In a Dublin trial, 35‑year‑old Laura Kenna was charged with attempted murder and assault for slitting the throat of civil servant Fionnuala Bourke on Lower Drumcondra Road on 3 January 2017. Kenna pleaded not guilty by reason of insanity. The jury heard conflicting psychiatric reports: one psychiatrist said Kenna was in a psychotic state and could not control her actions, while the other argued she knew what she was doing and was motivated by robbery. The jury deliberated for about four hours and forty minutes but could not reach a verdict. Judge Robert Eagar discharged the jury after a disagreement was recorded, and the case was remitted for a possible retrial in November. Kenna made no reaction to the announcement of the jury's failure to decide.
Blue Diamond Sports Ltd, trading as Dundalk Bureau de Change, and its sister company Blue Diamond Sports No 2 Ltd have applied to the High Court for an injunction to stop the Bank of Ireland from terminating their banking relationship. The banks claim the firms are linked to money‑laundering activity and have therefore decided to close their accounts. Blue Diamond denies any wrongdoing, arguing that the bank's decision is discriminatory, disproportionate, lacks objectivity and is unlawful. The firm, which acts as an agent for Moneygram International Ltd, says it has been unable to secure alternative banking services and that the loss of its accounts would force it out of business. The application seeks declarations that the bank's withdrawal of services is unlawful, discriminatory, disproportionate and breaches EU payment‑services regulations.
In a High Court case that could have stopped the promotion of hundreds of Gardaí to sergeant, Garda Keith Blythe sought an injunction to pause the Garda Sergeant Promotion Competition until his internal appeal over an alleged inappropriate interview question was fully investigated. Blythe claimed a senior officer asked him about "whistleblowers," which he said was unsuitable and affected his score of 205 out of 250. He also demanded a declaration that the promotion system was irregular and flawed, and sought damages for breach of contract and duty. The Minister for Justice and the Garda Commissioner opposed the application. The case was adjourned several times, and on Thursday Andrew Walker Bl informed Justice Caroline Costello that the matter had been resolved and could be struck out, though no settlement details were disclosed. Blythe, who works in the legal department at Garda Headquarters, had argued that the system lacked transparency, probity and fairness and was not merit‑based.
Infront Italy SPA, acting as an agent for the Serie A Professional Football League, obtained a High Court freezing order to prevent Media Partners & Silva Limited from reducing its assets below €18 million. The order arose from a dispute over payments for the international audiovisual rights to Serie A matches, which Media Partners & Silva had agreed to hold from the 2015‑16 to the 2017‑18 seasons for €4.68 million per season. Infront claimed that, as of June 2018, it was owed approximately €22 million, a debt acknowledged by the defendant's CEO. Media Partners & Silva had agreed to monthly payments of €5.5 million from September to December 2018, but none were made. The court granted the injunction ex‑parte on Tuesday, with a return hearing scheduled for the following week. The order aims to protect Infront's interests amid concerns that the defendant may dissipate assets or be insolvent.
In a High Court case concerning the sale of allegedly "clocked" second‑hand cars imported from Japan, the action against Mr Ali Babar, Mr Ali Asad and Cars Point Ltd was resolved and struck out. The plaintiffs, Stuart Kessie, John McCormack and Caroline Bermingham, claimed that more than 20 vehicles they purchased from the defendants had their odometers tampered with, reducing mileage from around 170,000 km to about 63,000 km, and that they were deceived into paying a higher price. They sought refunds and had approached Gardaí. Temporary freezing orders were obtained against Mr Babar and Mr Asad, but the defendants did not appear in court. Judge Caroline Costello agreed to strike out the proceedings and vacated the freezing orders, with no details of any settlement disclosed. The case was therefore concluded without a judgment on the alleged fraud.
The High Court was informed that protesters had vacated 41 Belvedere Place after MJH Property Management obtained an injunction compelling them to leave. MJH, represented by Stephen Hanaphy BL, claimed the building was taken over on 8 September by individuals linked to the "Take Back the City" campaign. The owners said the premises were unsafe for occupation and intended to develop the Georgian property into apartments. The court noted the protestors had complied with the order and the owners could seek to strike out the proceedings.
In a High Court hearing on 12 October 2018, Sophia Housing Association sued Derek Smith and Elena Hinchon, tenants of an apartment complex on Cork Street, Dublin 8, for alleged anti‑social behaviour. The association had obtained an injunction in August 2018 requiring the couple and their four children to vacate the premises and to refrain from intimidating or threatening staff or agents. The couple, who represented themselves, denied the allegations, calling the claims "lies," but agreed to leave the apartment. After the couple returned to the complex, the court found they had no right to remain there and were in breach of the court's orders. The judge allowed the family to retrieve their belongings over the next few days and authorised Sophia to provide financial assistance for storage. The case was adjourned to a later date in the month. The injunction was supported by an adjudication from the Residential Tenancies Board, which the couple did not appeal.
