In a High Court case concerning the Christian Brothers' plan to sell part of Clonkeen College's playing grounds to builders for €18 million, the parties reached a settlement. The board of management of the 520‑pupil school had sued the congregation, arguing that the sale would harm the school and that a 2006 agreement guaranteed the fields' continued use. The congregation denied any such agreement and claimed a binding contract to sell the land. The court, presided over by Ms Justice Carmel Stewart, allowed the case to be struck out on consent, with no settlement details disclosed. A statement from the parties announced an amicable agreement, including the donation of almost four acres of land to the Edmund Rice Schools Trust to secure first‑class sports facilities, and the development of adjoining land to fund school facilities.
In a dispute over two properties owned by Jerry Beades, a financial lender seeks to enforce possession orders. Beades, an anti‑eviction activist, allegedly borrowed €1.3 million in 2003 from IIB Homeloans Ltd, securing the loans against properties on Richmond Avenue, Fairview, Dublin 3, and Little Mary Street, Dublin 1. The lender claims no repayments have been made for ten years, with €2.1 million still outstanding. Possession orders were obtained from the High Court in 2008, upheld by the Supreme Court in 2014, but the lender did not take possession in 2015 due to concerns about the impact on tenants. The lender now requests the High Court to execute the orders and to change the plaintiff's name from IIB Homeloans Limited to KBC Bank Ireland Limited. Beades' counsel argues that KBC and IIB are separate entities and that the orders cannot be transferred. The judge has reserved judgment, with no decision date announced.
Joseph Comerford, a well‑known hotelier from Castlecomer, Co. Kilkenny, and his sons John and Derek, who run the Academy Plaza Hotel on Dublin's O'Connell Street, have filed a lawsuit against Ulster Bank over a €3 million refinancing fee they claim was imposed under duress. The Comerfords say the bank pressured them to refinance loans during the recession, alleging the hotel was in default in 2012. They argue the bank used this situation to take equity in their business and extract an unreasonable fee through its Global Restructuring Group. The €3 million payment was made in December 2014 via Ulster Bank's entity UB SIG (ROI). In 2015 the family refinanced the debt and ended their relationship with the bank. Represented by Downes Solicitors, they seek orders to recover the money, declarations that the agreements were void and unconscionable, and damages for economic loss, undue influence, breach of duty and duress.
In a High Court case involving two lawyers accused of misleading the court to delay the deportation of Polish criminal Thomas Bebenek, Mr Justice David Keane reserved his decision on whether further action should be taken. The judge noted that the lawyers, a solicitor and a barrister, used litigation as a tactic to postpone Bebenek's deportation long enough for a new order to be issued and challenged. He criticised the lawyers for failing to properly inform the court of relevant immigration law, an obligation of court officers. The judge considered referring the matter to the Law Society and the Bar Council. The solicitor was ordered to reimburse the State's legal costs for gross negligence. The case remains pending, with the judge awaiting further submissions from the lawyers' representatives. The matter is still before the court.
Stephen Watters, 50, of Kilcurry, Dundalk, Co Louth, is wanted in the UK for alleged conspiracy to fraudulently evade excise duty and for facilitating the acquisition, use or control of criminal property as part of an organised crime gang. He was arrested under a European Arrest Warrant issued earlier this year and is currently in High Court extradition proceedings. Watters' lawyers have requested more time to file points of objection, citing a legal point related to Brexit. Justice Aileen Donnelly has remanded him on continuing bail until 8 October, allowing him to apply for early resolution of the Brexit matter before that date. The warrant alleges the gang operated between 1 January 2014 and 4 September 2015, involved in illegal importation and distribution of non‑UK duty‑paid tobacco, with seizures of over 17 million cigarettes and 1.5 tonnes of hand‑rolling tobacco, equating to roughly £3 million in evaded duty.
In a High Court settlement on 15 June 2018, Irish hospital consultant doctors will receive a pay rise following the resolution of their breach‑of‑contract claims against the Health Service Executive and the State. The settlement, covering the 2008 Consultants Contract, provides corrected remuneration and retrospective payment, costing the State €200 million and adding €60 million to the annual consultants' pay bill. The Irish Medical Organisation and the Irish Hospital Consultants Association welcomed the outcome. The judge, Ms Justice Úna Ní Raifeartaigh, had been scheduled to hear several lead cases brought by hundreds of consultants alleging the State failed to honour agreed pay promises. The settlement applies to the lead cases, pending cases, and other non‑litigating consultants within the contract's terms. The agreement was described as a "new dawn" that will fully realise the 2008 contract's vision and objectives. The judge approved the settlement terms as a court order.
