relevant to his objections to extradition, which are being filed under the European Arrest Warrant Act.
In a High Court hearing on 22 November 2018, migrant fishermen working on Irish‑registered trawlers alleged exploitation, underpayment, racial abuse, exhaustion and assault, describing their conditions as akin to "modern slavery." The International Transport Workers Federation (ITF) brought proceedings against the State over the Atypical Working Scheme for Non‑EEA Crew, claiming it allows exploitation and potential human trafficking. The ITF seeks injunctions to halt the issuance or renewal of work permits under the scheme, arguing it fails to protect workers from exploitation and trafficking. The case is directed at the Minister for Justice and Equality and the Attorney General. The Irish Human Rights and Equality Commission joined as Amicus Curiae, while the ITF's legal standing was contested. The hearing, before Mr Justice Tony O'Connor, continues.
Beacon One Management Company Ltd, representing about 70 Dublin apartment residents, has filed a High Court action against Beacon Leisure Investments Ltd, the operator of the Beacon Hotel in Sandyford Business Park. The residents argue they have long enjoyed direct access to the hotel through shared doors on several floors, using facilities such as the gym and lifts, including a wheelchair‑user resident who relied on the right of way when his apartment lifts failed. The hotel operators plan to replace the existing doors with fire doors, which would restrict residents' access except in emergencies. The management company seeks orders to prevent the hotel from interfering with or restricting the right of way between the premises. Permission to serve short notice of the proceedings was granted ex‑parte by Justice Leonie Reynolds, and the case will return to court later this month.
In a High Court case involving two craft beer‑brewing firms, Whiplash Beer Limited sued The Dublin Lager Company Limited (trading as Larkins Brewing Company) over access to a shared facility at Renmore Business Park, Kilcoole, Wicklow. Whiplash had obtained a temporary injunction, claiming that the defendant had prevented its owner and director, Mr Alex Laws, from entering the premises, thereby creating uncertainty for the business. The injunction, granted ex‑parte, also barred the defendant from stopping any Whiplash personnel from accessing the shared premises. The defendant denied wrongdoing and sought to lift the injunction. A court hearing was scheduled to decide whether the injunction should remain until the case was resolved. Following a recommendation by Mr Justice David Barniville, the parties agreed to mediation. When the case returned before the court, Ms Justice Leonie Reynolds was informed by Whiplash's counsel that mediation had led to a settlement, and the case was struck out.
A High Court challenge has been brought against a policy preventing undocumented persons from applying for or renewing driving licences. The applicant, a Chinese national residing in Ireland for over 18 years on an expired student visa, had his renewal application refused by the National Driver Licence Service (NDLS) in August because he could not prove 'residency entitlement'. Counsel for the applicant, Micheal P. O'Higgins SC and Keith Spencer Bl, argued that a May 2018 policy change, introduced by the NDLS and the Road Safety Authority (RSA), requires applicants to submit specific documents such as a passport or birth certificate. They contended this requirement disproportionately interferes with rights and is contrary to law, citing a recent Supreme Court decision on asylum seekers' work rights. The action names the NDLS, RSA, the Minister for Transport, Tourism and Sport, and the Attorney General as respondents. The applicant seeks orders quashing the refusal of his licence renewal and the policy itself, along with declarations that the policy is unlawful and in excess of jurisdiction. Permission to bring the proceedings was granted on an ex parte basis by Mr Justice Seamus Noonan. The matter was adjourned and will return before the court in December.