In October 2018 a High Court hearing was held in Dublin where a bank‑appointed receiver, Declan Taite, sought vacant possession of 76 Pearse Street. Taite, who had been receiver since 2013, alleged that the property had been occupied by unknown persons since early September without lawful right. He claimed the occupants had changed the locks and moved in around 6 September, and that a blockade prevented the receiver's agents from entering. A banner reading "Pearse Street Occupation" was reportedly displayed outside. The receiver sought orders to stop trespassing and to recover possession. Justice Caroline Costello granted the receiver's lawyers permission to serve short notice to the occupants on an ex‑parte basis and adjourned the case to a date next week. The action is part of a series of High Court proceedings against occupants of vacant central Dublin properties used to highlight the homelessness crisis.
Peter Conlon, the managing director of the Dublin‑based charity‑fundraising platform Pembroke Dynamic Internet Services, is currently detained in a Swiss prison and intends to contest High Court orders that have frozen his assets, including bank accounts, valued at €3.8 million. The injunction was granted earlier this year after liquidator Myles Kirby, appointed to wind up the company over a €400,000 debt to Revenue, discovered that some €3.8 million donated through the platform had not reached the intended charities. Kirby alleges Conlon engaged in "very serious misconduct" by diverting company funds for personal use. Conlon, 63, has been formally served with the case documents while in the Swiss jail and has retained an Irish solicitor to represent him. The court has adjourned the case for several weeks, with a hearing scheduled for November, while the injunction remains in place pending the outcome of the application to keep it.
In a High Court hearing on 9 October 2018, Alex Lawes, co‑founder of Whiplash Beer Limited and twice named "Best Brewer in Ireland", was told that he had been "locked out" and banned from the shared brewery premises in Renmore Business Park, Kilcoole, where Whiplash and The Dublin Lager Company Limited (trading as Larkins Brewing Company) brew and package their beers. Lawes' legal representative, Rory Kennedy BL, explained that the ban was imposed by the defendant, a family‑owned microbrewery, who alleged that Lawes was a bully – an allegation Lawes denied. The defendant also threatened to terminate Whiplash's contract, which guaranteed 24‑hour access to the premises, and to force Whiplash to relocate. The contract, which had two years remaining, was said to be breached. Whiplash has sought an alternative brewing site but cannot move immediately, offering to vacate by the end of March 2019.
In a High Court hearing on 9 October 2018, professional golfer Kevin Beirth was ordered to give a sworn undertaking to cease presenting himself as a member or affiliate of the Professional Golfers Association (PGA). The PGA had previously sought to have Beirth imprisoned for contempt of court, alleging that he had breached earlier undertakings by continuing to portray himself as a PGA professional and offering lessons under that title. Beirth had been expelled from the PGA in 2012 after a disciplinary process and had previously settled a 2013 dispute with the association. The High Court, presided over by Ms Justice Caroline Costello, accepted Beirth's undertaking that he would not represent, be part of, affiliate with, or promote the PGA unless written agreement existed. The PGA's attachment and committal proceedings were therefore resolved. The case remains at the High Court stage, with no further sentencing or imprisonment imposed.
A County Roscommon farmer has been jailed for three weeks for contempt of a High Court order at the High Court in Dublin. Mr Justice Michael Twomey imposed the sentence on Eugene Costello for failing to remove livestock from 90 acres of farmland at Coolfree, Taughmaconnell, Ballinasloe. Carlisle Mortgages Ltd brought the proceedings, claiming Mr Costello obstructed the sale of the property by keeping cattle on it. The lender sought to sell the land after Mr Costello allegedly failed to repay borrowings from 2004, with approximately €1.4 million outstanding. Mr Costello had undertaken to remove the animals by August 25th but failed to do so. He accepted non-compliance with previous undertakings, though his solicitor disputed whether the livestock in photographs belonged to his client. The judge declined to continue a previously imposed stay on the committal order. This marks Mr Costello's third jailing for contempt in connection with the matter.
Garda Keith Harrison, who appeared before the Disclosures Tribunal, has filed a High Court case to halt an internal Garda investigation into alleged breaches of discipline. Harrison, who denies any misconduct, argues that the tribunal's interim report, which criticised him, has no legal effect and should not be used by the Garda Commissioner to discipline him. The investigation was ordered by a Garda Superintendent after the tribunal found Harrison's and his partner Marissa Simms' allegations—about coercion to testify and a five‑year intimidation campaign—to be "entirely without any validity." Harrison's lawyers claim the Commissioner is acting unlawfully, outside his jurisdiction, and in breach of the 2014 Protective Disclosures Act by relying on the tribunal's findings. The High Court granted permission for the action on an ex‑parte basis, with the case to be heard later this month.