In June 2018 the High Court fast‑tracked several legal challenges to An Bord Pleanála's decision to grant planning permission for a 500‑unit housing development on former St Paul's College playing pitches in Raheny. Mr Justice David Barniville granted permission for the applicants to bring their cases against the board, the State and other parties, including the Minister for Culture, Heritage and the Gaeltacht. The applicants – Clonres CLG, environmental campaigner Peter Sweetman, Mr John Conway and the Louth Environmental Group – argue that the decision is fundamentally flawed, that An Bord Pleanála failed to carry out an Appropriate Assessment of the impact on natural habitats, and that the development contravenes the EU Birds Directive and Dublin City Council's development plan. They seek orders to quash the permission, declarations of non‑compliance, and to set aside the decision. The judge adjourned the matter for two weeks and placed a stay on the permission.
Patricia Madden, a 39‑year member of the Irish Country Women's Association (ICA), has brought a High Court action seeking to compel the ICA to count ballots cast in its 2018 national executive election and to declare the winners for the National President, National Secretary and National Treasure positions. She argues the ICA breached its constitution by failing to count ballots before the AGM in May and by not announcing the winners at that meeting. The ICA, represented by Frank Beatty SC and Brendan Kirwan BL, acknowledges election issues and proposes a fresh election later in the year. Madden's application includes injunctions to prevent the ICA from filling board vacancies until the court decides, and to protect ballot papers from destruction. The judge allowed 30 additional ICA members, including candidates, to join the case and noted the dispute appears to be an administrative error.
High Court proceedings concerning the Irish Government's appeal against a European Court of Human Rights (ECHR) decision regarding the Hooded Men have been withdrawn. The applicants, Mary McKenna and Sean McKenna, along with the Human Rights and Hooded Men entities, initiated the case after the State confirmed it would refer the ECHR's March ruling to the Grand Chamber. Mary McKenna, daughter of one of the men, had sought an order compelling the government to urgently inform her of any intention to appeal, citing concerns that the decision timing was too close to the ECHR deadline. Following the Government's confirmation of its appeal, counsel Leanora Frawley Bl informed Mr Justice Seamus Noonan that the proceedings were moot and would be withdrawn. The matter was adjourned to a date in July to address any issues concerning legal costs. The ECHR had previously ruled that the treatment of 14 men detained by the British Army in 1971 was inhuman and degrading but did not constitute torture. The Irish Government had requested a revision of this 1978 decision in 2014 following new disclosures, which the ECHR refused last March.
The High Court heard that significant progress has been made in talks to resolve breach‑of‑contract claims brought by Irish hospital consultant doctors against the Health Service Executive and the State. The hearing of several lead cases, which were due to start last week, was put on hold to allow the parties to continue negotiations. John Rogers SC, representing many of the consultants, told Justice Úna Ní Raifeartaigh that the break had been "very helpful" and that efforts were ongoing to reach a settlement. Counsel requested the cases be adjourned to Friday morning, a request the judge accepted. The judge described the cases as "complex and significant" and indicated the court would give the parties time to pursue the discussions. The disputes centre on a 2008 contract that promised pay increases to consultants in exchange for adopting new working conditions, including extending the working week from 37 to 39 hours.
In a High Court hearing on 12 June 2018, the judge, Ms Justice Úna Ní Raifeartaigh, addressed the ongoing dispute between consultant doctors and the Health Service Executive (HSE) and the State over alleged breaches of a 2008 contract. The doctors, represented by John Rogers SC, Michael Cush SC, Gerard Durcan SC and Alex White SC, claim that the HSE and the State failed to honour agreed pay increases that were tied to new working conditions, including an increase in the working week from 37 to 39 hours. The HSE and the State, represented by Eoin McCullough SC, Eileen Barrington SC, Marguerite Bolger SC and Paul Sreenan SC, deny the breach. The hearing, originally scheduled to begin the previous week, was adjourned to allow further talks aimed at resolving the dispute. The judge, describing the situation as "in limbo," requested additional time, hoping for clarity on whether the cases would proceed or be settled overnight.
During a sentencing hearing in the Central Criminal Court, Mr Justice Paul Butler emphasised that rape complainants should receive legal advice throughout trials. He referred to a case involving a 24‑year‑old Dublin man who had raped a 17‑year‑old girl after forcing her into a park. The trial had collapsed twice before a jury heard it a third time, the first collapse due to a panic attack by the victim. The man was convicted of one rape charge and acquitted of another involving the same complainant. He received a five‑year sentence, with the final year suspended, and had 51 prior non‑violent convictions. Butler noted the presumption of innocence remains until guilt is proven, and warned that while complainants must be considered, the process should not bias the jury toward guilt. The judge also highlighted the victim's ongoing mental health struggles and the impact of the assault on her life. The unnamed 24-year-old pleaded not guilty.
Mary McKenna, daughter of the late Sean McKenna, one of the "hooded men" detained by the British Army in the early 1970s, has filed a High Court challenge demanding the Irish Government urgently inform her whether it intends to appeal the European Court of Human Rights' 1978 ruling that the men's treatment was not torture. Ms McKenna argues that her father's death in 1975 was directly caused by the interrogation and sensory deprivation he endured while interned. She cites medical evidence and new information released in 2014 showing the UK knew of the long‑term effects of the techniques used. The Irish Government's 2014 request for a revision of the 1978 decision was denied by the ECHR in March. At the High Court, counsel for Ms McKenna, Leanora Frawley Bl, noted the government has until 20 June to decide whether to appeal to the Grand Chamber, a deadline she says is too short.
