In a High Court hearing, John B. Dockrell Ltd, a vegetable grower, alleged that Mr John Kinsella had trespassed on approximately 150 acres of land purchased in June 2017 in Ferns, Co. Wexford. Dockrell claimed Kinsella entered the property without permission, ploughed the fields, chained gates, placed large concrete blocks, and used vehicles to block the entrance. A vehicle used to block the entrance was impounded by the Gardai, later retrieved after a fine, and repositioned in front of the entrance, causing financial loss to the company. Dockrell secured an ex‑parte temporary injunction preventing Kinsella from coming within 100 metres of the land at Lodgewood and restraining him from interfering with the plaintiff's quiet enjoyment. The injunction remains pending while the case returns to court later in the month. Ms Justice Carmel Stewart upheld the injunction and deemed service on Kinsella effective. The matter is set to return before the courts later this month.
Sean Dunne, a businessman, testified in the Irish High Court that he had cooperated with the official assignee in his bankruptcy case. He explained that his wife and family left their former home in the United States in 2013 because they were being "hounded by the media" after he was declared bankrupt. Dunne alleged that private investigators working for his creditors had leaked the address to the press. He said he believed his bankruptcy would be handled in the United States, but the Irish High Court adjudicated him bankrupt in July 2013. Dunne claimed that the U.S. trustee and his lawyer acted "behind his back" and changed the rules without informing him. He denied that he had failed to cooperate with the process and said he had provided his address and appeared when required. The case is before Ms Justice Caroline Costello, and the extension of his bankruptcy, which was due to expire in July 2016, is still pending.
A pensioner in his late seventies has filed a High Court application to halt his criminal trial for alleged sexual assault of an eight‑year‑old girl in 1962‑63. He claims that the passage of more than five decades has prejudiced his right to a fair trial. The case is set to be heard by a judge and jury at the Circuit Criminal Court next year. The accused denies all charges and says he rarely visited the victim's Dublin home, contrary to the complainant's allegation that he and his family were regular visitors. He also asserts that he was working overseas at the time of some alleged incidents. His mother and sister, who might have supported his account, have died. The High Court, after hearing barrister Patrick Gageby SC, granted a stay on the prosecution, making the matter returnable to a June hearing.
Benedict Ó Floinn Bl, a barrister, has filed a defamation claim in the High Court against Minister for Health Simon Harris and Senator Catherine Noone. The suit follows tweets from the politicians that Ó Floinn says were defamatory, disparaging and damaging to his professional reputation after his appearance on the RTE radio programme 'Saturday with Cormac Ó hEadhra' on 31 March. He alleges the tweets prompted media articles that further harmed him. Ó Floinn seeks damages and an order to remove the disputed tweets.
In a High Court hearing on 11 April 2018, the official administering Sean Dunne's Irish bankruptcy, Chris Lehane, argued that Dunne had not cooperated with the process after his 2013 adjudication. Lehane noted that while some cooperation occurred in 2016, it was "wholly deficient" and led to an application to extend the bankruptcy by up to five years. Dunne denies non‑cooperation and opposes the extension. Lehane explained that Dunne had not attended an interview with the OA until June 2016, and that the documents received—including an 800‑page transcript of a US interview and a statement of affairs—were insufficient in quality. He said Dunne's responses to asset questions were a "complete obfuscation." The extension application is before Ms Justice Caroline Costello, and investigations into Dunne's estate remain ongoing. The bankruptcy, originally due to expire in July 2016, has been extended pending the full hearing.
An application to extend Sean Dunne's Irish bankruptcy has been opened before the High Court. The Official Assignee, Mr Chris Lehane, seeks an extension on grounds that Dunne allegedly failed to provide information on assets he owned or controlled at the time of adjudication, did not supply his address, and did not attend required interviews until early 2016. The businessman, represented by Barra McGrory QC, denies these allegations and opposes the extension. The case involves cross‑examination of witnesses, including US lawyer Timothy Miltenberger, who confirmed Dunne's lack of cooperation with the US trustee. The application is being heard by Justice Caroline Costello and is expected to last several days. The bankruptcy, originally set to expire in July 2016, may be extended for up to five years pending the hearing's outcome.
In March 2018, the High Court in Dublin refused to allow Fair Trial Europe, an NGO that defends the right to a fair trial, to join proceedings as an amicus curiae in a case involving the extradition of Artur Celmer to Poland on drug trafficking charges. The case had been referred to the Court of Justice of the European Union (CJEU) by Judge Aileen Donnelly after she concluded that recent Polish legislative changes had "systematically damaged" the rule of law in Poland. Fair Trial Europe had applied to assist the court with questions for the CJEU, but Judge Donnelly ruled that the NGO's late intervention would not aid the efficient conduct of the proceedings and that the parties' own submissions already covered the necessary issues. Consequently, the NGO was denied permission to participate, and Celmer remains remanded in custody until a decision from the CJEU.