Paradub Limited has launched High Court proceedings against James Kiernan, seeking to prevent the Shannon Key West Hotel in Rooskey, Co Leitrim, from being used to house refugees. The company alleges it holds a 2016 option agreement to purchase the 39-room property from Mr Kiernan for nearly €600,000, which it claims he failed to complete. Paradub asserts that recent plans to lease the hotel for refugee accommodation breach this agreement and frustrate the sale. The applicant seeks an injunction restraining the defendant from leasing, transferring, or disposing of the property to any third party, as well as an order halting works at the site pending the court's determination. In a sworn statement, Paradub director Ashton Doherty stated that despite Mr Kiernan's March assurance to local radio that he intended to sell the property, the company recently learned the refugee housing plan had been resurrected. The matter was heard before Ms Justice Leonie Reynolds, who granted Paradub permission on an ex-parte basis to serve short notice of the proceedings on the defendant. The case was adjourned and made returnable to Tuesday's sitting of the court. Richard Kean SC, instructed by solicitor Georgina Robinson, represented the applicant, emphasizing the need to compel specific performance of the sale agreement.
In a High Court hearing on 15 November 2018, Mr Justice Seamus Noonan expressed surprise that a dispute over the alleged expulsion of two schoolboys had not been referred to mediation. The boys, who were in their Leaving Cert year, had posted videos on social media showing a classmate snorting a white powder during a lesson. The school, after being alerted by one of the boys' mothers, had suspended the students pending a board decision scheduled for 23 November. Counsel for the board argued the students should be expelled, citing the Education Act, while the students' lawyers claimed the process was unfair and that the school had misled them about the consequences of their statements. Mr Justice Noonan set a hearing for the students' application to be readmitted, to take place next Tuesday, pending the full hearing. The students seek to quash the expulsion decision and to be readmitted to the school.
In November 2018, Berlin‑based W2 Filmproduktion Vertriebs GmbH filed a derivative action against Irish film producers Morgan O'Sullivan and James Flynn, alleging that the two diverted between €40 million and €50 million from Octagon Films Ltd, a company in which they are shareholders, to themselves or to corporate entities they control. W2 claims breach of duty, fraud and conspiracy, and seeks damages and a declaration that the defendants must account for all profits made through Octagon and the producers' involvement in numerous TV and film productions. O'Sullivan and Flynn deny the allegations, asserting they did not divert any fees or income and that Octagon was a separate entity devoted to film development. They argue that the company benefited from their association with projects outside Octagon's business and will provide forensic accountancy evidence to refute W2's claims.
Professor Kieran Byrne, former president of Waterford Institute of Technology (WIT), has brought a High Court action claiming humiliation and reputational damage after WIT's governing body declined to reappoint him in 2011. Byrne, who served as president from 2001 to 2011, alleges that a 2011 Irish Examiner article on the President's Office expenses prompted the governing body to postpone ratification and ultimately reject his reappointment. He contends the selection process was flawed, that WIT misrepresented that he would be reappointed, and that the body considered irrelevant factors, including the media report. Byrne seeks declarations that the decision was null and void, that he was entitled to the post, and damages for negligence, breach of contract, breach of legitimate expectation and misrepresentation. WIT denies wrongdoing, asserting a transparent process and that the media report was considered in its decision. The case remains pending.
Two teenage boys have filed High Court challenges against their expulsions from a secondary school after they posted videos on social media showing a classmate snorting a white powder during a lesson. The videos, which were reportedly seen by only a few people, were discovered by one of the boy's mothers and brought to the school's attention. The school's board of management decided to exclude the boys, citing that their behaviour posed a serious threat to the school's order and discipline. The boys' lawyers argue that the board's decision breached fair procedures, was disproportionate, and ignored the principal's recommendation not to expel them. They also claim the boys were not warned that their statements could be used against them. The boys seek orders to quash the expulsion decision, to be readmitted, and to have the school provide appropriate educational provisions. The case will return to the court on Thursday.