In a High Court case involving the Irish Countrywomen's Association (ICA), Judge Úna Ní Raifeartaigh directed the ICA's lawyers to submit proposals by Tuesday to address concerns raised by Ms Patrica Madden, a 39‑year member who has represented herself. Madden has obtained a temporary injunction preventing the ICA from filling vacancies on its Board, including national president, treasurer, secretary and regional presidents, after alleging that the 2018 national elections were conducted in breach of the ICA constitution. She claims the ballot papers were sent to the wrong people and that the ICA failed to conduct a proper postal vote at the AGM in May. The ICA's counsel, Frank Beatty SC, acknowledged that two temporary appointments were made to keep the organisation running, but no further appointments will be made until the case is heard. The judge set a deadline for proposals and indicated that if they are not accepted, the case will be listed for hearing next Wednesday.
In a High Court hearing, the Director of Corporate Enforcement (ODCE) secured a ruling that the Irish National Media (INM) must pay costs for its unsuccessful judicial review, which sought to quash the ODCE's application to appoint inspectors to investigate alleged data breaches and other concerns at the media group. Judge Seamus Noonan found INM's claim that it had a right to be consulted before a public body could initiate legal action to be novel and unsustainable. He awarded costs to the ODCE, noting that the judicial review and the inspector appointment application were legally distinct matters. The ODCE's request followed a year‑long investigation triggered by protected disclosures from former INM CEO Robert Pitt and CFO Ryan Preston, covering alleged data breaches, a proposed purchase of Newstalk Radio, and a proposed fee payment to Island Capital. The application to appoint inspectors is set for a hearing before Justice Peter Kelly on 10 July.
Felicity O'Kelly, wife of Circuit Court judge Eugene O'Kelly, has filed a lawsuit in the High Court alleging that farmer John Brew of Tarmon, Kilkee, has been trespassing on her property, specifically the site of a former creamery at Termon West, Kilkee, which she owns in her sole name. O'Kelly claims Brew has left cattle on the disputed land, causing them to wander onto the main road, and that he has installed fencing and a lock on a gate to her property. She seeks an injunction to prevent further trespassing, to remove any fencing, locks, and animals from the land, and for damages. The High Court, on an ex‑parte basis, granted O'Kelly permission to serve short notice of the proceedings and adjourned the case to a June hearing. The matter, normally a Circuit Court case, is being heard in the High Court because Judge O'Kelly sits on that division of the courts.
Lorcan Bourke, a descendant of composer Peadar Kearney, withdrew his application for a High Court injunction against receiver Anne O'Dwyer of Duff Phelps Ireland Ltd. The injunction had been sought to restrain the receiver from selling items in Bourke's Bar, including a signed original copy of Amhrán na bhFiann. Bourke had argued that the receiver should not sell the chattels and that he needed to know the identity of the new owners, who had purchased the bar in December 2017. O'Dwyer had claimed that Bourke had no possession of the items and that the receiver had informed him that he could collect any items. The judge, Ms Justice Caroline Costello, accepted O'Dwyer's arguments and granted her costs for the injunction proceedings, while putting a stay on the costs order pending the outcome of the plenary hearing.
In a High Court hearing on 6 June 2018, Mr Justice Patrick McCarthy refused to order Google and Microsoft to remove online references to a man who had been convicted of an unconnected sexual assault earlier that year and was facing a second trial for sexual offences. The judge noted that the courts must adapt to the modern world and that jurors can be trusted to remain impartial even if they encounter online material. Lawyers for the accused had sought temporary removal of the man's name from search results, citing concerns that published reports could prejudice the upcoming trial. The DPP argued that even if search engines removed the name, the material would still be available online. Mr Justice McCarthy concluded that it was unnecessary to remove any online content and that jurors should be instructed to disclose any prior knowledge of the case.
Yvolve Sports Limited, a toy‑making firm employing 41 people in Ireland, has applied for examinership. The company, known for its 'Flicker' scooter and other outdoor and sports products, is insolvent largely because its major customer, Toy R Us, filed for bankruptcy in the United States, leaving Yvolve with a US$1.3 million debt and severe cash‑flow problems. The court heard that an independent expert report indicates Yvolve could survive if an examiner is appointed and certain steps are taken, including securing new investment, restructuring the board and gaining creditor approval of a scheme of arrangement. The proposed examiner is Mr Neil Hughes of Tilly Hughes Blake. The matter was adjourned by Ms Justice Caroline Costello to a later date in the month. Yvolve's shareholders include Clovergade Ltd (36 %), Diamondsideltd and Sino Foreign Trading Company.