In a High Court hearing, an Irish man who claims he was a paid Garda informer (CHIS) seeks to prevent his extradition to France on a 17‑year‑old drug‑trafficking conviction. He argues that the Gardaí failed to protect him after his arrest in France, and that they had promised him safety, confidentiality and immunity from prosecution. He wants documents he obtained from the Gardaí to be used in his claim against the Garda Commissioner, the Attorney General and Ireland for alleged negligence, breach of contract and misrepresentation. The State denies that any protection was promised and argues that handing over the documents would risk operational security. The court has adjourned the case to allow further submissions before deciding whether to allow the documents to be presented to an English court.
In a High Court hearing on 21 March 2018, an Irish judge referred a case involving Artur Celmer to the Court of Justice of the European Union (CJEU) to determine whether mutual trust still exists between Poland and other EU Member States for extradition. Celmer, arrested in Ireland under a European Arrest Warrant, faces drug‑trafficking charges in Poland. The judge, Ms Justice Aileen Donnelly, cited recent Polish legislative changes that she said had "systematically damaged" the rule of law. A representative of the Polish Embassy in Dublin attended. Fair Trial Europe, an NGO, applied to join the proceedings as an amicus curiae to assist the CJEU with its questions, but counsel for the Minister for Justice argued the NGO's late application and lack of a unique perspective made its participation inappropriate. The judge promised to conclude all matters by the end of the week and to send the referral to the CJEU promptly.
In March 2018, the High Court granted an injunction to Havbell Designated Activity Company, ordering up to 20 individuals described as "squatters" to vacate 44 North Circular Road, Dublin. The injunction, pending a full hearing, requires the occupants to leave by 7 pm on 23 March. The fund, represented by Ronan Murphy SC and Ronan Kennedy BL, claims the property had been vacant for just over a year after a 2017 fire and was sold by PTSB in 2016. Agents discovered the building had been broken into, lights on, and 15–20 people living there, mostly males and some females of various nationalities. The occupants wore balaclavas, refused to leave, and had bypassed the ESB meter. Gardai were called, and the fund sought to enforce the injunction to prevent further trespassing. The court directed that the order be posted on a sign at the property.
Havbell Designated Activity Company secured a High Court injunction requiring Maria Isabel Dias and her family to vacate a Dublin property pending the final outcome of the case. Ms Justice Caroline Costello found the fund entitled to possession, ruling that Ms Dias failed to establish an arguable case for occupancy rights binding the fund. Consequently, the judge determined Ms Dias was a trespasser and that the premises did not qualify as a family home under the Family Home Protection Act, 1976. The court noted Ms Dias had profited from using the building as a guesthouse via Airbnb. Ms Dias, represented by Vincent Martin SC, opposed the application, claiming a valid tenancy with former owner John Rooney, an equitable interest based on €50,000 to €80,000 in repairs, and an option to buy the property for €475,000. She also alleged delay and abuse of process by the fund. Havbell, represented by Anthony Thuillier Bl, argued it owns the property, acquired through a €2.3m loan to John Rooney, and that the occupants enjoyed it rent-free for three years. The judge stated there was no legal obligation for the fund to negotiate a sale with Ms Dias, who may sell the property on the open market with vacant possession. The injunction remains in place until the case concludes.
In a High Court hearing, the board of Clonkeen College claimed it was kept unaware of a €18 million sale of part of the school's playing fields to builder Patrick Durkan. The board, which has run the school since 1998, said the Christian Brothers, the school's patrons, had sold about seven acres of the grounds without informing the board, which only learned of the deal in May 2017. The board argued the sale breached a 2006 agreement that the fields should remain available for the school and that only the monastery site could be developed. It seeks declarations that students retain use of the fields and that the congregation must perform the 2006 agreement. The congregation denies any wrongdoing, claims the board has no interest in the land, and says the 2006 agreement is void. The case is before Justice Carmel Stewart.
In a High Court hearing on 15 March 2018, the State argued that Graham Dwyer's constitutional right to privacy was not breached when Gardai accessed data from his mobile phone during the investigation of childcare worker Elaine O'Hara's murder. Sean Guerin SC, representing the State and the Garda Commissioner, explained that under the 2011 Communications (Retention of Data) Act, telecommunication data from Dwyer's personal phone was lawfully retained and accessed. The prosecution had presented this data at Dwyer's 2015 trial, showing his presence at certain locations. Guerin contended that the right of the Gardaí to investigate the relationship between Dwyer and O'Hara outweighed any privacy claim, as the data was relevant to the missing person case. He noted that Dwyer's challenge to the Act on constitutional grounds was ongoing, but the State maintained that the data retention and access did not infringe his privacy rights.
In a High Court hearing on 15 March 2018, Gerald and Olivia Dorian of Ivy Cottage, Rock Road, Blackrock, Dundalk, Co. Louth, sought an interim injunction against their neighbour Ruth Black. The dispute concerns a small plot of land outside the front wall of Ivy Cottage that contains mature flower beds. The Dorians claim the beds are part of their property, which has been in their family since 1903, and that Ruth Black, who bought an adjoining property in 2017, has no legal right to claim ownership. The Dorians allege that Black's solicitors asserted ownership and that Black has already arrived with machinery to carry out works that could remove the beds and ivy. On ex‑parte, Justice Caroline Costello granted the Dorians an injunction preventing Black from interfering with the beds, which measure 18 inches wide by 29 feet long. The Dorians also seek a declaration that the beds belong to them and form part of their property.