Garda Keith Harrison has launched a High Court challenge seeking to quash findings made against him in reports from the Disclosures Tribunal. The Donegal-based officer alleges a prior professional involvement between tribunal chair Mr Justice Peter Charleton and witness Chief Superintendent Terry McGinn, stemming from the Morris Tribunal (2002-05). Harrison's solicitors argue this relationship breaches natural and constitutional justice and Article 6 of the European Convention on Human Rights. They seek orders to quash findings in the second and third interim reports, prohibit further publication of those sections, and preclude the judge from dealing with other matters relating to Harrison. The tribunal previously rejected Harrison's request to set aside the reports, describing the steps as "absurd and repugnant." In the interim reports, Mr Justice Charleton found that allegations examined by the tribunal, including those made by Harrison and his partner Marissa Simms, were "entirely without any validity." Harrison had alleged he was the victim of a five-year intimidation campaign following a 2009 arrest of a fellow officer for drink driving in Athlone, and that Simms was compelled to make a statement against him, leading to a Tusla referral. Permission to bring the action was granted on an ex-parte basis by Mr Justice Seamus Noonan, who found arguable grounds had been raised. The matter was adjourned and will return before the courts in two weeks.
The Revenue Commissioners' application to wind up Munster Football Club Ltd, trading as Limerick FC, was struck out by the High Court. The collector general had petitioned for the club's liquidation over unpaid taxes, including PAYE and PRSI, but the amount was not disclosed. The court heard that the matter had been resolved and no club representation was made. Limerick FC, a former League of Ireland champion, had recently been relegated to the 1st Division after a play‑off loss to Finn Harps.
In a High Court case involving two craft‑beer firms, Whiplash Beer Limited has sued The Dublin Lager Company Limited, trading as Larkins Brewing Company, over access to a shared facility at Renmore Business Park, Kilcoole, Wicklow. Whiplash secured a temporary injunction last month, claiming that the defendant had prevented Mr Alex Lawes, an award‑winning brewer and Whiplash owner, from entering the premises, thereby creating uncertainty for the business. The injunction, granted ex‑parte, barred the defendant from interfering with Whiplash's operations and from stopping Whiplash personnel, represented by Rory Kennedy Bl, from entering the shared premises. The defendant, represented by Eugene Gleeson SC, denied wrongdoing and sought the injunction lifted. When the case returned to the High Court, Mr Justice David Barniville, noting the dispute was "a very obvious case for mediation," allowed the parties to agree to mediation, which is scheduled for early next week. The judge adjourned the matter for a week.
An asylum seeker who had a child with a security guard at a direct provision centre sought to register the boy's birth certificate with the father's surname. The Registrar General refused, saying the father must attend in person and consent. The mother, represented by Feichin McDonagh SC and Brendan Hennessy Bl, brought a High Court action demanding the Registrar to register the surname under the 2004 Civil Registration Act. She argued the refusal was flawed, irrational, and outside the Registrar's powers, and that the boy had a right to the surname where evidence of the father's identity existed. The court heard the mother's relationship with the father had ended before the birth and that she had a maintenance order against him. The case was resolved when the father's surname was finally registered on the child's birth certificate, and the matter was struck out.
A Garda, who cannot be identified for legal reasons, has taken a High Court action against Google to compel the removal of a YouTube video that he says defames him. The video, over three minutes long, was filmed at a 2016 public order incident where the Garda and other officers were involved in an arrest. In the commentary, the Garda is falsely accused of kicking a minor in the head, assaulting the young person, and "booting" him. He argues that the audio does not match the images and that the statements are unfounded, damaging his reputation as an officer. After attempts to contact the uploader failed, the Garda's solicitors wrote to YouTube, demanding removal. When the video remained online, the Garda sought an injunction against YouTube and Google Ireland, as well as orders to disclose the uploader's identity and prevent further postings. A temporary injunction had previously been granted but was replaced by an undertaking.
A 66-year-old man from Donegal has been granted bail by the High Court pending an extradition hearing to face charges in Northern Ireland. The man was arrested at his home in Creeslough on a European Arrest Warrant relating to the deaths of two UDR soldiers killed in an explosion in Enniskillen in 1972, and charges connected to the 1982 Hyde Park bombing in London. He was released on bail comprising his own bond of €5,000 and an independent surety of €30,000. The High Court judge found bail appropriate despite serious allegations, noting residential ties and family connections reduced flight risk. Bail conditions require him to sign on daily at Letterkenny Garda Station, reside at his registered address, maintain contact with gardaí, and remain within the State. His defence counsel has indicated objections to extradition will be raised, including arguments regarding immunity under the Good Friday Agreement and abuse of process. A full extradition hearing is scheduled for 23 November.