Patricia Madden, a barrister and long‑time ICA member, has applied to the High Court for an injunction to stop the Irish Country Women's Association from destroying ballot papers from its 2018 national elections for executive posts. She argues that the ballots, which were mailed with a closing date of 27 April, have not been counted and no declaration of winners has been made, a breach of the ICA's Constitution. The election results should have been announced before the AGM in Athlone on 26 May. Madden says she was informed by the ICA's Procedures Committee Chair that the ballots would be destroyed at the earliest opportunity. The ICA's lawyer gave an undertaking that the ballots would not be destroyed, and the judge adjourned the case to a later date in the month. The injunction seeks to restrain any destruction or interference with the returned ballots.
Three separate High Court applications seeking to quash An Bord Pleanála's decision to grant planning permission for a 500-unit housing development near St Anne's Park in north Dublin were mentioned before Mr Justice David Barniville. The applicants, including Clonres CLG, Peter Sweetman, and John Conway, challenge the board's approval of 104 houses and 432 apartments on lands formerly used by St Paul's College as playing pitches. The developers, Crekav Trading and Marlet, are notice parties. The applicants seek orders quashing the decision and declarations that the board failed to conduct an Appropriate Assessment regarding natural habitats and wild flora and fauna, and failed to comply with the Birds Directive. The proceedings also name Ireland, the Attorney General, and the Minister for Culture, Heritage and the Gaeltacht as respondents. Mr Justice Barniville, assigned to fast-track strategic infrastructure development (SDI) challenges, noted that while the case may not strictly fit the SDI definition, it aligns with the spirit of the list. He indicated that hearing the actions could save parties time but required input from other parties, including the board and developers, on whether to admit the cases to the SDI list. The judge adjourned the actions for one week to allow all sides to consider their positions regarding the fast-track listing.
Two peat extraction companies have sought permission to appeal High Court decisions rejecting their challenges to An Bord Pleanála determinations that their operations are no longer exempt development. Bulrush Horticulture Ltd and Westland Horticulture Ltd, alongside Westmeath Peat Ltd and Cavan Peat Ltd, were rejected by Mr Justice Charles Meenan in February after the Board found their activities required planning permission from September 2012 onwards. The companies argue the cases raise points of exceptional public importance with significant implications for the peat industry. Key issues centre on whether environmental impact assessments apply to peat extraction and whether EU directives on environmental and habitat protection apply to operations that lawfully commenced as exempt development before 2012. An Bord Pleanála opposes the applications. Mr Justice Meenan reserved his decision on permitting appeals to the Court of Appeal following submissions from all parties.
Stephen Costello, 47, and his wife Karen from Woodstown Gardens, Knocklyon, sued the Garda Commissioner for damages over alleged trespass, intimidation and harassment. They claimed a 2005 injunction had restrained Gardaí from entering their home without a warrant or a household member's request. The Commissioner denied the claims. The case was scheduled to begin but was adjourned over medical reports. After negotiations, the parties settled, and the case was struck out. The settlement was confidential. Costello alleged that Gardaí had harassed him since the 1990s, including arrests, searches, and strip‑searches, and that the harassment had caused distress, health problems, and affected his work and family life. The Commissioner denied all allegations of harassment. The High Court accepted the settlement and dismissed the case.
Bel & Bellucci Ltd, operating an Italian restaurant on the ground floor of the Sweepstakes Centre at Ballsbridge, secured a High Court injunction on 16 May 2018 to prevent its landlord, Knockanore Properties, and the security company K-Tech Security from interfering with the premises. The injunction was granted by Ms Justice Caroline Costello after the landlord took possession of the property on Wednesday morning without prior notice, citing alleged historic rent arrears of over €140,000. The restaurant, represented by Dylan West Bl, argued the matter was urgent and that the landlord's forfeiture notice issued in April was disputed and waived because the company had continued to make full rental payments. Mr Robbie Fox, a director of Bel & Bellucci, claimed the illegal repossession caused financial and reputational damage, forcing staff to be sent home and disrupting customer reservations.
Mr Justice Paul Gilligan retired after more than 15 years as a judge of the Court of Appeal and High Court, having also served as the judge in charge of the busy chancery division. During that time he handled high‑profile cases such as Apollo House, the McBrearty family claim against the State, and the lead action over pyrite damage to homes. He was elected President of the European Network of Councils for the Judiciary in 2012, where he helped establish a judicial council in Bosnia‑Herzegovina following the Dayton Accord. As a barrister he represented clients including RTE, broadcaster Gay Byrne, the Irish Press Newspaper, and the late Taoiseach Charles Haughey at the McCracken Tribunal. Tributes from the President of the High Court, the Attorney General, the Bar Council, and others praised his fairness, imagination, and dedication, noting his handling of the chancery list during recession and post‑recession Ireland.