In a High Court case, Lorcan Bourke, a descendant of Peadar Kearney, has sought the return of an original signed copy of Amhrán na bhFiann and other items from the former Bourke's Bar in Limerick. The bar's premises were sold by receiver Anne O'Dwyer of Duff Phelps Ireland Ltd, and a new pub is set to open there. Bourke claims the receiver holds his items, including the anthem copy, two framed pictures of "The Fields of Athenry" and "Dublin in the Rare Auld Times" signed by composer Pete St. John, and seeks declarations that any sale of these items is void, along with damages. O'Dwyer denies possession of the items and has offered an undertaking not to dispose of any that may be in her care pending the hearing. Justice Caroline Costello adjourned the case for a month, allowing both parties to exchange documents and prepare further submissions.
A Belfast student, Roisin Morelli, has applied to the High Court in Dublin for a judicial review to challenge the Irish State's refusal to allow citizens living in Northern Ireland to vote in the forthcoming referendum on the eighth amendment. Mr Justice Charles Meenan adjourned the leave application to 9 April, directing that the application be served on the Taoiseach, relevant ministers and the Attorney General. Morelli, represented by Madden & Finucane, argues that Irish citizens residing in Northern Ireland have a constitutional right to vote in referenda that alter the constitution, and that the State's refusal breaches her constitutional rights, the Good Friday Agreement and the European Convention on Human Rights. She seeks declarations that the relevant provisions of the Referendum Act and the 1992 Electoral Act are unconstitutional, orders to allow her vote, and damages. The case is set to be heard after the referendum date is fixed by the Dáil and Seanad.
In a High Court hearing, the court ruled that data generated by Graham Dwyer's mobile phone could be used as evidence against him in his Central Criminal Court murder trial. The State and Garda Commissioner argued that the data was lawfully retained and accessed under the 2011 Communications (Retention of Data) Act, which Ireland had adopted to comply with EU requirements. Dwyer's lawyers sought to exclude the data, citing a 2014 European Court of Justice decision that found the 2006 EU directive underpinning the Act invalid. The judge, Mr Justice Tony Hunt, rejected the exclusion and allowed the contested evidence to be presented to the jury. Dwyer maintains that the Act breached his privacy rights and is pursuing further legal action against the State and Garda Commissioner. The case remains ongoing.
In March 2018, Gerry Ward, a south Dublin businessman, appeared before the High Court and apologized for his contempt of court orders that prohibited him from interfering with the receivership of a property he owned. The property, located at Cedar Brook Avenue, Cherry Orchard, Dublin 10, was under the control of receiver Simon Coyle, appointed by the Bank of Ireland in 2015. Coyle had previously sought Ward's attachment and committal to prison for refusing to comply with the court's orders. Ward had contested the validity of Coyle's appointment and had previously refused to purge his contempt. After submitting a sworn statement that included an apology, the judge, Ms Justice Carmel Stewart, concluded the application for Ward's attachment and committal. Ward was ordered to pay the legal costs of the application, while the final outcome of the dispute over the receivership remained pending. The case had been before the courts on several occasions.
In a 2018 extradition case involving Artur Celmer, a judge in Ireland referred the matter to the European Court of Justice, arguing that recent Polish legislative changes have severely undermined the rule of law and democracy. The judge cited the "Reasoned Proposal" issued by the European Commission, which highlighted the dismantling of judicial independence and the merging of the Minister for Justice with the Public Prosecutor General, creating excessive power concentration. The judge warned that surrendering Celmer to Poland would expose him to a judicial system where the Minister for Justice could influence court presidents, potentially chilling judicial administration. Counsel for Celmer described the situation as unprecedented, claiming the reforms threaten the European Arrest Warrant process and mutual trust between EU member states. The case was presented as a lead test for extraditions to Poland, with the judge seeking a ruling on the cumulative impact of the reforms on the rule of law.
A descendant of Peadar Kearney, Lorcan Bourke, has filed High Court proceedings against receiver Anne O'Dwyer of Duff Phelps Ireland Ltd, seeking the return of valuable items that were displayed in Bourke's Bar on Catherine Street, Limerick, until its closure in 2014. The items include an original signed copy of Amhrán na bhFiann, dedicated by Kearney to Bourke's grandfather, and other autographed memorabilia. Bourke, represented by Richard Kean SC and Gareth Robinson Bl, argues that the receiver took control of the premises after the landlord's debts were acquired by Penture Property Finance DAC. He claims the items were removed without permission and may be sold by the receiver. Bourke seeks injunctions to prevent sale, declarations that any sale is void, and damages. The case was granted ex‑parte notice and is set to return to the court on Wednesday.