In October 2018, the High Court case in which Harcourt Developments sought to stop Crest Nicholson from threatening to wind up the Irish company over a £2 million debt was settled. Harcourt, which says it is not insolvent and employs more than 800 people, had brought an action against the Surrey‑based Crest Nicholson, alleging that the firm was "improperly" threatening liquidation and that the petition was an attempt to force Harcourt to sell development lands in the UK at a significant undervalue. Harcourt claimed Crest had an ulterior motive and that the petition was a tactic to compel the sale of its interest in the development. The parties had previously agreed to develop lands near Bristol into housing, but the relationship broke down in 2015 when Crest sought to terminate the Joint Landowners Agreement.
Friends of the Irish Environment CLG has obtained permission to bring a High Court challenge against An Bord Pleanála's decision to extend planning permission for a Liquid Natural Gas terminal on the Shannon Estuary. The NGO seeks to quash the five‑year extension granted on 13 July to Shannon LNG Ltd, which would allow the construction of four large tanks, jetties and associated works at Kilcolgan near Tarbet, north Co Kerry. The challenge argues that the planning authority failed to consider significant environmental effects, particularly on local wildlife such as Bottlenosed Dolphins in the Lower River Shannon Special Area of Conservation, and neglected the 2015 Climate Action and Low Carbon Development Act and relevant EU Habitats Directive information. The NGO, represented by John Kenny Bl and solicitor Fred Logue, requests an order quashing the decision and declarations that the Board erred in law. Shannon LNG Ltd and Kerry County Council are notice parties.
The Irish Examiner has opposed former Garda Commissioner Noirin O'Sullivan's request to extend the time limit for a defamation action against the newspaper. O'Sullivan, who served as Commissioner from 2014 to 2017, claims she was defamed by an article that appeared on the front page of the Examiner on 4 October 2016. The article, which was prompted by allegations raised in the Dáil by Michael Martin and subsequently investigated by a Commission of Inquiry led by Justice Peter Charleton, reported on protected disclosures made by Garda Superintendent Dave Taylor and Sergeant Maurice McCabe about an alleged campaign to damage a whistleblower. O'Sullivan says the article harmed her reputation and that she was unable to bring proceedings until now, citing the toll on her and her family. The Examiner argues that it published the story in the public interest, that O'Sullivan was not named or identified as a senior Garda, and that it has a strong defence to the claims.
In a High Court hearing, Mr Justice Richard Humphreys delivered a written judgment in an application brought by Rebecca Carter, an 18-year-old student from Rectory Hall, Castlebridge, Wexford, against the State Examination Commission (SEC). The judge found that the SEC's error correction system was "manifestly not fit for purpose" and "highly unfair," causing "untold stress" to applicants. The case concerned Carter's Leaving Certificate points, which were wrongly computed, initially leaving her six points short of the requirement for Veterinary Medicine at UCD. Following a review, her Business Studies grade was increased from H2 to H1, correcting the total to qualify her for the course. The judge ruled that the SEC must rectify the error in totalling marks before UCD closed its 2018 admissions. Although Carter successfully secured her place and was awarded costs, the judge noted she lost the initial weeks of her course due to delays in the appeal process. The judgment criticized the lack of coordination among education agencies, stating the situation "cannot be repeated." The SEC had opposed the application, arguing it was self-serving, but the judge acknowledged the severe stress the matter caused Carter. The decision highlights systemic failures in the review process, despite the successful outcome for the applicant.
In a High Court case, Mr Justice Tony O'Connor referred the matter to the Law Society of Ireland after a bank‑appointed receiver obtained orders for vacant possession of a house at Kildawn Lower, Redshire Road, Murrintown, Co. Wexford. The orders were granted against David Lawlor, Charlee Somers and their two‑year‑old child, who had been living there since July, and the property's owner, Mr Peter Doyle. The judge was troubled by affidavits from Doyle and Somers that contained irrelevant legal points and described the couple as "vulnerable people" who had been "sold a pup". He found that Start Mortgages DAC and receiver John Coulston were entitled to injunctions, noting that the couple had no right to occupy the premises and were trespassers. The judge also noted that Doyle had consulted solicitor Charles Allen for advice, prompting the referral for investigation. The injunction gave the couple 14 days to vacate the property.
In a High Court hearing on 2 October 2018, MJH Property Management, owners of 41 Belvedere Place, Dublin 1, reported that protestors had not vacated the building despite a court‑issued injunction. The injunction, granted last month, required unknown persons to leave the premises immediately and cease unlawful trespass. The owners said the occupation began on 8 September when members of the "Take Back the City" campaign forcibly entered the vacant Georgian building, which they plan to develop into apartments. They argued the building is unsafe and unsuitable for the occupation, and that continued trespass would breach fire safety regulations and jeopardise insurance. No representation was made on behalf of the occupants at the hearing. The judge adjourned the matter for two weeks, noting the owners were taking steps to resolve the situation. The case follows similar High Court actions at other north inner‑city properties occupied by protestors.