Harcourt Developments Unlimited, an Irish‑based developer employing over 800 people, has applied to the High Court for an injunction to stop the UK firm Crest Nicholson (South West) Limited from filing a winding‑up petition over a disputed £2 million debt. Harcourt claims it is solvent and that Crest's petition is "improper" and motivated by an ulterior aim to force Harcourt to sell its interest in lands in England at a significant undervalue. The dispute stems from a Joint Landowners Agreement (JLA) concerning a development site near Bristol, which broke down in 2015. Harcourt alleges it has paid £1.8 million to Crest under a settlement agreement, but Crest has withheld information and demanded an additional £2 million, which Harcourt says is an unlawful debt‑collection attempt.
A High Court judge has referred an extradition case to the Court of Justice of the European Union to determine how Brexit will affect the transfer of suspects to the United Kingdom. The man, arrested in Dublin over two years ago, faces charges of murder and rape in Northern Ireland. Ms Justice Aileen Donnelly granted the referral request made by counsel for the Minister for Justice, finding the matter bound up with issues of mutual trust between jurisdictions. Eight additional cases involving men sought by UK authorities were considered at the same hearing. In February, the Supreme Court had similarly referred another extradition matter to the CJEU, concerning a Roscommon man wanted in connection with a substantial tax fraud allegation in the UK.
In a High Court hearing on 14 May 2018, Justice Carmel Stewart ruled that €1.2 million in cash found in the boot of a car seized during a Garda Intelligence operation was the proceeds of crime. The money was recovered by the Criminal Assets Bureau (CAB) in August 2017 from a vehicle driven by haulier John Fitzgerald, who had been stopped at a Garda checkpoint in Ballyvergal, Carlow. After the seizure, CAB obtained a High Court freezing order and placed the cash in a bank account. Grainne O'Neill Bl, acting for CAB, told the judge that the money was linked to illegal cigarettes and drugs and that Fitzgerald had been transporting it out of the country for an unknown recipient. Fitzgerald admitted to Gardai that he had collected the cash and would receive €7,000 for moving it abroad, claiming he was doing so because his own business was in difficulty.
In a High Court case over the Christian Brothers' plan to sell part of Clonkeen College's playing grounds for €18 million, Judge Carmel Stewart criticised the conduct of both parties. She described their behaviour as "extremely dim" and said the proceedings, which began on 16 March, had been delayed for almost two months. The judge allowed the school's Board of Management to join the case as a co‑plaintiff, after previously refusing to substitute individual board members. She noted that the board members had sued the Christian Brothers, who deny the sale would harm the 520‑pupil Deansgrange‑based school, and that the congregation opposed the board's claims. Stewart urged the parties to regularise their conduct and progress the litigation, adjourned the matter to June, and warned that both sides had used improper tactics, placing the court in an "invidious" position.
An application by Gayle Killilea Dunne to halt High Court proceedings over property transfers has opened before Mr Justice Brian McGovern. The case stems from the 2013 bankruptcy adjudications of her husband, developer Sean Dunne, in both Ireland and the United States. Official assignee Chris Lehane, acting for Dunne's Irish bankruptcy, brought proceedings alleging fraudulent transfers of assets between the couple in 2005 and 2008. These assets include interests in the "Lagoon Beach" hotel in Cape Town and shares in an entity named "Mavior." Ms Dunne, represented by John O'Donnell SC and Alan Doherty SC, argues the Irish action duplicates US proceedings and should be discontinued under the doctrine of forum non-conveniens. Counsel contended that the US is the sole appropriate jurisdiction for administering the estate. Mr Lehane, represented by Mark Sanfey SC and Paul Gardiner SC, opposes the application, asserting that certain estate issues should be heard in Ireland while others remain in the US. During cross-examination, US attorney Timothy Miltenberger, acting for Chapter 7 trustee Richard Coan, stated that his client was amenable to Irish courts adjudicating on assets outside the US, given the predominantly Irish creditor body. The hearing continues.
Jason Heaphy, 33, of Dunmanus Park, Knocknaheeny, Co Cork, lost a challenge to the terms of a good‑behaviour bond he had entered into after breaching a suspended sentence. Heaphy had been caught with €5,000 worth of heroin and cocaine on Kerryhall Road, Fairhill, during the May bank holiday weekend of 2015. Judge David Riordan activated his suspended sentence and added a consecutive three‑year jail term in November 2015. Heaphy had previously received a 10‑year sentence in March 2007, with the final three years suspended for possession of a large quantity of cocaine. He argued that no valid written record of the 2008 sentencing order existed and that the good‑behaviour bond should run from his imprisonment, not his release.
Ben Gilroy, an anti‑eviction campaigner, received a one‑month suspended prison sentence for criminal contempt of court after he posted a video on social media in which he described the judge presiding over a contempt case involving a Dublin couple as a "satanic cult member" and claimed the Irish Constitution was "redundant." In the clip, Gilroy also suggested that the judge had "vacated his oath of office," urged people to use the Defence of the Dwelling Act, and said they should "just wait for anyone coming through the door and blow their heads off with a gun." The High Court judge, Tony O'Connor, found the remarks to be contempt and adjourned the matter to allow Gilroy to respond. When the case returned, Gilroy apologized and said the remarks were "out of character." The judge imposed the suspended sentence, which will remain in force for 30 months on the condition that Gilroy does not repeat such statements.