In November 2017 a High Court judge ordered the extradition of Denis Harrington, a 42‑year‑old from Cork, to the Netherlands for seven alleged fraud offences between 2014 and 2015. The Dutch authorities allege that Harrington, as part of a group of Irish Travellers, targeted mainly senior homeowners with a roof‑repair scam. Victims were told urgent roof work was needed; the men then removed roof tiles and battens, causing leaks and damage. Harrington was arrested under a European Arrest Warrant issued by Dutch authorities in August 2017. His lawyers challenged the warrant, arguing it was verbal and contained ambiguities. The judge noted the warrant incorrectly listed ten offences and clarified it covered seven. Harrington is currently serving a prison sentence in Ireland until 20 December, after which the court will finalize the extradition order. The case centres on the alleged use of false names, fictitious companies, and coercive tactics to obtain payments from victims.
Patrick Wheelock, an engineer and businessman, has taken the High Court to challenge the appointment of Stephen Tennant of Grant Thornton as receiver over his Monvoy lands in County Waterford. Wheelock alleges that the signatures on deeds of mortgage, purportedly charging his property to the now-defunct Anglo Irish Bank, are forgeries. He claims he never agreed to any mortgage or charge and was unaware of the purported deeds until 2014, when he sued his former accountant for alleged fraud and misappropriation of €7.9 million. The accountant had allegedly falsified Wheelock's signature on documents dated 2003 and 2008, creating security interests in favour of Anglo. NAMA acquired the mortgages, sold them to Promontoria in 2017, and Promontoria appointed a receiver to bypass commercial court proceedings. Wheelock seeks orders preventing the receiver from selling or advertising the Monvoy lands, which he intends to develop. The case is currently before the Commercial Court, with the matter returned to Friday's sitting.
John Downey, 66, appeared before the High Court on an extradition warrant issued by Northern Irish authorities. He is accused of involvement in the 1972 Enniskillen bombing that killed two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames. Downey was arrested at his home in Co Donegal on Monday under a European Arrest Warrant. His counsel, Garnet Orange SC, stated that Downey would contest the surrender application and expressed anxiety regarding bail, citing medical conditions including a recent pacemaker implantation. The State's counsel, Ronan Kennedy BL, indicated the State did not consent to bail but did not object to an early application. Justice Aileen Donnelly verified Downey's identity and fixed November 23 for the full hearing of the extradition case. She remanded Downey in custody until that date and scheduled a bail application hearing for November 8. The matter was adjourned to these future dates. Downey's previous trial for the 1982 Hyde Park bombing collapsed in 2014. He is the first individual charged under the "on-the-run" scheme since it was criticized for distorting justice. Several Sinn Féin TDs attended the brief hearing.
In November 2018 the High Court heard a claim by joint receivers Stephen Tennant and Nicholas O'Dwyer of Grant Thornton, appointed over about 27 acres at Coney Hill, Ballbriggan, to prevent the sale of the land. The receivers alleged that the landowner John Walls Senior, his son John Walls Junior and Fingal Target Sporting Club were attempting to frustrate the sale by obstructing access. Temporary injunctions were granted requiring the Walls and the club to remove any vehicle or obstacle from entrances and exits and to surrender vacant possession to the receivers. The receivers said they feared the sale agreement, entered in mid‑October, could be lost due to the defendants' alleged unlawful actions. They also sought a judgment of €1.4 million against Mr Walls Senior for failing to repay a loan secured by the land. The injunction was granted ex‑parte by Justice Teresa Pilkington and is returnable next week.