In a High Court hearing on 9 March 2018, Graham Dwyer's lawyers argued that the use of data from his mobile phone, retained under the 2011 Communications (Retention of Data) Act, breached his privacy rights. Dwyer, who denies murdering Elaine O'Hara, contended that the Act, introduced to implement a 2006 EU directive, was invalid because the European Court of Justice had ruled the directive unlawful in 2014 and 2016. His counsel claimed that the State's evidence was largely irrelevant and inadmissible, focusing on child‑abuse and national‑security investigations rather than Dwyer's case. The State, represented by Brian Murray SC, counter‑argued that the retention regime was essential for preventing and prosecuting serious crime, and that EU law did not govern national security. The case was set to resume the following week.
The High Court heard evidence on the sixth day of an action brought by Graham Dwyer against the State and the Garda Commissioner, seeking to strike down provisions of Ireland's data retention laws. Dwyer, who denies killing childcare worker Elaine O'Hara, claims the 2011 Communications (Retention of Data) Act breached his privacy rights by allowing Gardai to access his mobile phone data during his 2015 trial. His appeal against that conviction remains pending before the Court of Appeal. Retired Detective Chief Superintendent Peter Kirwan, who headed the force's Security and Intelligence section, testified that over 8,000 requests for retained data were made by the Gardai since 2012. He stated such data is vital for detecting crime and locating missing persons, noting that any request, including one concerning O'Hara's murder, must be deemed proportional and necessary. Kirwan affirmed he operated independently of specific investigations and weighed competing interests, including privacy rights, before making formal requests. Dwyer argues the 2011 Act suffers from flaws identified by the European Court of Justice in its 2014 ruling invalidating the underlying EU directive. The application is opposed, and the hearing continues, with the matter expected to conclude next week.
A man who says he was a Garda informer is suing the State for failing to protect him after he was arrested in France for drug trafficking more than 17 years ago. He is currently in UK custody awaiting extradition from France, where he was sentenced to four years in prison for drug trafficking offences in 2000. In 2006 he brought proceedings against the Garda Commissioner and the Attorney General, claiming negligence, breach of duty, breach of contract and misrepresentations, and alleging that his constitutional rights and European Convention on Human Rights were breached. He says that in the late 1990s he entered an agreement with the Gardai to act as an informant and that the Gardai were to safeguard his safety, keep his identity confidential and protect him from prosecution. He claims the Gardai failed to intervene with French authorities after his arrest and conviction. The State denied the claims.
Professor Michael Clarke, a national security expert, testified in the High Court that broad data retention regimes are necessary for effective crime detection. Giving evidence on behalf of the State and the Garda Commissioner, he stated that restricting such regimes would create 'electronic spaces' where criminals could operate with impunity. He noted that retained data is used in 90% of serious crime investigations and 100% of terrorism cases in the UK. Prof. Clarke argued that targeted retention schemes are not operationally feasible and that general retention is required for effective evidence gathering. He acknowledged that accessing retained data raises privacy issues, though he maintained that retention itself does not constitute surveillance. This testimony was provided during the sixth day of an action brought by Graham Dywer against the State and the Garda Commissioner. Dywer claims the 2011 Communications (Retention of Data) Act breached his privacy rights, arguing it suffers from flaws identified by the European Court of Justice. The Act allowed Gardaí to obtain mobile phone data generated during his 2015 trial for the murder of childcare worker Elaine O'Hara. Dywer, who denies killing Ms. O'Hara, seeks declarations that his constitutional and human rights were violated. His appeal against his conviction is currently pending before the Court of Appeal. The State opposes Dywer's application. The hearing before Mr Justice Tony O'Connor continues.
The National Maternity Hospital (NMH) has secured permission from Mr Justice Seamus Noonan to seek an injunction halting a statutory inquiry into the 2016 death of Malak Thawley. The hospital's judicial review challenges the Minister for Health's decision to order the Health Information and Quality Authority (HIQA) to investigate patient safety issues, including out-of-hours surgery. The court heard that the surgery was performed by an inexperienced junior surgeon without supervision. Alan Thawley, the deceased's widower and applicant in related civil proceedings, previously settled his action for compensatory damages against the NMH. The NMH argues the Minister acted outside his powers, citing three prior reports, and claims the inquiry will undermine clinical confidence. Counsel for the hospital stated that no undertakings to pause the inquiry were received from the Minister or HIQA, necessitating the injunction to prevent the proceedings from becoming moot. The matter was adjourned, with the hearing of the injunction application fixed for Friday.
The High Court heard evidence on the fifth day of an action brought by Graham Dwyer, who claims Ireland's 2011 Communications (Retention of Data) Act breached his privacy rights. Dwyer, who denies killing childcare worker Elaine O'Hara and has a pending appeal against his conviction, argues the Act is invalid following European Court of Justice rulings. The application is opposed by the State. Barrister David Anderson QC, the UK's former Independent Reviewer of Terrorism Legislation, testified that data retention is of "crucial importance" for investigating serious crimes, citing its use in cases involving human trafficking and child abuse. He stated there is no effective alternative to a general retention regime, noting that targeted approaches are not feasible. In cross-examination, Anderson acknowledged the ECJ's findings but argued the suggested routes for compliance were not productive. Defence expert Professor Michael Clarke testified that data retention itself is "inert" and does not constitute surveillance until the data is actively sifted. The proceedings, presided over by Mr Justice Tony O'Connor, continue.