An Irish truck driver, Eamonn Donnellan, has successfully challenged a €1.5m tax penalty demand from Greece in the High Court. Mr Justice Tony O'Connor declared that the Irish Revenue Commissioners are not entitled to enforce the Greek authorities' request to recover the demand from Mr Donnellan. The case was referred to the European Court of Justice (ECJ) in 2015, which ruled that member states are not precluded from refusing such requests if the person concerned was not properly notified. Mr Donnellan was notified of the demand in November 2014, following a request by Greek tax authorities in April 2009. He had been jailed in 2002 after a Greek court found him guilty of smuggling, but was later acquitted. He maintained his innocence and served over four months in jail before his release. His legal team, led by Paul McGarry SC, argued the demand was procedurally flawed and an abuse of process. Revenue, which opposed the application, consented to the declaration in Mr Donnellan's favour after the ECJ's ruling. The judge also awarded Mr Donnellan his legal costs against Revenue.
Haulier Cathal Dempsey, a Co Monaghan resident, is suing A&M Commercials Ltd and A&M Commercial Ireland Ltd in the High Court over seven trucks purchased in 2009 and 2011. Mr Dempsey alleges that the defendants sold him vehicles with mileage records of approximately 500,000km, when expert examination suggests some units had nearly 1 million kilometres. He claims this breach of contract caused frequent breakdowns and business damage. The defendants deny these allegations, stating there was no implied condition regarding mileage or reliability, and that the vehicles were not fraudulently altered or unfit for purpose. The case opened before Mr Justice Donald Binchy, with counsel for Mr Dempsey highlighting significant discrepancies in the trucks' odometer readings. However, the judge adjourned the case for two weeks after evidential difficulties arose. The dispute centered on whether technical evidence regarding the alleged mileage could be presented by Mr Dempsey's expert or if it required testimony from other examiners, with the defendants opposing hearsay evidence. Mr Justice Binchy noted the seriousness of the allegations but was not prepared to dismiss the action, resulting in the matter being adjourned rather than concluded.
The Northern Irish authorities have assured a High Court judge that Raymond O'Neill, 38, will be properly assessed and cared for at Maghaberry Prison if surrendered. O'Neill faces murder and arson charges over the death of Jennifer Dornan, 30, who was stabbed and burned in her Hazel View house in August 2015. He was arrested in Dublin on February 3, 2016 under a European Arrest Warrant issued by Northern Ireland. His barrister, Caroline Cummings, opposed surrender, arguing a real risk of inhuman and degrading treatment and citing his vulnerability and threats to his life. Ms Justice Aileen Donnelly sought information on conditions at Maghaberry; the State's counsel, Elva Duffy, provided documents on prisoner assessment and care for vulnerable inmates. Cummings noted a 2017 report highlighted serious deficiencies in care. Donnelly said she would consider the matter further, noting the impact of Brexit, and remanded O'Neill in custody until June 11 for related cases.
In a High Court case concerning a disputed property purchase on Dublin's Wexford Street, Trebleside Designated Activity Company, owner of the Opium Bar, sued John Hallinan, Geraldine Hallinan, Claire Cullen and TFF Food Limited for allegedly failing to complete a deal entered in March. Trebleside claimed it had an agreement to buy the neighbouring property at 38 and 38a Camden Row for over €1 million. The defendants, who own the ground floor lease of 38 Camden Row where the Fat Fox coffee shop operates, were alleged to have reneged on the agreement. After settlement talks, the parties agreed that the Hallinans would receive €1.1 million for the adjoining property and TFF Food would receive €100,000. The settlement also resolved all related planning and legal matters concerning the operation of Opium and Whelan's Bar, both part of the Mercantile Group. The case was therefore settled before any court order was issued.
In a High Court hearing on 1 May 2018, Mr and Mrs Gordon and Linda Smith were released from custody after apologising and agreeing to vacate their home at Hamlet Avenue, Balbriggan. The couple had been detained for contempt of court following their refusal to comply with an injunction issued by KBC Bank Ireland Plc, which had obtained a possession order for the property in 2016. KBC had sought to enforce the order in February 2018, but its security staff were forced to leave after an alleged attack. The Smiths claimed they were assaulted by armed men acting on behalf of the bank and that the bank had committed perjury. Mr Justice Tony O'Connor ruled that the couple had refused to comply with the injunction, ordered their detention at Bridewell Garda Station and directed that they be sent to Mountjoy Prison until they purged their contempt.