In a High Court trial, Mr Justice Denis McDonald awarded €66,300 in damages to applicant Colie Conneely following a workplace accident. Conneely, who worked for Thermo King Ireland Ltd for over 30 years, tripped at the factory entrance in Galway on February 17, 2014, suffering injuries to his shoulder, hip, and knee. He alleged his employer was negligent for failing to maintain a safe workplace, conduct risk assessments, or warn of tripping hazards, breaching the 2005 Safety, Health and Welfare at Work Act. The defendant denied liability, claiming Conneely contributed to his own injuries and did not report the incident until the next day. The judge found no contributory negligence, determining that a 10mm differential between a paving slab and a concrete channel caused the fall. He noted that proper maintenance would have revealed the hazard. Conneely was out of work for 17 weeks, required surgery, and experienced difficulties with hobbies such as darts and gardening. The judge described Conneely as a frank and honest witness who downplayed the severity of his injury. The court held the company 100% liable for the damages. Ros Greal is identified as the applicant's address in the proceedings.
In a High Court case in Co. Wexford, a dispute between John B. Dockrell Ltd and farmer Mr. John Kinsella over 150 acres at Lodgewood was resolved. The company had obtained an injunction after alleging that Kinsella had trespassed, blocked access with concrete blocks and vehicles, and illegally ploughed the land. Kinsella, who represented himself, contested the allegations and was later imprisoned for contempt of court. After a brief stay at Mountjoy Prison, he complied with the injunction. The parties reached a settlement, and the court granted orders preventing Kinsella and those acting with him from trespassing or obstructing the property, while allowing costs orders to be adjourned with permission to re‑enter if the orders were breached. The judge approved the settlement and the orders were granted.
A 79-year-old US-Irish citizen appeared before the High Court in Dublin regarding an extradition request from New York. The FBI alleges the defendant has been producing child pornography for decades, specifically participating in the production, possession, and sale of such material for at least 30 years. He is wanted to face trial on charges of sexual exploitation and transportation of a minor, as well as two counts of possessing child pornography. The allegations state he filmed, recorded, or photographed himself and others engaging in sexually explicit conduct with minors under 18, both in the US and abroad, and maintained a collection of this material. Opposing the surrender, his barrister, Kieran Kelly BL, argued that extradition should be refused due to the defendant's age and a list of more than a dozen simultaneous medical conditions. Mr Kelly contended that custody in America would constitute inhumane and degrading treatment given his ill health. He further stated the client was concerned about the pursuit of the case, noting plans to deport him before his Irish citizenship was established, and expressed a desire to be tried in Ireland for the alleged offences. Ms Justice Aileen Donnelly reserved her judgment, which is scheduled to be delivered on December 3. The defendant was remanded in continuing custody until that date.
In a High Court case involving two dentists who shared premises at Market Point, Mullingar, the dispute was settled after both parties withdrew all allegations. Dr Michael Maguire had alleged that Dr James Hiney installed a secret camera to surveil his staff, while Hiney claimed the camera was for security and not for spying. Maguire sought injunctions to prevent Hiney from monitoring his employees. Following a second mediation, the parties agreed to strike out the case. The settlement included a statement that both dentists withdrew all claims of improper conduct, acknowledged that Hiney's CCTV was not intended to surveil Maguire or his patients, and that any contact with patients was not for solicitation. No further details of the agreement were disclosed. The case was dismissed by the court.
In a High Court hearing on 24 October 2018, Justice Carmel Stewart dismissed a Dublin couple's application for legal aid to challenge the Criminal Asset Bureau's (CAB) claim that a house on Casement Drive, an apartment in Bulgaria and about €72,000 in cash were proceeds of crime. CAB had obtained freezing orders in November 2016 under the Proceeds of Crime Act against Mr Jason Boyle and his parents, Laurence and Rosaleen Boyle, for the said assets. The Boyles denied the claim, asserting the cash was savings from Mr Boyle's business over ten years and that the properties were purchased with proceeds from their former home and family loans. Mr Boyle, aged 58, described the cash as hidden due to mistrust of banks and to protect his son with a drug problem. Mrs Boyle, aged 56, said she was not working.