In a 2018 High Court case, a woman who had pleaded guilty to assaulting her four‑year‑old son was later denied the right to change her plea. The court held that the judge's comments had unduly influenced her decision, but the High Court quashed the refusal to allow a judicial review. The Director of Public Prosecutions appealed, arguing that the trial had not yet concluded and that a judicial review was premature. The Court of Appeal, led by Mr Justice John Hedigan, ruled that a judicial review should not intervene before sentencing. The court emphasized that the appropriate remedy was to proceed to sentencing and, only after that, consider an appeal. The decision was joined by Mr Justice John Edwards and Mr Justice Patrick McCarthy. The unnamed accused pleaded not guilty.
Ms Justice Aileen Donnelly of the Irish High Court has asked Polish authorities to explain how Artur Celmer, a 31‑year‑old Polish man wanted for drug trafficking, will receive a fair trial after Deputy Minister of Justice Marcin Warchol described him in the press as a "dangerous criminal from a drug mafia." Donnelly said such remarks threaten Celmer's presumption of innocence, a principle protected by the European Convention on Human Rights. She noted that the Polish Minister of Justice also serves as public prosecutor and has disciplinary powers over court presidents, raising concerns about judicial independence. Donnelly will send a list of questions to Poland and has invited counsel for Celmer and the Irish Minister for Justice to submit drafts. She has not yet decided whether Celmer's rights have been violated, but she is seeking information to assess the risk of a breach of his right to a fair trial.
In a High Court ruling, Justice Úna Ní Raifeartaigh ordered the Irish Countrywoman's Association (ICA) to hold fresh elections for its national executive within two months, with results announced before 30 September. The judge found that the ICA had breached its constitution by failing to count ballots before its May AGM and by allowing the current executive to remain in a caretaker role. Ms Patricia Madden, a member and barrister, had claimed the organisation had violated its constitution and sought injunctions to prevent filling vacancies. The ICA, represented by Frank Beatty SC, acknowledged ballot problems and proposed new elections, but Ms Madden rejected those proposals. The judge confirmed that the current executive may stay in place until the new elections are completed, and that any constitutional changes are the ICA's responsibility, not the court's. The decision will be set out in a written judgment later.
In a High Court decision on 31 July 2018, Mr Justice David Barniville remitted a controversial planning application for 500 housing units in Raheny back to An Bord Pleanála for fresh consideration. The application, made by developer Marlet's subsidiary Crekav Trading, sought to build 104 houses and 432 apartments on land that had been used as six playing pitches by St Paul's College. The board had previously granted approval under a fast‑track process that bypassed the local authority, but the judge quashed that decision, citing an error in the board's approval. He ordered the matter to be remitted to the board, but only to the extent necessary to undo the invalid step, and left open the possibility for the applicants to raise other grounds in future proceedings.
In a High Court hearing on 30 July 2018, singer Sinead O'Connor was heard to possibly represent herself in legal actions brought by her former manager, Fachtna O'Ceallaigh, and his company, TAL Management. O'Connor denied the breach‑of‑contract and defamation claims. The case was presented to Mr Justice Seamus Noonan, who noted that O'Connor had previously dismissed her legal team and now wished to be unrepresented. John Gordon SC, acting for O'Ceallaigh, said the parties sought to have the defamation and breach‑of‑contract matters heard by the same judge rather than a jury, and that O'Connor had delayed discovery of documents and sent abusive emails. The judge adjourned the matter to October for case management, stating that pre‑trial issues would be heard regardless of O'Connor's representation status. Neither O'Connor nor O'Ceallaigh were present in court.
In a High Court case, environmental campaigner Peter Sweetman challenged Kerry County Council's decision to grant planning permission to Healy Rae Plant Hire Limited, a company owned by TD Danny Healy Rae, to raise a 1.8‑hectare field in Kilgarvan. Sweetman argues the council failed to obtain a waste licence, conduct an Environmental Impact Assessment or an Appropriate Assessment, and ignored the field's poor drainage, peaty soils and proximity to protected habitats. He claims the development contravenes the Kerry Development Plan and EU directives on habitat conservation. Sweetman seeks an order quashing the council's decision, declarations that the council acted outside its statutory remit, and that the state failed to transpose relevant EU directives. The court granted Sweetman permission to proceed ex‑parte, with the case scheduled for a November hearing. The council and Healy Rae Plant Hire are notice parties.
In a High Court hearing, a barrister argued that Polish Deputy Justice Minister Marcin Warchol's "inappropriate" remarks about 31‑year‑old Artur Celmer should not block his extradition to Poland for alleged drug trafficking. Warchol had called Celmer a "drug mafia criminal," raising concerns about Celmer's right to a fair trial. Counsel for Celmer, Sean Guerin, presented the comments as evidence of potential risk, while State counsel Remy Farrell SC dismissed them as "neither here nor there," noting no evidence that the remarks would affect the trial process. The case had been referred to the European Court of Justice over fears of political interference in Polish courts. The ECJ ruled that extradition could be refused only if a specific risk to Celmer's fair‑trial rights existed, a risk that has not yet been proven. A full hearing is scheduled for 2 October, with the court awaiting further information from Polish authorities before deciding whether to request additional details.