A High Court challenge to a planning extension granted for a proposed wind farm at Derrynadivva, Castlebar, Co Mayo has been admitted to the fast-track Commercial Court list. Environmentalist Peter Sweetman brought the action against Mayo County Council, Ireland and the Attorney General, seeking to quash the council's October decision to extend planning permission for five years. The extension relates to a four-turbine wind farm development. Mr Sweetman contends that adequate reasons were not provided for the extension and that a proper Environmental Impact Assessment was not conducted beforehand. Developer Ecopower Developments Ltd, which originally secured permission in 2013, is a notice party to the proceedings. The company sought expedited hearing status, citing concerns over project viability and financial loss, particularly regarding compliance with the government-backed REFIT renewable energy support scheme underpinning its value. Ecopower has invested €800,000 to date and estimates a further €11 million is required for completion. Mr Justice Brian McGovern admitted the case to the commercial court list on Monday. The hearing, expected to take three days, was adjourned to July.
The High Court has heard arguments in a civil action brought by Graham Dwyer against the State and the Garda Commissioner. Dwyer claims that the 2011 Communications (Retention of Data) Act breached his privacy rights under the Irish Constitution, the European Convention on Human Rights, and the EU Charter. He alleges that the Act, used to obtain his mobile phone records during his 2015 trial for the murder of Elaine O'Hara, is invalid following a 2014 European Court of Justice ruling that struck down the underlying 2006 EU directive. Dwyer seeks declarations that his privacy rights were breached. The State, represented by Brian Murray SC, opposes the action, arguing that the general data retention scheme is vital for detecting, investigating, and preventing serious crime, including terrorism. Counsel stated that a more targeted regime would be unworkable and potentially discriminatory, noting that Dwyer had no prior criminal record and lived in an area not typically associated with serious crime. The State further argued that Dwyer was aware of the data acquisition in 2013, prior to the ECJ decision, and that his challenge was lodged around the time of his trial. Dwyer denies killing Ms. O'Hara, and his appeal against his conviction is currently pending before the Court of Appeal. The matter before Mr Justice Tony O'Connor was adjourned and continues next Tuesday.
The High Court heard evidence on the second day of Graham Dwyer's challenge against the Garda Commissioner and the State, which seeks to strike down provisions of the Communications (Retention of Data) Act 2011. Dwyer, who was sentenced to life imprisonment in 2015 after a jury found him guilty of the murder of childcare worker Elaine O'Hara, claims the Act breaches his privacy rights under the European Charter, Irish Constitution, and the European Convention on Human Rights. He argues that evidence gathered under the Act should not have been used against him during his trial. Counsel for Dwyer cited a report by former Chief Justice John Murray, who stated the 2011 Act amounts to mass surveillance contrary to EU legislation. The respondents deny the claims, asserting Dwyer is not entitled to the declarations sought. Dwyer's appeal against his conviction remains pending before the Court of Appeal. The hearing continues.
In a High Court hearing, lawyers for Graham Dwyer argued that the 2011 Communications Act gives State agencies—such as An Garda Siochana, the Defence Forces, the Competition Authority and the Revenue Commissioners—unrestricted power to request mobile phone data from service providers without any independent oversight. The counsel explained that the Act requires providers to comply with such requests and does not appoint a judge or other independent figure to limit the scope or safeguard privacy rights. Dwyer's claim is that this lack of oversight violates his privacy rights under the European Charter, the Irish Constitution and the European Convention on Human Rights. He also contends that the Act, introduced to implement a 2006 EU directive later invalidated by the European Court of Justice, should not have been used as evidence against him in his 2015 murder trial. The case remains before the Court of Appeal.
Graham Dwyer, aged 45, has asked the High Court to strike down parts of the Communications (Retention of Data) Act 2011 that allowed Gardaí to obtain and use mobile phone data as evidence in his murder trial. He was convicted of the murder of childcare worker Elaine O'Hara and sentenced to life imprisonment in April 2015. Dwyer claims the Act breaches his constitutional rights, the European Convention on Human Rights and the EU Charter of Fundamental Rights, arguing that the 2011 Act implements the invalid 2006 EU Directive 2006/24/EC, which the European Court of Justice struck down in 2014 for violating privacy and data protection. He seeks declarations that the Act is incompatible with EU law, damages for breaches of his rights, and an order that his legal costs be paid by the respondents. The case is pending before Mr Justice Tony O'Connor and will affect his appeal against conviction.