During a sentencing hearing on 1 May 2018, Mr Justice Tony Hunt criticised media commentary that described rape sentencing as "opaque and not transparent". He was sentencing a 30‑year‑old man who had sexually molested his 13‑year‑old cousin when he was 15. The judge imposed a 14‑month jail term, citing a Court of Appeal decision that reduced the headline sentence for rape from four years to two years and six months on the basis of the offender's immature age at the time of the offence. Mr Justice Hunt noted that the Court of Appeal had previously reduced a similar case involving a 15‑year‑old to 18 months with six months suspended, and that sentencing decisions are firmly based on Court of Appeal rulings. He also highlighted the offender's employment history, education and young children, and the lack of genuine remorse shown. The unnamed 30-year-old pleaded not guilty and was convicted.
In a High Court case, Trebleside Designated Activity Company, owner of Dublin's Opium Bar, has sued John Hallinan, Geraldine Hallinan, Claire Cullen and TFF Food Limited for allegedly failing to complete a purchase agreement for the neighbouring property at 38 and 38a Camden Road, a deal worth over €1m. Trebleside claims the Hallinans entered into the agreement on 27 March, but have since reneged, prompting the company to seek specific performance and injunctions against further objections to the Opium Bar's operations. The defendants have previously contested the bar's noise levels, filing actions in the Circuit Court and High Court, though the Circuit Court case was struck out for lack of jurisdiction. Trebleside also seeks compensation for the property and to resolve outstanding claims. The proceedings were adjourned pending settlement talks and will be re‑heard the following day.
In a dispute over the management of a Galway private medical clinic, Blackrock Medical Partners (BMP) Ltd, controlled by Dr Joseph Sheehan, has brought proceedings against Marpole Ltd, the beneficial owner of Galway Clinic Doughiska, and its majority shareholder Parma Investments Ltd, an entity linked to businessman Larry Goodman. BMP, which holds 25% of Marpole, alleges that Parma has orchestrated oppressive and abusive behaviour towards BMP. The company seeks a declaration that Marpole's affairs and directors' powers are being exercised oppressively, and requests orders for Parma to either buy BMP's shares in Marpole or sell its shareholding to BMP. BMP also seeks consolidation of this action with two other related cases to save court time. The case was admitted to the fast‑track commercial court list by Mr Justice Brian McGovern, who encouraged mediation, and Dr Sheehan expressed willingness to engage further in mediation. The matter is scheduled to return to court later this month.
Denis Harrington, 41, is wanted in the Netherlands for ten alleged fraud or attempted fraud offences relating to a roof‑repair scam involving Irish Travellers. Dutch authorities claim the Travellers approached senior homeowners, claiming roof work was needed, then began work before agreements were made, removing roof tiles and battens and causing deliberate damage and leaks. Harrington was arrested and presented before the High Court under a European Arrest Warrant. Lawyers highlighted ambiguities in the warrant and requested further information. The case was adjourned to 14 May, and Harrington is currently serving a prison sentence in Ireland.
In the High Court, Sean Dunne's barrister Barra McGrory argued that the bankruptcy of the businessman should not be extended because the conduct of the Official Assignee, Chris Lehane, was far below expectations. McGrory contended that Dunne had not ignored his Irish bankruptcy, as alleged, and had opposed it in Irish courts while also facing a dual bankruptcy in the United States. Mark Sanfey SC for Lehane rejected all of Dunne's claims, stating that the businessman had not cooperated until early 2016 and that his cooperation was insufficient to secure discharge. The judge, Ms Justice Caroline Costello, reserved her decision, noting the time‑sensitive nature of the matter. Dunne's Irish bankruptcy, originally due to expire in July 2016, has been extended pending the outcome of this hearing, with a maximum possible extension of five years.
An Irish High Court judge has allowed a former Garda covert informant to use sensitive State documents in his extradition challenge from the UK to France. The informant, who was arrested in France 17 years ago on drug trafficking charges and later sentenced to four years in prison (never served), was detained in England under a European Arrest Warrant issued by French authorities. He seeks to prevent his surrender and has applied to the Irish High Court to use documents obtained from the Garda Commissioner and the State, which he claims will help defeat the extradition request. The State opposed the application, arguing lack of control over the documents and that the request was premature. Justice Marie Baker ruled that special circumstances justified modifying the undertaking, that the English court would provide adequate protection for the documents, and that she would not direct the English court on how to handle them.
Former solicitor Michael Lynn, aged 49, has lodged an appeal against the High Court's refusal to grant him bail. Lynn, who lives in St Alban's Park, Sandymount, Dublin, faces 21 charges at the Dublin Circuit Criminal Court for alleged theft of nearly €30 million from seven financial institutions. Sample charges include €4.1 million stolen from Irish Nationwide on 4 April 2007 and €3.6 million from Ulster Bank on 20 October 2006. He was extradited from Brazil in March and is currently held in Cloverhill Prison. The High Court bail application was denied by Justice Una Ni Raifeartaigh on 6 April. Lynn's appeal is scheduled for hearing on 14 June in the Court of Appeal. During case‑management proceedings, the Director of Public Prosecutions' counsel described the bail application as a "lengthy matter" that occupied most of a day, while Lynn's counsel requested an order for his client to appear on the hearing date.