The Office of the Director of Corporate Enforcement (ODCE) obtained a High Court order to examine computers seized from the suicide‑counselling charity Console. The order followed agreements on how the investigation of electronic files would be conducted, reached with Console's founder Paul Kelly and his wife Patricia. The charity's liquidator supplied the ODCE with books and records. The Kellys expressed concerns that the search might involve private documents and those protected by professional privilege. The court agreed that the Kellys would provide a list of files they consider private by the end of August, and that such files would not be accessed or stored by the ODCE. Protocols were also agreed with the HSE to protect confidential patient information. The ODCE seeks to examine the electronic documents to investigate possible breaches of the Companies Act before the charity's liquidation in July 2016. No prosecution or charges have yet been brought. The matter was adjourned to October.
A High Court judge will decide next week whether to send back a controversial planning application for a 500‑unit housing development in Raheny to An Bord Pleanála for a new hearing. The developer, Crekav Trading of Marlet, had been granted permission to build 104 houses and 432 apartments on land that had been used as six playing pitches for St Paul's College. The application was made directly to the Board under a fast‑track process, bypassing the local authority. The Board admits it erred in granting the permission and seeks a remittance, but objectors—including Clonres CLG, environmental campaigner Peter Sweetman, Mr John Conway, and the Louth Environmental Group—argue the decision is fundamentally flawed and want it quashed. They also have brought proceedings against the State and the Minister for Culture, Heritage and the Gaeltacht. The judge, Mr Justice David Barniville, will rule on whether to remit the matter or simply quash the decision.
In High Court proceedings, Ms Patricia Madden, a long‑time ICA member, has brought action against the Irish Country Women's Association over the conduct of its 2018 national executive elections. She alleges the ICA breached its constitution by failing to count ballots before the AGM in May, and that the election results announced at the AGM, including the national president, were invalid. Madden claims the ICA's procedures at the AGM, an earlier EGM, and a National Executive meeting were ultra vires and based on flawed legal advice. She seeks injunctions to prevent the ICA from filling any board vacancies until the dispute is resolved. The ICA, represented by Frank Beatty SC and Brendan Kirwan BL, acknowledges ballot problems and has proposed remedies, which Madden has rejected. After both parties' submissions, Justice Úna Ní Raifeartaigh reserved her judgment.
A man from County Wexford, John Kinsella, was released from custody at the Four Courts after agreeing to comply with High Court orders that prohibit him from trespassing on or approaching within 100 metres of lands in County Wexford. The orders, issued against him by the plaintiff John B. Dockrell Ltd, also restrain him from interfering with the plaintiff's quiet enjoyment of the property, blocking entrances, or impeding access. Kinsella, who was not represented at the hearing, was granted a two‑week adjournment of attachment and committal proceedings by Justice Caroline Costello after he gave a sworn undertaking to comply with the orders until the matter returns before the Court. The adjournment was set for 10 August, and Kinsella was released on the condition that he adhere to the orders until that date. The case remains pending before the Court.
The High Court has granted permission for an insolvency practitioner to seek the imprisonment of individuals alleged to be in contempt of court orders regarding trespassing at the N5 Business Park in Castlebar, Co Mayo. The application was brought on behalf of Ken Fennell, a receiver appointed by Promontoria (Arrow) Ltd, against unidentified persons believed to be members of the Travelling Community. Counsel for Mr Fennell alleged that despite previous court orders directing them to vacate the site, caravans remain on the property, causing damage and posing health and safety risks. The motion was prompted by concerns that the upcoming visit by Pope Francis to Knock Shrine might increase trespassing. Ms Justice Caroline Costello granted permission to serve short notice of attachment and committal proceedings on an ex-parte basis. The judge adjourned the matter to next week.
In July 2018, Heritage Bloodstock Ltd of Cahir, Co. Tipperary, withdrew a High Court action that had sought to allow its horse, Heritage Vittorio, to compete in the five‑year‑old competition at the Dublin Horse Show and to exclude Indigo VDL, owned by Mr. Ivor Broderick of Loughrea, Co. Galway. The company had argued that Indigo VDL was ineligible because it was not Irish‑bred and was not on the Department of Agriculture's approved breeding list for 2018, and that its participation would breach the RDS's rules. Heritage Bloodstock had obtained a short‑notice injunction and sought declarations that Indigo VDL did not meet the qualifying criteria. The case was adjourned for a costs hearing, and the action was formally withdrawn before the judge's decision on costs. The withdrawal left the status of the two horses at the Dublin Horse Show unresolved.