In February 2018, Ms Justice Carmel Stewart directed Gardaí to bring south Dublin businessman Mr Gerry Ward before the High Court next week to answer alleged contempt of court orders. The orders, issued on 20 January, prohibited Mr Ward from interfering with the receivership of his property at Cedar Brook Avenue, Cherry Orchard, Dublin 10, where Mr Simon Coyle had been appointed receiver by the Bank of Ireland in 2015. Mr Ward had contested the receiver's appointment and had previously been prevented from dealing with, occupying, trespassing or interfering with the property. Mr Coyle had brought contempt proceedings against Mr Ward after the receiver failed to gain possession. The High Court had earlier dismissed contempt proceedings against Ms Amy O'Reilly, the property's occupier, who had paid rent to Mr Ward and agreed to vacate the house by early next week.
A cash logistics firm, General Secure Logistic Services (GSLS), secured a temporary High Court freezing order, known as a Mareva Injunction, against Bedra Metals Ltd. The order was obtained after Bedra ceased trading days after receiving a delivery of €70,000 in cash from GSLS. GSLS had delivered the cash to Bedra on a regular basis for several years, with customers ordering cash from GSLS and paying a fee for the service. Bedra had ordered €70,000 from GSLS earlier that month, but the cash was delivered without a corresponding transfer to GSLS's bank account. GSLS sought payment, which was not received. Bedra's director informed GSLS that the company had closed down and was working with creditors, but GSLS was not informed that a liquidator had been appointed. GSLS was concerned that the cash might have been used to purchase jewellery and precious metals that could be moved beyond GSLS's reach.
A fund-appointed receiver has initiated High Court proceedings at the N5 Business Park in Moneen, Castlebar, Co Mayo, seeking the removal of alleged trespassers. Ken Fennell, an insolvency practitioner with Deloitte, brought the action against persons of unknown identity believed to be members of the Irish Travelling Community. The receiver claims caravans have occupied the site intermittently since his appointment, and that peaceful resolution attempts have failed. Counsel outlined concerns regarding health and safety risks, damage to infrastructure including illegal water main access, and burning of rubbish on the property. The alleged trespassers reportedly demanded €10,000 per caravan to vacate the park and acted in a threatening manner towards the receiver's agents. The receiver seeks orders for vacation and cessation of trespass to facilitate the sale of the business park, which comprises commercial units and development land. A Garda operation conducted in 2017 did not resolve the matter. Ms Justice Caroline Costello granted permission to serve short notice on an ex-parte basis and adjourned proceedings for one week.
The Office of the Director of Corporate Enforcement (ODCE) has applied to the High Court to examine documents related to the former charity Console, which was wound up in July 2016 after governance concerns. The ODCE's motion seeks to review electronic documents stored on Console's computers, which were provided by the liquidator. On 15 February 2018, Remy Farrell SC, representing Console's founder Mr Paul Kelly and his wife Patrica, requested an adjournment so that the Kellys could apply for legal aid. The Kellys receive social welfare, and the court heard that they had not yet engaged with the ODCE on the matter. Kerida Naidoo SC, for the ODCE, opposed the adjournment, arguing the motion had been pending for some time and that the ODCE wished to keep any private material belonging to the Kellys separate from the investigation. Justice Caroline Costello granted the adjournment, noting that the Kellys should have legal representation because of competing interests.
St Patrick's School in Galway has filed High Court proceedings against Eoghan O'Neachtain Ltd over the use of its playground as a car park. The school seeks an injunction to recover vacant possession of the playground and to remove the company's belongings. The school's board claims the company has refused to vacate the site and has asserted it holds a lease, which the school denies. In a sworn statement, Brother Niall Coll warned that a lease would severely affect the school's operations. The school maintains it has never entered into a lease agreement and that it operates a licence arrangement, paying a monthly fee for car‑park use during specified hours. The licence, renewed annually, was first with Mr Mairtin O'Neachtain in 1999 and later with his son. In January the company did not renew the licence and has now claimed a lease.
A wind-farm developer operating in County Sligo has obtained a temporary High Court injunction preventing a quarrying company from pursuing a winding-up petition against it. Ms Justice Caroline Costello granted an interim order on Wednesday restraining Hillstreet Quarries Ltd from presenting or advertising a petition to have Derrysallagh Windfarm Ltd wound up over an alleged debt of €80,000. The dispute concerns storage fees for cable drums valued at €500,000, which were placed at Hillstreet's site between February and November 2017 for use in the wind-farm development at Glen, Knockroe, Derrysallagh and Rover. Derrysallagh's counsel argued the storage responsibility lay with a civil engineering contractor hired to carry out works on the project, which has since entered examinership. The developer contends it does not owe payment for storage. The judge noted that winding-up petitions should not be used as debt-collection mechanisms and that the debt is genuinely disputed. The matter was adjourned for one week.
In a High Court hearing on 12 February 2018, Justice Caroline Costello placed a stay on a committal order that would have jailed property owner Liam Mulvaney. The original order followed Mulvaney's refusal to comply with an injunction issued in December by receiver Tom O'Brien, who alleged that Mulvaney had interfered with the receivership of 17 properties he owned. The injunction had prohibited Mulvaney from trespassing or otherwise interfering with the properties. Mulvaney, who disputes the validity of the receiver's appointment, had been found in contempt of the injunction. Justice Costello agreed to suspend the committal order provided Mulvaney would abide by the injunction, except that investigations would continue into his claim that a house at Avondale Lodge, one of the receivership properties, is his family home. While that investigation proceeds, Mulvaney and his family may remain at Avondale Lodge.