In a High Court hearing on 26 April 2018, Mr Justice Tony O'Connor adjourned proceedings brought by KBC Bank against Mrs Linda Hussey Smith and her husband Gordon Smith. The bank had obtained a 2016 Circuit Court order for possession of the Smiths' home at Hamlet Avenue, Chieftain's Way, Balbriggan, after the couple failed to repay their mortgage. KBC's security staff were forced to leave the property after an altercation, and the bank subsequently secured a High Court injunction requiring the Smiths and anti‑eviction campaigner Ben Gilroy to vacate the premises by late March. The Smiths, representing themselves, claim that information was withheld during the injunction proceedings and that perjury occurred in the Circuit Court. Mrs Smith alleged she was assaulted when possession was attempted, while Mr Smith was removed from the court by Gardai after refusing to answer the judge's questions. Mr Justice O'Connor warned Mr Smith not to threaten the judge, a claim Mr Smith denied.
A teenager with dyspraxia, speech and language difficulties, and an auditory processing disorder has filed a High Court challenge after the State Examination Commission refused to provide her with an individual reader for her Junior Certificate exams. The teen applied under the Commission's Reasonable Accommodations at Certificate Examinations (RACE) Scheme, supported by medical reports, but the application was denied because her scores on certain tests were deemed too high to warrant assistance. The refusal was upheld on appeal, and the teen's lawyers argue the decision was flawed, unreasonably lacking in proportionality and failing to consider her auditory processing disorder. She claims the decision will seriously prejudice her, discriminates unfairly, and causes significant stress and anxiety. The judicial review was granted ex‑parte by Mr Justice Seamus Noonan, with the matter returnable next week as exams begin in early June.
In a High Court hearing on 23 April 2018, Patricia Martin, a wheelchair‑bound retiree who lives in a nursing home, obtained a possession order for her South Dublin bungalow at Mount Merrion Avenue, Blackrock. Martin had bought the property in 2013 and discovered in 2016 that Darko Malencia was living there without her permission. She had never met him, never entered into an agreement, and had not received any rent. Malencia claimed he had been given a letting by an unknown party. After letters in early 2017 failed to prompt him to leave, court proceedings were started. Malencia did not contest the application. The High Court, hearing an appeal from the Circuit Court, granted Martin possession, but imposed a four‑week stay to allow Malencia to arrange his affairs and vacate the premises.
In a High Court case, the Minister for Employment Affairs and Social Protection seeks to overturn a District Court decision that struck out charges against Deidre Foley, Mark Redmond, and OCS Operations Ltd. The charges related to alleged breaches of the Protection of Employment Act following Clerys' closure in June 2015, which left 460 employees, including 134 from OCS Operations, redundant. Judge John Brennan dismissed the charges, citing the prosecution's failure to comply with a disclosure order and the risk of delaying the defendants' right to a fair and expeditious trial. The Minister argues that the District Judge failed to balance public interest with the risk of an unfair trial, that the striking‑out order was disproportionate and unjust, and that the Minister had fully complied with disclosure duties. Mr. Padraig O'Dwyer and Breffni Gordon‑Blachly have applied to Mr.
In a High Court decision dated 20 April 2018, Mr Justice Paul Coffey quashed a decision by the Garda Commissioner to reclassify the illness of Garda Deming Gao, a Chinese-born naturalised Irish citizen who had been a Garda since 2008. Gao had gone on sick leave in November 2016 after a verbal attack by a colleague and had complained of bullying, isolation and being branded a rat by other Gardai. His injury was initially classified as an "injury on duty" but was changed to an "ordinary illness" in May 2017, backdated to his sick leave. Gao argued the reclassification was erroneous and that the Commissioner had not provided any reason for the change, which he claimed caused financial hardship. The Commissioner contended that the reclassification was a correction of an error and that the decision could not be made until the bullying investigation was complete.
A €20 million claim against the Health Service Executive (HSE) by Eamon Keogh, trading as Keogh Software, is due to commence before the High Court next week. The matter is at the hearing stage and is expected to run for 12 weeks. Keogh Software alleges it provided software services to Irish hospitals between 1992 and 2009 and claims the HSE breached a new agreement entered into in late 2008. The applicant asserts the HSE failed to implement the agreement, breached copyright by allowing third parties to reverse engineer its products, and used its software at over 50 locations without licence or remuneration. Keogh Software also alleges the HSE maliciously stated in 2009 that the company had ceased business. The applicant seeks damages for breach of contract, misrepresentation, breach of copyright, malicious falsehood, and misfeasance in public office, along with a copyright declaration and an injunction. The HSE denies all allegations, stating it did not enter into a new agreement in 2009 and was not under contractual obligation to renew contacts. It denies acting wrongfully or in breach of copyright. In a counterclaim, the HSE alleges Keogh Software breached support and maintenance agreements by making 14 staff redundant in May 2009, rendering it unable to comply with service obligations. The HSE seeks a declaration of breach, damages for duress and professional negligence, and compensation for the alleged breach of contract.