High Court proceedings have been initiated by John Sheridan Senior, John Sheridan, Thomas Sheridan, Daniel Sheridan, and Patrick Sheridan, who describe themselves as nomadic tarmac contractors and members of the Irish Travelling Community. The applicants, who state they reside in Rathkeale, Co Limerick when in Ireland, are challenging income tax assessments issued by the Criminal Assets Bureau (CAB) for various years between 2004 and 2014. They dispute the assessments, arguing they were not tax resident in Ireland during the relevant periods due to their business operations in other EU countries. The action follows a decision by Tax Appeals Commissioner Mr Mark O'Mahony, who allowed appeals for some years but refused others, citing unpaid liabilities and unfiled returns. The Sheridans seek to quash the Commissioner's decision, alleging he failed to provide adequate reasons, determine their residency status, or consider their unique circumstances, including lack of literacy. Mr Justice Charles Meenan granted the applicants permission on an ex parte basis to bring their judicial review challenge against the Commissioner. CAB is a notice party to the action. The judge also granted a stay on the further pursuit of sums allegedly due to the Revenue Commissioners pending the outcome of the case. The matter was made returnable to a date in November.
Brian O'Riordan and Michael O'Shea, owners of ADT House in Dublin 7 since 1993, claim that the property was fraudulently registered as owned by the UK‑based SLGI (Holdings) Plc. They allege that SLGI, through a solicitor acting for the company, obtained a lease from tenant ADT and paid €246,000 to terminate the lease, while the property's legal ownership remained with the O'Riordans. The High Court heard that the Property Registration Authority had recorded a 2016 conveyance from Kent International Holdings to SLGI, a company that had been struck off in 2015. The plaintiffs seek orders restraining SLGI, correcting the registry entries, and declaring the entries fraudulent or mistaken. They also brought proceedings against ADT Ltd, American District Telegraph Services International Ltd, and the Property Registration Authority, but do not allege fraud against those parties. Permission for short notice was granted ex‑parte by Justice Caroline Costello, with the case set for a next‑week hearing.
In a High Court hearing on 18 July 2018, Inspiredspaces Bundle 5 (Ireland) Ltd, a joint venture with Carillion and the Dutch Infrastructure Fund, obtained a temporary injunction to stop subcontractors from blockading the construction sites of five new schools and an Institute of Further Education. The injunction was granted after subcontractors claimed unpaid work following the collapse of Carillion and the liquidation of Sammon Contracting Ireland Ltd, the original contractor. Inspiredspaces, represented by Brian Conroy BL, argued that the blockade threatened the completion of schools in Wexford and Bray, where works were almost finished, and that the protestors had no legitimate claim against the joint venture. Ms Justice Caroline Costello issued the order, preventing any blocking, interference, or removal of items from the sites, and requiring any claims to be dealt with by Inspiredspaces. The injunction was made ex parte and is returnable later that week.
The High Court heard an appeal regarding a judicial review application by a 79-year-old man, identified as the applicant, who is wanted in the United States for alleged child sex offences. The applicant's counsel, Kieran Kelly BL, argued that the Director of Public Prosecutions (DPP) should consider prosecuting the man in Ireland due to his age and ill-health, asserting a right to fundamental fairness. However, Remy Farrell SC, acting for the Attorney General, contended that the judicial review was taken solely to delay the applicant's extradition. Mr Farrell stated that the applicant provided no legal basis or relevant statute to support a claim that the DPP must consider prosecution before extradition. He further argued that the applicant had not submitted a valid application or argument, merely asserting a desire to be tried in Ireland. Siobhán Ní Chulacháin BL, representing the DPP, confirmed that the office cannot compel an investigation without a submitted file. Ms Justice Aileen Donnelly reserved her judgment on the matter. The court directed the parties to return on July 30 for the decision. The applicant's charges remain alleged and contested, with no plea, finding, or sentence recorded at this procedural stage.
Liberty Insurance DAC, a subsidiary of the US-based Liberty Mutual group with offices on Dublin Road in Cavan, sought High Court approval for a cross-border merger with Spanish entity Liberty Seguros Compania De Seguros Y Reaseguros SA. The merger, heard in the Commercial Court, forms part of the group's plan to consolidate its Irish, Portuguese and Spanish insurance operations. The company told the court that approximately 400 Irish employees will not experience changes to their terms and conditions following the proposed merger. Workers will retain current labour conditions, rights and benefits, the court was informed. Liberty Insurance DAC, which acquired Quinn Insurance in 2011, currently holds approximately two million policies and net assets of €217.7 million. As part of the scheme, the Irish entity's business and remaining assets will transfer to the Spanish company, which will also merge with Liberty Portugal. Mr Justice Robert Haughton admitted the application to the fast-track commercial list and adjourned the matter to October.