Amnesty International and Amnesty International Irish Section CLG have brought a High Court challenge against the Standards in Public Office Commission (SIPO). The applicants seek to quash a SIPO order directing them to return a €137,000 donation made in August 2015 by the Open Society Foundations. SIPO found the donation prohibited under Section 23 A2 of the 1997 Electoral Act, deeming it for political purposes related to a campaign to repeal the Eighth Amendment. Amnesty denies the funds were used for political purposes, arguing SIPO's decision is flawed, irrational, and in excess of jurisdiction. Counsel stated the donation funded a 2016 campaign to increase public support for repeal, noting no referendum was planned at the time. Amnesty alleges SIPO breached constitutional and EU law and acted in error. The applicants fear criminal prosecution and financial hardship if the order stands. Permission to bring the challenge was granted ex-parte by Mr Justice Seamus Noonan. The matter was adjourned to a date in April.
Liam Mulvaney was jailed for ten days for contempt of court after refusing to comply with orders to stop interfering with or trespassing on 17 properties in receivership, including 39 units in Dublin. The High Court found that Mulvaney had obstructed receiver Tom O'Brien by instructing tenants not to deal with the receiver, moving into one of the properties at Avondale Lodge, and interfering with sales efforts, such as removing 'For sale' signs. He also registered a lis pendens and failed to hand over rents from most properties, despite a December order. Mulvaney, who disputes the receiver's appointment and claims the Avondale Lodge property is his family home, represented himself and argued health problems and a desire to appeal the injunction. The judge, unable to overturn the High Court order, directed his arrest and ten‑day imprisonment for contempt. The receiver, appointed by Ulster Bank, claims €7.5 million owed by Mulvaney for loans from 2004 to 2010.
John Doherty, aged 55, was sentenced to 15 months' imprisonment for sexually assaulting his stepdaughter between January 1996 and April 1998 when she was 12 and 13. The court heard that Doherty pleaded guilty to two counts of sexual assault and that the case had been delayed for years due to police incompetence. The victim, now 35, waived anonymity and described the abuse as a "huge breach of trust" that ruined her childhood, education and family relationships. She detailed repeated sexual advances, forced contact and the impact on her mental health. Doherty had undertaken therapy and expressed remorse, but the judge noted the seriousness of the offence. He was registered as a sex offender following the conviction. The sentence reflected the maximum penalty of five years at the time of the offence.
The High Court heard that liquidator Myles Kirby contacted over 700 charities to investigate an estimated €3.8 million in missing donations routed through the Dublin-based platform Pembroke Dynamic. Counsel Rossa Fanning SC reported that Kirby secured freezing orders against managing director Peter Conlon after discovering charities, including the Red Cross, UNHCR, and Save the Children UK, had not received funds. Pembroke Dynamic was wound up last month due to an unpaid Revenue debt of approximately €400,000. Kirby alleged Conlon, a shareholder in vehicles owning the company, was guilty of serious misconduct and feared asset dissipation. Conlon has been detained by prosecutors in Zurich Switzerland since before Christmas following a criminal investigation into claims by the International Federation of the Red Cross that it did not receive millions donated via the linked Ammado platform. The presumption of innocence applies. Attempts to notify Conlon of the Irish proceedings via text, email, and his Ballsbridge address were unsuccessful, though counsel believes he is aware of the action. The judge directed the liquidator to investigate whether Swiss lawyers representing Conlon would accept service of the proceedings. The matter remains at the hearing stage with no final determination reported.
Jack Kelleher, a 23‑year‑old university student, has brought proceedings in the High Court after being evicted from his family home in Bridgewater, Carrigrohane, Co Cork by the Cork County Sheriff on the basis of a 2016 Circuit Court order obtained by KBC Bank against his parents. The order, which did not name Kelleher, was used to repossess the house, and he was told to leave within 28 days or his possessions would be destroyed. Kelleher claims the order cannot be used to evict him, as he was not a party to the original action and his constitutional right to a home was not considered. He seeks a temporary injunction, declarations that only named individuals may be affected, and damages for breaches of Articles 40.5 and 8. Judge Carmel Stewart declined the injunction but ordered short notice to be served on KBC and the Sheriff. The case will return next week.
The estranged wife of a man who was declared bankrupt after his construction business collapsed has applied to the High Court for an investigation into his financial affairs. She seeks a court order directing the official assignee, Chris Lehane, to probe alleged failures by her husband to answer questions about his finances before he filed for bankruptcy in 2016. The wife, represented by Bernard Dunleavy SC, claims she is a creditor and is owed money, including an €18,000 loan she advanced in 2012. She alleges that her husband did not explain inconsistencies in financial information provided to Revenue and the assignee, and that there were six‑figure loans to other firms connected to him that were not clarified. She argues that an investigation could lead to an extension of the bankruptcy. The husband, represented by Mark Sanfey SC, denies the allegations, stating he fully cooperated with the bankruptcy process and that the loan came from joint funds.
In a High Court case, the State‑approved tyre recycling scheme body Repak ELT sued Delvin Tyres, trading as Mr Daniel McHugh, for misleading customers by presenting itself as an authorised collector registered with Repak ELT. The firm had used Repak ELT's logo and claimed compliance with its regulations, actions Repak ELT said were unlawful. Repak ELT sought injunctions to stop the use of its logo, to prevent the firm from passing itself off as endorsed by Repak ELT, to stop misleading marketing, to cancel the domain name www.repakelt.com, and to obtain damages. The court granted short notice of the action. The matter returned to the High Court, where the parties reached a settlement. Mr McHugh agreed not to pass off his business as endorsed by Repak ELT, not to claim compliance with waste‑management regulations, not to use Repak ELT's logo or trade‑mark, to cancel the domain name, and not to register a similar domain.
Garda Paul Leavy, who was off duty when burglars broke into his father‑in‑law's house in Tallaght on 8 December 2012, sustained serious injuries including stab wounds to his eye, shoulder, hand and chest. He applied for compensation under the Garda Compensation Acts, but the Minister for Justice refused the claim, ruling the injuries were not malicious or reckless. Leavy's lawyers argue the refusal is unreasonable, factually unsustainable and breaches fair procedures. The High Court has been asked to quash the Minister's decision and declare that the Minister and Oireachtas cannot constitutionally deny him access to the courts. Mr Justice Seamus Noonan granted permission ex‑parte, setting a return date for April. The case remains a judicial review challenge to the Minister's refusal.
In a High Court hearing on 2 February 2018, barrister Sean Guerin SC represented Artur Celmer, a Polish national sought for alleged drug‑trafficking offences in Poland. Guerin argued that Poland's "attack on the rule of law" renders extradition unsafe, as the absence of judicial independence would undermine Celmer's rights under the European Convention on Human Rights and the Irish Constitution. He cited evidence of systemic issues, including interference in judge appointments and reforms that the European Commission has deemed to threaten impartiality. The Commission had invoked Article 7 of the Treaty on European Union in December, demanding Poland rectify these problems before further EU action. Ciaran Mulholland of Fahy Bambury Solicitors, acting for Celmer, described the case as a leading EU test case on extraditions to Poland, claiming the reforms erode mutual trust and question the European Arrest Warrant system. Justice Aileen Donnelly, after considering the arguments, remanded Celmer in custody until 12 March, postponing the decision on extradition.
In February 2018, John Barrett, executive director of human resources for An Garda Síochána, testified before the Charleton tribunal that a senior civil servant, Cyril Dunne, allegedly told him that the force was "going after" whistleblower Sergeant Maurice McCabe during the O'Higgins Commission of Investigation. Barrett, who had been working with McCabe on workplace issues since February 2015, said he was shocked by the remark, which he believed occurred on 13 May 2015. Barrett admitted he had not recorded the conversation and would have taken a detailed note if he had known its significance at the time. He provided his emails and electronic diary entries to the tribunal. The tribunal noted that the comment was denied by Dunne, and that the case involved allegations McCabe made about senior officers, including former Commissioner Martin Callinan.
A receiver appointed by a financial fund secured a High Court interim injunction against Mr Paul Howard and Ms Una McClean, owners of several Dublin properties, after media reports that tenants had been forcibly removed from an apartment in Mountjoy Square. The injunction, granted ex‑parte by Justice Caroline Costello, prohibits the defendants, their agents and anyone aware of the order from trespassing, damaging, collecting rent from, or taking possession of the properties. It requires them to hand over possession to the receiver. The receiver, Ken Fennell of Deloitte, was appointed by Promontoria (Oyster) DAC following unsuccessful debt negotiations over €1.4 million owed jointly by Howard and McClean and an additional €400 000 owed by Howard. The injunction was sought to prevent further interference with the receivership and to protect tenants' safety. The court will consider the matter again later this week.
The State has applied to the High Court to dismiss a damages claim brought by Peter Pringle, alleging want of prosecution and inordinate delay. Pringle, who was wrongly convicted of the 1980 murders of gardai John Morley and Henry Byrne, served 14 years and 10 months in prison before his conviction was quashed in 1995. He claims the State was negligent and breached his constitutional rights by failing to disclose crucial evidence prior to his Special Criminal Court trial. The State argues that many witnesses from the 1980 Ballaghadreen incident are now deceased or unable to recall events accurately. Pringle opposes the dismissal, asserting that any delay was caused by the State. He has moved for the discovery of documents relating to a 2002 DNA analysis by the Forensic Science Service in Birmingham, which reportedly matched hair from the robbery vehicle to him. Pringle's legal team, including Declan McGovern SC, states these materials are essential to demonstrate his innocence and progress the claim. The State denies the allegations regarding the report and opposes the discovery motion. The hearing before Ms Justice Carmel Stewart continues on Friday.