In a High Court application, Bank of America Merrill Lynch (BAMLI) seeks to merge its UK subsidiary, Bank of America Merrill Lynch International Ltd, with its Irish subsidiary, Bank of America Merrill Lynch International DAC, citing Brexit fallout. The merger is intended to preserve BAMLI's ability to conduct European Economic Area banking business, which relies on freedom of establishment and services passports. BAMLI argues that the UK's exit from the EU could affect the legal and regulatory framework for its EEA operations. The Irish firm, headquartered in Leopardstown, Dublin, holds assets of US$5 bn and liabilities of US$2.8 bn, while the UK firm has assets of US$43.3 bn and liabilities of US$34.8 bn. The court admitted the application to the fast‑track commercial list and adjourned the matter to November, with a completion target of 1 December.
In a High Court hearing, lawyers for the Irish Country Women's Association (ICA) urged the court not to issue orders that would prevent the organisation from filling vacancies on its national executive. The case was brought by Ms Patricia Madden, a long‑time ICA member and barrister, who alleged that the ICA breached its constitution by failing to count ballots cast at the 2018 AGM. She claims the organisation should have declared the winners of the executive election at that AGM, including the national president for the 2018‑2021 term. The ICA's counsel, Frank Beatty SC, argued that problems with the 2018 ballot papers warranted rectification and presented proposals to let members decide whether to open and count the ballots or hold fresh elections. Madden rejected these proposals, arguing that the ICA's AGM decisions were ultra vires and based on flawed legal advice. She seeks injunctions to stop the ICA from filling any vacancies until the dispute is resolved.
Tressa Reeves and her son, Andre Donnelly, also known as Patrick Farrell, have resolved their High Court action against St Patrick's Guild (Incorporated) and the State. The case, heard before Mr Justice Denis McDonald, concerned the alleged illegal adoption of Farrell in 1961. Reeves and Farrell claimed that their son was placed with a couple in Co Carlow without legal safeguards, that false birth and baptism certificates were procured, and that the defendants engaged in deceit and conspiracy to prevent their reunion. They alleged the State failed to vindicate their family rights. The defendants denied all claims, with St Patrick's Guild asserting it did not make false misrepresentations and the State arguing it was not liable for the alleged wrongs. On the fourth day of the hearing, counsel for the applicants, Eanna Mulloy SC, informed the court that the parties had reached a comprehensive agreement. Mr Justice McDonald agreed to strike out the proceedings, granting liberty to apply to have the action re-entered. The terms of the settlement are confidential. The matter was adjourned in the sense that the proceedings were struck out with liberty to apply, rather than concluded with a final judgment on the merits.
Patrick 'Paddy' Farrell, 57, sued the State and St Patrick's Guild over his illegal adoption. He told Justice Denis McDonald that had he been legally adopted he would not have endured the distress he has suffered. Farrell, born Andre Donnelly in 1961, was placed with a family in Tullow and later reunited with his birth mother, Tressa Reeves, in 2013. He claims he was abused by the man who raised him and that the adoption was illegal, as confirmed by a medical report indicating post‑traumatic stress. Farrell alleges St Patrick's Guild and the State failed to protect his rights, misrepresented his location, and conspired to conceal information. The Guild denied the claims, and the judge dismissed the Guild's motion to strike out the case, allowing the matter to proceed on the High Court Personal Injury List.
In a High Court hearing, Tressa Donnelly Reeves, who had spent over five decades searching for her son, testified that a nun from St Patrick's Guild told her that adopted children, especially boys, "never want anything to do with their birth parents." Reeves, who gave birth to a boy named Andre in 1961, had him adopted by a family in Carlow and named Patrick Farrell. She claimed the adoption was unlawful and that St Patrick's Guild, run by Catholic nuns and the State, made false statements about Patrick's location and failed to provide her with information. The society denies the allegations, and the State says it is not liable. The court has allowed Reeves to continue presenting evidence, with a ruling on the application to strike out the claim pending. The case is set to proceed next week.
A High Court trial has commenced regarding a damages claim by Tressa Donnelly and her son, Patrick Farrell, against St Patrick's Guild (Incorporated) and the Attorney General. The plaintiffs allege Farrell was illegally adopted in 1961 without legal safeguards and that the defendants made false misrepresentations about his whereabouts, delaying their reunion until 2013. Donnelly claims she was brushed off by the agency, while Farrell alleges his constitutional rights were breached and he suffered violence from his adoptive father. The defendants deny all allegations, with the State asserting it is a stranger to the claims. The matter is currently at the trial stage and has not been finalised; the case continues.
In July 2018, a group of Galway residents, organised under the 'Ballinasloe Says No' campaign, secured permission from the High Court to challenge the County Council's decision to grant a waste facility permit to Mr Sean Curran of Barna Waste for a site at Pollboy, Ballinasloe. The residents, all living about 2 km from the proposed facility, argue that the council failed to consider the potential adverse effects on a nearby Special Area of Preservation (SPA) – the River Suck Callows – and did not conduct an Appropriate Assessment under the EU Habitats Directive. They contend that the facility, which would handle inert waste, recycling of inorganic materials, and waste storage, could impact the SPA, located roughly 1.5 km away on the River Suck floodplain. Mr Curran is a notice party. The High Court, presided over by Mr Justice Seamus Noonan, granted the residents permission to proceed and ordered the matter to be returned for a hearing in October.
Ian Hyland, a former private in the Permanent Defence Forces who served for 12 years, has filed a High Court challenge to overturn the decision that his contract was not renewed and that he was discharged in April. The Defence Forces downgraded his medical category in 2008 because of polycystic kidney disease, a condition that Hyland claims was asymptomatic. He argues that doctors treating him in Galway confirmed he was fit for overseas service and contact sports, and that he was entitled to appeal the categorisation to a Medical Board. Hyland seeks an order quashing the discharge, declarations that he was entitled to appeal, and that his medical categorisation should have been reviewed before his discharge. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, and the case is set to return later this month.
In a High Court hearing, Judge Caroline Costello advised dentists Michael Maguire and James Hiney, who share premises in Mullingar, to seek mediation instead of court action. Mr Maguire alleged that Mr Hiney installed a hidden camera to surveil his staff, a claim Mr Hiney denies, stating the camera was for security. Mr Maguire is pursuing injunctions to stop surveillance, to recover patient lists, to prevent solicitation of his patients, and to halt any construction at the shared building. The judge granted Mr Maguire permission to serve short‑notice injunctions ex‑parte. Mr Byrne, Mr Maguire's counsel, indicated the parties might adjourn the case to late July after reaching an intermediate, without‑prejudice agreement. The agreement would bar surveillance, construction, and solicitation. Judge Costello urged that the dispute be resolved through mediation rather than further court proceedings in the Four Courts.
In a High Court hearing on 26 June 2018, dentist Mr Michael Maguire alleged that his colleague, Mr James Hiney, had installed secret cameras in their shared dental premises at Market Point, Mullingar, without his consent. Mr Maguire claimed the cameras, along with wiring and a microphone, captured his staff and patients, and that the footage was used to target his patients with marketing messages. He also alleged that Hiney had engaged in vandalism, harassment, and defamation, and that Hiney had withheld information from insurers about the building. Mr Maguire sought orders to prevent Hiney from monitoring his employees, to stop solicitation of his patients, to halt proposed construction works, to return all data including patient lists, and for damages. Justice Costello granted Mr Maguire permission to serve short‑notice proceedings against Hiney on an ex‑parte basis. The case is set to return to court later in the week.
Maire Ni Mhuirnin, a teacher from Páirc, An Spidéal, Co Galway, has brought a judicial review against the Minister for Housing, Planning and Local Government's decision to grant the Marine Institute a foreshore lease for a renewable energy test facility off the Connemara coast. The lease, approved in August 2017, allows the Marine Institute to construct and operate an electricity generating station for 35 years and to develop a 37.5‑hectare site 1.5 km offshore from Spiddal for testing prototype wind, wave and tidal energy devices. Ni Mhuirnin seeks declarations that the decision contravenes EU directives on environmental impact and the conservation of natural habitats. The Sustainable Energy Authority of Ireland, a notice party, argues that any delay would harm the project's viability and the Marine Institute's role in the State's Offshore Renewable Energy Development Plan.
In a High Court case in June 2018, Raymond and Juliet Gogan, shareholders and directors of Listoke Distillery Ltd., sought to prevent their removal from the board. The distillery, founded in 2016 on the Listoke Estate in County Louth, also runs a Gin School that teaches gin production. The Gogan couple, owners of Listoke House, claimed that their roles were being undermined and that they were excluded from key company decisions. In November 2017 they were reportedly locked out of the business; Mrs Gogan resigned from the Gin School after the company moved production and the school to an industrial estate without informing them. The Gogan's petition requests orders to keep them on the board, grant access to company records, restrain a general meeting that could remove them, and consider alternative dispute resolution or winding up. Justice Carmel Stewart granted the Gogan's request for short‑notice service to the other shareholders and returned the matter for a hearing next week.
The Charleton tribunal, chaired by Mr Justice Peter Charleton, has decided not to refer the matter to the High Court over journalists' claims of privilege. The tribunal is examining allegations that Superintendent David Taylor, while a Garda press officer in 2013‑2014, directed journalists to smear whistle‑blower Sergeant Maurice McCabe. Former commissioners Martin Callinan and Nóirín O'Sullivan deny any smear campaign. On day 97, barristers for several newspapers argued that journalistic privilege protects free expression and a free press; they warned that forcing journalists to answer could chill future sources. Mr Charleton said that any order to compel answers would be "absolutely futile" because the journalists' resistance would not change the outcome. The tribunal will consider whether any witnesses need to be recalled before final submissions are heard. The chairman will meet his legal team to decide next steps. The tribunal has identified 20 issues to address in its report.